DEFENDANTS’ AMENDED PETITION IN MOTION TO ACCEPT ALL LEGAL EXPENSES IN THE SUM OF $33,725.41US FOR REIMBURSEMENT PURSUANT TO SUPREME COURT RULE 137

State of Illinois United States of America County of Du Page
In the 18th Judicial Circuit Court
Village of Lombard, an Illinois
Municipal Corporation, et. al,
All Employees, Plaintiff,
vs.
Gardenia C. Hung and Robert S. Hung, Trustees of the Trust Agreement Designated as the Roberto Hung Supplemental Care Trust, Jeffrey D. Papendick, a tax-purchaser, and non-record claimants and unknown users
Defendants
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Case No.:2007CH001284 Consolidated
Case No.:2006OV005982, LO25448NT;
Case No.:2006OV005983, LO25449NT;
Case No.:2006OV004446, LO12418NT; LO12419NT
NOTICE OF FILING MOTION
DEFENDANTS’ MOTION TO ACCEPT ALL LEGAL EXPENSES IN THE SUM OF $33,725.41US FOR REIMBURSEMENT OF ALL COURT FEES, COSTS, AND OUT-OF-POCKET EXPENSES FOR PAYMENT BY PLAINTIFF




Attn. Honorable Judge, Chancery Division To: Honorable Circuit Court Clerk
18th Judicial Circuit Court, Room 2005-2009 Mr. Chris Kachiroubas
505 North County Farm Road 505 North County Farm Road
Wheaton, Illinois 60189-0707 USA Wheaton, IL 60187 USA
CC: Law Firm of Klein, Thorpe and Jenkins, Ltd., Mr. Howard C. Jablecki, Lance C. Malina, Cynthia S. Grandfield, Attorneys for the Plaintiff, 20 North Wacker Drive, Suite 1660, Chicago, Illinois 60606-2903, USA; To Whom It May Concern

NOTICE OF FILING MOTION

DEFENDANTS’ AMENDED PETITION IN MOTION TO ACCEPT ALL LEGAL EXPENSES IN THE SUM OF $33,725.41US FOR REIMBURSEMENT PURSUANT TO SUPREME COURT RULE 137 AND §10A(C) OF THE CONSUMER FRAUD ACT, 815 ILCS 505/1 ET SEQ.

Now comes Gardenia C. Hung again, on behalf of the Defendants, to present this amended petition in Motion before this Court to Accept All Legal Expenses in the sum of $33,725.41US for Cash Reimbursement pursuant to Supreme Court Rule 137 and §10a(c) of the Consumer Fraud Act, 815 ILCS 50-5/1 et seq. against the Village of Lombard, an Illinois municipal corporation, et al, All Employees, on legal grounds for abuse of the legal process in bringing a vexatious and harassing action in Bad Faith for Condemnation, Demolition and for Injunctive Relief of the Subject Real Estate Property in a cause of action which fails to state a public purpose, lacking in foundation, and unsupported by well-grounded facts, not warranted by existing laws.

Plaintiff’s Counsel, Howard C. Jablecki, Lance C. Malina, Cynthia S. Grandfield, et al., for the Law Firm of Klein, Thorpe & Jenkins, Ltd., have submitted a Motion to Strike the Defendants Motion for Discovery to Petition Attorney’s Fees in the sum of $32,497.41US, under §10a(c) of the Consumer Fraud Act, 815 ILCS 50-5/1 et seq. against the Village of Lombard, an Illinois municipal corporation, et al, All Employees, which present the filing of a frivolous pleading to strike and dismiss the Defendants’ legal attorneys’ fees incurred at the expense of the Estate of the Roberto Hung Supplemental Care Trust and Real Estate Property from 1993 through 2007, in the amended petition for the sum of $33,725.41.US, in conformity to proof, pursuant to Supreme Court Rule 137.

Mr. Howard C. Jablecki et al. present false arguments which lack of foundation, raise improper character reference, and fail to state a public purpose for demolition and for injunctive relief, on legal grounds for Consumer Service Fraud, Conversion of Real Property, Abuse of the Legal Process, Malicious Prosecution, Obstruction of Justice, “Scienter”, i.e. Guilty Knowledge by Plaintiff as the Village of Lombard et al., All Employees, about the false representation of the Lombard Historical Brick Bungalow at 502 S. Westmore Avenue owned by the Hung Family, and omission of material fact and key evidence leading to all the damages, losses, and disrepair to real property owned by Gardenia C. Hung and Robert S. Hung, as Trustees, under the terms and provisions of the Roberto Hung Supplemental Care Trust, dated on the 3rd day of June 1997. This Lombard Historical Brick Bungalow is not a dangerous, unsafe building to the community in the Village of Lombard.

Legal Description of the Lombard Historical Bungalow Built in 1927

Parcel Identification Number 06-09-315-038. Lot 2 in George P. Hornbeck’s Re-subdivision of the part of the West ½ of the South West ¼ of Section 9, Township 39 North, Range 11, East of the Principal Meridian, according to the Plat thereof recorded on February 19, 1980 as Document No.R80-10413, in Du Page County, Illinois, United States of America.

Defendants hereby deny, dispute, and oppose each and every allegation in the Plaintiff’s Response since witnesses, statements on record, law enforcement reports, and prior court decisions for the consolidated legal actions herein, do not support the Verified Complaint for Demolition of a Dangerous Unsafe Building or the statement that the subject property is “Unfit for Human Habitation” since Gardenia C. Hung is the legal Lombard resident homeowner, currently residing and inhabiting the same premises without any hazards, safety risks and/or health concerns.

Defendants are entitled by law to restore, remodel, repair, and reconstruct the subject real estate property by law, under the U.S. Department of Housing and Urban Development Act, the Homeowners Repair Act, the Housing and Community Development Act, Federal Fair Housing Acts, and the Federal Trade Commission Act.

The Illinois Consumer Fraud and Deceptive Business Practices Act (the Consumer Fraud Act), 815 ILCS 505/1 et seq. (West 2004) enacted in 1961 includes a variety of consumer service abuses, such as fraud, deception, false promise, misrepresentation, and the intentional omission of material fact with respect to real estate property and homeowners as consumers.

The Consumer Fraud Act was substantially amended in 1967 and 1973 to conform to Section 5(a) of the Federal Trade Commission Act, 15 U.S. Supreme Court, Section 41 et seq. which declares illegal “unfair and/or deceptive acts of practices” and “unfair methods of services”. These amendments also created a private right of action by individuals as consumers to include trusts as private entities. Private individuals may bring legal actions under Section 10a(c) of the Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act), 815 ILCS 505/1 et seq. and the Court may accord actual damages, injunctive relief, attorneys’ fees, costs, and expenses incurred to the prevailing party. Under Section 10a(c), the Court in its discretion may award actual damages and any other relief it deems proper, 815 ILCS 505/1; Section 10a(a) includes awarding of punitive damages, case in point, Black v. Iovino, 219 Ill. App. 3D 378, 580, N.E. 2d 139, 162 Ill Dec 513 (1st Dist. 1991). Punitive damages must be proportionate to the nature and enormity of the wrong. In addition, punitive damages are properly assessed when one party acts willfully, fraudulently, or with such gross negligence as to indicate wanton disregard for the rights of others.

For the record, Defendants have filed Consumer Service Fraud reports, complaints, and actions against Plaintiff as the Village of Lombard, an Illinois municipal corporation, et al. and All Employees, under the Federal Trade Commission Act, the Illinois Commerce Commission for Public Utilities and Consumer Abuses, Damages, Losses, and Disrepair caused by SBC Telephone Company in Illinois/Indiana, Commonwealth Edison Electric Company, Peoples Gas Company, Waste Management of Illinois, the Lombard Police Department, Keith Steiskal and Chris Haneghan for the Bureau of Inspectional Services, and the Lombard Fire Department.

Please take notice that the Village of Lombard as an Illinois municipal corporation, has acted in “bad faith” toward the Lombard Historical Brick Bungalow at 502 S. Westmore Avenue, owned by the Hung Family since September 1993. As such, Plaintiff is directly responsible and accountable for all the damages, losses, and disrepair at the subject real estate property for the last fourteen (14) years, caused by unauthorized access entry to the Hung Family home, abuse of the real property and the Hung Family members as homeowners, burglary, theft, conspiracy, rape, kidnapping, gaining entry to the home by misrepresentation of services, etc. Consequently, Plaintiff is subject to investigation and prosecution for Consumer Service Fraud and Deceptive Business Practices, sanctions, fines, and punitive damages.

In addition, the Village of Lombard is liable for false representation of the Hung Family and the subject property through unauthorized residential services and omission of material facts of evidence leading to the compensation for damages, losses, and disrepair caused by Plaintiff.

Let it be known that Plaintiff denies information to the Hung Family which leads to the restoration, remodeling, and repair construction of the Lombard Historical Brick Bungalow built in 1927. As subject to “Scienter” for “Guilty Knowledge”, the Village of Lombard is responsible and financially accountable for all the damages, losses, and disrepair of the subject real estate property. Furthermore, Plaintiff is subject to prosecution for conspiracy, and “Scienter” with “guilty knowledge” of all the transgressions and criminal acts plotted against the subject property while the Hung Family has been resident homeowner.

The Village of Lombard act sin “Bad Faith” withholding facts of evidence and “guilty knowledge” that is sufficient to make all employees responsible for all the consequences of actions against the subject real estate property and the Hung Family members, to include the late Mr. Roberto Hung who was injured and disabled at home on December 22, 1996, and later murdered by Respiratory Therapist Ben Aguilar at Vencor Northlake Hospital, following treatment at Elmhurst Memorial Hospital in Du Page County, Illinois.

Thus, Plaintiff owes cash restitution as compensation reimbursement to the Hung Family for all the damages, losses, and disrepair of the subject real estate property and the resident homeowners. The Village of Lombard’s actions for bad faith are evident in the Verified Complaint for Demolition and for Injunctive Relief which presents the destruction of the subject real estate property, while it denies the Hung Family homeownership rights by law to restore, repair, and remodel the very same Lombard Historical Bungalow which it has targeted as an access to crime for a distressed real property. Consequently, the Defendants have a right to “Eminent Domain” under the Constitution of the United States and the by-laws in the States of Illinois underwritten by the Illinois General Assembly.

The Village of Lombard as an Illinois municipal corporation and all employees, are subject to Consumer Service Fraud and Deceptive Business Practices under 815 ILCS 505/1 et seq. and the Federal Trade Commission, 15 U.S. Supreme Court, Section 41 et seq. which declares illegal “unfair and/or deceptive acts or practices” and “unfair methods of services”. Plaintiff is subject to prosecution and liable for “Scienter”. The Defendants sustain the allegation that the subject in question who has been accused of the crimes against the Hung Family and real property, is aware of the wrongfulness of the act with “guilty knowledge”. Plaintiff as the Village of Lombard has been deliberate in the intent to deceive the Hung Family and all the resident homeowner(s) currently residing at the same address.

The following items illustrate the Village of Lombard Deceptive Business Trade Practices:
· Consumer Service Fraud
· Subject in question passes off goods or services as those of another
· Causes likelihood of confusion or misunderstanding as to the source, sponsorship, approval or certification of goods/services
· Causes likelihood of misunderstanding as to the affiliation, connection or association with another
· Uses deceptive representations or designations of geographic origin in connection with goods or services
· Engages in any other conduct which similarly creates a likelihood of confusion or of misunderstanding
Consequently, the Village of Lombard, an Illinois municipal corporation is liable for investigation under the Consumer Fraud Act in the State of Illinois and subject to prosecution under the statutes and by-laws of the Illinois Constitution and the Illinois General Assembly.

Defendants hereby are filing an Amended Petition for Attorney’s Fees under Section 10a(c) of the Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act), 815 ILCS 505/1 et seq. which states that a court “may award *** reasonable attorney’s fees and costs to the prevailing party.” 815 ILCS 505/1 10a(c) (West 2004).

WHEREFORE, Gardenia C. Hung, on behalf of the Defendants, prays for financial remedy and cash relief in order to present this Amended petition as a Motion before this Court to Accept All Legal Expenses in the sum of $33,725.41US for Cash Reimbursement pursuant to Supreme Court Rule 137 and §10a(c) of the Consumer Fraud Act, 815 ILCS 50-5/1 et seq. against the Village of Lombard, an Illinois municipal corporation, et al, All Employees, on legal grounds for abuse of the legal process in bringing a vexatious and harassing action in Bad Faith for Condemnation, Demolition and for Injunctive Relief of the Subject Real Estate Property in a cause of action which fails to state a public purpose, lacking in foundation, and unsupported by well-grounded facts, not warranted by existing laws. In addition, Defendants pray for justice, equity, and fairness in the award for restitution of the damages, losses, and disrepair incurred in this “Action in Trover” to the prevailing party by default under the Constitution of the United States of America and under God.
Attached hereto are All Legal Expenses paid by the late Mr. Roberto Hung and the Hung Family from 1993 through 2007 for the Estate of Roberto Hung Supplemental Care Trust in Lombard, Illinois at 502 S. Westmore Avenue, Du Page County, in the sum of $33,725.41US, as Exhibit B, as follow:

EXHIBIT B

September 1993, Real Estate Legal Expenses $ 2,198.00
Paid by Mr. Roberto Hung
Du Page County Recorder of Deeds $ 30.00

1996-1997, G.C. Hung, Trustee’s Legal Fees $ 5,500.00
Du Page Court Guardian Legal Fees $ 110.00

1998, Intercounty National Title Insurance $ 500.00
R.J. Lackner, Attorney $ 75.00
C. Hara, Attorney for the Law Firm
of Masuda, Eiffert, and Mitchell, Ltd. $ 2,251.00
Miller & Associates, Ltd., P.C. $ 700.00
S. Mevorah & Associates, Attorneys $ 1,300.00
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$ 12,664.16
2006 Legal Expenses $ 15,450.00
2007 Legal Expenses $ 5,571.25___
Total $ 33,725.41___

VERIFICATION

Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, to the best of my ability, so help me God.

Dated: Monday, October 15, 2007 Signed by:___________________________________
In the State of Illinois Gardenia C. Hung, M.A.
Village of Lombard 502 S. Westmore-Meyers Road
Du Page County Lombard, Illinois 60148-3028United States of America