NOTICE OF MOTION TO DISMISS SUMMONS

UNITED STATES OF AMERICA

STATE OF ILLINOIS COUNTY OF DUPAGE

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT







HENRY WILLIAM HOCHSTATTER,

Plaintiff,

vs.

GARDENIA C. HUNG,

Defendant
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Case No.: 2010LM002415



NOTICE OF MOTION FOR OBJECTION TO DISMISS SUMMONS FOR COMPLAINT IN FORCIBLE ENTRY AND DETAINER WITH ADDENDUM TO EXHIBIT A



COURT HEARING: September 23, 2010,

10:00 AM, ROOM 1003


NOTICE OF MOTION

FOR OBJECTION TO DISMISS SUMMONS FOR COMPLAINT

IN FORCIBLE ENTRY AND DETAINER

Now comes Gardenia C. Hung to appear and present a Motion for Objection to Dismiss Summons for Complaint in Forcible Entry and Detainer, in order to deny false allegations for wrongful actions filed by Lewis John Craft and Associates on behalf of Henry W. Hochstatter as Plaintiff, upon advise by a third party, (i.e. Charles “Chuck” Pickerill, Bobby Pickerill, and others in Villa Park, Illinois), not involved in this legal matter. Attached herewith is an Addendum to Exhibit A, Statement of Payments by Gardenia Hung during August and September 2010, with paid receipts as proof of cash and credit payments with CHASE VISA card. This Motion for Objection to Dismiss is based on legal grounds for illegal leasing documentation, incomplete leasing instrument provided by Henry William Hochstatter, without legal signature or prior consent from Gardenia C. Hung. There are no separate rooms, storage, or amenities for Gardenia C. Hung on the premises currently leased by Henry W. Hochstatter. Let it be known that Gardenia C. Hung does not have the keys to the apartment and has never been given the keys to the leased Apartment #4B owned by Alex King Construction, Inc. and leased by Henry W. Hochstatter.

Henry W. Hochstatter is demanding $3,420 dollars plus costs for rent and utilities at the same address from Gardenia C. Hung who has been paying more than $5,159 dollars in cash, Washington Mutual/CHASE Visa Credit charges, and helping with Rent, Utilities, Groceries for Good, Household Chores, Laundry, Moving his belongings, Cleaning, and Other Miscellaneous tasks since November 14, 2008. Gardenia C. Hung has never been given the keys to the leased Apartment #4B by Henry W. Hochstatter, current tenant under his name only.

For the record, Gardenia C. Hung, age 51 years old, is a U.S. citizen, former Lombard resident homeowner Victim of Criminal Disaster Demolition at 502 S. Westmore-Meyers Road and Washington Blvd., in Du Page County, not legally married to Henry W. Hochstatter. Neither has Henry W. Hochstatter added Gardenia C. Hung’s name to the Savings Bank Account at Inland Bank in Villa Park nor to the Farmers’ Insurance Auto Policy or the Apartment Lease Contract signed with King Construction Inc. with a cash deposit payment of $1,165 dollars provided by the Church of Christ in Addison, or to the current utilities bill statements for ComEd Electric Company, AT&T Telephone, and/or Comcast Cable Television subscription, all current Rent and Utilities at 140 W. St. Charles Road, Apt. 4B in Villa Park remain in the name of Henry W. Hochstatter only. For the record, Gardenia C. Hung has never been given the keys to the leased Apartment #4B owned by Alex King Construction, Inc. and leased by Henry W. Hochstatter.

Both parties met at Grace Lutheran Church in Villa Park on November 7, and November 14-15, 2008, while both parties were homeless seeking shelter provided by PADS in Wheaton, Illinois. Then on November 15, 2008, Henry W. Hochstatter offered Gardenia C. Hung a car ride from the 7-Eleven Gas Station on St. Charles and Addison Road in exchange for Shell Oil gasoline purchased on Westmore-Meyers and Roosevelt Road in Lombard.

Gardenia C. Hung is currently working at the Deicke Home for the Retarded and assisting staff assigned only eight (8) hours a week in Lombard, upon referral and arrangement by the York Township General Assistance Director Diane Arturi and Pamela, receptionist.

Let it be known that Gardenia C. Hung has been paying cash, credit, telephone charges, and other services regularly for Henry W. Hochstatter while Plaintiff was homeless, without any cash funds from his disability in November and December 2008, due to his recent divorce from Joan Hochstatter Mueller, Addison resident homeowner, on May 5, 2010. During this period of separartion, Henry W. Hochstatter has received cash and gift credit cards from the Christian and Catholic community churches sponsored by PADS in Wheaton during 2009, in addition to other cash and gift credit cards received by Gardenia C. Hung and used by Henry W. Hochstatter.

During December 2009 and January 2010, I, Gardenia C. Hung , have paid more than $100.00 in cash with receipt from CHASE Bank in Oak Brook, and a notarized statement from the banker.

Plaintiff invited Gardenia Hung to stay at the same address since November 17, 2009. Henry W. Hochstatter has known Gardenia C. Hung since November 7, 2008 and November 14, 2008 in Villa Park, Illinois while staying at Motel 66 and Intown Residential Suites in Villa Park.

Since Henry W. Hochstatter moved to the same address, there have been several incidents of domestic violence filed as Villa Park Police Reports for domestic violence, threats, screaming, and aggressive behavior since Henry W. Hochstatter started working for Chuck Pickerill at UHAUL of Villa Park and moving to live at 140 West St. Charles Road, Apt. 4B, in Villa Park owned by Alex King Construction, Inc. Case-in-point Villa Park Police Report No. 100215002701, February 15, 2010, Time: 18:04, Villa Park Police Department Phone: 630-834-7447, Officer's Name: Blake #353.
Gardenia C. Hung has paid in excess of $5,159 dollars in person to Henry W. Hochstatter, cash, credit, and other tangible items, goods, new clothing, medication, food, car gasoline for Toyota SUV R5, use of Lombard Post Office Box 1274, telephone deposits for AT&T, U.S. Cellular telephone payments, laundry, etc. Gardenia C. Hung has also incurred Chase VISA Credit Card Debt in the amount of $2,514.69 for lodging at Motel 66, InTown Residential Suites in Villa Park, Colonoscopy Medication, Aspirin, Tylenol, and other expenses on behalf of Henry W. Hochtstatter. In addition, Henry W. Hochstatter has received tangible goods such as a White 1993 Mitsubishi 4-Door Sedan, Sears Pro-Form Treadmill which was broken by Henry W. Hochstatter, Toro Snowblower, Wood Garden Chipper, Extended Metal Ladder, several Sears Craftman gardening tools, Ace Hardware White Foldable Fencing, Carpenter’s Leather Caddy, New Clothing, Shirts, T-Shirts, Pants, in excess of $5,600 dollars. Consequently, Henry W. Hochstatter owes Gardenia for CHASE VISA Credit Card charges, expenses, and interest accrued in the amount of $2,514.69 remaining balance not paid off, since November 17, 2009.
For the record, Henry W. Hochstatter is a disabled adult, age 55, who receives Social Security Disability and Medicare Health benefits monthly in the amount of $1,200 deposited monthly into a Savings Account at Inland Bank in Villa Park, plus Henry W. Hochstatter also works for U-Haul as a truck driver, transporter, and for The Next Generation Auto Shop, as well as for Alex King Construction, Inc. at 140 W. St. Charles Road, Apt. 4B, in Villa Park, Illinois 60181. Henry W. Hochstatter receives payment in cash for other miscellaneous gardening jobs, tasks, handyman, gardening work, etc. Currently, Henry W. Hochstatter is leasing an apartment at King Construction, Inc. for $760.00 a month with a living subsidy for building maintenance, gardening and landscaping, etc. provided as a Cash Refund payment return by Alex King, owner of the building.
Since November 14, 2009, Henry W. Hochstatter does not pay Gardenia C. Hung any money, compensation or cash after moving from InTown Residential Suites to the apartment owned by King Construction Inc. on November 17, 2009, after she has helped this disabled man to move into his new apartment, even when Gardenia Hung has been helping him as a friend, companion, and assistant during his banking matters, social security suspension, divorce court matters, driver’s license return, laundry, household chores, moving from U-STORE-IT in Addison, and other miscellaneous issues as a victim of traumatic brain injury and disability. Henry W. Hochstatter was suffering from flu-like symptoms with coughing and dizziness which required to see Medical Doctor Eyad Homedi, M.D. Midwest Family Practice in Bloomingdale for the flu shot, and Doctor Uptal Parekh, M.D., Gastroenterologist and Internal Medicine specialist in Addison for a colonoscopy due to three (3) active colon ulcers. In addition, to seeing an ear specialist for treatment and removal of excessive earwax. Henry W. Hochstatter has a history of psychiatric care and hospitalization in Addison, DuPage County, Illinois.
In conclusion, Gardenia C. Hung has paid in excess of $5,159 dollars in person to Henry W. Hochstatter, cash, CHASE VISA credit in excess of $2,514.69, and other tangible items, goods, new clothing, medication, food, car gasoline for Toyota SUV R5, telephone deposits, laundry, etc. In addition, Henry W. Hochstatter has received tangible goods such as a White 1993 Mitsubishi 4-Door Sedan, Sears Pro-Form Treadmill which was broken by Henry W. Hochstatter, Toro Snowblower, Wood Garden Chipper, Extension Ladder, several Sears Craftman gardening tools, Ace Hardware White Foldable Fencing, Carpenter’s Leather Caddy, New Clothing, Shirts, T-Shirts, Pants, in excess of $5,600 dollars. Please note that Henry W. Hochstatter does not provide for personal expenses or any billing expenses incurred by Gardenia C. Hung. For the record, Henry W. Hochstatter has not been incurring expenses for clothing, shoes, personal items, vacation, valuables, or any luxury items on behalf of Gardenia C. Hung.

WHEREBY, Gardenia Hung does not owe Henry W. Hochstatter any further cash, credit, tangible goods, or assistance for disability as a traumatic brain injury person.

WHEREFORE, Gardenia Hung hereby presents a Motion for Objection To Dismiss the Summons for Complaint in Forcible Entry and Detainer by Counsel on behalf of Henry W. Hochstatter and prays for justice, equity, and fairness in this legal matter. This Motion for Objection to Dismiss is based on legal grounds for illegal leasing documentation, incomplete leasing instrument provided by Henry William Hochstatter, without legal signature or prior consent from Gardenia C. Hung. There are no separate rooms, storage, or amenities for Gardenia C. Hung on the premises currently leased by Henry W. Hochstatter. Let it be known that Gardenia C. Hung does not have the keys to the apartment and has never been given the keys to the leased Apartment #4B owned by Alex King Construction, Inc. and leased by Henry W. Hochstatter.

Furthermore, Gardenia C. Hung petitions for the Court’s Order of Protection while staying as a paying resident invited by Plaintiff at 140 West St. Charles Road, Apt. 4B, Villa Park, Illinois 60181, owned by Alex King Construction, Inc.
Dated this 21st day of September in the year 2010,





____________________________

Gardenia C. Hung

(Reserved Signature)

Post Office Box 1274

502 S. Westmore-Meyers Road

Lombard, Illinois 60148-8274

Telephone: 630-201-9055







UNITED STATES OF AMERICA

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT

STATE OF ILLINOIS COUNTY OF DUPAGE



Case No.: 2010LM002415, Henry W. Hochstatter vs. Gardenia Hung\



Addendum to Exhibit A



Statement of Payments



I, Gardenia C. Hung have been paying in person, cash, credit for CHASE VISA credit card charges, gasoline, Jewel/Osco groceries, dining out, during August and September 2010, with paid receipts as proof of cash and credit card payments made while staying/sharing an apartment with Henry W. Hochstatter at 140 W. St. Charles Road, Apt. 4B, Villa Park, Illinois 60181.



August 2010



Cash for Gasoline, Dining Out, Lunch, Dinner $ 167.00



Jewel/Osco Groceries, Household $ 249.00



CHASE VISA Credit Card Charges/Interest $ 76.00



U.S. Cellular Telephone Mobile $ 83.00



Subtotal: $ 575.00



September 2010



Cash for Gasoline, Dining Out, Lunch, Dinner $ 167.00



Jewel/Osco Groceries, Household $ 249.00



CHASE VISA Credit Card Charges/Interest $ 76.00



U.S. Cellular Telephone Mobile $ 83.00



Subtotal: $ 575.00



Total: $1,150.00



To Date Grand Total: $6,309.00











Verification

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


Executed in the Village of Lombard, County of Du Page, in the State of Illinois,
United States of America.






Gardenia C. Hung

(Reserved Signature)



Dated on the 21st day of September 2010, in the Village of Lombard, County of Du Page, Illinois