Victims' Rights
Showing posts with label DuPage County. Show all posts
Showing posts with label DuPage County. Show all posts
Saturday, February 9, 2013
Tuesday, March 9, 2010
"De Laudibus Legum Angliae"--In Praise of the Laws of England
Part I, "De Laudibus Legum Angliae"--"In Praise of the Laws of England"--Quote from Sir John Fortescue (c.1395-c.1477)
"Common Law: Past, Present, Future, and Beyond..."
The legal grounds of common law are based "in its beginnings lost in the mist of the history of northern Europe and Scandinavia, touched by the influence of the Roman Empire and the history of the English peoples who are frequently invaded by cross-cultures who remained, intermarried with the local citizens and greatly affected their customs and habits." While the Romans ruled Britain for almost 400 years, the development of the Justinian code and of the Roman law was still 100 years away before they left England . During 600 A.D., the English were converted to Christianity and canon law became established in England . Canon law, as a judicial system of the church, has been a significant factor in English legal history and has acquired a name all of its own--equity. For many years, two (2) parallel courts existed in England , courts of equity, which were free to apply principles of conscience, and common law courts. The "common law" is so called because it was "commonly" applied throughout the kingdom of England in the King's Court.
The last successful cross-cultural invasion of England was by the Normans over the Saxons in 1066 A.D., fought over the Battle of Hastings. Since the 11th century A.D., the English were able to develop their own legal system in a typical English manner--they avoided the method of trying to write down all known laws on paper." The English won the protection of their own basic civil rights from their rulers, as noted in the Magna Carta endorsed and signed by King John in 1215.
From that time onwards, the English applied justice, equity, and fairness in the developing courts, with trials by jury for contests between individual citizens disputing over property, personal injuries and contracts. At other times, acts of Parliament defined specific crimes and prescribed penalties. Judges and members of Parliament established British English laws gradually by legal precedents. The result is then what is known still today as "common law": that is to say, custom, tradition, decisions by judges in specific cases and acts of Parliament.
This legal system based on "common law" has been well established for the last 400 years in the United States of America , between 1215 A.D. and 1607 A.D., when the British arrived and settled in Historical Jamestowne, Virginia. For the American colonists, legal experience differed according to the background of the settlers. Since lawyers were few at the time, important cases were heard and decided in London , England . For the last 400 years, "common law" has become the most important root of the American legal system founded on solid judicial grounds from England and imported to the United States of America , during the 17th century through the 21st century and beyond...
Common law has been practiced throughout the kingdom by the King's Court as long as the English languages has been used by the Angles, the Jutes, the Saxons, and the Normans, influenced by Latin and Greek, as well as by the Celts--the Welsh, the Irish, the Scots, and the Cornish--all Gaelic-speaking tribes who were natives of the British Isles before the English settled in the United Kingdom.
The Angles and the Jutes invaded England from Denmark . The Saxons traveled from Saxony which is now known as Germany . And the Normans sailed across the English Channel from France ...
Following the Saxon invasion from Germany , the word "Anglii" and " Anglia " became part of the language as used by the Celts to refer to the invaders. One hundred and fifty years after the first raids, King Aethelbert of Kent was named "rex Anglorum" by Pope Gregory. Since then, these people have been called "Angelcynn" (Angle-kin) and their language was "Englisc". By 1000 Anno Domini, the country was generally known as "Englaland", the land of Angles .
The development of the English language moved the practice of common law throughout the invasions of England and the cross-cultural revolutions which took place before and after the year 1066 A.D., marked by the Battle of Hastings, fought between King Harold II and King William I.
According to "The Story of English" by Robert McCrum, William Cran, and Robert McNeil, the Mother tongue known as English was brought to Britain by Germanic tribes, the Angles, the Saxons, and the Jutes, influenced by Latin and Greek when St. Augustine and his followers converted England to Christianity. The English language has been subtly enriched by the Danes, and finally transformed by the Normans . French-speaking William I of Normandy , also known as the Conqueror who won the battle of Hastings over Harold II in 1066 A.D.
In "The History of the English-speaking Peoples", Sir Winston Churchill stated: "We must never cease to proclaim in fearless tones the great principles of freedom and the rights of man, which are the joint inheritance of the English-speaking world and which through the Magna Carta, the Bill of Rights, the habeas corpus, trial by jury, and the English common law, find their expression in the Declaration of Independence, (of the United States of America)".
During the first week of May 2007, Queen Elizabeth II and Sir Philip, Duke of Edinburgh were hosted by President George W. Bush and First Lady Laura Bush during their visit to Historic Jamestowne, Virginia , Kentucky , and Washington , D.C. They celebrated the 400th Anniversary of the British settlement since 1607, when the first English settlers arrived to the British Colonial fort, sited by Captain John Smith and "Matoakah" Pocahontas, Chief Powhatan's Native American Indian Princess, and African-American slaves in North America and Canada, during the 17th century.
An example of "common law" is the concept of "conversion" which defines an intentional tort to personal property (same as "chattel") where the wrongdoers' unjustified, willful interference with the "chattel" deprives the owner of the possession of such "chattel". The owner must have actual possession or immediate right to possession since the time of the wrongful misuse, alteration, or abuse occurred. Interference in common law "conversion" means the exercise of dominion over another's chattel. Intent to dispossess the owner of the chattel is not a required element of the claim. In other words, intentional removal of another's chattel under the mistaken belief that it belongs to the wrongdoer, does not relieve the wrongdoer of liability under conversion.
Stealing something from someone else is one form of conversion. However, conversion is not limited to theft. Conversion can also be accomplished by moving, transferring, discarding, hiding, vandalizing or destroying another person's chattel. Merely using another person's chattel can be grounds for conversion in certain cases.
Legal remedy for conversion is usually in the form of damages restitution equal to the fair market value of the chattel at the time of conversion.
Conversion is an interference with another's ownership of property. It is a general intent tor, not a specific intent tort. That means that the intent to take or otherwise deal with the property is enough to support the claim. The standard remedy and relief for conversion is a judgement for damages in an amount equal to the fair market value of the property. Punitive damages are also possible to be assessed because conversion is an intentional tort. For the last seventeen (17) years, the Village of Lombard has been trespassing and interfering with the Hung Family real estate property by damaging, stealing, and cheating from the Hung Family in order to appropriate their assets in DuPage County, Illinois, USA.
Part II: Intentional tort--Conversion and trespass as “action in trover”
An intentional tort arises from deliberate invasion of another person’s rights, causing injury without just cause or excuse. For instance, the new neighbor drives backward into the owner’s fence posts between the adjoining driveway and damages the existing fence on the first moving day into their new home. The owner of the damaged fence posts can sue the new neighbor for repeatedly driving into the owner’s fence posts with a van, a lawnmower, or deliberate carelessness.
Intentional torts include interference with a person’s freedom of movement, defamation of character (libel and slander), invasion of privacy, interference with property rights, misuse of the legal process, fraud, and the intentional infliction of emotional distress.
Trespass is a tort, a civil wrong because it interferes with a person’s property rights. For instance, the new neighbor’s son jumps the fence adjoining the owner’s property repeatedly without permission. Or, the Lombard Police Department in Du Page County, Illinois allows intruders, strangers, terrorists, and criminal repeat offenders to jump the owner’s fence into the backyard, under approval of the Village of Lombard, Town Hall staff, and the Village Manager, Bill Lichter, President Bill Mueller, including Trustee for District 5 Ken Florey, and others, without the authorization of the Hung Family as owners of the real estate property.
Common law “tort” action features unreasonable interference with the interests of another. For instance, intentional infliction of emotional distress is a tort. Case-in-point, John Carpenter, the neighbor calls the Lombard Police Department on the Hung Family when the daughter arrives one evening, last summer 2006, and walks into the backyard—there was nothing wrong in the backyard, at the house, or with the daughter of the late Mr. Roberto Hung, J.D.
An injured person may sue anyone who commits a tort against him/her to collect damages—money to compensate for the wrong.
Trespass is an unlawful intrusion that interferes with someone else’s possession of property. A trespass gives the property owner the right to bring a civil lawsuit and collect money damages for the interference and for any harm caused. Some states in the U.S.A. have laws that make trespass a crime and prosecute illicit access entry into property with punitive fines, sanctions, and imprisonment. Generally, a trespass is committed on real property (real estate or land and everything that is attached to it), but a trespass can also be to personal property (all other forms of property) as well.
Criminal trespass is accomplished by violence or tends to be a “breach of peace”. Some statutes consider any unlawful entry on another person’s real estate property as a criminal act. When the trespass involves violence or injury to a person or property, it is always considered criminal, and penalties may be increased for more serious or malicious acts. Criminal trespass is prosecuted in the State of Illinois by punitive fines, sanctions or imprisonment or both.
The standard remedy in an action for trespass to chattels is a judgment for an amount equal to the value of loss or use of the property. Damages from a trespass claim are based on the harm caused to the owner’s property, rather than the general value of the chattel. Under common law, many acts can constitute both “conversion” and “trespass” as “action in trover”.
Conversion as an “action in trover” under English common law is an ancient, historical form of legal action to recover possession of personal property, and its practice to settle disputes, contests, and arguments, has developed our modern sense and interpretation in the application of common law in the 21st century and beyond.
Action in trover is the technical name for a lawsuit to recover damages incurred for a wrongdoer’s “conversion” (wrongful taking, misuse, abuse, alteration or destruction) of personal property belonging to someone else. In trover actions, the measure of damages is normally in proportion to the value of the property at the time of conversion.
Legal “action in trover” is a remedy for conversion or the wrongful appropriation of the owner’s personal property. During the course of the 16th century, “action in trover” developed as a special form of legal action in a case.
Trover damages are measured in proportion to the market value of the property, plus compensation for deprivation of use, and compensation for other losses naturally and proximately caused by the wrongful taking of another’s property. The owner can also recover interest that would have been earned by the money value of the object and any expenses incurred in attempting to recover the property.
Another example of common law is “negligence per se”, that is to say behavioral conduct which is evidence of an unreasonable action (or failure to act) that causes injury to a person or damages to his/her property. Negligence per se, as carelessness in itself, is behavior that falls below the standards set by law for protecting others against risk or harm. As a result of “negligence per se”, anyone who is injured, or whose property is damaged because of someone else’s negligent act or failure to act, is entitled to bring a civil lawsuit against the wrongdoer, for an “action in trover”.
In itself, negligence is a state of mind involving carelessness, forgetfulness, inattentiveness, refusal to perform duties and obligations required by law and professional standards.
In negligence law, a person has an obligation and duty to exercise reasonable care for the physical safety and for the property of others people.
Negligence per se involves “misfeasance” which is to say, the improper doing of an act, and “nonfeasance”, that is to say, the failure to perform the required duty. In cases involving “imputed negligence”, the first person in charge may have a duty to see that the second person in force exercises care in regard to any third party or property. Thus, “imputed negligence” falls upon the first person when the second person fails to perform the duty of care for the third person, “vicariously”. In the same way, “respondeat superior”, in Latin, illustrates a principle of law that holds an employer liable and responsible for anything that an employee does during the course of employment. Case-in-point, the Village of Lombard is responsible for all its employees’ actions and non-actions, at all times.
When a person suffers harm because of someone else’s negligence, the same person can sue the negligent person and make him or her pay for the harm, damages and/or losses caused. Given that the negligent person owed the injured party a duty to use care; that he/she violated that duty by failing to act according to the required standard of care; and that the party incurred injury or that property was damaged as the result of the negligent person.
In the doctrine of “negligence per se”, the violations of statutes by the negligent person creates a case for legal action in itself, by default. In order for this doctrine (of negligence per se) to operate, the statute which has been violated must have been designed to prevent the type of injury or damaged suffered by a victim of crime, abused by another person due to “negligence per se”.
Case-in-point, in the legal action for Village of Lombard v. Hung, et al., the Plaintiff is subject to “negligence per se” for the violations of Illinois statutes pursuant to consumer service fraud, breach of the Fair Housing agreement contract, and Lombard real estate liability for the sale of old houses in Du Page County, Illinois, USA.
Since 1993, in the Village of Lombard, the Hung Family real estate property and all family members, have all been injured, disabled, and damaged due to the Village of Lombard’s failure to provide the duty of care, according to the required standard of care; and the Hung Family members and real estate property have all been victims of crime as a result of “negligence per se” by default in the Village of Lombard, Du Page County, Illinois, USA.
English common law is based on legal court precedents. Each legal cause of action is decided by a judge to establish a precedent which may be used as a guide for other judges to make subsequent decisions. Thus common law is active, dynamic, functional, and constantly evolving in time, upon legal precedents.
Traditionally, English common law was unwritten, “lex non scripta”—not written as a body of law; however, nowadays, there are extensive, historical, and contemporary compilations of the English common law for the 21st century and beyond.
Common law follows natural reason, logic, and man’s sense of justice, equity, and fairness. It is adopted by men and women to regulate legal behavior in social settings, disputes, contests, and arguments. Common law action is a civil lawsuit between opposing parties over a real legal issue in which the relief (help) requested as remedy is generally money granted as an award for damages.
Common law developed after the French Norman Conquest in 1066 A.D. as the law common to the whole of England, rather than the local law used by the Saxons, the Angles, the Jutes, and the Celts. As the court system became established later under King Henry II, and judges decisions became recorded in law reports, the doctrine of precedents developed[1].
Historically, common law is a system of laws that prevails in England and in all countries colonized by Great Britain and the British Commonwealth. The concept of “common law” is derived from the medieval theory that the law is administered by the King’s Court which represented “the custom commonly used throughout the realm”, in contrast to the custom of local jurisdiction that was applied in local or manorial courts. According to Sir John Davies (1`569-1626), “it was nothing else but the Common Custome of the Realm” quoted in Preface to Reports, (1612). Later, Sir John Fortescue declared that the “realm has been continuously ruled by the same customs as it is now”, as noted “In Praise of the Laws of England”, c. 1470, in the original title, “De Laudibus Legum Angliae” in which the English Chancellor of the High Court of England discussed royal and political control, “sovereignty”, in response to the problem of tyranny, as presented by St. Thomas Aquina and Ptolemy of Lucca. Thomas Aquina exposed the idea of “De Regimine Principum” among the highest goals of medieval political thought—Sir John Fortescue sustained that while England was a “dominium politicum regale”, France, its secular opponent, represented a simple “dominium regale”. As the most important exponent of English political thought in the 15th century, Sir John Fortescue expressed simply that in contract to France, in England, the King was subject to the same right that the monarch approved with the two Chambers of Parliament, whose consensus was also necessary in order to establish taxes (11)—Sir John Fortescue, “De Laudibus Legum Angliae” as “In Praise for the Laws of England”, Chapters IX and XVIII[2].
English common law developed from legal usage within three (3) English courts as follow: the King’s Bench, Exchequer, and the Court of Common Pleas. The King’s Bench originally litigated the crown’s business (including criminal matters and had jurisdiction to correct errors from other courts of record). The Exchequer of Pleas, involved primarily revenue matters. Then, in a narrower sense, the common law was the body of law administered in Westminster Hall by the twelve (12) judges of the three superior courts of law. These were the Common Pleas, whose position as the prime court of civil suits had been secured by the Magna Carta (1215) and which continued to attract most civil litigation until the 18th century. The common law administered in these three (3) courts contrasted with “equity” as practiced primarily in the Court of Chancery. The Court of Chancery was originally designated as a “Court of Conscience”, concerned with securing justice in individual cases, rather than following strict rules[3].
In “Roots,” the role of the sheriff is presented as “the oldest continuing, non-military, law enforcement entity in the history of England”. In the 9th century, “shires” were municipal and administrative kingdoms divided by the King of England and assigned to trusted representatives. The shire representative appointed by the King protected his interest and the people of his particular land territory. In medieval English, the appointed trustees were called “reeves” as “guardians of the shire”. Historical usage of the words “shire-reeve” together, derived the contemporary term for the concept of “sheriff”, as we know their office of service today, before and after the French Norman invasion of England in 1066 A.D. In the past, the sheriff was responsible for keeping the peace, collecting taxes, maintaining jails, arresting fugitives, maintaining lists of wanted criminals, serving orders and writs for the King’s Court.
According to DeKalb County Sheriff Roger Scott, “the responsibilities of the office of the sheriff in England ebbed and flowed, depending on the mood and needs of kings and government”. The Magna Carta (1215) signed by King John restricted and circumscribed the responsibilities and duties of the sheriff in his times.
In the British Commonwealth, as well as in America, the concept of the sheriff has been adopted with the common law, through time, space, and physical presence. In the American colonies settled by the British since 1607 A.D., sheriffs were also appointed following the role model of English government. The first sheriff in the United States of America has been noted to be Captain William Stone, appointed in 1634 for the Shire of Northampton in the colony of Virginia. The first elected sheriff was William Waters in 1652 for the same shire. The word “shire” was used in many of the Commonwealth colonies, before the word “county” replaced its usage[4].
Under English common law, notaries public also provide another timeless office of service for the legal court system and the community at large. Since the Roman Republic, in the past, notaries public have drawn important documents and records writing for business and employment. During the times of the Roman Empire, notaries public were known under various titles in Latin, such as “scriba”, “cursor”, tabularius”, “tabelio”, “exceptor”, “actuaries”, and “notarius”, according to the historical times in which they lived and the duties performed. Notaries public are subject to regulation by law since the later days in Ancient Rome. Some of the notarial acts have been granted degrees of authenticity to be designated as public instruments and were required to be kept as records to be deposited in public archives for the government[5].
Notaries public are commissioned by the State of Illinois, Office of the Secretary of State Jesse White. Their term of office is four (4) years from the time of commission.
Throughout history, in the early past, notaries public were well known functionaries during the times of the great Charlemagne who vested notarial acts by scribes with public authority and provided notaries public appointments by his deputies in every locality in their territories. Charlemagne provided that each bishop, abbot, and count should have a notary public.
In England, appointed notaries public acted as “conveyancers”, before the French Norman Conquest in 1066 A.D., as shown by the fact that a grant of lands and manors was made by King Edward the Confessor, to the Abbot of Westminster by a charter written and attested by a notary public. In Great Britain, notaries public are authorized to administer oaths, and this official power is vested by statute.
The laws of the United States of America, under the Constitution and under God is similar, for notaries public and is often declared by the statutes of the various states and other jurisdictions.
It is my opinion that common law is established in the history of languages with the legal tradition of the past, interpreted in the present as precedents, to be preset in the future and beyond…the 21st century.
English common law is based on timeless, immemorial customs and legal practices founded on natural reason, persuasion, and logic. According to Edward Coke, “reason is the life of the law, nay, the common law itself is nothing else but reason”—from the First Part of the Institutes of the Laws of England or A Commentary upon Littleton by Edward Coke. Edited by Francis Hargrave and Charles Butler, (London, 1794).
Common law, within the context of its core principles, is perceived to be “timeless”. It is derived from legal authority “throughout the kingdom” as stated by Sir William Blackstone (1723-1780), in his Commentaries on the Laws of England, (1765-1769).
After the Civil War, U.S. Supreme Court Chief Justice Oliver Wendell Holmes wrote a book called, “The Common Law” (1881), in order to recognize that law evolved and that it was a byproduct/ consequence of historical events, rather than simply the result of reason. According to Oliver Wendell Holmes, “a moment’s insight is a life’s experience”. Holmes’ book “The Common Law” focuses on experience rather than logic and has been compared as a legal analog to Charles Darwin’s “Origin of the Species” which discusses biological processes, rather than divine ones. Oliver Wendell Holmes helped to popularize the understanding that law evolves…through time, space, physical presence, and beyond the 21st century.
After the Second World War, there was a growing interest in the use of the common law as a tool for social reform. While some academics spoke of the legal process—the belief that there were methods of common law and statutory interpretation that were independent of politics existed—other academics and jurists on both ends of the political spectrum urged judges to use their common law power to remake the law on its foundations. Where once judges had wielded the law to limit corporate liability, some began to expand “tort” law to facilitate recovery of damages and losses for injured parties in hazardous conditions, as victims of crime, to dangerous drugs to professional malpractice.
Now in the 21st century, Modern America continues to practice “common law” as a byproduct of generations of judicial decisions and during the course of time and beyond. Common law is understood to be the result of judge-made innovations, interpretation, application, and perception of the circumstances involved in judicial case review. However, a more conservative conception of the common law has been re-emerging in the U.S. Supreme Court under Chief Justice John G. Roberts and fellow jurists, scholars, and colleagues during 2007. During the first term of office appointed by President George W. Bush, Chief Justice John G. Roberts moved the U.S. Supreme Court toward a new conservative direction within the context of President Bush’s “faith-based initiative”.[6]
Since 1607, and for the last 400 years, judges still grapple and deliberate with new legal actions and struggle to apply precedents. Modern day judges are still using, applying, and interpreting the English common law system to date as a legal foundation to establish law practices for justice, equity, and fairness under the Constitution of the United States, and under God, throughout the 21st century and beyond…in the spirit of the times. Zeitgeist!
Sources:
From the Law Library of my father, Mr. Roberto Hung, J.D.
You and the Law. A Practical Guide to Everyday Law and How It Affects You and Your Family. Advisory Editor Henry V. Poor, Associate Dean of Yale University Law School, 1967-1972. Reader's Digest Association, Inc., New York, 1971.
Family Legal Guide. A Complete Encyclopedia of Law for the Layman. Reader's Digest Association, New York, 1971.
Periodical, 'The Week', May 18, 2007 on the “400th Anniversary of Jamestowne, Virginia”.
Periodical,” The Week”. July 6-13, 2007. News. Main Stories. “The Roberts Court Chars a new direction”.
Periodical, 'Newsweek'. Ideas, 'Ties of Blood and History: Sir Winston Churchill', February 26, 2007.
McCrum, Robert et al. The Story of English. BBC Public Television Series.
The Illinois Sheriff, Spring 2005. 'Roots. A Historical Perspective of the Office of the Sheriff'. DeKalb County Sheriff Roger Scott.
Fortescue, John (1394-1477). De Laudibus Legum Angliae. In Praise of the Laws of England.
http://www.answers.com/topic/commonlaw
John Marshal School of Law in Chicago, Illinois, USA.
Canada's Court System, Department of Justice Publication.
American Heritage Dictionary.
Village of Lombard, et al. vs. Hung et al., Eighteenth Judicial Circuit Court, Chancery Division, 505 North County Farm Road, Wheaton, IL 60187, County of Du Page, State of Illinois, United States of America.
Churchill, Winston. A History of the English-Speaking Peoples.
Roberts, Andrew. A History of the English-Speaking Peoples since 1901.
QPB Dictionary of Ideas. Quality Paperback Book Club. (New York: Helicon Publishing Ltd., 1995 in the United Kingdom under the title The Hutchinson Dictionary of Ideas), page 108, Common Law.
Cambridge text in the History of Political Thought, CUP, 1997. Law: Sovereignty in the British Doctrine (From Bracton to Dicey). Notes by Joaquin Varela Suanzes in http://www.murdoch.edu.au/elaw/issues/v6n3/suanzes63_ notes.html
Fortescue, John. The Governance of England: Otherwise called the Difference between an Absolute and Limited Monarchy. Editor Charles Plummer. London: Oxford University Press, 1885. Reprinted 1999 by the Law Book Exchange, Ltd.
Anderson’s Manual for Notaries Public. Fifth Edition. Gilmer, Wesley, Jr., B.A., M.S.L.S., J.D. W.H. Anderson Company. Cincinnati, 1966.
Richard, Tom, PhD. Professor Emeritus of Linguistics, University of Wisconsin, USA.
Hung, Gardenia C., M.A., B.A., Communications, Languages & Culture, Inc., 502 S. Westmore-Meyers Road, Lombard IL 60148-3028 USA. Email: GardHn@netscape.net
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[1] QPB Dictionary of Ideas. Quality Paperback Book Club. (New York: Helicon Publishing Ltd., 1995 in the United Kingdom under the title The Hutchinson Dictionary of Ideas), page 108, Common Law.
[2] Cambridge text in the History of Political Thought, CUP, 1997. Law: Sovereignty in the British Doctrine (From Bracton to Dicey). Notes by Joaquin Varela Suanzes in http://www.murdoch.edu.au/elaw/issues/v6n3/suanzes63_ notes.html
Fortescue, John. The Governance of England: Otherwise called the Difference between an Absolute and Limited Monarchy. Editor Charles Plummer. London: Oxford University Press, 1885. Reprinted 1999 by the Law Book Exchange, Ltd.
[3] http://www.answers.com/commonlaw
[4] The Illinois Sheriff. Spring 2005. A magazine published by the Illinois Sheriff Association. “Roots. A Historical Perspective of the Office of the Sheriff”. By DeKalb County Sheriff Roger Scott. Pages 6-7.
[5] Anderson’s Manual for Notaries Public. Fifth Edition. Gilmer, Wesley, Jr., B.A., M.S.L.S., J.D. W.H. Anderson Company. Cincinnati, 1966. Chapter 1, Page 2.
[6] The Week. July 6-13, 2007. News. Main Stories. “The Roberts Court Charts a new direction”.
Posted by Gardenia C. Hung, M.A. at 7:58 AM 0 comments
Labels: Common Law Conversion and Trespass, Consumer Service Fraud, Entrapment, Intentional Tort, Negligence Per Se, Police Corruption, Vicarious Criminal Acts by the Lombard Police Department
Sources:
From the Law Library of my father, Mr. Roberto Hung, J.D.
You and the Law. A Practical Guide to Everyday Law and How It Affects You and Your Family. Advisory Editor Henry V. Poor, Associate Dean of Yale University Law School, 1967-1972. Reader's Digest Association, Inc., New York , 1971.
Family Legal Guide. A Complete Encyclopedia of Law for the Layman. Reader's Digest Association, New York , 1971.
Periodical, "The Week", May 18, 2007 on the “400th Anniversary of Jamestowne , Virginia ”.
Periodical, "Newsweek". Ideas, "Ties of Blood and History: Sir Winston Churchill", February 26, 2007.
McCrum, Robert et al. The Story of English. BBC Public Television Series.
The Illinois Sheriff, Spring 2005. "Roots. A Historical Perspective of the Office of the Sheriff". DeKalb County Sheriff Roger Scott.
Fortescue, John (1394-1477). De Laudibus Legum Angliae. In Praise of the Laws of England .
http://www.answers.com/topic/commonlaw
Canada's Court System, Department of Justice Publication.
American Heritage Dictionary.
Village of Lombard, et al. vs. Hung et al., Eighteenth Judicial Circuit Court, 505 North County Farm Road, Wheaton, IL 60187, County of Du Page, State of Illinois, United States of America.
Churchill, Winston. A History of the English-Speaking Peoples.
Roberts, Andrew. A History of the English-Speaking Peoples since 1901.
Richard, Tom PhD. Professor Emeritus of Linguistics, University of Wisconsin , USA .
Hung, Gardenia C., M.A., B.A. Communications, Languages & Culture, Inc., 502 S. Westmore-Meyers Road , Lombard IL 60148-3028 USA . Email: GardHn@netscape.net
Author tags:illinois usa, dupage county, village of lombard v. hung, law, open call, legal, common law
"Common Law: Past, Present, Future, and Beyond..."
The legal grounds of common law are based "in its beginnings lost in the mist of the history of northern Europe and Scandinavia, touched by the influence of the Roman Empire and the history of the English peoples who are frequently invaded by cross-cultures who remained, intermarried with the local citizens and greatly affected their customs and habits." While the Romans ruled Britain for almost 400 years, the development of the Justinian code and of the Roman law was still 100 years away before they left England . During 600 A.D., the English were converted to Christianity and canon law became established in England . Canon law, as a judicial system of the church, has been a significant factor in English legal history and has acquired a name all of its own--equity. For many years, two (2) parallel courts existed in England , courts of equity, which were free to apply principles of conscience, and common law courts. The "common law" is so called because it was "commonly" applied throughout the kingdom of England in the King's Court.
The last successful cross-cultural invasion of England was by the Normans over the Saxons in 1066 A.D., fought over the Battle of Hastings. Since the 11th century A.D., the English were able to develop their own legal system in a typical English manner--they avoided the method of trying to write down all known laws on paper." The English won the protection of their own basic civil rights from their rulers, as noted in the Magna Carta endorsed and signed by King John in 1215.
From that time onwards, the English applied justice, equity, and fairness in the developing courts, with trials by jury for contests between individual citizens disputing over property, personal injuries and contracts. At other times, acts of Parliament defined specific crimes and prescribed penalties. Judges and members of Parliament established British English laws gradually by legal precedents. The result is then what is known still today as "common law": that is to say, custom, tradition, decisions by judges in specific cases and acts of Parliament.
This legal system based on "common law" has been well established for the last 400 years in the United States of America , between 1215 A.D. and 1607 A.D., when the British arrived and settled in Historical Jamestowne, Virginia. For the American colonists, legal experience differed according to the background of the settlers. Since lawyers were few at the time, important cases were heard and decided in London , England . For the last 400 years, "common law" has become the most important root of the American legal system founded on solid judicial grounds from England and imported to the United States of America , during the 17th century through the 21st century and beyond...
Common law has been practiced throughout the kingdom by the King's Court as long as the English languages has been used by the Angles, the Jutes, the Saxons, and the Normans, influenced by Latin and Greek, as well as by the Celts--the Welsh, the Irish, the Scots, and the Cornish--all Gaelic-speaking tribes who were natives of the British Isles before the English settled in the United Kingdom.
The Angles and the Jutes invaded England from Denmark . The Saxons traveled from Saxony which is now known as Germany . And the Normans sailed across the English Channel from France ...
Following the Saxon invasion from Germany , the word "Anglii" and " Anglia " became part of the language as used by the Celts to refer to the invaders. One hundred and fifty years after the first raids, King Aethelbert of Kent was named "rex Anglorum" by Pope Gregory. Since then, these people have been called "Angelcynn" (Angle-kin) and their language was "Englisc". By 1000 Anno Domini, the country was generally known as "Englaland", the land of Angles .
The development of the English language moved the practice of common law throughout the invasions of England and the cross-cultural revolutions which took place before and after the year 1066 A.D., marked by the Battle of Hastings, fought between King Harold II and King William I.
According to "The Story of English" by Robert McCrum, William Cran, and Robert McNeil, the Mother tongue known as English was brought to Britain by Germanic tribes, the Angles, the Saxons, and the Jutes, influenced by Latin and Greek when St. Augustine and his followers converted England to Christianity. The English language has been subtly enriched by the Danes, and finally transformed by the Normans . French-speaking William I of Normandy , also known as the Conqueror who won the battle of Hastings over Harold II in 1066 A.D.
In "The History of the English-speaking Peoples", Sir Winston Churchill stated: "We must never cease to proclaim in fearless tones the great principles of freedom and the rights of man, which are the joint inheritance of the English-speaking world and which through the Magna Carta, the Bill of Rights, the habeas corpus, trial by jury, and the English common law, find their expression in the Declaration of Independence, (of the United States of America)".
During the first week of May 2007, Queen Elizabeth II and Sir Philip, Duke of Edinburgh were hosted by President George W. Bush and First Lady Laura Bush during their visit to Historic Jamestowne, Virginia , Kentucky , and Washington , D.C. They celebrated the 400th Anniversary of the British settlement since 1607, when the first English settlers arrived to the British Colonial fort, sited by Captain John Smith and "Matoakah" Pocahontas, Chief Powhatan's Native American Indian Princess, and African-American slaves in North America and Canada, during the 17th century.
An example of "common law" is the concept of "conversion" which defines an intentional tort to personal property (same as "chattel") where the wrongdoers' unjustified, willful interference with the "chattel" deprives the owner of the possession of such "chattel". The owner must have actual possession or immediate right to possession since the time of the wrongful misuse, alteration, or abuse occurred. Interference in common law "conversion" means the exercise of dominion over another's chattel. Intent to dispossess the owner of the chattel is not a required element of the claim. In other words, intentional removal of another's chattel under the mistaken belief that it belongs to the wrongdoer, does not relieve the wrongdoer of liability under conversion.
Stealing something from someone else is one form of conversion. However, conversion is not limited to theft. Conversion can also be accomplished by moving, transferring, discarding, hiding, vandalizing or destroying another person's chattel. Merely using another person's chattel can be grounds for conversion in certain cases.
Legal remedy for conversion is usually in the form of damages restitution equal to the fair market value of the chattel at the time of conversion.
Conversion is an interference with another's ownership of property. It is a general intent tor, not a specific intent tort. That means that the intent to take or otherwise deal with the property is enough to support the claim. The standard remedy and relief for conversion is a judgement for damages in an amount equal to the fair market value of the property. Punitive damages are also possible to be assessed because conversion is an intentional tort. For the last seventeen (17) years, the Village of Lombard has been trespassing and interfering with the Hung Family real estate property by damaging, stealing, and cheating from the Hung Family in order to appropriate their assets in DuPage County, Illinois, USA.
Part II: Intentional tort--Conversion and trespass as “action in trover”
An intentional tort arises from deliberate invasion of another person’s rights, causing injury without just cause or excuse. For instance, the new neighbor drives backward into the owner’s fence posts between the adjoining driveway and damages the existing fence on the first moving day into their new home. The owner of the damaged fence posts can sue the new neighbor for repeatedly driving into the owner’s fence posts with a van, a lawnmower, or deliberate carelessness.
Intentional torts include interference with a person’s freedom of movement, defamation of character (libel and slander), invasion of privacy, interference with property rights, misuse of the legal process, fraud, and the intentional infliction of emotional distress.
Trespass is a tort, a civil wrong because it interferes with a person’s property rights. For instance, the new neighbor’s son jumps the fence adjoining the owner’s property repeatedly without permission. Or, the Lombard Police Department in Du Page County, Illinois allows intruders, strangers, terrorists, and criminal repeat offenders to jump the owner’s fence into the backyard, under approval of the Village of Lombard, Town Hall staff, and the Village Manager, Bill Lichter, President Bill Mueller, including Trustee for District 5 Ken Florey, and others, without the authorization of the Hung Family as owners of the real estate property.
Common law “tort” action features unreasonable interference with the interests of another. For instance, intentional infliction of emotional distress is a tort. Case-in-point, John Carpenter, the neighbor calls the Lombard Police Department on the Hung Family when the daughter arrives one evening, last summer 2006, and walks into the backyard—there was nothing wrong in the backyard, at the house, or with the daughter of the late Mr. Roberto Hung, J.D.
An injured person may sue anyone who commits a tort against him/her to collect damages—money to compensate for the wrong.
Trespass is an unlawful intrusion that interferes with someone else’s possession of property. A trespass gives the property owner the right to bring a civil lawsuit and collect money damages for the interference and for any harm caused. Some states in the U.S.A. have laws that make trespass a crime and prosecute illicit access entry into property with punitive fines, sanctions, and imprisonment. Generally, a trespass is committed on real property (real estate or land and everything that is attached to it), but a trespass can also be to personal property (all other forms of property) as well.
Criminal trespass is accomplished by violence or tends to be a “breach of peace”. Some statutes consider any unlawful entry on another person’s real estate property as a criminal act. When the trespass involves violence or injury to a person or property, it is always considered criminal, and penalties may be increased for more serious or malicious acts. Criminal trespass is prosecuted in the State of Illinois by punitive fines, sanctions or imprisonment or both.
The standard remedy in an action for trespass to chattels is a judgment for an amount equal to the value of loss or use of the property. Damages from a trespass claim are based on the harm caused to the owner’s property, rather than the general value of the chattel. Under common law, many acts can constitute both “conversion” and “trespass” as “action in trover”.
Conversion as an “action in trover” under English common law is an ancient, historical form of legal action to recover possession of personal property, and its practice to settle disputes, contests, and arguments, has developed our modern sense and interpretation in the application of common law in the 21st century and beyond.
Action in trover is the technical name for a lawsuit to recover damages incurred for a wrongdoer’s “conversion” (wrongful taking, misuse, abuse, alteration or destruction) of personal property belonging to someone else. In trover actions, the measure of damages is normally in proportion to the value of the property at the time of conversion.
Legal “action in trover” is a remedy for conversion or the wrongful appropriation of the owner’s personal property. During the course of the 16th century, “action in trover” developed as a special form of legal action in a case.
Trover damages are measured in proportion to the market value of the property, plus compensation for deprivation of use, and compensation for other losses naturally and proximately caused by the wrongful taking of another’s property. The owner can also recover interest that would have been earned by the money value of the object and any expenses incurred in attempting to recover the property.
Another example of common law is “negligence per se”, that is to say behavioral conduct which is evidence of an unreasonable action (or failure to act) that causes injury to a person or damages to his/her property. Negligence per se, as carelessness in itself, is behavior that falls below the standards set by law for protecting others against risk or harm. As a result of “negligence per se”, anyone who is injured, or whose property is damaged because of someone else’s negligent act or failure to act, is entitled to bring a civil lawsuit against the wrongdoer, for an “action in trover”.
In itself, negligence is a state of mind involving carelessness, forgetfulness, inattentiveness, refusal to perform duties and obligations required by law and professional standards.
In negligence law, a person has an obligation and duty to exercise reasonable care for the physical safety and for the property of others people.
Negligence per se involves “misfeasance” which is to say, the improper doing of an act, and “nonfeasance”, that is to say, the failure to perform the required duty. In cases involving “imputed negligence”, the first person in charge may have a duty to see that the second person in force exercises care in regard to any third party or property. Thus, “imputed negligence” falls upon the first person when the second person fails to perform the duty of care for the third person, “vicariously”. In the same way, “respondeat superior”, in Latin, illustrates a principle of law that holds an employer liable and responsible for anything that an employee does during the course of employment. Case-in-point, the Village of Lombard is responsible for all its employees’ actions and non-actions, at all times.
When a person suffers harm because of someone else’s negligence, the same person can sue the negligent person and make him or her pay for the harm, damages and/or losses caused. Given that the negligent person owed the injured party a duty to use care; that he/she violated that duty by failing to act according to the required standard of care; and that the party incurred injury or that property was damaged as the result of the negligent person.
In the doctrine of “negligence per se”, the violations of statutes by the negligent person creates a case for legal action in itself, by default. In order for this doctrine (of negligence per se) to operate, the statute which has been violated must have been designed to prevent the type of injury or damaged suffered by a victim of crime, abused by another person due to “negligence per se”.
Case-in-point, in the legal action for Village of Lombard v. Hung, et al., the Plaintiff is subject to “negligence per se” for the violations of Illinois statutes pursuant to consumer service fraud, breach of the Fair Housing agreement contract, and Lombard real estate liability for the sale of old houses in Du Page County, Illinois, USA.
Since 1993, in the Village of Lombard, the Hung Family real estate property and all family members, have all been injured, disabled, and damaged due to the Village of Lombard’s failure to provide the duty of care, according to the required standard of care; and the Hung Family members and real estate property have all been victims of crime as a result of “negligence per se” by default in the Village of Lombard, Du Page County, Illinois, USA.
English common law is based on legal court precedents. Each legal cause of action is decided by a judge to establish a precedent which may be used as a guide for other judges to make subsequent decisions. Thus common law is active, dynamic, functional, and constantly evolving in time, upon legal precedents.
Traditionally, English common law was unwritten, “lex non scripta”—not written as a body of law; however, nowadays, there are extensive, historical, and contemporary compilations of the English common law for the 21st century and beyond.
Common law follows natural reason, logic, and man’s sense of justice, equity, and fairness. It is adopted by men and women to regulate legal behavior in social settings, disputes, contests, and arguments. Common law action is a civil lawsuit between opposing parties over a real legal issue in which the relief (help) requested as remedy is generally money granted as an award for damages.
Common law developed after the French Norman Conquest in 1066 A.D. as the law common to the whole of England, rather than the local law used by the Saxons, the Angles, the Jutes, and the Celts. As the court system became established later under King Henry II, and judges decisions became recorded in law reports, the doctrine of precedents developed[1].
Historically, common law is a system of laws that prevails in England and in all countries colonized by Great Britain and the British Commonwealth. The concept of “common law” is derived from the medieval theory that the law is administered by the King’s Court which represented “the custom commonly used throughout the realm”, in contrast to the custom of local jurisdiction that was applied in local or manorial courts. According to Sir John Davies (1`569-1626), “it was nothing else but the Common Custome of the Realm” quoted in Preface to Reports, (1612). Later, Sir John Fortescue declared that the “realm has been continuously ruled by the same customs as it is now”, as noted “In Praise of the Laws of England”, c. 1470, in the original title, “De Laudibus Legum Angliae” in which the English Chancellor of the High Court of England discussed royal and political control, “sovereignty”, in response to the problem of tyranny, as presented by St. Thomas Aquina and Ptolemy of Lucca. Thomas Aquina exposed the idea of “De Regimine Principum” among the highest goals of medieval political thought—Sir John Fortescue sustained that while England was a “dominium politicum regale”, France, its secular opponent, represented a simple “dominium regale”. As the most important exponent of English political thought in the 15th century, Sir John Fortescue expressed simply that in contract to France, in England, the King was subject to the same right that the monarch approved with the two Chambers of Parliament, whose consensus was also necessary in order to establish taxes (11)—Sir John Fortescue, “De Laudibus Legum Angliae” as “In Praise for the Laws of England”, Chapters IX and XVIII[2].
English common law developed from legal usage within three (3) English courts as follow: the King’s Bench, Exchequer, and the Court of Common Pleas. The King’s Bench originally litigated the crown’s business (including criminal matters and had jurisdiction to correct errors from other courts of record). The Exchequer of Pleas, involved primarily revenue matters. Then, in a narrower sense, the common law was the body of law administered in Westminster Hall by the twelve (12) judges of the three superior courts of law. These were the Common Pleas, whose position as the prime court of civil suits had been secured by the Magna Carta (1215) and which continued to attract most civil litigation until the 18th century. The common law administered in these three (3) courts contrasted with “equity” as practiced primarily in the Court of Chancery. The Court of Chancery was originally designated as a “Court of Conscience”, concerned with securing justice in individual cases, rather than following strict rules[3].
In “Roots,” the role of the sheriff is presented as “the oldest continuing, non-military, law enforcement entity in the history of England”. In the 9th century, “shires” were municipal and administrative kingdoms divided by the King of England and assigned to trusted representatives. The shire representative appointed by the King protected his interest and the people of his particular land territory. In medieval English, the appointed trustees were called “reeves” as “guardians of the shire”. Historical usage of the words “shire-reeve” together, derived the contemporary term for the concept of “sheriff”, as we know their office of service today, before and after the French Norman invasion of England in 1066 A.D. In the past, the sheriff was responsible for keeping the peace, collecting taxes, maintaining jails, arresting fugitives, maintaining lists of wanted criminals, serving orders and writs for the King’s Court.
According to DeKalb County Sheriff Roger Scott, “the responsibilities of the office of the sheriff in England ebbed and flowed, depending on the mood and needs of kings and government”. The Magna Carta (1215) signed by King John restricted and circumscribed the responsibilities and duties of the sheriff in his times.
In the British Commonwealth, as well as in America, the concept of the sheriff has been adopted with the common law, through time, space, and physical presence. In the American colonies settled by the British since 1607 A.D., sheriffs were also appointed following the role model of English government. The first sheriff in the United States of America has been noted to be Captain William Stone, appointed in 1634 for the Shire of Northampton in the colony of Virginia. The first elected sheriff was William Waters in 1652 for the same shire. The word “shire” was used in many of the Commonwealth colonies, before the word “county” replaced its usage[4].
Under English common law, notaries public also provide another timeless office of service for the legal court system and the community at large. Since the Roman Republic, in the past, notaries public have drawn important documents and records writing for business and employment. During the times of the Roman Empire, notaries public were known under various titles in Latin, such as “scriba”, “cursor”, tabularius”, “tabelio”, “exceptor”, “actuaries”, and “notarius”, according to the historical times in which they lived and the duties performed. Notaries public are subject to regulation by law since the later days in Ancient Rome. Some of the notarial acts have been granted degrees of authenticity to be designated as public instruments and were required to be kept as records to be deposited in public archives for the government[5].
Notaries public are commissioned by the State of Illinois, Office of the Secretary of State Jesse White. Their term of office is four (4) years from the time of commission.
Throughout history, in the early past, notaries public were well known functionaries during the times of the great Charlemagne who vested notarial acts by scribes with public authority and provided notaries public appointments by his deputies in every locality in their territories. Charlemagne provided that each bishop, abbot, and count should have a notary public.
In England, appointed notaries public acted as “conveyancers”, before the French Norman Conquest in 1066 A.D., as shown by the fact that a grant of lands and manors was made by King Edward the Confessor, to the Abbot of Westminster by a charter written and attested by a notary public. In Great Britain, notaries public are authorized to administer oaths, and this official power is vested by statute.
The laws of the United States of America, under the Constitution and under God is similar, for notaries public and is often declared by the statutes of the various states and other jurisdictions.
It is my opinion that common law is established in the history of languages with the legal tradition of the past, interpreted in the present as precedents, to be preset in the future and beyond…the 21st century.
English common law is based on timeless, immemorial customs and legal practices founded on natural reason, persuasion, and logic. According to Edward Coke, “reason is the life of the law, nay, the common law itself is nothing else but reason”—from the First Part of the Institutes of the Laws of England or A Commentary upon Littleton by Edward Coke. Edited by Francis Hargrave and Charles Butler, (London, 1794).
Common law, within the context of its core principles, is perceived to be “timeless”. It is derived from legal authority “throughout the kingdom” as stated by Sir William Blackstone (1723-1780), in his Commentaries on the Laws of England, (1765-1769).
After the Civil War, U.S. Supreme Court Chief Justice Oliver Wendell Holmes wrote a book called, “The Common Law” (1881), in order to recognize that law evolved and that it was a byproduct/ consequence of historical events, rather than simply the result of reason. According to Oliver Wendell Holmes, “a moment’s insight is a life’s experience”. Holmes’ book “The Common Law” focuses on experience rather than logic and has been compared as a legal analog to Charles Darwin’s “Origin of the Species” which discusses biological processes, rather than divine ones. Oliver Wendell Holmes helped to popularize the understanding that law evolves…through time, space, physical presence, and beyond the 21st century.
After the Second World War, there was a growing interest in the use of the common law as a tool for social reform. While some academics spoke of the legal process—the belief that there were methods of common law and statutory interpretation that were independent of politics existed—other academics and jurists on both ends of the political spectrum urged judges to use their common law power to remake the law on its foundations. Where once judges had wielded the law to limit corporate liability, some began to expand “tort” law to facilitate recovery of damages and losses for injured parties in hazardous conditions, as victims of crime, to dangerous drugs to professional malpractice.
Now in the 21st century, Modern America continues to practice “common law” as a byproduct of generations of judicial decisions and during the course of time and beyond. Common law is understood to be the result of judge-made innovations, interpretation, application, and perception of the circumstances involved in judicial case review. However, a more conservative conception of the common law has been re-emerging in the U.S. Supreme Court under Chief Justice John G. Roberts and fellow jurists, scholars, and colleagues during 2007. During the first term of office appointed by President George W. Bush, Chief Justice John G. Roberts moved the U.S. Supreme Court toward a new conservative direction within the context of President Bush’s “faith-based initiative”.[6]
Since 1607, and for the last 400 years, judges still grapple and deliberate with new legal actions and struggle to apply precedents. Modern day judges are still using, applying, and interpreting the English common law system to date as a legal foundation to establish law practices for justice, equity, and fairness under the Constitution of the United States, and under God, throughout the 21st century and beyond…in the spirit of the times. Zeitgeist!
Sources:
From the Law Library of my father, Mr. Roberto Hung, J.D.
You and the Law. A Practical Guide to Everyday Law and How It Affects You and Your Family. Advisory Editor Henry V. Poor, Associate Dean of Yale University Law School, 1967-1972. Reader's Digest Association, Inc., New York, 1971.
Family Legal Guide. A Complete Encyclopedia of Law for the Layman. Reader's Digest Association, New York, 1971.
Periodical, 'The Week', May 18, 2007 on the “400th Anniversary of Jamestowne, Virginia”.
Periodical,” The Week”. July 6-13, 2007. News. Main Stories. “The Roberts Court Chars a new direction”.
Periodical, 'Newsweek'. Ideas, 'Ties of Blood and History: Sir Winston Churchill', February 26, 2007.
McCrum, Robert et al. The Story of English. BBC Public Television Series.
The Illinois Sheriff, Spring 2005. 'Roots. A Historical Perspective of the Office of the Sheriff'. DeKalb County Sheriff Roger Scott.
Fortescue, John (1394-1477). De Laudibus Legum Angliae. In Praise of the Laws of England.
http://www.answers.com/topic/commonlaw
John Marshal School of Law in Chicago, Illinois, USA.
Canada's Court System, Department of Justice Publication.
American Heritage Dictionary.
Village of Lombard, et al. vs. Hung et al., Eighteenth Judicial Circuit Court, Chancery Division, 505 North County Farm Road, Wheaton, IL 60187, County of Du Page, State of Illinois, United States of America.
Churchill, Winston. A History of the English-Speaking Peoples.
Roberts, Andrew. A History of the English-Speaking Peoples since 1901.
QPB Dictionary of Ideas. Quality Paperback Book Club. (New York: Helicon Publishing Ltd., 1995 in the United Kingdom under the title The Hutchinson Dictionary of Ideas), page 108, Common Law.
Cambridge text in the History of Political Thought, CUP, 1997. Law: Sovereignty in the British Doctrine (From Bracton to Dicey). Notes by Joaquin Varela Suanzes in http://www.murdoch.edu.au/elaw/issues/v6n3/suanzes63_ notes.html
Fortescue, John. The Governance of England: Otherwise called the Difference between an Absolute and Limited Monarchy. Editor Charles Plummer. London: Oxford University Press, 1885. Reprinted 1999 by the Law Book Exchange, Ltd.
Anderson’s Manual for Notaries Public. Fifth Edition. Gilmer, Wesley, Jr., B.A., M.S.L.S., J.D. W.H. Anderson Company. Cincinnati, 1966.
Richard, Tom, PhD. Professor Emeritus of Linguistics, University of Wisconsin, USA.
Hung, Gardenia C., M.A., B.A., Communications, Languages & Culture, Inc., 502 S. Westmore-Meyers Road, Lombard IL 60148-3028 USA. Email: GardHn@netscape.net
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[1] QPB Dictionary of Ideas. Quality Paperback Book Club. (New York: Helicon Publishing Ltd., 1995 in the United Kingdom under the title The Hutchinson Dictionary of Ideas), page 108, Common Law.
[2] Cambridge text in the History of Political Thought, CUP, 1997. Law: Sovereignty in the British Doctrine (From Bracton to Dicey). Notes by Joaquin Varela Suanzes in http://www.murdoch.edu.au/elaw/issues/v6n3/suanzes63_ notes.html
Fortescue, John. The Governance of England: Otherwise called the Difference between an Absolute and Limited Monarchy. Editor Charles Plummer. London: Oxford University Press, 1885. Reprinted 1999 by the Law Book Exchange, Ltd.
[3] http://www.answers.com/commonlaw
[4] The Illinois Sheriff. Spring 2005. A magazine published by the Illinois Sheriff Association. “Roots. A Historical Perspective of the Office of the Sheriff”. By DeKalb County Sheriff Roger Scott. Pages 6-7.
[5] Anderson’s Manual for Notaries Public. Fifth Edition. Gilmer, Wesley, Jr., B.A., M.S.L.S., J.D. W.H. Anderson Company. Cincinnati, 1966. Chapter 1, Page 2.
[6] The Week. July 6-13, 2007. News. Main Stories. “The Roberts Court Charts a new direction”.
Posted by Gardenia C. Hung, M.A. at 7:58 AM 0 comments
Labels: Common Law Conversion and Trespass, Consumer Service Fraud, Entrapment, Intentional Tort, Negligence Per Se, Police Corruption, Vicarious Criminal Acts by the Lombard Police Department
Sources:
From the Law Library of my father, Mr. Roberto Hung, J.D.
You and the Law. A Practical Guide to Everyday Law and How It Affects You and Your Family. Advisory Editor Henry V. Poor, Associate Dean of Yale University Law School, 1967-1972. Reader's Digest Association, Inc., New York , 1971.
Family Legal Guide. A Complete Encyclopedia of Law for the Layman. Reader's Digest Association, New York , 1971.
Periodical, "The Week", May 18, 2007 on the “400th Anniversary of Jamestowne , Virginia ”.
Periodical, "Newsweek". Ideas, "Ties of Blood and History: Sir Winston Churchill", February 26, 2007.
McCrum, Robert et al. The Story of English. BBC Public Television Series.
The Illinois Sheriff, Spring 2005. "Roots. A Historical Perspective of the Office of the Sheriff". DeKalb County Sheriff Roger Scott.
Fortescue, John (1394-1477). De Laudibus Legum Angliae. In Praise of the Laws of England .
http://www.answers.com/topic/commonlaw
Canada's Court System, Department of Justice Publication.
American Heritage Dictionary.
Village of Lombard, et al. vs. Hung et al., Eighteenth Judicial Circuit Court, 505 North County Farm Road, Wheaton, IL 60187, County of Du Page, State of Illinois, United States of America.
Churchill, Winston. A History of the English-Speaking Peoples.
Roberts, Andrew. A History of the English-Speaking Peoples since 1901.
Richard, Tom PhD. Professor Emeritus of Linguistics, University of Wisconsin , USA .
Hung, Gardenia C., M.A., B.A. Communications, Languages & Culture, Inc., 502 S. Westmore-Meyers Road , Lombard IL 60148-3028 USA . Email: GardHn@netscape.net
Author tags:illinois usa, dupage county, village of lombard v. hung, law, open call, legal, common law
Tuesday, March 2, 2010
Timeless for a Vintage Year: 1927, Modern Times
From the 19th century to the 20th and 21st century
1927 was a vintage year for memorable, auspicious events and dates to remember…
The year 1927 coincides with the construction of the Lombard Brick Bungalow at 502 S. Westmore Avenue and Washington Blvd. , in time for the Lilac Festival at Lilacia Park in the Village of Lombard , Du Page County, Illinois, USA. During 1927, Lombard lived through a building contracts boom for community development, expansion and growth.
In 1927, “the Grandaddies Sol Kogen and Edgar Miller in Old Town Chicago, renewed their friendship from the School of the Art Institute and joined efforts in rehabbing old buildings with recyclable materials, to be used as studios”—according to Dennis Rodkin, Chicago Reader, in the Nest Issue, “ Chicago architecture was booming in 1927.” The original Carl Street Studios were erected in 1927 and bears Sol Kogen’s name at 155 W. Carl Street , know today as Burton Place in Chicago, Illinois.[1]
Eighty-one years ago establishes a milestone for the Modernist style of architecture featuring Art Deco, Nouveau Art, stained glass windows, glass etchings, beveled and leaded glass, in the Italianate style, as well as mosaics, frescoes, and architectural interior designs.
1927 marks the year when the Academy of Motion Picture Arts and Sciences was founded.
The telegraph and the telephone were used for “speedy communications”.[2]
During March 19, 1927, the Village of Lombard issued new building permits in demand for the great expansion and growth of Babcock’s Grove, since 1833, when Ralph and Morgan Babcock traveled west of Chicago to secure land for the Church Deacon, Winslow Churchill and his family, in Du Page County, Illinois, USA.[3]
In 1869, Babcock’s Grove was incorporated when Josiah P. Lombard, one of the village’s main landowners, lent his name to the new municipality, known today as the Village of Lombard , according to town historian Jean Van Rensselar.
At the turn-of-the-century, the Lombard Historic Brick Bungalow at 502 S. Westmore Avenue and Washington Blvd. was owned by the Ahrens Family as a subdivision of part of the block “A” in Robertson’s Westmore, according to the Plat recorded June 1st, 1922 by the Du Page County Recorder of Deeds Office. Both Mary Ahrens and Emil Ahrens lived at this Lombard Historic Brick home during 1929 and 1930, according to property records.
Warranty Deed in Trust, R75-64744[4], Recorded in Du Page County , 1975 Nov 20 PM12:30
This indenture witnesseth, that the Grantor Lucille Hornbeck, a.k.a. Lucille A. Hornbeck, a widow and not since remarried, of the County of Du Page and State of Illinois for and in consideration of the sum of Ten and 0/100 dollars, $10.00, in hand paid, and of other good and valuable considerations, receipt of which, hereby, is duly acknowledged to Convey and Warrant unto La Grange State Bank, a banking corporation duly organized and existing under the laws of the State of Illinois, s Trustee under the provisions of a certain Trust agreement, dated the 8th day of November 1975 and known as Trust Number 2834, the following described real estate in the County of Du Page and State of Illinois, to wit:
Parcel 1: Lot eighty (80) in Robertson’s Westmore, a subdivision of part of the West half of the South West quarter of Section nine (9), Township thirty-nine (30) North, Range eleven (11) East of the Third Principal Meridian, lying South of the right of way line of the Chicago Aurora and Elgin Railroad Company, according to the Plat thereof recorded June 1st 1922, as document 15681, in Du Page County, Illinois.
Parcel 2: Lot A in Washington Manor being a Subdivision of part of Block “A” in Robertson’s Westmore, a Subdivision of that part of the West half of the Southwest quarter, lying South of the right of way of the Chicago Aurora and Elgin Railroad, of Section 9, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said Washington Manor recorded February 17, 1959 as document 912579, and Certificate recorded on April 20, 1959, as Document 919712, in Du Page County, Illinois.
Former Grantors:
Mary Ahrens, 3/27/1929, Books 231/364
Emil Ahrens, 6/16/1930, Books 248-539
Dorothy Elguth, 5/19/1934, Books 293-352
Richard Ahrens, 5/14/1947, Books 371-206
Henry A. Hornbeck, 1947
George P. Hornbeck
Lucille A. Hornbeck, 11/20/1975
Marie C. LiPuma, 10/30/1984
Debra Sekrecki,
Roberto Hung, 9/2/1996
Gardenia C. Hung/Robert S. Hung, 1998-present
_________________________________________________________________________
During 1922, when the Ahrens recorded this property deed: a building ordinance was passed in the Village of Lombard , the superintendent of construction was appointed, and the Lombard village board studied zoning ordinance. There were 2,200 acres in Du Page County, subdivided into residential lots—old farms were being subdivided. According to the late Mrs. Steben, my elderly next-door neighbor, “the area was old farm land with horse stables, surrounded by corn fields”.
More petitions for new subdivisions were presented in 1922. At the time, the Lombard trustees forecasted the expansion and uncontrolled growth. There were dirt roads and muddy paths—“some sections were inundated by spring rains”. According to Lillian Budd, Lombard historian, The Lombard News summarized, “…clamoring for water in pipes, while at the same time battling water not in pipes.”[5] Some property owners laid water mains at their own expense, then asked permission to connect with the village water system. The Village of Lombard planned street paving afterwards in 1922.
During March 19, 1927, the Village of Lombard issued new building permits. By June 1927, eight (8) more building permits were issued. At the time, property values in Lombard increased—“one vacant lot more than tripled in value, within one year”.[6]
Colonel William R. Plum, died on April 28, 1927, during Lilac Time. Upon his death, the Estate of Colonel Plum and his wife, Helen M. Plum was bequeathed to the Village of Lombard , for a public park, known today as Lilacia Park , in 2008. The Lombard Park District was established on September 26, 1927 in Du Page County, Illinois, USA[7].
Eighty-six years later, there are still Lombard resident senior citizens living today to celebrate their anniversaries in Lilac Town . Last Friday, August 29, 2008, the Lombard Spectator reported that there is still a need for water main construction on Meyers Road, between 22nd Street and 16th Street for the installation of a new water transmission main on Meyers Road at the York Center—to be completed in two (2) months, according to the Lombard Public Works Department, engineer Frank Kalisik.[8] The Lombard water transmission main is designed for a water booster station to process about 4,000 feet of water, locally. This is not a water main to the Lombard residents’ homes.
The Lombard Spectator was first published in 1927 by Frank T. Jirsa, Jr. On June 16, 1927, the Lilac Town voice became “Devoted to the interests of Lombard—“a Village of Homes ”.[9] This local newspaper brought attention to Lilac Town as the Village of Lombard , founded in 1869.
According to Lombard history[10], the Ahrens Family can be traced back to the German Lutheran brothers Ehler and Friedrich Ahrens, who helped to build Trinity Lutheran Church School , “schulgemeinde”, on Roosevelt Road and Wisconsin street , York Center . On June 15, 1868, the Ahrens brothers joined Jobst Goltermann, Henry and Friedrich Goltermann, and Heinrich Meyer to provide for the Trinity Lutheran Church School and congregation at the York Center , in Babcock’s Grove, before the Village of Lombard was incorporated, in 1869. The original twelve (12) Lutherans who erected Trinity Lutheran Church at Roosevelt and Meyers Road were: three (3) Goltermann brothers, two (2) Ahrens brothers, Fr. Meyer, H. H. Hogrefe, J. Uhlhorn, W. Woltermann , D. Scharlau, F. Schumaker, and H. Niemann.
One hundred and forty years have passed now in 2008 since that fateful day. Now Trinity Lutheran Church and School celebrate the 140th anniversary of serving the Village of Lombard community and the Lutheran congregation at York Center , in Du Page County, Illinois, United States of America.
The Lombard Historic Brick Bungalow is Timeless for a Vintage Year: 1927, Modern Times, from the 19th Century and 20th Century To The 21st Century. This Lombard Historic Brick Bungalow has remained at the corner of Westmore Avenue and Washington Blvd. since the Ahrens Family built the Lombard property in 1927.
Two centuries later, on September 2nd, 1993, Mr. Roberto Hung, Sr. with his daughter and son-in-law purchased the Lombard Historic Brick Bungalow from Debra Y. Sekrecki, with an initial down payment of $2,000, as earnest money paid by personal check, added to the total cash payment of $88,000 at a fixed interest rate not to exceed 8.00% per year, amortized over a period of fifteen (15) years. At the time, Debra Y. Sekrecki had two (2) children, a boy and a girl, lived with Stella, the tenant upstairs, and father Adam Sekrecki.
Three months before, on July 11, 1993, Mr. Roberto Hung signed a Standard Residential Sales Contract from the Du Page Association of Realtors in agreement to purchase the Lombard real estate property at 502 S. Westmore Avenue in Lombard, Illinois 60148-3028 , owned by seller Debra Y. Sekrecki. The original closing date was scheduled on September 11, 1993. However, Roberto Hung was called by telephone to appear sooner on September 2nd, 1993, at 3:30 p.m., at the law office of Alan Dakoff, Telephone: 708-966-0488, located at 9291 North Maryland, in Niles, Illinois 60714 , U.S.A.
Century 21, Action Real Estate provided a Buyer Service Pledge presented by Steve Block, Telephone: 630-627-5500, and Dino, the real estate agent with Roberto Hung, who signed in agreement. Afterwards, Roberto Hung received a copy of Rider 412, Buyer’s Inspection which he signed as buyer with Debra Sekrecki, as seller.
In 1993, Century 21, Action Real Estate described in a listing the Highlights of the Lombard Historic Brick Bungalow at the corner of Westmore Avenue and Washington Blvd., owned by Debra Y. Sekrecki with tenant Stella. At the time, the Du Page County Real Estate Taxes were only $2,744 for the brick house. After Roberto Hung purchased the same Lombard Brick House, the Lombard property taxes doubled for more than $4,000, without providing the senior citizens Homestead Exemption.
This Lombard Brick Home is located near Westmore Elementary School and St. Pius X Church School, Jackson Middle School , and Willowbrook High School .
George Hornbeck’s Parcel No. 06-09-315038 is a subdivision, spacious 4-bedroom brick home with a second floor in-law or potential income arrangement. There are nine (9) room available with hardwood floors. Full finished basement. Front and rear enclosed porches for added living space. Fully fenced yard with a gas grill. There is a 2-car garage. Public transportation is available. This Lombard home is close to school and shopping, near the Eastgate Center and State of Illinois facilities for the Secretary of State Vehicle Licenses Center and the Illinois Employment and Training Center (I.E.T.C.).
Action Real Estate for Century 21 was serving Du Page and Cook counties at the Lombard Pines Shopping Center, 1125-J South Main Street, Lombard, Illinois 60148, in care of realtor Dino.
On September 2nd, 1996, Mr. Roberto Hung completed full cash payment of the Lombard Brick Home at Maple Park State Bank, witnessed by his daughter, Gardenia C. Hung, and the bank manager. Mr. Roberto Hung and his eldest daughter, married to Nathan S. Wittler, improved this Lombard Brick house by adding oak cabinets, an exterior halogen flood night light, (2) automatic garage door openers, changed all door locks, added gardening landscaping, apple trees orchard, and perennial flowers, and exotic plant species.
Specifications for the Lombard Historic Brick Bungalow:
Living Room: 25.4 X 11.10 sq. ft.
Dining Room: 13.1 X 13.2 sq. ft.
Kitchen: 11.6 X 10.8 sq. ft.
Master Bdrm: 11.10 X 10.6 sq. ft.
Bedroom: 11.5 X 10.6 sq. ft.
Bedroom: 11.3 X 10.0 sq. ft.
Bedroom: 15.8 X 10.0 sq. ft.
Living Room: 13.10 X 12.2 sq. ft.
Kitchen: 15 X 14 sq. ft.
Pantry: 6 X 4 sq. ft.
Utilities in the Basement. Basement Full Finished. Storage Rooms: 2. Closets: 10
--------------------------------------------------------------------------------
[1] Chicago Reader, Thursday, March 27, 2008, Volume 37, Number 27. The Nest Issue. “The Granddaddies Sol Kogen and Edgar Miller in Old Town ”, page 28. The Reader© 2008, CL Chicago, Inc.
[2] Footsteps on the Tall Grass Prairie. A History of Lombard, Illinois by Lillian Budd, page 97. Published for the Lombard Historical Society, as a 1976 American Revolution Centennial Project. First Edition. Copyright 1977 by the Lombard Historical Society.
[3] 1996 Lombard Community Directory. “Lombard: The Lilac Village ” by Jean Van Rensselar, page 2.
[4] Du Page County Recorder of Deeds, Fred Bucholz, Assisted by Jan, and Supervisor Leslie on Tuesday, June 19th, 2007, 11AM at the Jack T. Knuepfer Administration Building, 421 North County Farm Road, Wheaton, Illinois 60187-0936 USA. 2007 Real Estate Title Deed Research by Gardenia C. Hung, M.A., for Lombard Real Estate, 502 S. Westmore-Meyers Road and Washington Blvd., Lombard, Illinois, 60148-3028 USA. P.I.N. 06-09-315-038 on June 21st, 2007, 12PM.
[5] Footsteps on the Tall Grass Prairie. A History of Lombard, Illinois by Lillian Budd, page 175. Published for the Lombard Historical Society, as a 1976 American Revolution Centennial Project. First Edition. Copyright 1977 by the Lombard Historical Society.
[6] Ibid., page 196.
[7] Ibid., page 190-191.
[8] Lombard Spectator. “ Lombard : Meyers to be tied up with water main work”, page 10. Press Publications, Friday, August 29, 2008 LVP.
[9] Footsteps on the Tall Grass Prairie. A History of Lombard, Illinois by Lillian Budd, pages 195-6. Published for the Lombard Historical Society, as a 1976 American Revolution Bicentennial Project. First Edition. Copyright 1977 by the Lombard Historical Society.
[10] Footsteps on the Tall Grass Prairie. A History of Lombard, Illinois by Lillian Budd, page 120. Published for the Lombard Historical Society, as a 1976 American Revolution Bicentennial Project. First Edition. Copyright 1977 by the Lombard Historical Society.
Author tags:lombard, dupage county, illinois, 1927, historical, family
Your tags:lombard real estate property damages and losses to the hung family estate
1927 was a vintage year for memorable, auspicious events and dates to remember…
The year 1927 coincides with the construction of the Lombard Brick Bungalow at 502 S. Westmore Avenue and Washington Blvd. , in time for the Lilac Festival at Lilacia Park in the Village of Lombard , Du Page County, Illinois, USA. During 1927, Lombard lived through a building contracts boom for community development, expansion and growth.
In 1927, “the Grandaddies Sol Kogen and Edgar Miller in Old Town Chicago, renewed their friendship from the School of the Art Institute and joined efforts in rehabbing old buildings with recyclable materials, to be used as studios”—according to Dennis Rodkin, Chicago Reader, in the Nest Issue, “ Chicago architecture was booming in 1927.” The original Carl Street Studios were erected in 1927 and bears Sol Kogen’s name at 155 W. Carl Street , know today as Burton Place in Chicago, Illinois.[1]
Eighty-one years ago establishes a milestone for the Modernist style of architecture featuring Art Deco, Nouveau Art, stained glass windows, glass etchings, beveled and leaded glass, in the Italianate style, as well as mosaics, frescoes, and architectural interior designs.
1927 marks the year when the Academy of Motion Picture Arts and Sciences was founded.
The telegraph and the telephone were used for “speedy communications”.[2]
During March 19, 1927, the Village of Lombard issued new building permits in demand for the great expansion and growth of Babcock’s Grove, since 1833, when Ralph and Morgan Babcock traveled west of Chicago to secure land for the Church Deacon, Winslow Churchill and his family, in Du Page County, Illinois, USA.[3]
In 1869, Babcock’s Grove was incorporated when Josiah P. Lombard, one of the village’s main landowners, lent his name to the new municipality, known today as the Village of Lombard , according to town historian Jean Van Rensselar.
At the turn-of-the-century, the Lombard Historic Brick Bungalow at 502 S. Westmore Avenue and Washington Blvd. was owned by the Ahrens Family as a subdivision of part of the block “A” in Robertson’s Westmore, according to the Plat recorded June 1st, 1922 by the Du Page County Recorder of Deeds Office. Both Mary Ahrens and Emil Ahrens lived at this Lombard Historic Brick home during 1929 and 1930, according to property records.
Warranty Deed in Trust, R75-64744[4], Recorded in Du Page County , 1975 Nov 20 PM12:30
This indenture witnesseth, that the Grantor Lucille Hornbeck, a.k.a. Lucille A. Hornbeck, a widow and not since remarried, of the County of Du Page and State of Illinois for and in consideration of the sum of Ten and 0/100 dollars, $10.00, in hand paid, and of other good and valuable considerations, receipt of which, hereby, is duly acknowledged to Convey and Warrant unto La Grange State Bank, a banking corporation duly organized and existing under the laws of the State of Illinois, s Trustee under the provisions of a certain Trust agreement, dated the 8th day of November 1975 and known as Trust Number 2834, the following described real estate in the County of Du Page and State of Illinois, to wit:
Parcel 1: Lot eighty (80) in Robertson’s Westmore, a subdivision of part of the West half of the South West quarter of Section nine (9), Township thirty-nine (30) North, Range eleven (11) East of the Third Principal Meridian, lying South of the right of way line of the Chicago Aurora and Elgin Railroad Company, according to the Plat thereof recorded June 1st 1922, as document 15681, in Du Page County, Illinois.
Parcel 2: Lot A in Washington Manor being a Subdivision of part of Block “A” in Robertson’s Westmore, a Subdivision of that part of the West half of the Southwest quarter, lying South of the right of way of the Chicago Aurora and Elgin Railroad, of Section 9, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said Washington Manor recorded February 17, 1959 as document 912579, and Certificate recorded on April 20, 1959, as Document 919712, in Du Page County, Illinois.
Former Grantors:
Mary Ahrens, 3/27/1929, Books 231/364
Emil Ahrens, 6/16/1930, Books 248-539
Dorothy Elguth, 5/19/1934, Books 293-352
Richard Ahrens, 5/14/1947, Books 371-206
Henry A. Hornbeck, 1947
George P. Hornbeck
Lucille A. Hornbeck, 11/20/1975
Marie C. LiPuma, 10/30/1984
Debra Sekrecki,
Roberto Hung, 9/2/1996
Gardenia C. Hung/Robert S. Hung, 1998-present
_________________________________________________________________________
During 1922, when the Ahrens recorded this property deed: a building ordinance was passed in the Village of Lombard , the superintendent of construction was appointed, and the Lombard village board studied zoning ordinance. There were 2,200 acres in Du Page County, subdivided into residential lots—old farms were being subdivided. According to the late Mrs. Steben, my elderly next-door neighbor, “the area was old farm land with horse stables, surrounded by corn fields”.
More petitions for new subdivisions were presented in 1922. At the time, the Lombard trustees forecasted the expansion and uncontrolled growth. There were dirt roads and muddy paths—“some sections were inundated by spring rains”. According to Lillian Budd, Lombard historian, The Lombard News summarized, “…clamoring for water in pipes, while at the same time battling water not in pipes.”[5] Some property owners laid water mains at their own expense, then asked permission to connect with the village water system. The Village of Lombard planned street paving afterwards in 1922.
During March 19, 1927, the Village of Lombard issued new building permits. By June 1927, eight (8) more building permits were issued. At the time, property values in Lombard increased—“one vacant lot more than tripled in value, within one year”.[6]
Colonel William R. Plum, died on April 28, 1927, during Lilac Time. Upon his death, the Estate of Colonel Plum and his wife, Helen M. Plum was bequeathed to the Village of Lombard , for a public park, known today as Lilacia Park , in 2008. The Lombard Park District was established on September 26, 1927 in Du Page County, Illinois, USA[7].
Eighty-six years later, there are still Lombard resident senior citizens living today to celebrate their anniversaries in Lilac Town . Last Friday, August 29, 2008, the Lombard Spectator reported that there is still a need for water main construction on Meyers Road, between 22nd Street and 16th Street for the installation of a new water transmission main on Meyers Road at the York Center—to be completed in two (2) months, according to the Lombard Public Works Department, engineer Frank Kalisik.[8] The Lombard water transmission main is designed for a water booster station to process about 4,000 feet of water, locally. This is not a water main to the Lombard residents’ homes.
The Lombard Spectator was first published in 1927 by Frank T. Jirsa, Jr. On June 16, 1927, the Lilac Town voice became “Devoted to the interests of Lombard—“a Village of Homes ”.[9] This local newspaper brought attention to Lilac Town as the Village of Lombard , founded in 1869.
According to Lombard history[10], the Ahrens Family can be traced back to the German Lutheran brothers Ehler and Friedrich Ahrens, who helped to build Trinity Lutheran Church School , “schulgemeinde”, on Roosevelt Road and Wisconsin street , York Center . On June 15, 1868, the Ahrens brothers joined Jobst Goltermann, Henry and Friedrich Goltermann, and Heinrich Meyer to provide for the Trinity Lutheran Church School and congregation at the York Center , in Babcock’s Grove, before the Village of Lombard was incorporated, in 1869. The original twelve (12) Lutherans who erected Trinity Lutheran Church at Roosevelt and Meyers Road were: three (3) Goltermann brothers, two (2) Ahrens brothers, Fr. Meyer, H. H. Hogrefe, J. Uhlhorn, W. Woltermann , D. Scharlau, F. Schumaker, and H. Niemann.
One hundred and forty years have passed now in 2008 since that fateful day. Now Trinity Lutheran Church and School celebrate the 140th anniversary of serving the Village of Lombard community and the Lutheran congregation at York Center , in Du Page County, Illinois, United States of America.
The Lombard Historic Brick Bungalow is Timeless for a Vintage Year: 1927, Modern Times, from the 19th Century and 20th Century To The 21st Century. This Lombard Historic Brick Bungalow has remained at the corner of Westmore Avenue and Washington Blvd. since the Ahrens Family built the Lombard property in 1927.
Two centuries later, on September 2nd, 1993, Mr. Roberto Hung, Sr. with his daughter and son-in-law purchased the Lombard Historic Brick Bungalow from Debra Y. Sekrecki, with an initial down payment of $2,000, as earnest money paid by personal check, added to the total cash payment of $88,000 at a fixed interest rate not to exceed 8.00% per year, amortized over a period of fifteen (15) years. At the time, Debra Y. Sekrecki had two (2) children, a boy and a girl, lived with Stella, the tenant upstairs, and father Adam Sekrecki.
Three months before, on July 11, 1993, Mr. Roberto Hung signed a Standard Residential Sales Contract from the Du Page Association of Realtors in agreement to purchase the Lombard real estate property at 502 S. Westmore Avenue in Lombard, Illinois 60148-3028 , owned by seller Debra Y. Sekrecki. The original closing date was scheduled on September 11, 1993. However, Roberto Hung was called by telephone to appear sooner on September 2nd, 1993, at 3:30 p.m., at the law office of Alan Dakoff, Telephone: 708-966-0488, located at 9291 North Maryland, in Niles, Illinois 60714 , U.S.A.
Century 21, Action Real Estate provided a Buyer Service Pledge presented by Steve Block, Telephone: 630-627-5500, and Dino, the real estate agent with Roberto Hung, who signed in agreement. Afterwards, Roberto Hung received a copy of Rider 412, Buyer’s Inspection which he signed as buyer with Debra Sekrecki, as seller.
In 1993, Century 21, Action Real Estate described in a listing the Highlights of the Lombard Historic Brick Bungalow at the corner of Westmore Avenue and Washington Blvd., owned by Debra Y. Sekrecki with tenant Stella. At the time, the Du Page County Real Estate Taxes were only $2,744 for the brick house. After Roberto Hung purchased the same Lombard Brick House, the Lombard property taxes doubled for more than $4,000, without providing the senior citizens Homestead Exemption.
This Lombard Brick Home is located near Westmore Elementary School and St. Pius X Church School, Jackson Middle School , and Willowbrook High School .
George Hornbeck’s Parcel No. 06-09-315038 is a subdivision, spacious 4-bedroom brick home with a second floor in-law or potential income arrangement. There are nine (9) room available with hardwood floors. Full finished basement. Front and rear enclosed porches for added living space. Fully fenced yard with a gas grill. There is a 2-car garage. Public transportation is available. This Lombard home is close to school and shopping, near the Eastgate Center and State of Illinois facilities for the Secretary of State Vehicle Licenses Center and the Illinois Employment and Training Center (I.E.T.C.).
Action Real Estate for Century 21 was serving Du Page and Cook counties at the Lombard Pines Shopping Center, 1125-J South Main Street, Lombard, Illinois 60148, in care of realtor Dino.
On September 2nd, 1996, Mr. Roberto Hung completed full cash payment of the Lombard Brick Home at Maple Park State Bank, witnessed by his daughter, Gardenia C. Hung, and the bank manager. Mr. Roberto Hung and his eldest daughter, married to Nathan S. Wittler, improved this Lombard Brick house by adding oak cabinets, an exterior halogen flood night light, (2) automatic garage door openers, changed all door locks, added gardening landscaping, apple trees orchard, and perennial flowers, and exotic plant species.
Specifications for the Lombard Historic Brick Bungalow:
Living Room: 25.4 X 11.10 sq. ft.
Dining Room: 13.1 X 13.2 sq. ft.
Kitchen: 11.6 X 10.8 sq. ft.
Master Bdrm: 11.10 X 10.6 sq. ft.
Bedroom: 11.5 X 10.6 sq. ft.
Bedroom: 11.3 X 10.0 sq. ft.
Bedroom: 15.8 X 10.0 sq. ft.
Living Room: 13.10 X 12.2 sq. ft.
Kitchen: 15 X 14 sq. ft.
Pantry: 6 X 4 sq. ft.
Utilities in the Basement. Basement Full Finished. Storage Rooms: 2. Closets: 10
--------------------------------------------------------------------------------
[1] Chicago Reader, Thursday, March 27, 2008, Volume 37, Number 27. The Nest Issue. “The Granddaddies Sol Kogen and Edgar Miller in Old Town ”, page 28. The Reader© 2008, CL Chicago, Inc.
[2] Footsteps on the Tall Grass Prairie. A History of Lombard, Illinois by Lillian Budd, page 97. Published for the Lombard Historical Society, as a 1976 American Revolution Centennial Project. First Edition. Copyright 1977 by the Lombard Historical Society.
[3] 1996 Lombard Community Directory. “Lombard: The Lilac Village ” by Jean Van Rensselar, page 2.
[4] Du Page County Recorder of Deeds, Fred Bucholz, Assisted by Jan, and Supervisor Leslie on Tuesday, June 19th, 2007, 11AM at the Jack T. Knuepfer Administration Building, 421 North County Farm Road, Wheaton, Illinois 60187-0936 USA. 2007 Real Estate Title Deed Research by Gardenia C. Hung, M.A., for Lombard Real Estate, 502 S. Westmore-Meyers Road and Washington Blvd., Lombard, Illinois, 60148-3028 USA. P.I.N. 06-09-315-038 on June 21st, 2007, 12PM.
[5] Footsteps on the Tall Grass Prairie. A History of Lombard, Illinois by Lillian Budd, page 175. Published for the Lombard Historical Society, as a 1976 American Revolution Centennial Project. First Edition. Copyright 1977 by the Lombard Historical Society.
[6] Ibid., page 196.
[7] Ibid., page 190-191.
[8] Lombard Spectator. “ Lombard : Meyers to be tied up with water main work”, page 10. Press Publications, Friday, August 29, 2008 LVP.
[9] Footsteps on the Tall Grass Prairie. A History of Lombard, Illinois by Lillian Budd, pages 195-6. Published for the Lombard Historical Society, as a 1976 American Revolution Bicentennial Project. First Edition. Copyright 1977 by the Lombard Historical Society.
[10] Footsteps on the Tall Grass Prairie. A History of Lombard, Illinois by Lillian Budd, page 120. Published for the Lombard Historical Society, as a 1976 American Revolution Bicentennial Project. First Edition. Copyright 1977 by the Lombard Historical Society.
Author tags:lombard, dupage county, illinois, 1927, historical, family
Your tags:lombard real estate property damages and losses to the hung family estate
Friday, October 31, 2008
Abuse of Constitutional Rights, Human Rights, Homeownership Rights
Dear Friends, Colleagues, Associates, Family, and Others to whom it may concern:
Good Afternoon. My name is Gardenia C. Hung, Lombard resident homeowner, U.S. citizen, as well as Victim of Disaster, Crimes, and Domestic Violence in DuPage County, Illinois, USA. I am reporting abuse by the Village of Lombard to support discrimination in fair housing in the Village of Lombard and to document that that I have not received any of the civil court proceedings presented by Howard C. Jablecki on behalf of Keith Steiskal for the Village of Lombard Fire Department. Before Election Day, November 4, 2008, I am requesting your assistance to stop and to prevent the demolition of the Lombard real estate property at 502 S. Westmore-Meyers Road and Washington Blvd., in DuPage County, Illinois by Court Order of Judge Bonnie M. Wheaton, Chancery Division, Room 2007, DuPage Judicial Center, 505 North County Farm Road, Wheaton, Illinois 60187 and represented by Howard C. Jablecki and Keith Steiskal for the Village of Lombard.
Please note that the Village of Lombard has been trying to harm me and the Hung Family members as Lombard resident homeowners, taxpayers, and U.S. citizens with physical injury, abuse, home intrusions, roofing damages and losses, water damages, disrepair, and stealing by the Lombard Police Department and other intruders without authorization and permission from the Hung Family. These are all examples of violence, heinous hate crimes, and discrimination against myself and the Hung Family members on record for verification int he Village of Lombard, DuPage County, Illinois.
There are other forms of fair housing discrimination which I have reported to the Office of Housing and Urban Development and other government agencies. The Village of Lombard has been excluding the Hung Family from Lombard homeownership rights and abusing each of the Hung Family members at home with violence, crimes, and disasters arranged by the Lombard Police Department, the Carpenters, and other accomplices, on record.
There is evidence of grass burning of the side lawn, burn marks behind the front porch door, burnt bushes, plants, and other forms of heinous hate crimes, such as torn clothing, broken household items, dead aquarium fish by poison with Clorox and left dead floating in the aquarium for me to find, upon return from being out-of-town. Also roofing disaster damages and losses. Attached are photos as proof of discrimination and heinous hate crimes at 502 S. Westmore-Meyers Road, owned by the Hung Family, and arranged by the Village of Lombard Police Department and other accomplices in DuPage County, Illinois, USA.
Please note that Howard C. Jablecki representing the Village of Lombard, has not been providing Gardenia C. Hung copies of the court proceedings nor notifying her about Court Appearances within the legal 14 days allowed by law, in order to obtain an Order for Demolition of the Lombard real estate property owned by the Hung Family.
In addition, Gardenia C. Hung was told in person, instead of by legal notice, about an Emergency Court Meeting without legal Due Notice or Mail Notice for Monday, 27 October 2008, less than 14 days from the court date of appearance, on Tuesday, October 21, 2008, 9:30 AM. Received a Visit from Keith Steiskal, Bureau of Inspectional Services, Lombard Fire Department, 225 E. Wilson Avenue , Lombard , IL 60148 , Tel. (630) 620-5750. Gardenia C. Hung has not received any U.S. mail notice from the 18th Judicial Circuit Court, Judge Bonnie M. Wheaton, Room 2007, DuPage County Judicial Center , Illinois 60187 .
• Keith Steiskal mentions that there is the smell of wood-fire burning around the house and Gardenia C. Hung does not have any firewood burning stove at 502 S. Westmore-Meyers Road , Lombard , IL 60148-3028 .
• Keith Steiskal mentions that the Deed to my Lombard house is going to be transferred and Gardenia C. Hung has not received any legal notice or advise about the legal proceeding.
• Keith Steiskal mentions that the intent is to Demolish the Lombard Brick Bungalow, while Gardenia C. Hung has filed for a Lombard Building Permit to Restore and Preserve the Historic Brick Real Estate Property.
Let it be known that I have been complaining to prevent the demolition of my house on Election Day, Tuesday, November 4, 2008, by the Village of Lombard and Keith Steiskal, in order to stop the enforcement of the demolition of this Lombard real estate property owned by the Hung Family.
Please note that all these statements can be verified by law and are a reality for disrepair, damages, and losses, heinous hate crimes, and discrimination in fair housing, based on facts of evidence, abuse, and disasters arranged by the Lombard Police Department and other accomplices in DuPage County, Illinois, USA. For additional evidence please contact the State of Illinois Victims of Crime Division and the Office of the Attorney General. Attached are photos to show heinous hate crimes and discrimination on record to support fair housing discrimination practices in the Village of Lombard, DuPage County, Illinois, USA.
Sincerely,
Gardenia C. Hung, M.A.
502 S. Westmore-Meyers Road
Lombard, IL 60148-3028 USA
http://www.preservehistoricestate.zoomshare.com http://www.2008damagesandlossescausedbylombard.blogspot.com/
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: 29 October 2008
Signed by Gardenia C. Hung, M.A. (Reserved Signature)
502 S. Westmore-Meyers Road , Lombard , Illinois 60148-3028 , USA
Executed in the Village of Lombard , County of Du Page , in the State of Illinois , United States of America .
Good Afternoon. My name is Gardenia C. Hung, Lombard resident homeowner, U.S. citizen, as well as Victim of Disaster, Crimes, and Domestic Violence in DuPage County, Illinois, USA. I am reporting abuse by the Village of Lombard to support discrimination in fair housing in the Village of Lombard and to document that that I have not received any of the civil court proceedings presented by Howard C. Jablecki on behalf of Keith Steiskal for the Village of Lombard Fire Department. Before Election Day, November 4, 2008, I am requesting your assistance to stop and to prevent the demolition of the Lombard real estate property at 502 S. Westmore-Meyers Road and Washington Blvd., in DuPage County, Illinois by Court Order of Judge Bonnie M. Wheaton, Chancery Division, Room 2007, DuPage Judicial Center, 505 North County Farm Road, Wheaton, Illinois 60187 and represented by Howard C. Jablecki and Keith Steiskal for the Village of Lombard.
Please note that the Village of Lombard has been trying to harm me and the Hung Family members as Lombard resident homeowners, taxpayers, and U.S. citizens with physical injury, abuse, home intrusions, roofing damages and losses, water damages, disrepair, and stealing by the Lombard Police Department and other intruders without authorization and permission from the Hung Family. These are all examples of violence, heinous hate crimes, and discrimination against myself and the Hung Family members on record for verification int he Village of Lombard, DuPage County, Illinois.
There are other forms of fair housing discrimination which I have reported to the Office of Housing and Urban Development and other government agencies. The Village of Lombard has been excluding the Hung Family from Lombard homeownership rights and abusing each of the Hung Family members at home with violence, crimes, and disasters arranged by the Lombard Police Department, the Carpenters, and other accomplices, on record.
There is evidence of grass burning of the side lawn, burn marks behind the front porch door, burnt bushes, plants, and other forms of heinous hate crimes, such as torn clothing, broken household items, dead aquarium fish by poison with Clorox and left dead floating in the aquarium for me to find, upon return from being out-of-town. Also roofing disaster damages and losses. Attached are photos as proof of discrimination and heinous hate crimes at 502 S. Westmore-Meyers Road, owned by the Hung Family, and arranged by the Village of Lombard Police Department and other accomplices in DuPage County, Illinois, USA.
Please note that Howard C. Jablecki representing the Village of Lombard, has not been providing Gardenia C. Hung copies of the court proceedings nor notifying her about Court Appearances within the legal 14 days allowed by law, in order to obtain an Order for Demolition of the Lombard real estate property owned by the Hung Family.
In addition, Gardenia C. Hung was told in person, instead of by legal notice, about an Emergency Court Meeting without legal Due Notice or Mail Notice for Monday, 27 October 2008, less than 14 days from the court date of appearance, on Tuesday, October 21, 2008, 9:30 AM. Received a Visit from Keith Steiskal, Bureau of Inspectional Services, Lombard Fire Department, 225 E. Wilson Avenue , Lombard , IL 60148 , Tel. (630) 620-5750. Gardenia C. Hung has not received any U.S. mail notice from the 18th Judicial Circuit Court, Judge Bonnie M. Wheaton, Room 2007, DuPage County Judicial Center , Illinois 60187 .
• Keith Steiskal mentions that there is the smell of wood-fire burning around the house and Gardenia C. Hung does not have any firewood burning stove at 502 S. Westmore-Meyers Road , Lombard , IL 60148-3028 .
• Keith Steiskal mentions that the Deed to my Lombard house is going to be transferred and Gardenia C. Hung has not received any legal notice or advise about the legal proceeding.
• Keith Steiskal mentions that the intent is to Demolish the Lombard Brick Bungalow, while Gardenia C. Hung has filed for a Lombard Building Permit to Restore and Preserve the Historic Brick Real Estate Property.
Let it be known that I have been complaining to prevent the demolition of my house on Election Day, Tuesday, November 4, 2008, by the Village of Lombard and Keith Steiskal, in order to stop the enforcement of the demolition of this Lombard real estate property owned by the Hung Family.
Please note that all these statements can be verified by law and are a reality for disrepair, damages, and losses, heinous hate crimes, and discrimination in fair housing, based on facts of evidence, abuse, and disasters arranged by the Lombard Police Department and other accomplices in DuPage County, Illinois, USA. For additional evidence please contact the State of Illinois Victims of Crime Division and the Office of the Attorney General. Attached are photos to show heinous hate crimes and discrimination on record to support fair housing discrimination practices in the Village of Lombard, DuPage County, Illinois, USA.
Sincerely,
Gardenia C. Hung, M.A.
502 S. Westmore-Meyers Road
Lombard, IL 60148-3028 USA
http://www.preservehistoricestate.zoomshare.com http://www.2008damagesandlossescausedbylombard.blogspot.com/
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: 29 October 2008
Signed by Gardenia C. Hung, M.A. (Reserved Signature)
502 S. Westmore-Meyers Road , Lombard , Illinois 60148-3028 , USA
Executed in the Village of Lombard , County of Du Page , in the State of Illinois , United States of America .
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About Me
- Gardenia C. Hung, M.A.
- Lombard, DuPage County, Illinois, United States
- Lombard resident homeowner in DuPage County, Illinois USA