IN THE CIRCUIT COURT FOR THE EIGHTEENTH JUDICIAL CIRCUIT,
DUPAGE COUNTY, STATE OF ILLINOIS
THE VILLAGE OF LOMBARD, an Illinois Municipal Corporation,
Plaintiff,
vs.
GARDENIA C. HUNG AND ROBERT S. HUNG, as Trustees of the Trust Agreement Designated as the Roberto Hung Supplemental Care Trust, JEFFREY D. PAPENDICK, a tax purchaser, SCOTT PAPENDICK, UNKNOWN HEIRS AND LEGATEES, and NON-RECORD CLAIMANTS AND UNKNOWN OWNERS,
Defendant
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Case No.: No. 2009 CH 002760
OBJECTION TO THE PROCEEDINGS LEADING TO THE REPORT OF SALE AND DISTRIBUTION
NOTICE OF MOTION
PLEASE TAKE NOTICE that on Wednesday, May 5, 2010 at 9:30 AM, or as soon thereafter as counsel may be heard, I shall appear before the Honorable Judge Bonnie M. Wheaton or any judge sitting in her stead, in Courtroom 2007, in the Circuit Court of Du Page County, Illinois located at 505 North County Farm Road, Wheaton, Illinois, and shall then and there present the PRO SE for the Defendant’s Motion for Objection to the Proceedings Leading to the Report of Sale and Distribution based on legal grounds for Errors and Omissions to include Abuse of the Illinois Code of Civil Procedure by the Plaintiff’s Counsels Thomas P. Bayer and Howard C. Jablecki, as well as Objection to the Plaintiff’s Counsels fees, costs, and expenses to be considered excessive in over billing the Hung Family. A true and correct copy of which is included herewith and hereby served upon you.
Dated this 15th day of March, 2010
GARDENIA C. HUNG
PRO SE
(Reserved Signature)
United States of America
In the Circuit Court of the Eighteenth Judicial Circuit
DUPAGE COUNTY, STATE OF ILLINOIS
THE VILLAGE OF LOMBARD, an Illinois Municipal Corporation,
Plaintiff,
vs.
GARDENIA C. HUNG AND ROBERT S. HUNG, as Trustees of the Trust Agreement Designated as the Roberto Hung Supplemental Care Trust, JEFFREY D. PAPENDICK, a tax purchaser, SCOTT PAPENDICK, UNKNOWN HEIRS AND LEGATEES, and NON-RECORD CLAIMANTS AND UNKNOWN USERS,
Defendant
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Case No.: No. 2009 CH 002760
DEFENDANTS' MOTION FOR OBJECTION TO THE PROCEEDINGS LEADING TO THE REPORT OF SALE AND DISTRIBUTION
DEFENDANT’S MOTION FOR OBJECTION TO THE PROCEEDINGS LEADING TO THE REPORT OF SALE AND DISTRIBUTION
Comes now Gardenia C. Hung as PRO SE, on behalf of the Defendants, to present an Objection to the Proceedings Leading to the Report of Sale and Distribution, in response to the Plaintiff’s Motion filed by Counsels Thomas P. Bayer and Howard C. Jablecki, et al. and its attorneys at Klein, Thorpe & Jenkins, Ltd., pursuant to the Constitution of the State of Illinois, Preamble, Article 1, Bill of Rights, and the Fifth and Fourteenth Amendments to the U.S. Constitution, as Victims of Crime in the Village of Lombard, Du Page County, on legal grounds for Errors and Omissions, and Abuse of the Illinois Code of Civil Procedure, obstruction of justice, malicious prosecution, and abuse of the legal process. The Defendants are Victims of Crime in the Village of Lombard. In addition, PRO SE presents objections to the Attorney’s fees, costs, and expenses in the amount of $4,270.60 and other miscellaneous charges to be considered excessive upon review, in over billing the Estate of Mr. Roberto Hung Supplemental Care Trust and the Hung Family. PRO SE for Defendants prays for extraordinary remedy and relief, in the form of justice, cash compensation, and severance restitution for damages and losses under the doctrine for inverse condemnation, with justice, fairness, and equity to provide remedy and monetary relief for compensation and indemnity to the aggrieved, pursuant to 735 ILCS 5/Art. II et seq., civil practice law, and the rules of the Supreme Court in the State of Illinois, under the Constitution of the United States of America, and under God.
For the record, Counsel Howard C. Jablecki, et al. mailed the Plaintiff’s Response with delay throughout 2009 and 2010 during the course of these legal proceedings. Let it be known that PRO SE filed a Complaint against Attorneys Thomas P. Bayer and Howard C. Jablecki, Counsels for the Plaintiff, represented by the Law Firm of KLEIN, THORPE AND JENKINS LTD. for Errors and Omissions in the Failure to Provide Due Notice of Motion, Court Summons, and copies of Court Proceedings for a Court Appearance on Thursday, December 10, 2009, at 9:00 AM pending the Plaintiff’s Motion for Order of Default and/or Dismissal and Judgment of Foreclosure and Sale of the Lombard Real Estate Property at 502 S. Westmore Avenue and Washington Blvd. in Du Page County, Illinois 60148 USA.
PRO SE was not duly or timely notified of the Court Summons in this legal matter. Please note the following:
1). Exhibit C-2, Summons for September 02, 2009, Affidavit for Special Process Server, Lewis Ellis, Private Detective No. 117-000885. Item 5.- (X) “That he was unable to serve the within named party GARDENIA C. HUNG located at 502 S. WESTMORE-MEYERS ROAD, GARAGE, LOMBARD IL 60148 for the reason: Attempted service on 9/12/2009 @ 10:24 am and no answer at the garage door. The residence had been demolished, and there was a lock on the garage. I spoke to the neighbor, Robin Halada, (Female, Caucasian, 38) who informed me that the residence had been demolished over one year ago; she further stated that the subject was known to be residing in her car in the garage at one point, but she had not seen anyone around for a year. No message by telephone was recorded. I contacted the subject via telephone on 9/13/2009 @12:30 pm and she requested the documents be mailed to Post Office Box 1274, Lombard, Illinois 60148; no further information provided. Attempted service on 9/15/2009 at 7:51 pm, 9/19/2009 @11:20 am, 9/21/2009 @11:28 am, and No Answer at the Garage Door. Therefore, I was unable to contact the subject and effect service.
2). Exhibit C-3, Summons to Gardenia C. Hung, at 3916 Argyle, Chicago, Illinois 60625, on July 15, 2009. Asked the neighbor Assaedi, 3rd Floor to 1st Floor, 7:01, Writ Not Served per current resident Assaedi Family there for 2 years and do not know. Please note that Counsel Howard C. Jablecki filed Summons for Gardenia C. Hung at 3916 Argyle, Chicago , Illinois 60625 , when for the last seventeen (17) years, Gardenia C. Hung has been a Lombard resident homeowner at 502 S. Westmore-Meyers Road , Post Office Box 1274 , Lombard , Illinois 60148 , Tel. 630-201-9055.
3). Exhibit E - Attorney’s Fees, Costs, and Expenses in the amount of $6,247.90
4). Exhibit F - Affidavit in Support of Judgment Award Request for Statutory Interest, Cost, and Attorney’s Fees
5) Exhibit F-1 – 8/10/2009 – Attorney Communication with Cook County Sheriff regarding service to Gardenia C. Hung for over billing for services at the expense of the Hung Family.
Counsels for the Plaintiff Thomas P. Bayer and Howard C. Jablecki, representing the Village of Lombard , have not been providing all copies of court proceedings or correspondence, due notice for court appearance or any court summons following Civil Procedure in Circuit Court for the Eighteenth Judicial Circuit in Du Page County , Illinois 60187. Even though, PRO SE, Gardenia C. Hung, Lombard resident homeowner, has contacted the Village of Lombard and updated mailing contact information at Post Office Box 1274, Lombard, Illinois 60148, Telephone: 630-201-9055, Email: ghungma@gmail.com or 6302019055@mms.uscc.net. No one from the Village of Lombard telephoned or contacted PRO SE for a court appearance or summons to the Circuit Court of the Eighteenth Judicial Circuit in Wheaton, Du Page County, Illinois. During December 2009, Pro Se called the Law Office of Klein, Thorpe and Jenkins, Ltd., in order to contact Counsels Thomas P. Bayer and Howard C. Jablecki, for copies of the court order and proceedings, and could not leave a message or speak to neither one of the parties involved. Later during the week, I visited the Village of Lombard in person during December 2009, and no one was there to discuss this legal matter either since all the staff had left on holiday leave of absence at the end of the year.
Please note that the Village of Lombard has failed to observe the Illinois Code of Civil Procedure and/or follow standard procedures of law where the Hung Family legal matters are concerned regarding the Estate of Mr. Roberto Hung Supplemental Health Care Trust. I, Gardenia C. Hung, I am complaining and reporting the Village of Lombard legal counsels for Errors and Omissions in the Failure to Provide Due Notice of Motion, Court Summons, and copies of Court Proceedings for a Court Appearance on Thursday, December 10, 2009, at 9:00 AM pending the Plaintiff’s Motion for Order of Default and/or Dismissal and Judgment of Foreclosure and Sale of the Lombard Real Estate Property at 502 S. Westmore Avenue and Washington Blvd. in Du Page County, Illinois 60148 USA.
PRO SE, Gardenia C. Hung, does hereby request an investigation against the Village of Lombard for lack of Civil Procedure involving Errors and Omissions in this legal matter and all other matters regarding the Estate of Mr. Roberto Hung Supplemental Health Care Trust.
Furthermore, there is no legal record listing or notice of summons for the alleged Unknown Heirs and Legatees, and Non-Record Claimants and Unknown Owners listed as Defendants for Case No.2009 CH002760 by Counsels for the Plaintiff Thomas P. Bayer and Howard C. Jablecki from the Law Firm of KLEIN, THORPE AND JENKINS LTD. in Chicago, Illinois.
On Saturday morning, March 6, 2010, PRO SE, received a copy of the Plaintiff’s Notice of Motion for the Entry of an Order Approving the Report of Sale and Distribution of the Lombard Real Estate Property recorded for the Estate of Robert Hung Supplemental Care Trust, et al. The designated court date was scheduled for Wednesday, March 10, 2010 at 9:00 a.m., in Courtroom 2007, before Judge Bonnie M. Wheaton, presiding judge. PRO SE has been reporting that the Plaintiff’s Counsel Howard C. Jablecki has not been providing timely due notice of court dates and summons to Gardenia C. Hung under the Illinois Code of Civil Procedure and subject to Errors and Omissions by the Chicago Law Firm of Klein, Thorpe and Jenkins, Ltd. As a Victim of Hate and Heineous Crimes by the Village of Lombard, PRO SE, Gardenia C. Hung, does hereby request a judicial review and court intervention in this matter.
Afterwards, that same Saturday morning, PRO SE called the Law Office of Steven A. Leahy to make a legal appointment for counsel representation for Monday morning at 150 North Michigan Avenue, Suite 1100 , Chicago , Illinois 60601 , Tel. 312-499-0649. For the record, Mr. Steven A. Leahy did not want to take this legal case and refused to represent this matter for the scheduled Wednesday, March 10, 2010.
Let it be known that the following Chicago attorneys and/or DuPage County counsels do not want to represent this legal matter for the Estate of Mr. Roberto Hung Supplemental Health Care Trust: Mr. Colin Hara, Esq., Law Firm of Matsuda, Eiffert, and Mitchell in Chicago, Prairie State Legal Aid in Carol Stream, Mr. Richard Lucas and Apostolopoulos in Addison, attorneys on Manchester Road near the courthouse, etc. Consequently, Defendant GARDENIA C. HUNG appears as PRO SE to respond in this legal matter.
BACKGROUND
PRO SE, GARDENIA C. HUNG, age 51, is a Lombard resident homeowner, U.S. citizen, representing the subject property, purchased in the name of the late Mr. Roberto Hung, Sr., registered Lombard homeowner for P.I.N. 06-09-315-038-0000, which was legally acquired and recorded in Du Page County, during September 2, 1993 through September 2, 1996 and paid in full at the Maple Park State Bank with cash retirement funds, IRA money markets, and 401K monies accrued in employment savings through profit-sharing invested at Felt-Pro, Inc. auto gasket company, also known today as Federal Mogul Corporation Sealing Systems, located at 7450 North McCormick Boulevard, in Skokie, Illinois 60076-8103. Felt-Pro, Inc.--managed and family-owned by Lewis C. Weinberg, the Lehman Brothers, Mr. Kessler, and others, along with son David Weinberg and daughter, Barbara Kessler. The late Mr. Roberto Hung Sr., was a retired Cuban-Chinese attorney, who worked as Municipal District Attorney in Santiago de Cuba, while he also served as judge for the Municipal District Court of Santiago de Cuba, in Oriente, Cuba. Mr. Roberto Hung was a graduate cum laude from the Law School at the University of La Habana in Cuba. In the State of Illinois, Du Page County, Mr. Roberto Hung became a Lombard resident homeowner, U.S. citizen, who was also a paying member of the Illinois Sheriffs Association and contributed to local, state, and presidential cash fundraisers, to include donations to the Lombard Fire Department and Police Department, and other national charities. On December 22, 1996, he had written a donation checks for the Lombard Fire Department and to his son Robert S. Hung, after paying his household bills, before he became injured at home, 502 S. Westmore Avenue in Lombard, Du Page County, Illinois.
After Roberto Hung paid for the Lombard real estate property, he was abused as a resident homeowner, taxpayer, and U.S. citizen. On December 22, 1996, Mr. Hung was injured at home in Lombard after 9:00 PM, before Christmas Day. Mr. Roberto Hung survived the traumatic brain injury when his eldest daughter GARDENIA C. HUNG provided first responder’s emergency assistance and called 911 in the Village of Lombard. After Mr. Hung recovered from a stroke in 1997, he was throttled and murdered by the respiratory therapist Ben Aguilar at Vencor Northlake Hospital, on June 18, 1998, in Northlake, Cook County, Illinois.
Coincidentally, Felt-Pro, Inc., the automotive gasket sealing magnet, known for a wide-range of worker benefits was also sold in 1998, in the amount of $720 million dollars to Federal Mogul Corporation based in Michigan and nation-wide. Ten years later, Mr. Lewis C. Weinberg died, last Thursday, on October 30, 2008, at his Chicago home in Illinois, at the age of 93 years old.
Since Felt-Pro, Inc. was sold in 1997, Mr. Roberto Hung became abused, injured, and eventually murdered, while holding Lombard real estate property, residency, and homeownership in the County of Du Page.
For the record, the estimated market value of the subject property was $272, 850.00 in 2008, plus the value of family, personal, professional business assets of the Hung Family in Lombard, Du Page County, Illinois. The Lombard Brick Bungalow, built in 1927, was damaged extensively by public use and unauthorized access entries by the Lombard Police Department, the Fire Department, the Village of Lombard, and other intruders during the course of municipal services and operations which caused detrimental disaster, roofing water damages , plumbing flooding and demolition losses. On Wednesday, November 5, 2008, the Lombard Fire Department, instigated by Keith Steiskal, and others, demolished the Lombard Historic Brick Bungalow at 502 S Westmore-Meyers Road in Du Page. Now the Hung Family is petitioning for cash compensation, restitution, and financial remuneration by the Village of Lombard and others who have publicly used the private property owned by the Hung Family in the Estate of Mr. Roberto Hung Supplemental Care Trust.
Please note that Village of Lombard Refused to Issue the Building Permit for the Restoration of the Lombard real estate property at 502 S. Westmore-Meyers Road in Du Page County due to a water and sewer bill in the amount $118.91, even when there was no water service or sewage service provided during 2005, 2006, 2007, and 2008 according to a letter received on October 3, 2008 from Sharon E. Myers, Telephone 630-620-5953, former employee at Village of Lombard , 255 E. Wilson Avenue , Lombard , Illinois 60148-3921 , Fax 630-620-8222.
Furthermore, the following Illinois financial institutions denied financial support for a Home Equity Loan to repair and restore the subject property:
- First American Bank, 1660 Louis Avenue, Elk Grove Village, IL 60007
- Bank of America, 201 North Tryon Street, Charlotte, NC 28255-0001
- Fifth Third Bank, 161 North Clark Street, Chicago, IL 60601
- Associated Bank, 1305 Main Street, Stevens Point, WI 54481
- Zees Group Home Equity Loan Financial for Disaster Restoration
Since the Hung Family has purchased two (2) Lombard homes in Du Page County, all the family members have been victims of crime, abuse, physical injuries, harassments, persecution, to include kidnappings, and forced hospitalizations. The eldest daughter, PRO SE, GARDENIA C. HUNG has been personally harassed by the Village of Lombard and victimized as an access to crime, wrongful charges, false arrest and detention, abuses, personal injuries, and set up for car accidents during the course of employment for the State of Illinois and as a legal interpreter, translator, Illinois Notary Public and Lombard resident homeowner in Du Page County, Illinois.
WHEREBY, PRO SE FOR DEFENDANTS IS CLOSING ARGUMENT WITH A MOTION FOR OBJECTION TO THE PROCEEDINGS LEADING TO THE REPORT OF SALE AND DISTRIBUTION FOR ERRORS AND OMISSIONS WHICH INCLUDE ABUSE OF THE ILLINOIS CODE OF CIVIL PROCEDURE PURSUANT the Constitution of the State of Illinois, Preamble, Bill of Rights, Article I, Section 1, Section 2, Section 6, Section 8.1, Section 15, Section 18, SECTION 20, Section 23, Section 24, and the Fifth and Fourteenth Amendments to the Constitution of the United States of America, on legal grounds for obstruction of justice, malicious prosecution, abuse of the legal process, hate crimes and discrimination.
WHEREFORE, DEFENDANTS, GARDENIA C. HUNG ET AL. PRAY FOR JUSTICE, EQUITY, AND FAIRNESS SO THAT THE MOTION FOR OBJECTION, BE SUSTAINED PURSUANT TO THE CONSTITUTION OF THE UNITED STATES OF AMERICA, AND THE Constitution of the State of Illinois, Preamble, Bill of Rights, Article I, Section 1, Section 2, Section 6, Section 8.1, Section 15, Section 18, SECTION 20, Section 23, Section 24; THE ILLINOIS VICTIMS OF CRIME ACT, ILLINOIS HUMAN RIGHTS ACT WITH PROTECTIONS IN HOUSING UNDER THE LAW, HATE CRIMES LOCAL LAW ENFORCEMENT ENHANCEMENT ACT, U.S. DEPARTMENT OF HOUSING AND URBAN RENEWAL ACT, AND FEDERAL TRADE COMMISION ACT , 15 USC § 45 ET SEQ. AND 16 CFR, SUBSEQUENT TO THE ILLINOIS STATUTES FOR CONSUMER SERVICE PROTECTION AGAINST CONSUMER SERVICE FRAUD, DECEPTIVE BUSINESS PRACTICES, AND PROHIBITED BUSINESS PRACTICES, AND THE Illinois Equal Justice Act, 30 ILCS 765/1 et seq.
DEFENDANTS PRO SE, AS LOMBARD RESIDENT HOMEOWNERS, ALSO PRAY FOR CASH COMPENSATION AND RESTITUTION, IN CONFORMITY TO PROOF, AND FOR FURTHER REMEDY AND RELIEF AS THE COURT DEEMS JUST, FAIR, EQUITABLE, AND PROPER IN THIS CAUSE OF HATE CRIMES AND DISCRIMINATION CAUSED DIRECTLY BY PLAINTIFF, THE VILLAGE OF LOMBARD ET AL., IN DUPAGE COUNTY, ILLINOIS, UNITED STATES OF AMERICA.
Dated this 15th day of March, 2010
Gardenia C. Hung PRO SE
(Reserved Signature)
Illinois Notary Public
Post Office Box 1274
502 S. Westmore Avenue
Lombard, Illinois 60148
TEL. 630-201-9055
EM: ghungma@gmail.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.
Date: On the 15th day of March in the year 2010
Signed by:____________________________________
Gardenia C. Hung, M.A. (Reserved Signature)
Post Office Box 1274, 502 S. Westmore-Meyers Road
Lombard, Illinois 60148-3028
Executed in the Village of Lombard, County of Du Page, in the State of Illinois, United States of America
Dated this 15th day of March in the year 2010
Gardenia C. Hung,PRO SE
(Reserved Signature)
Executor Trustee
Estate of Roberto Hung
Supplemental Care Trust
502 S. Westmore-Meyers Road, P.O. Box 1274
Lombard, Illinois 60148
United States of America
