Closing Argument with Objections to the Verified Complaint for Demolition and for Injunctive Relief

State of Illinois United States of America County of DuPage
In the 18th Judicial Circuit Court


Village of Lombard, an Illinois Municipal Corporation, et al.,
Plaintiff,
vs.
Gardenia C. Hung and Robert S. Hung, Trustees of the Trust Agreement Designated as Roberto Hung Supplemental Care Trust, Jeffrey D. Papendick, a tax-purchaser, and non-record claimants and unknown users,
Defendants )
)
)
)
)
)
)
)
)
) Case No.: 2007CH001284

DEFENDANTS’ CLOSING ARGUMENT WITH OBJECTIONS TO THE VERIFIED COMPLAINT FOR DEMOLITION AND INJUNCTIVE RELIEF IN SUPPORT OF MOTION TO COMPEL ORDER TO REPAIR LOMBARD HISTORIC BRICK BUNGALOW

Hearing Date: July 2, 2008, 9:30AM

CLOSING ARGUMENT
DEFENDANTS ARE CLOSING ARGUMENT WITH OBJECTIONS TO THE VERIFIED COMPLAINT FOR DEMOLITION AND INJUNCTIVE RELIEF IN SUPPORT OF MOTION TO COMPEL ORDER TO REPAIR LOMBARD HISTORIC BRICK BUNGALOW 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, AND DISCRIMINATION.
CONSTITUTION OF THE STATE OF ILLINOIS
Article I – Bill of Rights
Section 1. Inherent and Inalienable Rights
All men are by nature free and independent and have certain inherent and inalienable rights among which are life, liberty and the pursuit of happiness. To secure these rights and the protection of property, governments are instituted among men, deriving their just powers from the consent of the governed.
Section 2. Due Process and Equal Protection.
No person shall be deprived of life, liberty or property without due process of law nor be denied the equal protection of the laws.
Section 6. Searches, Seizures, Privacy and Interceptions.
The people shall have the right to be secure in their persons, houses, papers, and other possessions against unreasonable searches, seizures, invasions of privacy or interceptions of communications by eavesdropping devices or other means. No warrants shall issue without probable cause, supported by affidavit particularly the place to be searched and the persons or things to be seized.
Section 8.1. Crime Victims’ Rights.
Section 15. Right to Eminent Domain.
Private property shall not be taken or damaged for public use without just compensation as provided by law. Such compensation shall be determined by a jury as provided by law.
Section 18. No Discrimination on the Basis of Sex.
The equal protection of the laws shall not be denied or abridged on account of sex by the State or its units of local government and school districts.
Section 20. Individual Dignity.
To promote individual dignity, communications that portray criminality, depravity or lack virtue in, or that incite violence, hatred, abuse or hostility toward, a person or group of persons by reason or by reference to religious, ethnic, national or religious affiliation are condemned.
Section 23. Fundamental Principles.
A frequent recurrence to the fundamental principles of civil government is necessary to preserve the blessings of liberty. These blessings cannot endure unless the people recognize their corresponding individual obligations and responsibilities.
Section 24. Rights Retained.
The enumeration in this Constitution of certain rights shall not be construed to deny or disparage others retained by the individual citizens of the State.
During the tenth (10th) anniversary of the murder of Mr. Roberto Hung which caused his death at Vencor Northlake Hospital and occurred from June 18 through June 25, 1998, Defendants petition to Compel Court Order To Repair the Lombard Historic Brick Bungalow and address legal issues of compensation and restitution for all the damages and losses documented as Exhibit C for Contracts A-1, B-1, and C-1 underwritten by the Zees Group and ZSC Insurance Restoration Services LLC, doing business as http://www.zeesgroup.com Since November 2006, Defendants have been proposing the restoration, renovation, and preservation of the Lombard Historic Brick Bungalow owned by the Hung Family, in opposition to the Verified Complaint for Demolition and for Injunctive Relief, pursuant to legal grounds for “action for inverse condemnation, conversion of real property, consumer service fraud, breach of the fair housing partnership resolution contract, and real estate liability for Lombard old houses”, in DuPage County, Illinois, United States of America.
Now comes Gardenia C. Hung as PRO SE, Lombard resident, legal homeowner, Illinois Notary Public for the County of DuPage, and U.S. citizen, on behalf of the Defendants, to Close Argument with Objections to the Verified Complaint for Demolition and for Injunctive Relief in support of the Defendants’ Motion to Compel Court Order To Repair the Lombard Historic Brick Bungalow, on legal grounds for obstruction of justice, malicious prosecution, abuse of the legal process, and discrimination.
For the record, in November 2006, Defendants proposed to comply with the repair of the Lombard Historic Brick Bungalow before the Plaintiff, as the Village of Lombard, represented by Keith Steiskal from the Bureau of Inspectional Services, and Counsel Howard C. Jablecki from the Law Firm of Klein, Thorpe and Jenkins, Ltd. filed the Verified Complaint for Demolition and for Injunctive Relief on May 23, 2007.
The Village of Lombard et al., as Plaintiff, has been negligent in resolving existing issues for restoration, renovation, and preservation of the Lombard Historic Brick Bungalow owned by Gardenia C. Hung and Robert S. Hung as Trustees for the Trust Agreement designated as Roberto Hung Supplemental Care Trust, et al., following damages and losses caused by unauthorized access entry by service operators, trespassers, the neighbors John and Eva Carpenter, their sons and associates, as well as others in the community-at-large in the Village of Lombard, Du Page County, Illinois.
Plaintiff has breached the duty to service, repair, restore, and renovate the distressed real estate property damaged by the Lombard Police Department, SBC Telephone Company for Illinois/Indiana, Cable Installers, John and Eva Carpenter, and other operatives during the course of service at 502 S. Westmore-Meyers Road at the corner of Washington Blvd., in Lombard.
All the existing damages and losses to the Lombard Historic Brick Bungalow have taken place specifically during 2004, 2005, 2006, 2007, and 2008. For the last four (4) years, Gardenia C. Hung and Family have been reporting the bursting of the plumbing pipe fixtures due to ungauged water pressure, unchecked by the Village of Lombard Water Service Department, and the roofing damages caused by unauthorized service operators, TV cable installers, SBC Telephone Company, the Lombard Police Department, etc.
Plaintiff as the Village of Lombard is directly liable for all the damages and losses caused to the Hung Family real estate property which is subject for repair, compensation, and restitution at a fair market value like other real estate property in DuPage County, Illinois, United States of America.
For the last four (4) years the Village of Lombard has been negligent in responding to Gardenia C. Hung’s complaints about unauthorized access entries by the Lombard Police Department, trespassing, vandalism, intruders, and John and Eva Carpenter’s harassment, annoyances, and public nuisance behavior since they moved next to the subject property and the Hung Family. Please note that John and Eva Carpenter have moved out of the adjacent Dutch Colonial home at 506 S. Westmore-Meyers Road during the last week of May 2008.
Plaintiff is subject and liable for consumer service fraud due to Negligence Per Se and breach of the service duty to repair all the damages and losses incurred by the Hung Family for the Lombard Historic Brick Bungalow since 1993 when Mr. Roberto Hung purchased the same real estate property from Debra Sekrecki and Adam Sekrecki; and since 1996 when Mr. Roberto Hung completed full cash payment with retirement funds for the Lombard Historic Brick Bungalow at Maple Park State Bank in Illinois, USA. Mr. Roberto Hung decided to pay the remaining balance on the Lombard real estate property in full to Maple Park State Bank before the New York Dime Mortgage Company would acquire the real estate accounts and impose “balloon” mortgage rates to the cost of the Lombard real estate property.
For the record, since the Village of Lombard has “defrauded” the real investment purchased by Mr. Roberto Hung during the course of municipal services, Plaintiff (1) owes the Hung Family compensation and the duty to repair in restitution all the damages and losses incurred by Gardenia C. Hung and the Defendants for the distressed Lombard Historic Brick Bungalow; (2) Plaintiff has breached service duty through negligence, obstruction of justice, malicious prosecution, abuse of the legal process, and discrimination; (3) consequently, Plaintiff has caused all the damages and losses incurred by the Hung Family and the distressed Lombard Historic Bungalow since 1993 and through 2004, 2005, 2006, 2007, and 2008. Now Gardenia C. Hung is presenting damages and losses in excess of $50,000, totaling $281,830, plus severance payment, financial remedy, and monetary relief for Victims of Crime, due to criminal conversion of the Lombard Historic Brick Bungalow as an access to crime, consumer service fraud, scienter, negligence per se, breach of the duty to service and repair all the damages and losses during the course of the operations by the Lombard Police Department and Du Page County law enforcement agencies, inverse condemnation, and discrimination.
Under the Fifth Amendment to the U.S. Constitution, “no person shall be deprived of life, liberty, or property without due process of law; nor shall private property shall be taken for public use without just compensation.” The Fifth Amendment recognizes the real estate property rights of individuals and guarantees that the government must provide a fair payment to a person whose property is taken for public use.
The Fourteenth Amendment to the U.S. Constitution protects Rights and Guaranteed Privileges and Immunities of Citizenship, Due Process, and Equal Protection. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens in the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
WHEREBY, DEFENDANTS ARE CLOSING ARGUMENT WITH OBJECTIONS TO THE VERIFIED COMPLAINT FOR DEMOLITION AND INJUNCTIVE RELIEF IN SUPPORT OF MOTION TO COMPEL ORDER TO REPAIR LOMBARD HISTORIC BRICK BUNGALOW 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, AND DISCRIMINATION.
WHEREFORE, DEFENDANTS, GARDENIA C. HUNG ET AL. PRAY FOR JUSTICE, EQUITY, AND FAIRNESS SO THAT THE MOTION TO COMPEL COURT ORDER TO REPAIR THE LOMBARD HISTORICAL BRICK BUNGALOW, 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 HOME REPAIR AND REMODELING ACT, 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.
IN ADDITION, DEFENDANTS PRAY FOR JUST COMPENSATION UNDER THE DOCTRINE OF INVERSE CONDEMNATION, IN THE FORM OF CASH REMEDY AND MONETARY RELIEF FOR RESTITUTION AND INDEMNITY, UNDER THE CONSTITUTION OF THE UNITED STATES AND THE STATE OF ILLINOIS, UNDER GOD.
Respectfully Submitted and Dated on the 25th day of the month of June in the year 2008.
_________________________________________
(Reserved Signature)
Gardenia C. Hung, M.A. for the Defendants
On behalf of the Estate of Mr. Roberto Hung Supplemental Care Trust
502 S. Westmore-Meyers Road
Lombard, IL 60148-3028 USA




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: June 25, 2008

Signed by:____________________________________
Gardenia C. Hung, M.A. (Reserved Signature)
502 S. Westmore-Meyers Road
Lombard, Illinois 60148-3028

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

Dated this June 25, 2008

Gardenia C. Hung,PRO SE
Executor Trustee
Estate of Roberto Hung
Supplemental Care Trust
502 S. Westmore-Meyers Road
Lombard, Illinois 60148
United States of America