Attn. Chief Judge, Mr. Timothy Evans
Attn. Presiding Judge, E. Kenneth Wright, Jr.
Attn. Arbitration Administrator, Kimberly A. Atz, Esq.
Attn. Arbitration Panel Members, Chair and Arbitrators
Arbitration Center, 222 North LaSalle Street, 13th Floor, in care of Patty
Chicago, Illinois 60601, USA
In the Circuit Court of Cook County, First District, State of Illinois, United States of America
Dear Sirs, Madam, To Whom It May Concern:
RE: Case No. 2006-M1-13467
Hung, Gardenia C. Hung, Plaintiff Pro Se vs. Champion Cycle Center, Inc. et al. Defendants
Larry Wolfe, Julio Aquino, José Rivera, JonJon
Michael Wolfe, et al. [BeBe, JoJo, Hank, Henry,
Juan, Pancho, Immanuel, John, etc.] and others
Represented by Robert A. Gornik, Counsel for
Favil David Berns & Assoc. LLC
30 East North Ave., Northlake IL 60664 USA
My name is Gardenia C. Hung, M.A. I am introducing myself to you as the Plaintiff Pro Se in this legal cause of action, during National Consumer Protection Week, February 5-9, 2007. I am writing to you as the Plaintiff Pro Se in this arbitration case involving Consumer Service Fraud, Breach of Service Warranty Contract, and Product Liability of the 2003 Derbi Boulevard 150 CC Motorcycle, in order to Settle Payment in excess of $15,000US for mechanical, electrical, and functional damages and losses to the motor vehicle itself; plus reimbursement of all court costs, legal expenses, and extraneous charges incurred during 2007 in January, February, March, and April by Gardenia C. Hung against the Defendants as employees at Champion Cycle Center, Inc., a motorcycle retailer and service center in Chicago, represented by Robert A. Gornik, Counsel. For the record, this legal cause for Settlement Action is set for Mandatory Arbitration Hearing on Monday, the 16th day of April in the year 2007, at 2:00PM before the Arbitrator Panel Service for District One, in the Circuit Court of Cook County, in the State of Illinois, United States of America.
Please Take Notice that pursuant to Supreme Court Rule 90(g) through 95, on January 25, 2007, Plaintiff Pro Se has filed a Second Amended Complaint against Champion Cycle Center, Inc. at 3625 N. Western Avenue in Chicago, Illinois 60618 USA, its owner, Larry Wolfe, and all of its employees, subject to wage garnishment and “lis pendens” of the following individuals, Julio Aquino, José Rivera, JonJon, Michael Wolfe, et al. [BeBe, JoJo, Hank, Henry, Juan, Pancho, Immanuel, John, etc.] and others involved on-site at the shop, due to liability for damages and losses to 2003 Derbi Boulevard 150, Consumer Service Fraud, Breach of Service Warranty Contract, and Product Liability of the motor vehicle itself and its functional, mechanical, and electrical disrepair, in excess of $15,000US, plus reimbursement of additional legal expenses, all court costs, and extraneous charges incurred by Plaintiff Pro Se during 2007 in January, February, March, and April, during the course of legal arbitration proceedings.
Defendants are represented by Counsel, Robert A. Gornik and the Law Firm of Favil David Berns & Assoc. LLC, who are denying facts of evidence on legal record filed as Exhibits A,B,C, D, E, F, G, H, I, and J and submitted by Plaintiff Pro Se for the damages and losses incurred within (1) one year by the 2003 Derbi Boulevard 150 CC Motorcycle purchased on June 11, 2003 through November 11, 2004. Furthermore, Defendants and Counsel are technically and mechanically at fault and subject to Omissions and Errors for the following:
1. Failure to provide motorcycle service, repair, and maintenance to the 2003 Derbi Boulevard 150 CC Motorcyle from 2003 to date, in 2007, inclusive, for the last (4) four years now, as promised and underwritten by Derbi S.A. under the Manufacturer’s Warranty Contract, still in effect, for (5) five years, until 2008, from the date of purchase of the Emission/Exhaust Control System Defects Warranty (Ref. Page 18, Derbi Red Power, Boulevard 150 CC, Owner’s Manual.)
2. Subject to Negligence Per Se, since November 11, 2004, the electrical battery in the motorcycle vehicle stopped working, due to frayed electrical wires, and a power leak given a cracked hole at the bottom of the battery plate and compartment under the seat, while it was serviced by Jon Jon, mechanic on-site. In addition, there is the omission of the battery plate with a cracked hole, which has been removed since then, by the Defendants as employees at Champion Cycle Center, Inc. in Chicago, during 2004, 2005, 2006, and 2007. The removal of the plate in the 2003 Derbi Boulevard 150 CC motorcycle has caused extreme weather exposure outside the service shop, and electrical energy leakage resulting in complete oxidation (rust) and permanent damage and losses to the electrical wiring, battery posts, and to the entire motorcycle operating system of the motor vehicle itself as it is still in the Defendants’ possession, on-site.
3. Liable for the functional disrepair of the 2003 Derbi Boulevard 150 CC motorcycle caused by the Defendants which has rendered this motor vehicle inoperable and useless under the State of Illinois law, 815 ILCS 380/3, New Vehicle Buyer Protection Act, Failure of Vehicle to Conform; Remedies; Presumptions; 625 ILCS 5/1-100 et seq., Illinois Vehicle Code. Essential Parts. Now in 2007, and since purchase in 2003, this motorcycle does not have the required foot brake. It is still missing (2) two brake pads which have slid and shirred off the disc drum brakes. This motorcycle now has a rusted battery, without a battery plate, damaged battery posts, frayed electrical wires without power throughout the motorcycle to start the ignition. The throttle is damaged. During the course of service from 2003 through 2004, at Champion Cycle Center, Inc., Defendants have ruined and damaged the 2003 Derbi Boulevard 150 CC motorcycle, within one year of purchase and until Veterans’ Day, on November 11, 2004--when the motorcycle stopped working and would not re-start in front of the U.S. Post Office – Loop, on Clark Street, Quincy and Adams Streets in Chicago, Illinois.
WHEREFORE, PLAINTIFF PRO SE PRAYS FOR JUSTICE, EQUITY, AND JUDGEMENT AGAINST THE DEFENDANTS AT CHAMPION CYCLE CENTER, INC. DUE TO CONSUMER SERVICE FRAUD, BREACH OF SERVICE WARRANTY CONTRAC, AND PRODUCT LIABILITY OF THE 2003 DERBI BOULEVARD 150 CC, AS FOLLOWS FOR:
1. GENERAL DAMAGES AND LOSSES IN THE SUM OF $16,071.35US, AS NOTED IN EXHIBIT I, IN CONFORMITY TO PROOF;
2. OTHER COMPENSIBLE COURT LEGAL EXPENSES PAID AS CASH WITH RECEIPTS IN THE SUM OF $4,204.01US, IN EXHIBIT H, IN CONFORMITY TO PROOF;
3. AND PLAINTIFF PRO SE ALSO PRAYS FOR SUCH ADDITIONAL LEGAL COURT COSTS IN THE SUM OF $1,082US FOR DECEMBER 2006, NOTED IN EXHIBIT J, IN CONFORMITY TO PROOF, AND FOR FURTHER REMEDY AND RELIEF, AS THIS ARBITRATION PANEL DEEMS JUST, FAIR, EQUITABLE, AND PROPER IN THIS SETTLEMENT ACTION FOR THE TOTAL SUM OF $21,358.22US FOR CASH EXPENSES INCURRED DURING THE COURSE OF LEGAL SETTLEMENT ACTION, CONSUMER SERVICE REPAIR AND MAINTENANCE TO THE 2003 DERBI BOULEVARD 150 CC MOTORCYCLE;
4. Plus reimbursement of ALL extraneous charges incurred by Plaintiff Pro Se during 2007 in January, February, March, and April, during the course of legal arbitration proceedings.
Gardenia C. Hung, M.A.
Plaintiff Pro Se, No. 99500
502 S. Westmore Avenue
Lombard, Illinois 60148-3028
United States of America
Copyright © 1998 by Ann Poe