Attn. Law Firm of Berns, David, Favil & Associates
In care of Robert Gornik for the Defendants
30 East North Avenue
Northlake, IL 60664
Cc: Champion Cycle Center, Inc., http://www.championcycle.com
YOUR REFERENCE: Plaintiff Pro Se's Letter, Correspondence, and Court Filings on April 16-17, 2007
RE: Case No. 2006-M1-13467, FOR PRIORITY SETTLEMENT ACTION IN EXCESS OF $15,000US
Gardenia C. Hung, Plaintiff Pro Se vs. Champion Cycle Center, Inc. et al. Defendants, All Employees at 3625 North Western Avenue, Chicago IL 60618
Larry Wolf, Julio Aquino, Jose Rivera, Jon Jon
Michael Wolf, et al. [BeBe, Jo Jo, 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. Following my telephone call and electronic correspondence, I am verifying my current mailing address for your records at Post Office Box 1274, Lombard, Illinois 60148, and telephone contact number 630-201-9055 to demand priority settlement action in excess of $15,000 in this legal matter involving consumer service fraud for motorcycle maintenance at Champion Cycle Center Inc. by the Defendants represented by Bob Gornik et al.
For the record, during May 2007, I wrote to you and the Cook County Court, as a U.S. consumer, Illinois taxpayer, resident homeowner, and U.S. citizen, to demand "Priority" Settlement Payment in excess of $15,000US for All Court Costs, Legal Expenses, and Extraneous Out-of-Pocket charges incurred as Plaintiff Pro Se during the course of legal court proceedings and motorcycle disrepair service maintenance caused by All Employees as Defendants at Champion Cycle Center, Inc. in Chicago.
I am following up for court status in this legal action since April 16-17, 2007, because I have not received any payment, cash reimbursement, refund or written response, mail or correspondence with regards to my constitutional rights for due process and statutory time for civil proceedings for this legal action at the Circuit Court of Cook County, First District. As Plaintiff Pro Se in this legal cause of action, I am demanding Priority Settlement in excess of $15,000US, subject to "wage garnishment" and "lis pendens" of personal assets and property acquired from 2003 through 2007.
I am the Plaintiff Pro Se in this legal cause of action 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, "Res Ipsa Loquitur"; plus reimbursement of all court costs, legal expenses, and extraneous charges incurred in January, February, March, April, and May 2007, during the course of all legal court proceedings, incurred 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, the actual Composite Summary of Discovery Exhibits itemizes and details the Settlement Grand Total amount in the sum of $33,234.25US to include all existing court costs, court fees, Illinois Sheriffs summons, all legal court expenses, legal research, word processing, court filings, court appearances, legal references, and all extraneous out-of-pocket charges for legal stationery, METRA/PACE/CTA transportation, taxies, U.S. mail postage, and miscellanea, incurred and paid by Gardenia C. Hung, as evidence for Damages and Losses to the 2003 Derbi Boulevard 150 CC Motorcycle disrepair caused deliberately, maliciously, and directly to the mechanical, electrical, and functional operating system by Jon Jon, motorcycle mechanic and other employees to date, as Defendants at Champion Cycle Center, Inc. in Chicago, located at 3625 North Western Avenue, Chicago, Illinois 60618 USA, from June 11, 2003 during the course of motorcycle service maintenance for the last (4) four years, in 2004, 2005, 2006, and 2007 inclusive.
For the record, this legal cause for Settlement Action was set for Mandatory Arbitration Hearing last Monday, the 16th day of April, 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 . However, Counsel Robert A. Gornik for the Defendants did not show up on Monday, April 16th, 2007 at the Arbitration Center , 222 North LaSalle Street , 13th Floor, in Chicago , Cook County , Illinois .
Please Take Notice of the following:
1. On March 22, 2007, Gardenia C. Hung, M.A., appeared in person at the Circuit Court of Cook County, First District, in Chicago, Illinois, between 1:30PM and 2PM, on the 15th Floor, Hallway to Room 1501, and found Court Docket Listings thrown on the floor and on the wooden bench, scattered in the hallway, next to Room 1501, outside the door from an empty room where no one was therein. Other witnesses and a single male attorney walked in and out of Room 1501, looking for Court Staff, Personnel, and the Associate Judge who was not there. The posted Docket Court listings indicated Re-Scheduled Arbitration Dates, but Case No. 2006-M1-13467 was not listed or noted for status among those on the afternoon court call for March 22, 2007, presided by Associate Judge Moira S. Johnson, as handwritten by Counsel Robert A. Gornik for the Defendants on a Court Order dated March 13th, 2007. For the record, I, Gardenia C. Hung, M.A. did visit the Circuit Court of Cook County, First District, and appeared in person at Room 1501, Hallway, and surrounding areas between 1:30PM and 2PM, while the courtroom was empty without any Court Staff, Personnel or Judge therein. Neither was Counsel Robert A. Gornik present or seen in person at that time.
2. On Monday, April 16th, 2007, 1:30PM, Gardenia C. Hung, M.A. also appeared, in person, at the Arbitration Center as scheduled since January 29, 2007; however, Counsel Robert A. Gornik, did not show up for the Defendants at 2PM either, as noted. The Arbitration Center Receptionist told me that Case No. 2006-M1-13467 had been "Dismissed and Stricken" by Associate Judge Moira S. Johnson and Law Clerk, without U.S. Constitutional due process and in denial of statutory time for legal court hearing and procedure on March 13, 2007 through March 22, 2007 under Supreme Court Rules and the Illinois Code of Civil Procedure; thus disregarding all of the Plaintiff Pro Se's legal actions involving U.S. Consumer Service Fraud, Breach of Service Contract Warranty, and Product Liability for Damages and Losses to the 2003 Derbi Boulevard 150 CC Motorcycle for Disrepair to the mechanical, electrical, and functional operating system of the motor vehicle itself, "Res Ipsa Loquitur", as noted.
3. Since 2007, when Case No. 2006-M1-13467 was been transferred to Associate Judge Moira S. Johnson in Room 1501, I, Gardenia C. Hung, as Plaintiff Pro Se, have not had an opportunity for U.S. Constitutional due process or Mandatory Arbitration hearing under the Supreme Court Rules of the State of Illinois or the U.S. Constitution, in the Circuit Court of Cook County, First District, in the State of Illinois, Downtown Chicago.
4. Due to Circuit Court of Cook County, First District, noted "Errors and Omissions", as well as Court Staffing concerns for Associate Judge Moira S. Johnson, "Negligence Per Se", and other misdemeanors, this legal action has not been addressed fairly, justly or equitably in Room 1501, only because Counsel Robert A. Gornik for the Defendants is liable for obstruction of justice, perjury, estoppel, non-compliance to Supreme Court Rules of Discovery, non-disclosure, and "Ex Parte" arrangements with Associate Judge Moira S. Johnson, Clerk Nilsa, and court staff under the same court bench, to prevent justice, equity, and fairness to prevail in this legal action ready for settlement in excess of $15,000US.
5. For the record, I, Gardenia C. Hung, as Plaintiff Pro Se, have not received any Cash Rebate from Derbi S.A. or Champion Cycle Center, Inc. in Chicago under the 2003 Emission/Exhaust Control System Defects Warranty, as noted, still in effect for (5) five years, until 2008, from the date of purchase.
6. Please note also that subject to "Negligence Per Se", the 2003 Derbi Boulevard 150 CC Motorcycle overheated excessively for lack of Derbi "coolant" and disrepair maintenance service by Jon Jon and other employees as Defendants in this legal action for consumer service fraud, breach of service warranty, and product liability.
7. Let it be known and reinstated that as Plaintiff Pro Se, I, Gardenia C. Hung, as U.S. consumer, Illinois resident, homeowner, and U.S. citizen, have not received any monetary reimbursement or cash refund as a cash-paying customer from Champion Cycle Center, Inc. in Chicago or Derbi S.A. since 2004 or during 2005, 2006, and 2007, even though I have been paying in cash for All Court Costs, All Court Expenses, and All Extraneous Charges to date, while experiencing financial hardship, family problems, professional work concerns, personal harassment, and home disaster as a Victim of Crime in Chicago and Lombard, Cook County and Du Page County in the State of Illinois, United States of America.
8. Please Take Notice that Defendants at Champion Cycle Center Inc., Service Manager Michael Wolfe, Jose Rivera and others have listed the 2003 Derbi Boulevard 150 CC Motorcycle as a 2002 Derbi brand or Atlantis for Service Parts in the Champion Cycle Center Work Service Order.
9. For public record, I, Gardenia C. Hung, have served as an Illinois Notary Public for the last (20) twenty years, commissioned by the Illinois Secretary of State, formerly in Cook County , and currently in Du Page County, Illinois, United States of America.
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, Jon Jon, Michael Wolf, et al. [BeBe, Jo Jo, 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, J, K, L, and M, 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 Motorcycle 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 in the 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 CONTRACT, 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,
4. EXHIBIT K, JANUARY-FEBRUARY 2007 COURT LEGAL EXPENSES IN THE SUM OF $4,031.US
5. EXHIBIT L, MARCH 2,6, 13, 2007, COURT LEGAL COSTS IN THE SUM OF $2,410.50US
6. EXHIBIT M, MARCH 22, 26, 28, 29, 30TH, 2007, COURT LEGAL EXPENSES IN THE SUM OF $5,434.53US
AND FOR TOTAL SETTLEMENT REMEDY AND RELIEF, AS THIS COURT DEEMS JUST, FAIR, EQUITABLE, AND PROPER IN THIS SETTLEMENT ACTION FOR THE GRAND TOTAL SUM OF $33,234.25US FOR ALL COURT COSTS, LEGAL EXPENSES, AND EXTRANEOUS CHARGES AS CASH EXPENSES INCURRED DURING THE COURSE OF LEGAL SETTLEMENT ACTION, FOR CONSUMER SERVICE FRAUD, BREACH OF SERVICE WARRANTY CONTRACT, PRODUCT LIABILITY AND DISREPAIR SERVICE MAINTENANCE TO THE 2003 DERBI BOULEVARD 150 CC MOTORCYCLE; DURING THE COURSE OF LEGAL ARBITRATION PROCEEDINGS AND TO DATE. AS PLAINTIFF PRO SE I AM DEMANDING JUSTICE, EQUITY, AND FAIRNESS IN THIS LEGAL SETTLEMENT ACTION AGAINST ALL DEFENDANTS AT CHAMPION CYCLE CENTER INC. IN CHICAGO , AT 3625 NORTH WESTERN AVENUE, ILLINOIS 60610 , UNITED STATES OF AMERICA .
Gardenia C. Hung, M.A.
Plaintiff Pro Se, No. 99500
502 S. Westmore Avenue
Post Office 1274
Lombard , Illinois 60148
United States of America
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: May 2nd, 2007
Gardenia C. Hung, M.A.
Cook County , State of Illinois , United States of America