Since I moved to the Village of Lombard, I had several near-death experiences and motor vehicles with mechanical failures leading to accidents on the Illinois roads and highways. There was a bullet hole on the middle window of the Lombard Brick Bungalow facing Washington Boulevard at 502 South Westmore-Meyers Road in the Village of Lombard, York Township, County of DuPage, Illinois, United States of America. My Lombard neighbors residing directly across Washington Boulevard reported criminal access to the Hung-Wittler Family garage after Midnight. Lombard Police Reports support criminal access to the Motor Vehicles owned by the Hung-Wittler Family during their Lombard residency as homeowners and taxpayers at 502 South Westmore-Meyers Road.
When I was working as a Federal Employee Claims Examiner Analyst for the U.S. Department of Labor, Office of Worman’s Compensation, Employment Standards Administration, General Services Administration at 230 South Dearborn Street, Klucynski Building on the 8th Floor, I had a motor vehicle accident while driving the Nissan 200SX near Lawrence Avenue in Chicago, Illinois during October 1991.
As a Lombard Victim of High Crimes at 502 South Westmore-Meyers Road, all my Illinois Motor Vehicles suffered from human sabotage and conspiracy malfunction leading to mechanical failures, damages, and losses which caused accidents on the highway during the course of employment as a Certified Court Interpreter, Translator at the Illinois County Courts, City Courts, and Traffic Courts in Aurora, Addison, Elgin, Joliet, St. Charles, Waukegan, Highland Park, Wheaton, DeKalb, LaSalle, Grundy, Geneva, Chicago, Skokie, and during employment as a Communications Consultant for Arroyave Language Academy in Highland Park and Arlington Heights, Berlitz Schools of Languages, Inlingua School of Languages, as an Adjunct Faculty for the College of DuPage, Business Professional Institute, Center for Independent Learning. The AAA Motor Club and Shell Motor Club provided emergency towing service and assistance on the Illinois highways during Motor Vehicle Failures and Accident. The Illinois State Police have assisted and witnessed the Geo Tracker Rollover Accident I had off the ramp from Route 83, Kingery Hwy, leading to I-90 one evening, on my way to Highland Park for the Arroyave Academy evening class I was teaching, when I returned from Berlin, Germany and London, United Kingdom in Europe. During the rainy drive, the Geo Tracker Brakes failed to stop the motor vehicle driving up the ramp, and steered away from the road, off the highway onto to a water ditch. I could not stop the Geo Tracker from rolling off and driving into the water ditch off the ramp on I-90 and Route 83, Kingery Highway. The Geo Tracker was also stolen from the College of DuPage West Parking Lot by the Police Academy, while I was teaching Spanish for Health Care Professionals at the College of DuPage in Glen Ellyn, as reported by the Glen Ellyn Police Department. I have had Flat Tires before going to work at the College of DuPage. Also, the Geo Tracker had Electrical Failures when the Fuses Blew Out.
Then, when I used the Nissan 200SX, the Front Axle Broke Off and Right Front Tire Drove Off the highway on I-90 off Route 83, Kingery Highway, when I was on my way to the Arroyave Academy evening class I was teaching in Highland Park, Illinois. I had to call for Emergency Towing Service and cancel the last class I was teaching for Guillermo Arroyave Academy of Languages in Highland Park.
I tried to order a Brand New Mercedes SUV from Loeber Motors in Westmont, but the Motor Vehicle Has a Damaged Tire and Axle as an Imported Car from Germany—reported to the German-American Chamber of Commerce in Chicago, Illinois.
Afterwards, I used my Father’s White Mitsubishi Galant which was Damaged and Sabotaged when After Midnight Intruders into the Garage Used Glue Poured on the Engine, which Caused Smoke Leading to a Hole in the Engine Block—I have a Picture of the Hole in the Engine Block after the Mechanic Replaced the Entire Engine Block. The Mitsubishi Galant was permanently damages and given to Bongo’s Towing Service in Villa Park, Illinois.
Later, on May 29 and subsequently during June 2003, I purchased two (2) motorcycles, a Yamaha Zuma and a Derbi Boulevard 150 CC from Julio Aquino and Larry Wolfe at Champion Cycle Center, Inc. paying cash for both purchases. Both, the Yamaha Zuma and the Derbi Boulevard 150 CC suffered from Motorcycle Mechanical Failures at Champion Cycle Center, Inc.
A. MECHANICAL MALFUNCTION. THE 2003 DERBI BOULEVARD 150CC, WITHOUT A FOOT BRAKE, REQUIRES THE MOTORCYCLE DRIVER TO STOP THIS MOTOR VEHICLE WITH BOTH FEET. THE HANDLE BAR BRAKES CONTROL THE CYLINDER DISC BRAKE DRUM WHICH HAS BEEN SCRATCHED, WHILE THE (2) BRAKE PADS HAVE SLIPPED OFF, SLID OFF, CAUSING NOISY SQUEAKING, SHIRRING, AND SCRATCHING ON THE ROAD. IN ADDITION, THE 2003 DERBI BOULEVARD 150CC EMISSION EXHAUST SYSTEM IS STILL UNDER THE DERBI MANUFACTURER’S WARRANTY. THE 2003 DERBI BOULEVARD 150CC HAS BEEN DAMAGED during the course of service by José Rivera, Service Manager, and the assigned mechanic, Jon Jon, due to carelessness, negligence per se, and failure to provide mechanical service for THE emission exhaust SYSTEM and THE welding of (2) two bolts securing the motor, as guaranteed by the DERBI MANUFACTURER’S WARRANTY CONTRACT AND COVERAGE for Emission Exhaust Service (page 18, Derbi Red Power, Boulevard 150 cc., owners’ manual) which “covers class i motorcycle or motorscooter (50-169 cc): for a period of use of five (5) five years or 12,000 kilometers (7,456 miles), whichever first occurs. if an emission-related part on your motorscooter is defective, the part will be repaired or replaced by derbi. this is your emission control system defects warranty”; as well as in the Sales Purchase Agreement provided to the customer, gardenia c. hung, in this legal SETTLEMENT action. THE DERBI WARRANTY SERVICE CONTRACT APPROVED THE EMISSION EXHAUST SERVICE AND WELDING REPAIR ACCORDING JOSE RIVERA, SERVICE MANAGER AT THE CHAMPION CYCLE CENTER, INC. IN CHICAGO. THIS EMISSION EXHAUST SERVICE AND WELDING REPAIR REQUIRED A DETAILED DISASSEMBLY, TO TAKE APART THE ENTIRE DERBI EMISSION EXHAUST AND MOTOR SYSTEM FOR WELDING AND CLEAN UP MAINTENANCE, VERY CAREFULLY DONE BY A CERTIFIED WELDER MECHANIC, OFF-SITE, NOT AT CHAMPION CYCLE CENTER, INC. IN CHICAGO—SINCE DUST, DEBRIS, AND DIRT HAD PENETRATED THE DERBI EXHAUST EMISSION AND MOTOR SYSTEM WHEN JON JON, THE MECHANIC, HAD OVERDRILLED the HOLE FOR THE SECURING BOLTS WHICH HAD BROKEN OFF THE 2003 DERBI BOULEVARD 150CC ON THE ROAD. FOR THE RECORD, DEFERNDANTS AT CHAMPION CYCLE CENTER, INC. IN CHICAGO, FAILED TO PROVIDE THE REQUIRED DERBI EMISSION EXHAUST SERVICE AND WELDING OF THE (2) TWO BOLTS SECURING THE MOTOR AS PROMISED TO THE CONSUMER, PLAINTIFF PRO SE, GARDENIA C. HUNG, IN THIS LEGAL SETTLEMENT ACTION.
b. ELECTRICAL MALFUNCTION. 0N NOVEMBER 11, 2004, THE ELECTRICAL BATTERY IN THE 2003 DERBI BOULEVARD 150CC STOPPED WORKING, DUE TO FRAYED ELECTRICAL WIRES, AND A POWER LEAK DUE TO A CRACKED HOLE AT THE BOTTOM OF THE BATTERY PLATE AND COMPARTMENT UNDER THE SEAT. FURTHERMORE, THE ELECTRICAL FUSES WERE CHANGED AND REPLACED BY THE DEFENDANTS, THAT IS TO SAY JON JON, MECHANIC. AS PROOF, THERE ARE STRIPPED NUT BOLTS SECURING THE BATTERY, DUE TO OVERDRILLING WITH A POWER DRILL USED BY JON JON, DEFENDANTS AT CHAMPION CYCLE CENTER INC. IN CHICAGO. IN ADDITION, THERE IS THE OMISSION OF THE BATTERY PLATE WITH A CRACKED HOLE, WHICH HAS BEEN REMOVED BY THE DEFENDANTS AT CHAMPION CYCLE CENTER, INC. IN CHICAGO DURING 2004, 2005, AND 2006. THE REMOVAL OF THE 2003 DERBI BATTERY PLATE HAS CAUSED WEATHER EXPOSURE AND ENERGY LEAKAGE TO RUST AND PERMANENTLY RUIN THE ELECTRICAL WIRING, BATTERY POSTS, AND 2003 DERBI BOULEVARD 150CC OPERATING SYSTEM.
C. FUNCTIONAL DISREPAIR OF THE 2003 DERBI BOULEVARD 150CC CAUSED BY THE DEFENDANTS AT CHAMPION CYCLE CENTER, INC. IN CHICAGO HAS RENDERED THIS MOTORCYCLE INOPERABLE UNDER THE 625 ILCS 5/1-100 ET SEQ. ILLINOIS VEHICLE CODE. ESSENTIAL PARTS. TO DATE, THIS MOTORCYCLE DOES NOT HAVE THE REQUIRED LEGAL FOOT BRAKE. IT IS STILL MISSING (2) BRAKE PADS WHICH HAVE SLID AND SHIRRED OFF THE DISC DRUM BRAKES. THE 2003 DERBI BOULEVARD 150 NOW HAS A RUSTED BATTERY, WITHOUT A BATTERY PLATE, DAMAGED BATTERY POSTS, FRAYED ELECTRICAL WIRES WITHOUT POWER THROUGHOUT THE MOTORCYCLE TO START THE IGNITION SYSTEM. THE 2003 DERBI BOULEVARD 150CC DOES NOT START OR RUN AS A MOTORCYCLE.
II. CONTENTION OF THE PARTIES
Plaintiff PRO SE claims MECHANICAL, ELECTRICAL, AND FUNCTIONAL damages and losses to the brand new motorcycle Derbi Boulevard 150 and Yamaha Zuma, purchased from Champion Cycle Center, Inc. and sales agent, Julio Aquino, on May 29, 2003, and June 11, 2003. Within (1) one year of purchase, from 2003 through to 2004, the same motorcycle has been extensively damaged mechanically, electrically, and functionally during the course of service by José Rivera, Service Manager, and the assigned mechanic, Jon Jon, due to carelessness, negligence per se, and failure to provide mechanical service for emission exhaust and welding of (2) two bolts securing the motor, as guaranteed by the DERBI MANUFACTURER’S WARRANTY CONTRACT AND COVERAGE for Emission Exhaust Service (page 18, derbi red power, boulevard 150 cc., owners’ manual) which “covers class i motorcycle or motorscooter (50-169 cc): for a period of use of five (5) five years or 12,000 kilometers (7,456 miles), whichever first occurs. if an emission-related part on your motorscooter is defective, the part will be repaired or replaced by derbi. this is your emission control system defects warranty”; as well as in the Sales Purchase Agreement provided to the customer, gardenia c. hung, in this legal action.
plaintiff pro se CONTENDS THAT DEFENDANTS AT CHAMPION CYCLE CENTER, INC. IN CHICAGO ARE LIABLE FOR CONSUMER SERVICE FRAUD, BREACH OF THE DERBI MANUFACTURER’S WARRANTY CONTRACT, AND PRODUCT LIABILITY FOR THE 2003 DERBI BOULEVARD 150 CC, WHICH DEFENDANTS, THAT IS TO SAY, MICHAEL WOLFE, MANAGER, ALSO DOCUMENT AS A PRODUCT DISCREPANCY, LISTING THE SAME MOTORCYLE AS A 2002 DERBI BOULEVARD, OR A MODEL ATLANTIS FOR SERVICE PARTS, IN THE SERVICE REPAIR ORDERS FROM CHAMPION CYCLE CENTER, INC. AS NOTED IN EXHIBITS A AND B.
CASE IN POINT, Plaintiff PRO SE’S chronology for discovery leading to damages and losses involving the derbi boulevard 150 during the course of service in 2003, 2004, 2005, and 2006, based on service work orders by champion cycle center, inc. chicago.
1. May 29, 2003.- Brand new purchase of motorcycle Yamaha Zuma with a Foot Starter Crank from Salesperson, Julio Aquino, on-site.
2. June 11, 2003.- Brand new purchase of motorcycle Derbi Boulevard 150 from Salesperson Julio Aquino, with Derbi Warranty Service, without a foot brake. Returned in exchange Yamaha Zuma.
3. June 30, 2003.- For Derbi Boulevard 150, Oil and Filter Change/Inspection.
4. August 27, 2003.- For Derbi Boulevard 150, Electrical System is Out. No Power.*
5. October 5, 2003.- For Derbi Boulevard 150, Reconnect Speedo, Oil Change, Check
Over Bike.
6. October 17, 2003.- Derbi Boulevard 150, Does Not Start. (Electrical)*
7. October 30, 2003.- Replace Front Turning Signals.
8. November 8, 2003.- Front Headlight Does Not Work. Turns Off on the Road at Night While Driving on the Highway. No Front Headlight.*
9. April 3, 2004.- For Derbi Boulevard 150, Exhaust Bolts Break Off.* Temporary Repair by Jon Jon.
10. April 23, 2004.-“Customer is Informed Vehicle is Not Safe to Drive. Exhaust is Loose and Will Assume Responsibility. Loose Nut Bolt.Exhaust Bolt Broke Off. Mechanic Jon Jon overdrilled nut bolt hole and added a larger nut bolt temporarily. (Not Repaired Fully Under Derbi Warranty Service because the motorcycle had to be sent off-site for extensive repair)*
11. June 11, 2004.- Derbi Warranty Expired.
12. August 6, 2004.- Tune Up/Oil Change Service on-site.
13. September 23, 2004.- Check Headlight. Off. Open Seat. Brakes.
14. October 12, 3004.- Replace Front Brakes, Oil Change, Glue Front Right Signal Light.*
15. November 11, 2004.- Warranty – Exhaust – Screw on Battery. Underseat Plastic.
16. 2005.- Derbi Boulevard 150 Battery is Rusted along the Posts and All Electrical Wires. No Repair Done by Champion Cycle Center, Inc. Chicago. No Notice to Plaintiff by Telephone, Mail or in any way.
17. April 4, 2006.-Plaintiff’s Inspection notes Missing Battery Compartment Underseat Plate has been Removed at the Bottom. On-site Defendants Have Broken Right Turning Signal Light. No Repair Done At All since November 2004. Weather Exposure Outside Has Rusted Battery, Posts & Wires. Derbi Boulevard 150 Motorcycle Does Not Start. It is Inoperable. José Rivera Refuses to Repair this Motorcycle again, though Defendants have Broken the Right Turning Signal Light, On-Site at Champion Cycle Center, Inc. Chicago.
April 11, 2006.- José Rivera Telephoned Plaintiff to Start Charging Storage Fees On-Site for Derbi Boulevard 150, Though Defendants Have Not Repaired the Same as Requested during November 2004.
When I was working as a Federal Employee Claims Examiner Analyst for the U.S. Department of Labor, Office of Worman’s Compensation, Employment Standards Administration, General Services Administration at 230 South Dearborn Street, Klucynski Building on the 8th Floor, I had a motor vehicle accident while driving the Nissan 200SX near Lawrence Avenue in Chicago, Illinois during October 1991.
As a Lombard Victim of High Crimes at 502 South Westmore-Meyers Road, all my Illinois Motor Vehicles suffered from human sabotage and conspiracy malfunction leading to mechanical failures, damages, and losses which caused accidents on the highway during the course of employment as a Certified Court Interpreter, Translator at the Illinois County Courts, City Courts, and Traffic Courts in Aurora, Addison, Elgin, Joliet, St. Charles, Waukegan, Highland Park, Wheaton, DeKalb, LaSalle, Grundy, Geneva, Chicago, Skokie, and during employment as a Communications Consultant for Arroyave Language Academy in Highland Park and Arlington Heights, Berlitz Schools of Languages, Inlingua School of Languages, as an Adjunct Faculty for the College of DuPage, Business Professional Institute, Center for Independent Learning. The AAA Motor Club and Shell Motor Club provided emergency towing service and assistance on the Illinois highways during Motor Vehicle Failures and Accident. The Illinois State Police have assisted and witnessed the Geo Tracker Rollover Accident I had off the ramp from Route 83, Kingery Hwy, leading to I-90 one evening, on my way to Highland Park for the Arroyave Academy evening class I was teaching, when I returned from Berlin, Germany and London, United Kingdom in Europe. During the rainy drive, the Geo Tracker Brakes failed to stop the motor vehicle driving up the ramp, and steered away from the road, off the highway onto to a water ditch. I could not stop the Geo Tracker from rolling off and driving into the water ditch off the ramp on I-90 and Route 83, Kingery Highway. The Geo Tracker was also stolen from the College of DuPage West Parking Lot by the Police Academy, while I was teaching Spanish for Health Care Professionals at the College of DuPage in Glen Ellyn, as reported by the Glen Ellyn Police Department. I have had Flat Tires before going to work at the College of DuPage. Also, the Geo Tracker had Electrical Failures when the Fuses Blew Out.
Then, when I used the Nissan 200SX, the Front Axle Broke Off and Right Front Tire Drove Off the highway on I-90 off Route 83, Kingery Highway, when I was on my way to the Arroyave Academy evening class I was teaching in Highland Park, Illinois. I had to call for Emergency Towing Service and cancel the last class I was teaching for Guillermo Arroyave Academy of Languages in Highland Park.
I tried to order a Brand New Mercedes SUV from Loeber Motors in Westmont, but the Motor Vehicle Has a Damaged Tire and Axle as an Imported Car from Germany—reported to the German-American Chamber of Commerce in Chicago, Illinois.
Afterwards, I used my Father’s White Mitsubishi Galant which was Damaged and Sabotaged when After Midnight Intruders into the Garage Used Glue Poured on the Engine, which Caused Smoke Leading to a Hole in the Engine Block—I have a Picture of the Hole in the Engine Block after the Mechanic Replaced the Entire Engine Block. The Mitsubishi Galant was permanently damages and given to Bongo’s Towing Service in Villa Park, Illinois.
Later, on May 29 and subsequently during June 2003, I purchased two (2) motorcycles, a Yamaha Zuma and a Derbi Boulevard 150 CC from Julio Aquino and Larry Wolfe at Champion Cycle Center, Inc. paying cash for both purchases. Both, the Yamaha Zuma and the Derbi Boulevard 150 CC suffered from Motorcycle Mechanical Failures at Champion Cycle Center, Inc.
A. MECHANICAL MALFUNCTION. THE 2003 DERBI BOULEVARD 150CC, WITHOUT A FOOT BRAKE, REQUIRES THE MOTORCYCLE DRIVER TO STOP THIS MOTOR VEHICLE WITH BOTH FEET. THE HANDLE BAR BRAKES CONTROL THE CYLINDER DISC BRAKE DRUM WHICH HAS BEEN SCRATCHED, WHILE THE (2) BRAKE PADS HAVE SLIPPED OFF, SLID OFF, CAUSING NOISY SQUEAKING, SHIRRING, AND SCRATCHING ON THE ROAD. IN ADDITION, THE 2003 DERBI BOULEVARD 150CC EMISSION EXHAUST SYSTEM IS STILL UNDER THE DERBI MANUFACTURER’S WARRANTY. THE 2003 DERBI BOULEVARD 150CC HAS BEEN DAMAGED during the course of service by José Rivera, Service Manager, and the assigned mechanic, Jon Jon, due to carelessness, negligence per se, and failure to provide mechanical service for THE emission exhaust SYSTEM and THE welding of (2) two bolts securing the motor, as guaranteed by the DERBI MANUFACTURER’S WARRANTY CONTRACT AND COVERAGE for Emission Exhaust Service (page 18, Derbi Red Power, Boulevard 150 cc., owners’ manual) which “covers class i motorcycle or motorscooter (50-169 cc): for a period of use of five (5) five years or 12,000 kilometers (7,456 miles), whichever first occurs. if an emission-related part on your motorscooter is defective, the part will be repaired or replaced by derbi. this is your emission control system defects warranty”; as well as in the Sales Purchase Agreement provided to the customer, gardenia c. hung, in this legal SETTLEMENT action. THE DERBI WARRANTY SERVICE CONTRACT APPROVED THE EMISSION EXHAUST SERVICE AND WELDING REPAIR ACCORDING JOSE RIVERA, SERVICE MANAGER AT THE CHAMPION CYCLE CENTER, INC. IN CHICAGO. THIS EMISSION EXHAUST SERVICE AND WELDING REPAIR REQUIRED A DETAILED DISASSEMBLY, TO TAKE APART THE ENTIRE DERBI EMISSION EXHAUST AND MOTOR SYSTEM FOR WELDING AND CLEAN UP MAINTENANCE, VERY CAREFULLY DONE BY A CERTIFIED WELDER MECHANIC, OFF-SITE, NOT AT CHAMPION CYCLE CENTER, INC. IN CHICAGO—SINCE DUST, DEBRIS, AND DIRT HAD PENETRATED THE DERBI EXHAUST EMISSION AND MOTOR SYSTEM WHEN JON JON, THE MECHANIC, HAD OVERDRILLED the HOLE FOR THE SECURING BOLTS WHICH HAD BROKEN OFF THE 2003 DERBI BOULEVARD 150CC ON THE ROAD. FOR THE RECORD, DEFERNDANTS AT CHAMPION CYCLE CENTER, INC. IN CHICAGO, FAILED TO PROVIDE THE REQUIRED DERBI EMISSION EXHAUST SERVICE AND WELDING OF THE (2) TWO BOLTS SECURING THE MOTOR AS PROMISED TO THE CONSUMER, PLAINTIFF PRO SE, GARDENIA C. HUNG, IN THIS LEGAL SETTLEMENT ACTION.
b. ELECTRICAL MALFUNCTION. 0N NOVEMBER 11, 2004, THE ELECTRICAL BATTERY IN THE 2003 DERBI BOULEVARD 150CC STOPPED WORKING, DUE TO FRAYED ELECTRICAL WIRES, AND A POWER LEAK DUE TO A CRACKED HOLE AT THE BOTTOM OF THE BATTERY PLATE AND COMPARTMENT UNDER THE SEAT. FURTHERMORE, THE ELECTRICAL FUSES WERE CHANGED AND REPLACED BY THE DEFENDANTS, THAT IS TO SAY JON JON, MECHANIC. AS PROOF, THERE ARE STRIPPED NUT BOLTS SECURING THE BATTERY, DUE TO OVERDRILLING WITH A POWER DRILL USED BY JON JON, DEFENDANTS AT CHAMPION CYCLE CENTER INC. IN CHICAGO. IN ADDITION, THERE IS THE OMISSION OF THE BATTERY PLATE WITH A CRACKED HOLE, WHICH HAS BEEN REMOVED BY THE DEFENDANTS AT CHAMPION CYCLE CENTER, INC. IN CHICAGO DURING 2004, 2005, AND 2006. THE REMOVAL OF THE 2003 DERBI BATTERY PLATE HAS CAUSED WEATHER EXPOSURE AND ENERGY LEAKAGE TO RUST AND PERMANENTLY RUIN THE ELECTRICAL WIRING, BATTERY POSTS, AND 2003 DERBI BOULEVARD 150CC OPERATING SYSTEM.
C. FUNCTIONAL DISREPAIR OF THE 2003 DERBI BOULEVARD 150CC CAUSED BY THE DEFENDANTS AT CHAMPION CYCLE CENTER, INC. IN CHICAGO HAS RENDERED THIS MOTORCYCLE INOPERABLE UNDER THE 625 ILCS 5/1-100 ET SEQ. ILLINOIS VEHICLE CODE. ESSENTIAL PARTS. TO DATE, THIS MOTORCYCLE DOES NOT HAVE THE REQUIRED LEGAL FOOT BRAKE. IT IS STILL MISSING (2) BRAKE PADS WHICH HAVE SLID AND SHIRRED OFF THE DISC DRUM BRAKES. THE 2003 DERBI BOULEVARD 150 NOW HAS A RUSTED BATTERY, WITHOUT A BATTERY PLATE, DAMAGED BATTERY POSTS, FRAYED ELECTRICAL WIRES WITHOUT POWER THROUGHOUT THE MOTORCYCLE TO START THE IGNITION SYSTEM. THE 2003 DERBI BOULEVARD 150CC DOES NOT START OR RUN AS A MOTORCYCLE.
II. CONTENTION OF THE PARTIES
Plaintiff PRO SE claims MECHANICAL, ELECTRICAL, AND FUNCTIONAL damages and losses to the brand new motorcycle Derbi Boulevard 150 and Yamaha Zuma, purchased from Champion Cycle Center, Inc. and sales agent, Julio Aquino, on May 29, 2003, and June 11, 2003. Within (1) one year of purchase, from 2003 through to 2004, the same motorcycle has been extensively damaged mechanically, electrically, and functionally during the course of service by José Rivera, Service Manager, and the assigned mechanic, Jon Jon, due to carelessness, negligence per se, and failure to provide mechanical service for emission exhaust and welding of (2) two bolts securing the motor, as guaranteed by the DERBI MANUFACTURER’S WARRANTY CONTRACT AND COVERAGE for Emission Exhaust Service (page 18, derbi red power, boulevard 150 cc., owners’ manual) which “covers class i motorcycle or motorscooter (50-169 cc): for a period of use of five (5) five years or 12,000 kilometers (7,456 miles), whichever first occurs. if an emission-related part on your motorscooter is defective, the part will be repaired or replaced by derbi. this is your emission control system defects warranty”; as well as in the Sales Purchase Agreement provided to the customer, gardenia c. hung, in this legal action.
plaintiff pro se CONTENDS THAT DEFENDANTS AT CHAMPION CYCLE CENTER, INC. IN CHICAGO ARE LIABLE FOR CONSUMER SERVICE FRAUD, BREACH OF THE DERBI MANUFACTURER’S WARRANTY CONTRACT, AND PRODUCT LIABILITY FOR THE 2003 DERBI BOULEVARD 150 CC, WHICH DEFENDANTS, THAT IS TO SAY, MICHAEL WOLFE, MANAGER, ALSO DOCUMENT AS A PRODUCT DISCREPANCY, LISTING THE SAME MOTORCYLE AS A 2002 DERBI BOULEVARD, OR A MODEL ATLANTIS FOR SERVICE PARTS, IN THE SERVICE REPAIR ORDERS FROM CHAMPION CYCLE CENTER, INC. AS NOTED IN EXHIBITS A AND B.
CASE IN POINT, Plaintiff PRO SE’S chronology for discovery leading to damages and losses involving the derbi boulevard 150 during the course of service in 2003, 2004, 2005, and 2006, based on service work orders by champion cycle center, inc. chicago.
1. May 29, 2003.- Brand new purchase of motorcycle Yamaha Zuma with a Foot Starter Crank from Salesperson, Julio Aquino, on-site.
2. June 11, 2003.- Brand new purchase of motorcycle Derbi Boulevard 150 from Salesperson Julio Aquino, with Derbi Warranty Service, without a foot brake. Returned in exchange Yamaha Zuma.
3. June 30, 2003.- For Derbi Boulevard 150, Oil and Filter Change/Inspection.
4. August 27, 2003.- For Derbi Boulevard 150, Electrical System is Out. No Power.*
5. October 5, 2003.- For Derbi Boulevard 150, Reconnect Speedo, Oil Change, Check
Over Bike.
6. October 17, 2003.- Derbi Boulevard 150, Does Not Start. (Electrical)*
7. October 30, 2003.- Replace Front Turning Signals.
8. November 8, 2003.- Front Headlight Does Not Work. Turns Off on the Road at Night While Driving on the Highway. No Front Headlight.*
9. April 3, 2004.- For Derbi Boulevard 150, Exhaust Bolts Break Off.* Temporary Repair by Jon Jon.
10. April 23, 2004.-“Customer is Informed Vehicle is Not Safe to Drive. Exhaust is Loose and Will Assume Responsibility. Loose Nut Bolt.Exhaust Bolt Broke Off. Mechanic Jon Jon overdrilled nut bolt hole and added a larger nut bolt temporarily. (Not Repaired Fully Under Derbi Warranty Service because the motorcycle had to be sent off-site for extensive repair)*
11. June 11, 2004.- Derbi Warranty Expired.
12. August 6, 2004.- Tune Up/Oil Change Service on-site.
13. September 23, 2004.- Check Headlight. Off. Open Seat. Brakes.
14. October 12, 3004.- Replace Front Brakes, Oil Change, Glue Front Right Signal Light.*
15. November 11, 2004.- Warranty – Exhaust – Screw on Battery. Underseat Plastic.
16. 2005.- Derbi Boulevard 150 Battery is Rusted along the Posts and All Electrical Wires. No Repair Done by Champion Cycle Center, Inc. Chicago. No Notice to Plaintiff by Telephone, Mail or in any way.
17. April 4, 2006.-Plaintiff’s Inspection notes Missing Battery Compartment Underseat Plate has been Removed at the Bottom. On-site Defendants Have Broken Right Turning Signal Light. No Repair Done At All since November 2004. Weather Exposure Outside Has Rusted Battery, Posts & Wires. Derbi Boulevard 150 Motorcycle Does Not Start. It is Inoperable. José Rivera Refuses to Repair this Motorcycle again, though Defendants have Broken the Right Turning Signal Light, On-Site at Champion Cycle Center, Inc. Chicago.
April 11, 2006.- José Rivera Telephoned Plaintiff to Start Charging Storage Fees On-Site for Derbi Boulevard 150, Though Defendants Have Not Repaired the Same as Requested during November 2004.
In the Village of Lombard, I had to engage the local mechanics for service repair and maintenance at Firestone Cassidy Tire and Auto Service at 444 West Roosevelt Road, Lombard Auto Shop on Main Street and Madison Street, Westmore Towing Services, Nuts and Bolts Auto Repair at 333 South Main Street, Midas Muffler Auto Service at 832 East Roosevelt Road, and other Illinois Body & Fender Auto Repair Shops.
When I moved to the Village of Lombard during September 1993, the Hung-Wittler Family had four (4) Motor Vehicles which have been damaged, deliberately sabotaged by humans, and disabled after midnight at the garage for 502 South Westmore-Meyers Road and Washington Boulevard. Although I still drive, I no longer have any Motor Vehicles in the Village of Lombard due to Conspiracy, Sabotage, Mechanical Failure, Damages and Losses at 502 S. Westmore-Meyers Road. The Village of Lombard owes Compensation for Motor Vehicles Damages and Losses to the Surviving Family of Mr. Roberto Hung, daughter, and son-in-law Nathan S. Wittler as Illinois Victims of High Crimes in York Township, County of DuPage, Illinois, U.S.A.
When I moved to the Village of Lombard during September 1993, the Hung-Wittler Family had four (4) Motor Vehicles which have been damaged, deliberately sabotaged by humans, and disabled after midnight at the garage for 502 South Westmore-Meyers Road and Washington Boulevard. Although I still drive, I no longer have any Motor Vehicles in the Village of Lombard due to Conspiracy, Sabotage, Mechanical Failure, Damages and Losses at 502 S. Westmore-Meyers Road. The Village of Lombard owes Compensation for Motor Vehicles Damages and Losses to the Surviving Family of Mr. Roberto Hung, daughter, and son-in-law Nathan S. Wittler as Illinois Victims of High Crimes in York Township, County of DuPage, Illinois, U.S.A.
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