Court Summons

[Court] Summons

To each defendant:

You are hereby summoned and required to appear before this Court at Tazewell County Courthouse, Pekin, Illinois in Room 202 at 2:30pm on April 16, 2012, to answer the complaint in this case, a copy of which is hereto attached. If you fail to do so, judgment by default may be taken against you for the relief asked in the complaint.

Forcible Detainer

The following “Notice to Defendants” shall be affixed to Summons issued by the Clerk in actions for forcible detainer, to-wit:

“a) You are required to personally appear at the time and place specified in the above Summons. If you fail to do so judgment may be entered against you for the relief asked in the complaint filed in this cause.”

Complaint for Forcible entry and Detainer

Now comes the Plaintiff … complaining of the Defendant, Donald Vance, and hereby states as follows:

1. The Plaintiff is the legal owner and entitled to possession of the following described real estate situated in Tazewell County, Illinois:

[legal description of the property given]

This property is located at … , Morton, Illinois 61550.

2. The Plaintiff, through its prior Trustee, allowed the Defendant to reside in the property described in Paragraph 1 without payment of any cash rent in exchange for providing personal services for [person identified].

3. [Person identified] can no longer reside at the property described in Paragraph 1 and thus the Defendant can no longer provide the services that he previously provided.

4. The Defendant no longer provides personal services for [person identified] because she no longer resides in the premises and therefore the prior oral agreement entered into between the Plaintiff and the Defendant has ended.

5. A Notice to Quit, dated December 21, 2011, was served upon the Defendant by … , on January 5, 2012, which service is so indicated by the private detective agency’s return on the face thereof. A copy of said notice is attached hereto, made a part hereof, and designated as Exhibit “A”.

6. Notwithstanding said Notice to Quit, the Defendant has failed to move from the premises, and Plaintiff is entitled to possession of said premises which is being unlawfully withheld from him.

Wherefore, Plaintiff Prays for

A. A judgment and execution for possession of said premises described above and his costs including a Writ of Order directed to the Sheriff to oust the Defendant and give possession to the Plaintiff.

B. For a Judgment in the amount of court costs.

C. For other relief as is just and appropriate.  

My Response to the 30 Day Notice

January 31, 2012

RE: Letter received on January 5, 2012 alleging that I have a debt with the Vance family Living Trust

I believe that there is no basis in fact or logic in either alleged assertions in the above referenced letter. I believe I neither owe a debt to the Vance Family Living Trust nor that the allegation that “You were allowed to occupy the property by [person identified] … for purposes of providing personal assistance to [person identified]” is true, factual, and/or logical. Therefore, I must humbly and respectfully deny both allegations.

I can not in good conscious submit to and/or agree with the above allegations that are neither based in fact or logic. There are only two possibilities. Either I knew that I was “allowed to occupy the property by [person identified] … for purposes of providing personal assistance to [person identified]” or I did not know the same.

I do not particularly want to go to court. I would have preferred to reach an amicable agreement. However, since that did not occur, I can not admit verbally, in writing, and/or by any action that the alleged debt is valid either in basis of fact or logic.

As a Christian, I believe we will all be held accountable for our actions and our words. None of us can hide behind the shield that “I was only doing my job.” I regret that the former trustees have brought additional participants into our private dispute. However, everyone in this situation had and has a choice on whether or not to be involved and to continue to be involved. Therefore, I believe that each of us will be held accountable for our actions and words.

“He who does what is right is righteous, just as he is righteous. He who does what is sinful is of the devil, because the devil has been sinning from the beginning. The reason the Son of God appeared was to destroy the devil’s work. No one who is born of God will continue to sin, because God’ seed remains in him; he cannot go on sinning, because he has been born of God. This is how we know who the children of God are and who the children of the devil are: Anyone who does not do what is right is not a child of God ….” I John 3: 7b-10a (NIV)

I continue to hope that this disagreement may result in a gracious agreement between the two parties. However, that possibility seems less and less likely as the imposed deadline draws near. If I must go to court then I will. If that is the case, I intend to respond in the following manner.

“For you were once darkness, but now you are light in the Lord. Live as children of the light (for the fruit of the light consists in all goodness, righteousness and truth) and find out what pleases the Lord. Have nothing to do with the fruitless deeds of darkness, but rather expose them.” Ephesians 5: 8-11 (NIV) If by some misguided and/or deceitful, devious way, I am evicted from [person identified] home after selflessly caring for [person identified] for over seven years, this will not be over. It will only be the beginning.

I believe these false allegations are an attack upon my personal reputation. I believe these false allegations are an attack upon my personal integrity. Worse yet, I believe these false allegations are an attack upon my [person identified] personal integrity. In two previous letters, I asked several questions in which, in my opinion, no specific answers were provided. I have one final question: Is it unethical to concoct a false set of circumstances to achieve a desired end?

In summary, I continue to hope that this disagreement may result in an amicable agreement between the two parties. However, I can not in all good conscious submit to and/or agree with the above allegations that are neither based in fact nor logic. Nor will I.

Therefore, I categorically deny the false allegations contained within the letter that I received on January 5, 2012. I humbly welcome the opportunity to prove my innocence in relation to these false allegations in whatever forum provided.
Sincerely,

“Demand Letter”

DEMAND LETTER

RE: Demand letter for payment for past services rendered

Thank you for acknowledging in your letter that I received on January 5, 2012 that I have provided services for [person identified] over the last seven and one half years. There was at least one former trustee who erroneously claimed that I did not.

In fact, my services were extensive and lengthy. The services included but were not limited to service as 1) a financial advisor 2) an accountant 3) a tax consultant 4) a de facto trustee 5) a maintenance man for the house and yard 6) a chauffer 7) a grocery shopper 8) a care giver for [person identified] 9) a cook 10) a housekeeper 11) a daily companion 12) the care giver for [person identified]’s cat and 13) a guard and protector of [person identified] and the house. I did these services twenty-four hours a day, seven days a week, for over seven and one half years with no breaks except for two weeks when I went back to Tucson to deal with the estate of the client for whom I was a Trustee. Other than the two weeks away, I was home every night without exception.

The three former trustees as well as the current trustee owner [person identified] certainly know the value of being a guard and protector of [person identified] and the home since [person identified] worked in plant protection—both as a plant guard and in fire protection—for many years. A good night was when nothing happened and all was safe and secure. A bad night was when something happened that required their response. Most of my time as guard and protector were good. But, not all. I almost certainly saved [person identified]’s life when the stove was leaking natural gas because the burner knob did not shut down the gas flow completely. I, and only I, was present from the beginning and involved each and every time an ambulance had to be called and/or [person identified] was taken to the emergency room of the hospital. The first time [person identified] fell at night it was I who let the policeman into the house. I called 911 more than anyone else. [person identified] life was in danger several times and I was always there for [person identified] as guard and protector of the home and [person identified].

Using the very minimum figure of $7.00 per hour for services rendered and 16 hours per day for services provided including guard and protector of the home and/or [person identified], the following compensation for services rendered seems to be the minimum compensation that should be provided:

1^st year: from June 5-December 31, 2004 = 209 days X $7 X 16 hours = $23,408
2^nd year: all year minus 14 days       2005 = 351 days X $7 X 16 hours = $39,312
3^rd year: all year                              2006 = 365 days X $7 X 16 hours = $40,880

4^th year: all year                                           2007 = 365 days X $7 X 16 hours = $40,880

5^th year: all year                                           2008 = 366 days X $7 X 16 hours = $40,992   

6^th year: all year                                           2009 = 365 days X $7 X 16 hours = $40,880   

7^th year: all year                                           2010 = 365 days X $7 X 16 hours = $40,880   

8^th year: all year*                                         2011 = 365 days X $7 X 16 hours = $40,880   

9^th year: January 1-31**                              2012 = 031 days X $7 X 16 hours = $03,472

                                        Total compensation for services rendered due = $311,584      

*consisting of guard and protector of the house after September 4 and some cat care.   

** consisting of guard and protector of the home

Unless I receive the compensation due or we reach a satisfactory settlement of this dispute within fourteen days from the receipt of this letter, I will begin all legal action I believe to be possibly appropriate including but not necessarily limited to:

1) filing a complaint with the Illinois Department of Labor

2) filing a complaint with the U.S. Department of Labor

3) filing a complaint with the U.S. IRS for not withholding FICA and/or not providing a yearly W-2 as required by law for the supposed compensation I received from the trust.

4) contacting the Tazewell County State’s Attorney and/or

5) contacting the Illinois Attorney General for possible fraud and/or theft of services by:

A) [person identified]—trust owner and trustee

B) [person identified]—former trustee

C) [person identified]—former trustee

D) [person identified]—former trustee

Thank you very much.

Sincerely,

Questions Based Upon the January 5, 2012 Letter

“RE: Letter received on January 5, 2012 alleging that I have a debt with the Vance Family Living Trust”

“I believe that before I can adequately respond to the above mentioned letter that certain questions I have need to be answered.

I was a trustee for a client of mine when I lived in Tucson, Arizona. As that trustee, I was involved in a debt dispute with a Bank of America branch bank in Tucson, Arizona. In the process of settling that alleged debt, we received several debt collection letters. Each one of them specifically made reference to the amount of the debt owed. I must confess that I have read and reread the letter received and can not find any mention of the amount of alleged debt that I owe. Therefore my questions, at this time, are:

1) How much is my alleged debt tot the Vance Family Living Trust?

2) How was that amount of alleged debt calculated?

3) At what point of time did the alleged debt begin?

4) What written document(s) and/or verbal agreement(s) established that I took on the alleged debt?

I must confess that I do not know the answers to the above questions. Please enlighten me. And please do so in an expedient manner so that I may make an adequate response to the debt notice within the thirty day time frame presented. Thank you for your assistance.”

E-mail on January 25, 2012

“RE: Letter received on January 5, 2012 alleging that I have a debt with the Vance Family Living Trust”

“I readily admit that I am not an attorney. I readily admit that I do not know the way of lawyers. I must admit that I am at a loss. I asked four specific questions in my letter of January 9, 2012 in response to your letter of my alleged debt and none of your responses, as far as I could tell, specifically answered any of the four questions asked.

I will attempt to clarify if I have this alleged debt by approaching from a different angle and asking another set of questions which hopefully you will be able to give specific answers to in order to help me understand the alleged debt.

Your letter stated that I was ‘allowed to occupy the property by [individual identified] ... for purposes of providing personal assistance to [individual identified].’

1) When did this alleged arrangement first begin—day, month, and year?

2) Was there a written document or a verbal agreement between [individual identified] and me establishing such an alleged arrangement? And if so, when—day, month, and year?

3) Did [individual identified] and/or the former trustees confirm that this was the alleged arrangement at anytime to me or to any other person? And if so, when—day, month, and year?

4) Was this alleged arrangement considered compensation for services rendered? And if so, when did the compensation begin—day, month, and year?

5) Can you just make up things to suit the circumstances you want accomplished?

Thank you for your quick response to this inquiry.”

These questions too were not specifically answered!

Landlord’s Thirty Day Notice

From: McGrath Law Office, P.C.

Landlord’s Thirty Day Notice

December 21, 2011

RE: Termination of your Lease for property located at [address given]

Dear Don:

I am writing to you about this matter. I am the attorney for ATG Trust Company, Successor Trustee of the Vance Family Living Trust. The purpose of this letter is to collect a debt and any information obtained will be used for that purpose. The Notice that you are entitled to under the Fair Debt Collection Practice Act is enclosed. This communication is from a debt collector.

As you know, the Vance Family Living Trust owns the house that you occupy located at [address given]. You were allowed to occupy the property by [individual given], as Trustee of the Trust, for purposes of providing personal assistance to [individual given]. Due to [individual given]’s health she can no longer live at the house. Therefore, she does not need your services. Thank you for providing prior services to [individual given].

You are hereby notified that your Landlord has elected to terminate your Lease and you are hereby notified to quit and deliver up possession of the premises to your Landlord within 30 days after receipt of this notice. The reason your lease is being terminated is because [individual given] no longer needs your help due to the fact that she has moved into a nursing home.

If you have any questions please do not hesitate to contact me. In the event that you do not move out as required, your Landlord may seek a forcible entry and detainer action against you through the Circuit Clerk of Tazewell County without further notice to you. This will only add to your difficulties since your Landlord will then seek a court order to have you evicted a court order for you to pay the court costs. I look forward to your prompt and immediate attention to this matter by moving out within 30 days from your receipt of this notice. Thank you very much.

Very Truly Yours,

[name of the attorney]

Enc. Federal Fair Debt Collection Practice Act

c.c. ATG Trust Company, Attn: [name of an individual]

I decided to leave out some names and addresses. The rest is as received although I left out a few incidental items. I may post tomorrow my responses to this letter. I haven’t decided yet.

Several things:

1) I never had a lease and therefore by definition I could not break a lease.

2) I never had a lease debt so there was never a debt to collect in relation to the lease.

3) I was never “allowed to occupy the property ... for the purposes of providing personal assistance to [individual given].”

4) The letter was received January 5, 2012.

My Letter to the Mass Media Concerning My Eviction

UPDATE:

Last fall, my siblings, along with my brother-in-law, decided to evict me from family property. Monday, the 16^th of April, I have a court date in relation to that eviction at the Tazewell County Court house in Pekin. I will give an account of all those proceedings on my blog-site.

http://christiangunslinger1.blogspot.com

My current plans are to post the Landlord’s Thirty Day Notice on Tuesday, the court summons on Wednesday, and the first day’s proceedings on Thursday. I will then continue forward as events occur and as needed. STAY TUNED! This should be educational!

My complete profile is at http://christiangunslinger.blogspot.com

Tazewell County, Illinois General Assembly, and Illinois Congressional candidates and information links may be found at:

http://christiangunslinger5.blogspot.com

Congressional Candidates I’m supporting may be found at:

http://christiangunslinger7.blogspot.com/

Instead, the following letter will be mailed tomorrow to our local media outlets:

Want an unique human interest story?

In June of 2004, I closed down my business, gave away my car, and moved back to Morton—where I was born and raised—from Tucson, Arizona to care for my … mother. Dad had died the previous year in May of 2003.

During those seven plus years, I did almost everything for Mom. Where Mom was; there I was as her chauffer, assistant, and companion. I was also the de facto Trustee for her Trust handling her financial affairs.

On January 5, 2012, I received a Landlord’s Thirty Day Notice from the new Trustee who had replaced two of my siblings and my brother-in-law. E-mails between the old Trustees concerning this situation may be found at http://christiangunslinger.blogspot.com. The e-mails are the last post on that blog. This letter is posted on one of my new blogs:

http://christiangunslinger3.blogspot.com.

I may be contacted at [one of my e-mail addresses is given]. On October 31^st of last year, the former Trustees cut off my internet access. However, I have been using Morton library computers since then and I normally check my e-mail every day except Sundays. The former Trustees also cut off my phone service so that is not available. The new Trustee confiscated Mom’s vehicle, that I had been using from the beginning, late in January of this year.

I have now received a court summons to appear in court on April 16, 2012 at 2:30pm at the Tazewell Court House, in Pekin, Illinois in Room 202.

Oh, yes! One of the former Trustees—Mel Stanford, my brother-in-law—is an elected Republican member of the Tazewell County Board and is seeking reelection to the Board from District 3. Could it be that the court summons was not pursued until after the March primary election? According to news reports, he came in 6^th out of 8 Republican candidates.

Thank you for your interest, if any, and consideration of this letter.

Sincerely,

Don L. Vance

UPDATE

UPDATE:

Rick Santorum has ended his Presidential campaign effort, therefore I will no longer keep the Republican delegate count on http://christiangunslinger1.blogspot.com Instead, I will provide on going events as a civics lesson on the court system in Illinois.

Last fall, my siblings, along with my brother-in-law, decided to evict me from family property. Monday, the 16^th of April, I have a court date in relation to that eviction at the Tazewell County Court house in Pekin. I will give an account of all those proceedings on my blog-site.

http://christiangunslinger1.blogspot.com

My current plans are to post the Landlord’s Thirty Day Notice on Tuesday, the court summons on Wednesday, and the first day’s proceedings on Thursday. I will then continue forward as events occur and as needed. STAY TUNED! This should be educational!

My complete profile is at http://christiangunslinger.blogspot.com

Tazewell County, Illinois General Assembly, and Illinois Congressional candidates and information links may be found at:

http://christiangunslinger5.blogspot.com

Congressional Candidates I’m supporting may be found at:

http://christiangunslinger7.blogspot.com/