NOW COMES the defendant, by pro se, and moves this Court to dismiss this case pursuant to The Constitution of the United States of America, Amendment 9 and in support thereof states as follows:

1. That the defendant presently is charged with the offense of harassment by telephone, 720 ILCS 135/1-1.
2. That the defendant, in a Wrongful Termination and Breach of Contract dispute with the complainant, Adam C. Maclean, has the right to seek an out-of-court-settlement -- and without the aid of an attorney -- with complainant and each of his business' existing, former and future owners, officers, managers, employees, representatives, agents and affiliates.
3. Whereas complainant terminated the defendant and did not pay the defendant her already earned commissions (amount will be in dispute: complainant will say $2,000.00; defendant will say $100,000.00), earned vacation pay, earned salesmen's awards, and out of pocket expenses. These earnings and figures can be proved by witnesses and complainant's business records at Wrox Press, 29 S. LaSalle, Chicago, Illinois 60603.
4. Whereas complainant committed a breach of contract against the defendant in his termination of her. The contract was "build a model for this (then non-existing) Academic Department of Wrox Press (complainant's business) and then YOU can build more if it's successful, and share in the monetary rewards in an equitable manner". Defendant was successful in building this model, provable by the fact Wrox still operates the Academic Department that the defendant built from scratch with little to no input from complainant at the building stages, all provable by witnesses and complainant's business records. "Your Department is as big as Trade (a then $13 million Department)", complainant told defendant shortly before terminating her. "Who are you kidding? It's bigger," defendant told complainant in response. Complainant shortly thereafter terminated the defendant for resisting a takeover of her Department at the moment it showed its profits, to be taken over by Amy Greenman, complainant's fiancé that he had known for three months or Amy Greenman's and complainant's other candidate. No reasonable person of defendant's age of 45 years old, now 47, would have agreed to build an entire Department for a business at $38,000 a year, which was defendant's then compensation -- a salary level for administrators, not entrepreneurs -- if the contract were: upon success, you will be removed.

Wherefore the defendant asks that the above charge be dismissed against the defendant, filing this motion in a reasonable time after arraignment as a pro se defendant, and;

wherefore the defendant asks for latitude in pleadings and procedures as a pro se defendant as in the doctrine from Picking v. Penn Railway, 151 F2d 240, and;

wherefore the defendant also asks for expense damages from complainant in the amount of: $280.00 for legal research materials and miscellaneous expenses related to her defense such as travel, postage and photo copies and an additional amount of $2,400.00 for pro se fees in that defendant spent at least 80 hours in legal research and preparation, for a total of $2,680.00.