For Cynthia Farenga–Motion to Dismiss/Non Suit for Lack of Sodini Jurisdiction

Dear Readers;

Below inline and via a link you can find the entitled motion I sent to Cynthia today.

We are all hoping she will file this motion and do the right thing.

If it were me, I would hate to do it, but I would do it.  I have had to do this before, and it’s a killer thing to do, but an atty has to explain to the client why s/he will dismiss for lack of jurisdiction, and then do it.

It’s horrible.  It’s a do over or start again, but it MUST be done.

Let’s wait and see what happens.  If she does it, it will most likely be the end of this blog.

JoAnne

PS – if Cynthia does not do it, I will send another to Gloria and then to Kathy and then to whomever is an “interested party” to attack that jurisdiction.  This is a serious, constitutional, due process flaw in the case ab initio.

PPS – the link:

https://docs.google.com/open?id=0B6FbJzwtHocwTmJQdU5IU1dPYkU

https://docs.google.com/open?id=0B6FbJzwtHocwTmJQdU5IU1dPYkU

link to exhibits:

https://docs.google.com/open?id=0B6FbJzwtHocwbE9CQmNhelBnQjg

https://docs.google.com/open?id=0B6FbJzwtHocwbE9CQmNhelBnQjg

Attorney Code _____________

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, PROBATE DIVISION

In Re the Estate of

Mary G. Sykes,
An Alleged Disabled

No.: 09 P 4585
Hon. Jane Louise Stuart

NOTICE OF EMERGENCY MOTION
To: See attached service list:

Please take notice, that on _August 1, 2012, the undersigned will appear before the Honorable Judge Jane Louis Stuart or any judge sitting in her stead in the courtroom usually occupied by her in Room 1814 of the Richard J Daley Center, Chicago, Illinois, and present the attached EMERGENCY MOTION TO DISMISS/NON SUIT FOR LACK OF SODINI JURISDICTION, and true and correct copes of which are attached hereto and served upon you.

RESPECTFULLY SUBMITTED,

_______________________________
Cynthia Farenga
Guardian Ad Litem
Prepared By:

Cynthia R. Farenga
1601 Sherman Ave, Suite 200
Evanston, IL 60201
Phone 847 475-1300
Fax 847 866 8885
cfarenga@comcast.net
Attorney Code #14,867

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, PROBATE DIVISION

In Re the Estate of

Mary G. Sykes,
An Alleged Disabled

No.: 09 P 4585
Hon. Jane Louise Stuart

EMERGENCY
MOTION TO DISMISS/NON SUIT FOR LACK OF SOLDINI
JURISDICTION/LACK OF PROPER NOTICE OF HEARING ON
PETITION FOR GUARDIANSHIP

This motion is brought by Guardian ad Litem Cynthia Farenga (“Farenga”) pursuant to Probate Code 735 755 ILCS § 5/11a(f) requiring written Notice for any Hearing on Guardianship be provided by the Petitioner in the matter to all close relatives (as defined by the Probate Act) and served no less than 14 days in advance of the hearing.  The onE and only necessary ground for this motion is that Petitioner, Carolyn Toerpe, and her attorneyS of record, failed to serve ANY close relatives as required under this Probate Code section with ANY written form of notice 14 days in advance of the hearing date, as declared in the attached pleadings recently brought to my attention.
The grounds for this motion are:
1.      The Illinois Probate Act 755 ILCS § 5/11a:
(f) Notice of the time and place of the hearing shall be given by the petitioner by mail or in person to those persons, including the proposed guardian, whose names and addresses appear in the petition and who do not waive notice, not less than 14 days before the hearing.  755 ILCS § 5/11a. (Emphasis added).
2.     The Illinois Probate Act define the required notice be served upon adult children     and siblings of the Respondent.  In the above case, Mary G. Sykes has two adult     sisters, Ms. Yolanda Bakken and Ms. Josephine DiPietro, as well as a daughter     Gloria Sykes who should have been served under 755 ILCS § 5/11a.
3.     Attached is a declaration, Exhibit A, from one of the elder sisters, Ms. Bakken,     attesting to the fact that she was not served in accordance with 755 ILCS § 5/11a     (f).
4.     Attached hereto is a second declaration, Exhibit B, from the adult daughter Ms.     Gloria Sykes (“Gloria”) attesting to the fact that she was not served any Notice of     Hearing on Petition as provided for in 755 ILCS § 5/11a(f).
1.     The case, In re Sodini, (cite) (Exhibit C, hereto), makes it clear that these notices are     jurisdictional in nature and must be served strictly in compliance with the procedure     set forth by the Illinois State Legislature.  In Sodini, the adult sisters were not served with proper notice and the case was dismissed for want of jurisdiction.  (Cite).

2.     WHEREFORE, I respectfully request that
a.     The above cause of action be dismissed/non suited for lack of jurisdiction;
b.     All orders, including an Order to invalidate Ms. Gloria Sykes’ Power of Attorney be voided Ab Initio.
c.     All orders freezing Gloria’s assets be voided Ab Initio
d.     Mary be allowed to freely return to her home.
e.     Carolyn Toerpe be barred from conducting any mental or psychological examination on Mary G. Sykes.
f.     Carolyn Toerpe be permanently barred from ever filing an Illinois CCP 211 or its equivalent until further order of the court and for good cause shown, bearing in mind she instigated, continued and fomented a Probate Cause lacking jurisdiction since December 7, 2009 or nearly three (3) years, causing great harm, stress and hardship to Mary G. Sykes and her immediate family;
g.     And for any additional relief and remedies deemed proper by this honorable court.

RESPECTFULLY SUBMITTED,

_______________________________
Cynthia Farenga, GAL to Mary G. Sykes

Prepared By:
Cynthia R. Farenga
1601 Sherman Ave, Suite 200
Evanston, IL 60201
Phone 847 475-1300
Fax 847 866 8885
cfarenga@comcast.net

CERTIFICATE OF SERVICE

The undersigned herewith certifies that a copy of the foregoing Pleading entitled MOTION TO DISMISS/NON SUIT FOR LACK OF SOLDINI JURISDICTION/LACK OF PROPER NOTICE OF HEARING ON PETITION FOR GUARDIANSHIP was served upon the following parties on this ___ day of July, 2012 by the methods noted below:

Mr. Adam M. Stern
111 W Washington St, #1861
Chicago, IL 60602 via USPS first class mail (postage prepaid) and email

Mr. Peter Schmeidel
Ms. Deborah Soehlig
Fischel & Kahn Ltd
190 S. La Salle St, E 2850
Chicago, IL 60603
via USPS first class mail (postage prepaid) and email

Ms. Gloria Sykes
6014 N. Avondale Ave
Chicago, IL 60631 via USPS first class mail (postage prepaid) and email

___________________________
Cynthia R Farenga

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