Motion to Show Cause why Sanctions should not be entered against Attorneys Stern and Schmeidel

PLEASE READ OUR DISCLAIMER REGARDING PLEADINGS I HAVE DRAFTED FOR THIS WEBSITE.  IT IS AT THE TOP OF THIS PAGE–CLICK DISCLAIMERS

Gloria, this is dedicated to your bravado today in court.
You go girl!

Atty: Pro Se
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

NOTICE OF  MOTION
To: See attached service list:

Please take notice, that on October 3, 2012, at 2:00 p.m. the undersigned will appear before the Honorable Judge Maureen E. Connors 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 MOTION TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ENTERED FOR PERJURY AGAINST PETER SCHMEIDEL AND ADAM STERN, and true and correct copes of which are attached hereto and served upon you.
RESPECTFULLY SUBMITTED,

_______________________________
Gloria Sykes, Daughter of Respondent
Pro Se
Prepared By:
Gloria J Sykes, Pro Se
6014 N Avondale Ave
Chicago, IL 60631
ph 733-910-3310
email gloami@msn.com

Atty: pro se

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

MOTION TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ENTERED FOR PERJURY AGAINST PETER SCHMEIDEL AND ADAM STERN
NOW COMES Gloria J. Sykes, daughter and interested party in the above proceeding and respondent to a Motion for a Petition to Partition in the above proceeding, (“Gloria”) as it relates to the above Guardianship Estate of  Mary G. Sykes (“Mary”) filing this motion pro se,  and respectfully moves this honorable court to Show Cause why these two attorneys should not be sanctioned for making false, and blatantly misleading statements to the court, namely: 1) that Gloria’s Motion to Dismiss for Lack of Jurisdiction (Soldini) was heard and denied by the court numerous times; and 2) Gloria’s Witnesses and Testimony to be heard in relation to her Probate Proceeding have been stricken by prior order of court when in fact they have not.
The facts relating to this motion are as follows:

FACTS:

1.    On August 16, 2012, between 2:00 pm and 4:30 pm, a hearing was to be held concerning invalidating the apportionment of property held jointly between Mary and Gloria located at 6014 N. Avondale Ave. in Chicago, Illinois.  While the entire family agrees (except for the Plenary Guardian) that this house fully and rightfully belongs to Gloria, and Mary’s name was added as a testamentary convenience, the plenary guardian, Carolyn Toerpe, has filed, and this court has wrongfully entertained a Motion for Partition AND a Motion to invalidate an apportionment agreement dating back to August 2008 and embodied in a court order.
2.    The time to attack a judgement and a court order is two (2) years as set forth in § 1401 of the Illinois Probate Code.
3.    In August of 2010 during a hearing, Judge Connors said she did not have to follow Illinois procedure and she could invalidate another courts’ judgements–referring to this court order.  Judge Connors said she did not have to follow § 1401 of the Illinois Code of Civil Procedure relating to the attack upon a judgment.
4.    Dr. Shaw, accordingly, was called to testify on August 16, 2012 as a continuing witness in these matters.  Gloria was to cross examine his testimony–which she did.
5.    Prior to the testimony of Dr. Shaw, Gloria brought an Emergency Motion to Dismiss the above proceeding for lack of jurisdiction under the Sodini case.
6.    The court heard argument, first asking Adam Stern, Guardian ad Litem as to his comments on the motion and he replied that the court had heard this matter “numerous times” and denied any lack of jurisdiction “numerous times.”
7.    Then court then asked Peter Schmeidel, attorney for the Plenary Guardian as to his comment on the motion, and he agreed with Attorney Stern that not only had the court heard this matter “numerous times” and denied any lack of jurisdiction “numerous time” BUT he even argued it on appeal and it was denied by the appellate court.
8.    Gloria repeatedly tried to make her argument that both were lying, there are no court orders that any Motions to Dismiss for Lack of Jurisdiction were heard or were ever denied, that her appeal was dismissed not on the grounds, but for brief formatting errors (section 341 compliance)–but the court cut her off quickly each time telling her to shush up and “not speak”.
9.    During this same proceeding before, during and after the testimony of Dr. Shaw, Peter Schmeidel made continuing comments that “Gloria was barred by court order to present her witnesses and testimony” when in fact that was not true.
10.    Gloria’s attorney friend, JoAnne Denison (Attorney Denison), then went downstairs to the Probate Files records office and requested and obtained copies of all court orders dating from January of 2011 to present, paid $21.75, obtained a receipt, and handed it to Gloria who then presented it to the court, challenging Peter Schmeidel AND GAL Adam Stern to find copies of the court orders they asserted to the court existed regarding striking Gloria’s witnesses and exhibits and the numerous denials of Motions to Dismiss based upon lack of Jurisdiction (Sodini notices) .
11.    Attorney Denison in the hall outside the court, again challenged the two and both refused her challenge to find the court orders Schmeidel and Stern told the court existed.  Atty Stern claimed he would find the order barring Gloria’s witnesses and testimony.  Atty Denison warned him it wasn’t in the imaging official records and he had better not mock something up or she will figure it out.
WHEREFORE, it is respectfully submitted that both GAL Adam Stern and Attorney Peter Schmeidel be brought before this honorable court and be sanctioned for blatantly and unrepentantly making false, misleading and completely untruthful statements to this honorable court, thereby severely prejudicing and obstructing justice in the above proceeding as it relates to Ms. Gloria Sykes.
Ms. Sykes also respectfully requests that a hearing be promptly set on her Motion to Dismiss/NonSuit for lack of Jurisdiction because no Soldini notices were ever served upon Mary’s elderly sisters, Josephine and Yolanda and that GAL Stern be directed to subpoena Josephine to court because she is currently afraid if she “takes the wrong side” like Yolanda, Gloria and numerous other family members the GAL’s will not let her see Mary again.

The pack of Orders obtained together with the time stamped receipt are attached hereto as exhibit A.

Because it is believed that Adam Stern, Cynthia Farenga and Carolyn Toerpe’s attorneys have interferred with the production of transcripts in the above case (someone is doing this, because they simply cannot be ordered and transcribed to date), a bystander’s report as to the above is attached hereto witnesses by Attorney Denison, Ms. Gloria Sykes and Mr. Scott Evans in support of this motion.

It is further noted that approximately 80% of the court’s file is missing, including 13 large volumes of appellate record which were sent back to the trial court in March 2012.  It is respectfully requested that an order be issued requiring all attorneys (including Ms. Denison and Mr. Ditkowsky) meet with their files and records and the entire file be reconstructed and then imaged by Files Department).  Much injustice is being done in this case because the file has been professional “cleansed.”  While the miscreants say it is Gloria, the reality is, Gloria is helping with a blog located at http://www.marygsykes.com where all transcripts and records are published. So if Gloria is helping and participating there and this blog is publishing the pleadings, transcripts and orders, it makes no sense to accuse her.

RESPECTFULLY SUBMITTED,

_______________________________
Gloria Sykes, Daughter of Respondent
Pro Se
Prepared By:
Gloria J Sykes, Pro Se
6014 N Avondale Ave
Chicago, IL 60631
ph 733-910-3310
email gloami@msn.com

CERTIFICATE OF SERVICE
The undersigned herewith certifies that a copy of the foregoing Pleading entitled “Motion to Terminate the Plenary Guardianship” and Appearance were served upon the following parties as noted on December 14, 2009:
To:

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

Mr. Peter Schmeidel
Fischel and Kahn Ltd
190 S. LaSalel St, Ste 2830
Chicago, IL 60603
via email and first class mail, postage prepaid

Ms. Cynthia Farenga
1601 Sherman Ave, #200
Evanston, IL 60201 via email and first class mail, postage prepaid

___________________________

 

Exhibit A–The challenge to find the alleged court orders.

All orders from Jan 2011 to present, including dated receipt.

https://docs.google.com/open?id=0B6FbJzwtHocwRmhldlZPcmVHV2M

https://docs.google.com/open?id=0B6FbJzwtHocwRmhldlZPcmVHV2M

And note that while in about July 2012 it says Gloria’s witnesses and exhibits are barred, there was no prior court order to that effect.  I was there in July and PS was lying when he put that in that order too!  Gloria tried to tell the court that, but she again was sushed up and told “not to speak”

 

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