From Atty KDD — what has happened to our Bill of Rights

Seen on a T shirt for the holidays “I read the Constitution, it has great articles!”

From Ken:

Subject: Re: Fw: Fw: Fw: [NASGAmembers] [New post] From Lisa Belanger in Mass. Her struggle to protect her father

In the Sykes case, Ms. Farenga, Mr. Stern, and the plenary guardian have not put in for any fees.    It is now three years!    Adam Stern ‘for free’ spend dozens of hours prosecuting a Rule 137 motion against me knowing that the Probate Court had no jurisdiction and that any order that he could hoodwink a judge into entering would be reversed on Appeal.   Cynthia Farenga has spent hundreds of hours examining the “probate shark, Nasga, and your (marygsykes.com) blogs so that she could supply with Ms. Black with writings that depict the fact that you and I have been calling for an investigation of the terrible violations of civil and human rights that Mary Sykes has suffered.     Indeed, even Peter Schmiedel has contributed to fiasco.    Each of the aforesaid attorneys have spend hundreds of uncompensated hours so keep the ‘ball in the air’ so that a Probate Court Judge was not directly confronted with either having to refer the 42 USCA 1983 violation to the United States Attorney and/or the States Attorney of Cook County or over-rule the Appellate Court decision in Sodini.    These attorneys have not presented any substantial fee petitions for all their services to the Estate in protecting it from having to address the fact that Gloria Sykes protestations have merit and that a million dollars in gold coins was never inventoried!*    Thus, if we use precedent the attorney acting for $5 dollars an hour my be getting too much!    Farenga/Stern/Schmiedel are doing it for nearly free!
 
I sent you by a separate cover a short essay
 
What happened to the Bill of Rights?
Title XI a of the Probate Court is a comprehensive legislative plan for the protection of the liberty, property, civil rights, and human rights of a person who is allegedly disabled.    The First Ten Amendments of the Constitution are the ‘core’ of Americana.    The Illinois Constitution of 1970 is a State reiteration of commitment of the State of Illinois to the Bill of Rights and 735 ILCS 110 et seq. is a more recent affirmation. 
 
The Probate Court is a Court of limited jurisdiction.    It is not intended to be a ‘super court!’ Thus, 755 ILCS 5/11a – 1 et seq.  grants the jurisdiction to the Probate  Court to address limited issues, and the legislature by using the word “shall” mandates the maximum protection for the alleged incompetent.    Section 11a -3 mandates venue.   Section 8 determines what must be in the petition.   Section 10,11 (Jurisdiction) mandates jurisdictional criterion.      Section 17,18 mandate the procedure and limitations on the guardians and their activities.     The protection of the liberty rights of the alleged incompetent is the clear focus of the Legislation.
 
Unlike the mortgage foreclosure situation and the appointment of a receiver,   the Rules are strict and unbending.   Discretion that affects the Liberty right of an alleged incompetent is severely limited by due process requirement  (proper notice and hearing).   The hearing process is intended to be procrustean so that a ‘ward’ is not ‘willy/nilly deprived of the valuable liberty right.   Thus, after the petitioner seeking to declare a person disabled or incompetent proves the fact by clear and convincing evidence the incompetency and the degree thereof,  the guardian is limited to performing only the actions that the disabled person would have performed, and if there is question or something usual the guardian must seek a hearing on necessity (section 18).    The generous use of the word “shall” is antagonist to what has been reported to have occurred in the Sykes, Gore, Wyman, Tyler and many other cases.   
 
The Evidence Deposition of  Justice M. Connors taken in my Illinois ARDC proceeding demonstrates the paradox that is creating a scandal that rivals Greylord and the fact that currently two Illinois Governors are tenants of the United States  Department of Prisons.       The Illinois Appellate Court and the Illinois Supreme Court have both acknowledged that 755 ILCS 5/11a -3 et seq.  Is intended to protect the Liberty, Property, Civil and Human Rights.      The protection is to place a simple ‘due process’ criterion upon the imposition of a guardianship on an alleged incompetent.    Section 10 and Section 11 make it clear that Notice must be served on the close (near) relatives of the alleged incompetent.     (See In re: Sodini 172 ILLApp3d 1055)
 
The GAO report to Congress (Sept 2010) discloses that Illinois is not alone in what appears to be a systemic effort to deny seniors their  liberty, property, civil and human rights.      That fact many of the political community have been successful in perverting the aforesaid liberty, property, civil and human rights of the Mary Sykes of this world is not an excuse for what appears to be wholesale deprivation of liberty, property, human and civil rights of seniors.    It does not exculpate law enforcement and the media for turning their heads to avoid observing the deterioration of the Rule of Law.    It certainly does not obviate the duty of the Judges to understand and honor the decisions of the Appellate Courts, and not act where jurisdiction is not obtained.    Indeed, as a lay citizen does not have the excuse of not knowing the law, certainly a Judge (who is paid over a $100,000 a year) has even less excuse in not knowing and/or following the law.   (Compare the Sodini case with Judge Connor’s evidence deposition!).
 
Now to the prime question – what happened to the Bill of Rights!    The question is answered when you read Judge Connor’s deposition testimony.    The question is answered when you read the Sykes transcripts for August 2009 and August 2010.     The question is answered when you read sanction motion written by Adam Stern seeking to sanction me and is further answered in his and Cynthia Farenga’s ARDC complaints concerning my seeking to investigate the Sykes case and/or the ARDC complaints against me and Attorney Denison making appeals to law enforcement to investigate the Sykes case and in particular:
 
1)     the failure of Carolyn Toerpe (as petitioner) to name Mary Sykes’ siblings in the petition to declare Mary Sykes incompetent
2)     the failure of Carolyn Toerpe to disclose in her petition her ‘power of attorney’ granting her dominion over Mary Sykes assets.
3)     The failure of the Court to hold a hearing on the sworn petition of Mary Sykes for a protective order barring Carolyn Toerpe’s alleged misconduct toward her.
4)     The failure of the Court to require Carolyn Toerpe to comply with the Section 10 (Sodini) notice requirements.    And in particular, the failure of Stern, Farenga et al (and the Court) to recognize that the Appellate Court and the Supreme Court of Illinois have both pointed out that without the compliance with the Sodini notices the Court lacked jurisdiction.
5)     The Court acting without jurisdiction.   And in particular, the Court freezing Gloria Sykes’ assets, allowing the Isolation of Mary Sykes, the seizure and non-inventory of about a million dollars of gold coins etc.
6)     The refusal of the Court to address the lack of jurisdiction.  Etc.
 
The Bill of Rights and in particular the First Amendment is absolutely clear in prohibiting any government censorship of citizens including lawyers.    The Alvarez case is the Supreme Court of the United States’ statement on the subject.      The foregoing not withstanding the freezing of Gloria Sykes’ assets by an Illinois Court in Indiana and the prosecution of objecting lawyers (including JoAnn Denison and yours truly) are oxymoronic.    
 
Now back to the question!   We are losing our Bill of Rights because each of us is sitting  back and allowing the political elite, law enforcement and the press to allow the guardians in the Sykes case deny Mary Sykes due process and equal protection of the law.    We – you and me –  allowed a State Judge to ignore the notice requirements necessary to vest her with jurisdiction and enter orders that she knew or should have known were unauthorized.  
 
Yes, we objected and wrote letters, e-mails, and protested.    The Judge however was retained in the last election – so we failed!    Indeed, by our ineffectiveness and by our failure to raise a ‘hue and cry’ we  are allowing Mary Sykes and those persons similarly situated to be denied their First Amendment Rights and in particular their liberty, property, human and civil rights.   Every day that Mary Sykes and those persons similarly situated are in bondage or our help hostage is a day that you and I are losing our First Amendment Rights and hundreds (if not thousands) of Mary Sykes’ are ‘second class citizens’ who have been and are being denied their ‘liberty, their property, their civil rights, and their human rights.’  
 
Mary Sykes and those who are similarly situated are entitled as citizens of the United States of America to an honest, complete and comprehensive investigation of the deprivation of their liberty, their property, civil and human rights that they are subjected to right now!      As citizens they are entitled to law enforcement doing its job and prosecuting those persons who act under color of law to deprive Mary Sykes and those persons similarly situated of their LIBERTY, PROPERTY, CIVIL, RIGHTS & HUMAN RIGHTS.       The State of Illinois and the United States of America in addition to doing the right thing has a pecuniary interest – it only stands to reason that if the guardian has not filed an inventory disclosing the almost a million dollars in Gold coins, she has not paid her Federal Income Tax on the coins.     
 
Ken Ditkowsky

www.ditkowskylawoffice.com

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Wyman–updated report to Court re Affiavit of Atty Leinen

As you will recall, during oral argument (the transcript is posted on this blog),  Attorneys Kimberly Timmerwilke McKenzie and Sharon Rudy argued that Atty JF Heckinger represented John Wyman (despite the fact that Atty Heckinger never called or mailed John Wyman any written notice of hearing on the petitioner stating the time, date and place of hearing to declare Winifred Carol “Carol”) Wyman incompetent, as required by the Illinois Probate Act, and for which the case In re Soldini (also on this blog) makes this a jurisdictional requirement.)  Further the Illinois Act requires that the Petitioner mail the appropriate notice to all parties listed in Exhibit A, and Exhibit A was defective on its face because it did not list all the adult siblings and sisters of Carol.  The Illinois Probate Act does not say call some atty you think might be representing someone and talk about it. There are specific and solid groundrules for all of the notice requirements.

I previously submitted a report to the court following my conversation with Attorney Leinen confirming he never filed an appearance, he never represented ANY party at all in the Probate proceeding or appeared in that matter, and he further never received any notices from SRR regarding the hearing on Powell Wyman’s Petition for Guardianship of his wife, Carol.

Below is his affidavit and an updated Report to the Court.

We still do not have an Order from Judge Fabiano.

There is still sufficient time for each of SRR, KTM and Judge Fabiano to do the right thing, and in the face of overwhelming evidence that there was no jurisdiction for this probate proceeding for 3 years–dismiss this lawsuit, let Carol return home and order that Powell fiile an accounting for all assets.

Let’s hope and pray everyone does the right thing.  Carol wants to go back to her own home and John says he will go with her to protect her and to fix up her home so she can be where she wants and see her grandchildren on a regular basis.  There are babies in this family that she loves to hold and cuddle and let’s hope for that to happen.

Atty Ron Leinen Afft and Updated Report to Court 11/27/12

Amazing new site http://www.exploitationelderly.com/–the official “back burner”

You just have to check out this site.  While there is not a lot of content, just a couple of articles and a couple of chapters of a book, the site is amazing and mind boggling.

It tells the story and philosophy of elder abuse and exploitation and explains why no one cares.  After reading this site, I know why the Probate courts have been lax, and why the ARDC thinks that anyone who screams out about elder abuse and exploitation is crazy.

There is nothing to prove and no one cares when the victim is 90!

How many 90 year olds does anyone know?  I got to know quite a few in my charitable work and through my church, but I have to admit, I was always amazed at what they knew and what they were doing.

Who isn’t amazed and ponders how Grandma Moses from age 70 to 100 was one of the most prolific and talented US painters with 1600 paintings of amazing quality that invoked numerous emotions and understandings as you gazed at her works–the works of an artist, a seasoned observer of Americana, a person who knew the innermost details of ourselves as persons born and/or living in this country for decades.

He starts with the old classic of Arsenic and Old Lace and leads us through a plethora of criminals and their victims that typically take years to find, to incriminate and eventually prosecute.  He explains why victims of the elderly are so dismissed, are put aside and become the official “back burner” of society and even criminologists and criminal prosecutors.

After spending just 30 minutes on his website, I was very moved.

We need more bloggers like this dedicated man.

JoAnne

In re Wyman–Appeal Filed!

Below are the documents to file an appeal for lack of jurisdiction based upon failure to serve the notice of hearing by the petitioner 14 days in advance of the date, time and place of hearing to all adult siblings and children.

I also believe in this case, the Respondent, an alleged disabled person, was not served with a summons or complaint.  Data from the nursing home indicates that at the time or shortly there after Ms. Wyman was scoring 26 to 29 on “mini mentals” indicating that she did not need to be in a nursing home (against her will–read the book), nor did she need to have a guardian appointed for her.  But she wrote in her diary she wanted to have an atty to fight the guardianship but neither the GAL nor the judge ever appointed one for her.

This is a familiar song in our nation’s probate courts.

Read the notice of appeal and docketing statement, Motion for an Expedited appeal (because Mrs. Wyman is 80 and they are threatening to sell her house.)

John Howard Wyman tells me he is proud to share these appeals documents and he hopes it helps others and he hopes it will start to uncorrupt our very corrupt probate court system.

In re Wyman–Notice of Appeal, Motion to Expedite Appeal, Docketing Statement

If the link breaks https://docs.google.com/open?id=0B6FbJzwtHocwVklQbEFmMmhuR0U

Sykes Probate files which were imaged Mar 2011 to Oct 2012

I believe the following zip file contains all the Sykes pleadings from March of 2011 to present clearly showing that when AS told the court that “jurisdiction had been brought up many times before and it was denied.”  That was a lie.  I have challenged him to produce the alleged orders and so far, nada.  I have the orders through Jan 2010 and nothering there.  After that, KDD was involved in the case in 2010, he went to several court hearings and status calls and he has shown me his files and shared them with me and there are no such orders, so where are they then?  PS said he recalls filing an appeallate breif arguing this point, but that was a lie because GJSs brief was dismiss for 341 or formatting (margins and page length) non compliance, so that was a lie.

The Court seems to think that PS and AS can do not wrong, AS is supposed to be the “eyes and ears of the court” as Mary’s GAL, but it seems he is in dire need of better contact lenses and a good hearing aid.

AS and PS are silent on this one.  They have produced nothing, filed nothing.

BUT they could be honest about all of this and save GJS the time and trouble of filing an appeal BY DOING THE RIGHT THING AND CALLING TO DISMISS THE CASE for lack of jurisdiction (Sodini)

Here are the files:

Probate case 09 P 4585 from Mar 2011 to Oct 2012

and the direct link, in case that one breaks:

https://docs.google.com/open?id=0B6FbJzwtHocwU2hVcXpRaWpoM0k

 

From Ken Ditkowsky — Keep up the emails and blogging, the probate storm continues

—–Original Message—–
From: kenneth ditkowsky
Sent: Nov 23, 2012 9:30 AM
To: Janet Phelan
Subject: Re: Elaine Renoire has sent you this Story link from abc7news.com

Rome was not built in a day.   It took years to put Al Capone in jail.    It took a world war to rid us the 1936 National Socialists.
The helpless are prime targets for abuse, neglect and exploitation.    The seniors worked a lifetime to accumulate a few dollars and for the miscreants with a little political clout each senior is a ‘candy store!’    Mary Sykes had a million dollars in untraceable Au coins.   All the plenary guardian had to do was to remove them from the safety deposit box and Cynthia Farenga (who admitted under oath having no knowledge as to what was removed from the safety deposit box) was ready willing and able to not only deny the existence of a million dollars in assets, but obtain the co-operation of the Illinois ARDC to try to stop me from objecting to inventories promulgated by the plenary guardian that deleted the Au coins.
Au this morning is over $1,700 an ounce.    That means the ‘double eagle’ coins have a value of over $3,500 each.   The container in which the coins were kept was described by family members as being about a foot high (mail sack) and filled about 50%.    The diameter was about six inches.    Most of the coins were in the coin containers that collectors usually use.    (I have not seen the sack or the coins – Mary when she can to see me had a coin with her)    Mary’s Sibling described the coins in open court and Gloria has furnished the information in her affidavits.     (It is my information that some of the coins that were from the A. B estate belonged to Gloria – and with their current value a ‘felony theft’ has occurred that Gloria has disclosed to law enforcement and is being ignored).
The ABC report is progress.   It is also a ‘red flag’ directed to law enforcement that a new Hurricane Sandy is on the horizon and their inaction may prove very embarrassing for them.   The report is clear in saying to the media you can either be part of the problem or part of the solution.   The wrath of the public that will be generated will not have room for prisoners!
Ken Ditkowsky

From Lisa Belanger in Mass. Her struggle to protect her father

Lisa Bellanger, an atty in Mass. has been very kind to send me the recent Petition she filed to protect her father against some atty and CPA miscreant who threaten to deplete her father’s $9 million estate in about 7 years!

Absolutely amazing.  Apparently the cost for staying in your own home as an elderly senior where you aren’t threatened with a nursing home is about $1 million per year in Massachusetts.

See attached.  Atty Bellanger did a tremendous job on this pleading, and I have made some comments in pink, of course!

JoAnne

Lisa Belanger’s Petition Re her father’s estate