Another call upon attorneys to do the right thing.

Dear Readers;

One of the interesting things is that I have learned if you want to (often because you have to) file a complaint with the ARDC, it is best to fax it in after hours.  I can only assume that the staff there, when they see a large fax come in, they shut off the fax machine for awhile.  I note longer faxes (my 15 to 25 or more pages, which I receive at my office all the time, no problem on my $2500 copier), do not get through during the day.  My suggestion to the ARDC is to just get an efax for $12 per month for longer faxes which will just come into any email account.

While a I sent Atty Black at the ARDC a copy of John Howard Wyman’s book last month, apparently no investigation has come from that.  So I faxed in a formal complaint during the day last week and my efax (which I love), came back as “unsuccessful transmission.”

Bummer.

So yesterday, I sent her the faxes.  You know, the one with John’s highly excellent 48 “talking points” he sent to the FBI to investigate and also to the US attorney’s offices Atty John McKenzie, who “promised to start an investigation”, but then it turned out he was investigating Kim Timmerwilke a bit too closely and they got married instead — breaking up two long term relationships.

In any case, attached is a copy of the complaint regarding John Howard Wyman’s case wherein the court is operating without jurisdiction for 3 years, and then when I went in on the hearing, the attys just lied about everything.  Judge Fabiano never issued and order, so then what happened, she sent a letter asking the attys Timmerwilke-McKenzie to turn in their “fee petitions” so she can award sanctions against “the parties.”

Another prime example of shoot the messenger and not the miscreant.

Monday out goes the Emergency Notice of Appeal, Docketing Statement and Request to Prepare the record in response to all of this nonsense.

Of course, Attys Timmerwilke and Rudy could have simply done the right thing and asked the judge to dismiss the case based upon lack of jurisdiction and just told the truth, but I guess that did not occur to them.

The record is clear.  No Sodini notices were served on the adult sisters and all the children.  There is no testimony, no certificates of service in the file, and it appears that Winifred Carol Wyman was in the hospital and there was no summons, complaint and affidavit of service.

No basics.

See the attached complaints at:

ARDC Wyman Complaint File No. 1

ARDC Wyman Complaint File No. 2

I don’t like filing these.  It would have been easier if Attys Rudy and McKenzie would have just said, “your honor, I’m sorry, but there is no jurisdiction.  We looked at our files and the court files and we could not find any Notice of Time, Date and Place of Hearing served 14 days in advance upon all the adult children of Carol Wyman.  We are truly sorry.  A serious mistake was made for which we humbly apologize.”

I have had to dismiss cases for lack of jurisdiction (generally in FED where the 5 day note was grossly improper, not served personally, etc.) and you just have to do it as an (honest, ethical) attorney.

Have a good day

JoAnne

PS–on the second try, the longer faxes went through, no problem. But that’s just a pain for me.

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