From Atty Ken Ditkowsky to Peter Schmeidel–where did that affidavit of service go?

See below. And btw we went to the Sheriff’s offices today to inquire further about the lack of an affidavit or no affidavit for Mary Sykes and were told “we do not give out service information to anyone other than plaintiff’s”

OMGDS!  More corruption.  Layers and layers.  Excuse me, Mr. Deputy, but NOTHING YOU DO IN COURT IS CONFIDENTIAL.

Looks like he went to the same school for Constitutional law as did the deputies in the courtrooms that take away laptops and tablets for blogging and calendaring, Judge Evans who enforces this rule, and a host of judges who just want to keep things “quiet and under the table.”

Too bad the Bill of Rights does not agree with that!

LAW OFFICE OF
KENNETH DITKOWSKY
KENNETH DITKOWSKY
Thursday, June 13, 2013
MEMO TO: Mr. Peter Schmiedel:
5940 W. Touhy, Suite 230
Niles,IL 60714
(847) 600·3421 Telephone
(847) 600·3425 Fax
Email: Ken@DitkowskyLawOffice.com
Re: SERVICE ON MARY SYKES – IN RE: CONDUCT OF PETER SCHMIEDEL,
ADAM STERN, CYNTHIA FARENGA, AND OTHERS IN REFERENCE TO
ESTATE OF MARY SYKES AND LACK OF JURISDICTION ON MARY SYKES.
Dear Mr. Schmiedel,
Thank you for your letter. Unfortunately it is not helpful, except that it confmns
that there was never any service of process on Mary Sykes and for almost four
years you, Ms. Farenga, Mr. Stern and others have acted ultra vires knowing that
the Circuit Court had no jurisdiction to enter the oppressive orders that were
indeed entered to the alleged detriment of Mary Sykes, Gloria Sykes and others.
A check of the Sheriffs office public records reveals that they have no record of any
service on Mary Sykes on August 31, 2009 or any other date. Service of process on
a respondent is the way Illinois Courts obtain traditional jurisdiction. In disabled
persons cases a more procrustean criterion is necessary and service of process is
only part of the procedure. Thus, in order for the Circuit Court, Probate Division to
obtain jurisdiction Mary Sykes must have been actually served with summons. I
trust that you are aware that Ms. Gloria Sykes may waive service of process for
herself, but she cannot waive it for someone else, and if Mary Sykes was disabled,
she could not waive service of process.
Thus the fact remains that for almost 4 years the Circuit Court of Cook County
acted to deprive both Mary Sykes and Gloria Sykes of their Civil Rights without
jurisdiction. I make this statement based upon the fact that there is not a single
affidavit, return of service, or document indicating that any person authorized to
serve summons (or process) served Mary Sykes. We have spread of record the
Sherriff of Cook County’s entry that points out the attempt to accomplish the Bench
Service that you refer to in your letter was unsuccessful. The record speaks for
itself.
Pursuant to FRCP 11, I have undertaken to ascertain if Mary Sykes had been
served with process. I and others have conducted diligent searches of the
common law record of the Circuit Court and found no return of service or
other document that would attest to service of process being had. (I
understand that your law firm has the certified copy of the Record in its possession
at this time and therefore you can search the record yourself. If you returned the
FRCP 11 inquiry – re: Service of Summons on Mary Sykes in case 09 P4585
record to the Circuit Court, then you can fmd the first four volumes of the record
‘on line.,
This lack of service of process is a serious ‘due process’ problem that has to
be addressed immediately. I had some e-mail communications with Ms. Farenga
yesterday and I reiterated this same problem to her, to wit: A senior citizen was
hauled into the Probate Division and stripped of her liberty and property, yet she
was never served with process and no jurisdiction attached. Ergo, whether or not
her close relatives were served with the jurisdictionally required oral or written
notice 14 days prior to a competency hearing, the Court lacks jurisdiction over
Mary Sykes. The Rule of Law is that all orders entered by a Court lacking
jurisdiction are void. There is also presumption that you, Stem, Farenga and
the Judge were all aware of the law and the common law record.
What this means is that any action that your client, CT, took in relation to this
estate is void, unauthorized, and you knew or should have known such fact. Thus,
as an example, the drilling of the safety deposit box was unlawful. Thus, the
sequestering of Gloria’s award in the Lumberman case is unlawful. I do not have
to make a list and will not as a seasoned attorney is fully aware of the
consequences.
As you know, I have been communicating with the Federal Authorities and
demanding an investigation of the intolerable events that have been observed and
reported in the Sykes case. I am aware that certain judicial officials’ have
successfully requested that IARDC silence my calls for an HONEST complete and
comprehensive investigation; however, I believe that I have such a right under the
First Amendment and the recent Citizen’s United case and intend to continue my
quest for Justice for the persons targeted for “elder cleansing.” I am continuing to
make such a call and in light of your letter of June 13,2013 I am copying the US
Attorney and reiterating my call for a Civil Rights Investigation of Sykes case.
In all humility let me respectfully suggest that the obvious lack of jurisdiction over
Mary Sykes is a very serious breach of her Human Rights and remedial action must
be taken immediately. I would also recommend that you notify your Malpractice
Insurance carrier as Ms. Gloria Sykes’ sister (your client) is not expected to be
forgiving. When the Sodini case was first raised I invited a fresh look at
jurisdiction; however, it motivated an attempt to deny me my First Amendment
Rights. At this point in time, with the common record in front of you, it is my
opinion that you are aware that for almost 4 years you have allegedly acted in
concert with Farenga, Stem and others to deprive Mary Sykes, under color of law,
of her rights, privil and immunities. That is intolerable.
Cc: Honorable Eric Holder, Attorney General of the United States, Honorable
Mark Kirk, Senator, Honorable Jane L. Stuart, Judge of the Circuit Court of
Cook County. Illinois Attorney Registration and Disciplinary Commission, Ms.
Gloria Sykes, Ms. JoAnne Denison.
FRCP 11 inquiry – re: Service of Summons on Mary Sykes in case 09 P4585
(A) Passport – PASSPORT June OS, 20 13, 13:2 4 :52
DSP NEXT SCREEN CIVIL WRIT MASTER RECORD SCREEN 01
C.P.U. ENTERED DATE/TIME: 09/01/2009 11:28 ADD OPER. SSA
TYPE OF CASE PR PROBATE DISABLED PERSON OPR. ID RFR
SHERI FF ‘ S NUMBER 334996-001A CASE NUMBER 09P004585 DI STRICT
MUNIC 1 MULT. SERVICE 001 PAUPER’S SU IT TYPE OF DOC . 100 SUMMONS
FILED DT 08-31-2009 DIE DT 08-31-2009 REC’D DT 08-31-2009 HELD BY
CORP. SEARCH DE FENDANT SYKES , MARY E
ADDRESS APT. NO . /HOUSE
PLAI NTIFF MARY E. SYKES
SERVICE INFORMATION
SERVICE INFO. WINDOW PERSONAL
IL.
TYPE OF SERVICE PRN – REASON NOT SERVED
SERVED ON SERVICE DATE MO- DA- YEAR TIME
SEX RACE AGE BY DEPUTY-STAR #
SG57
RETURNED DATE MO- DA- YEAR DATE RETURN TO CLERK 09-03 -2009 POSTED DATE MO- DA-YEAR
ADDITIONAL REMARKS
ATTY NO. 0000
ATTY NAME.: XX
ADDRESS … : XX
CITY …… : XX , XX 00000 0000 PH . 312 606 9100
TAX DEL’Q
SHERIFF’S NO.
TO RETURN TO INITIAL INQUIRY, USE PF7 FOR NEXT SCREEN, ENTER 02 PRESS PF4
PF7 INQUIRY PF8 GEN INQ. MENU PF9 MAIN MENU PF10 DB MENU
08/13/2013 12:55 FAX 312 728 1448
FISCHEL
& KAHN,LTD.
Attomeys at LAw

VIA ~’ACSIMILE (847-600-3425)
Kenneth Ditkowski
5940 W. Touhy, Suite 230
Niles, IL 60714
FISCHEL & KAHN. LTD.
June 13,2013
~001/001
155 NOR:l’llWALlU.1′. Df<.IVL,SUL’!~ 1′)50
C:HlCl\f;O, I]) lNors 60606
PnONF.: 312-726-0440 Pl\x: :’12-72(,-1448
http://www.fj~chdbhn.c()m
WRITER’S E-MAIL AD!JKfl~~:
pschmkdel@fiscl~.?Ik<1hn,com
Re: Sen-ice on Mary Sykes
Dear Mr. Ditkowsky:
With respect to your letter of June 6, 20 13, regarding service of process on Mary SyktJs in
the pending Probate case, 09 P 4585, be advised that your client, Gloria Sykes, admitted her
mother was served with process on August 31., 2009, by the Cook County SherifT at page 10 of
her revised brief in appeal No. 1-10-0808.
Reference to this service was also contained in the Appellee’s Rriefat page 3 wilh ~
citation to the record and to the alias summons, Vol. 1, C.25-27.
cc: Adam Swm (via email)
Cynthia Farenga (via email)
Sincerely,
FISC -& KAHN, LTD. 4
Peter Schmeidel

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