From: kenneth ditkowsky
Sent: Aug 28, 2014 4:59 PM
To: Tim NASGA
Cc: Eric Holder , Probate Sharks , Nasga Us , “JoAnne M. Denison” , Matt Senator Kirk
Subject: ADA
Lets start putting this together.
Guardianship has been sued by the criminal element within the legal profession for a bunch of purposes. In the Wyman case it was used to get rid of wife! In **** to dissolve a business relationship. In Tyler to steal eight million dollars, in Gore 1.5 million dollars, in Sykes almost 2 million dollars *****.
I am certain that the funds obtained were not reported on either their State or Federal Income taxes! It therefore follows that we have tax evasion.
To translate into simple terms. Let us assume that the guardianship statute was used to get rid of a business partner. The business partner is a fiduciary and therefore no matter how many court orders are obtain from the Court, any benefit that is obtained is taxable for Federal Income Tax and State income tax purposes! Also the partner is liable for the breach of fiduciary relationship to the subservient partner. A fiduciary cannot profit from his/her misdeeds.
When others join the foray they become conspirators and share the liability – including the criminal liability. The outrageousness of invasion of privacy adds to the liability (tort) and is entitled to redress.
The foregoing notwithstanding society pays a price for the wrongful conduct of the guardianship and the corrupt public officials. An adjudicated person cannot enter into contracts and an entity that deals with the adjudicated person is guilty of a misdemeanor. The contract is void! However, the only rights that are taken from the victim are those that he/she cannot reasonable perform.
Let me suggest that the Court appointed guardian who allow a situation to exist in which a person is wrongfully placed in a guardianship – and does not on his/her own end the guardianship has personal responsibility (pecuniary) for all the expenses incurred. Taking the Mary Sykes case as an example – Peter Schmiedel, Cynthia Farenga, Adam Stern, et al are all aware that Mary Sykes was never legally incompetent and more importantly was never properly adjudicated. The videos that JoAnn published on her blog demonstrate the wrongful incarceration, sequestration, and taking of Mary’s liberty and assets. By participation in this fraud each has proactively caused Mary harm and should be liable to her and Gloria for this tort. (See Article 1 Section 12) of the Illinois Constitution of 1970.
Mr. Larkin for his participation and assault on the First Amendment should share jointly and severally the liability. Certainly Larkin is aware of Congress’ statement, to wit:
42 U.S. Code § 12101 – Findings and purpose
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(a) Findings
The Congress finds that—
(1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination;
(2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;
(3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;
(4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;
(5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities;
(6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;
(7) the Nation’s proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and
(8) the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.
(b) Purpose
It is the purpose of this chapter—
(1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;
(2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities;
(3) to ensure that the Federal Government plays a central role in enforcing the standards established in this chapter on behalf of individuals with disabilities; and
(4) to invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities.
The do not think that the American government has ever had to deal with a cancer such as elder cleansing. The corruption of certain judicial officials and certain members of the legal profession who facilitate this criminal behavior is so obnoxious that it warrants the strongest rebuke! The Florida case of Stone is so obnoxious as stripped to its core is extortion by court order and misuse of the Courts. It has the same ugly twin that give rise to the foreclosures of homes in which the plaintiff had no mortgage or note! The distinction is that human beings are being treated as chattels! Shades of Dred Scott and Buck vs. Bell!
Democracy is not a spectator sport! If we could just get State law enforcement to enforce the law diligently and honestly all of this will go away – unfortunately there is too much money to be made by the dishonest court appointed guardians and those who conspire with them.
Ken Ditkowsky
MaryGSykes.com 
Excellent article, thank you!
Although our case is in Pittsburgh, PA, Richmond, VA, and Los Angeles, Calif., my brother who was shot multiple times in the head and neck during a robbery has been incarcerated for most of his 46 years in institutions from his severe traumatic brain injury. Our father did not settle with the insurance company due to the rising cost of health care and not knowing how long my brother would live.
I posed the question of taking this case back to court and “trying” it again, based on the laws we have today as I believe this is a case of discrimination. Right away they got their lawyer to offer me a ridiculous settlement. When my then attorney said to them that we have not asked for a settlement at this time, the insurance company got the attorney who I fired (because she refused to help in my brother’s care) but was still the co-guardian involved 20 days later and she had me taken off guardianship per her own legal counsel over the years.
I had criminal charges per the PA Dept of Protection and Advocacy at the last place of institutionalization and potential law suit for damages from abuse/neglect.
I have not seen my brother in well over four years, have had restrictions in visits, the current medical doctor and owner of the facility has threatened me with a law suit, medical records, team meetings are denied me. I am the sole surviving member of our family. I have filed with the Human Rights Dept. and the Dept of Health Care Professionals per the Longterm Care Ombudsman through the Commissioner and now they are seeking 19,000 out of my brother’s estate for the doctor’s legal fees. There was no hearing, court hearings, etc. I was overruled by this attorney, now guardian and to my knowledge she has not seen my brother since 2005 at meetings for abuse at the other place. I have no idea whether she has settled with the insurance company.
I, also, found out through the Commissioner that the current medical doctor and owner of the facility is “very good friends” with the CEO of the last place! Conflict of interest?
What I discovered at this last facility, would make anyone sick with lack of ethics and professionalism.
May we all see a better future for our loved ones and especially, those with disability.
I am soooo sorry to hear of all of your troubles. Please feel free to send me any information from your case to post to warn others.
My heart goes out to your and your brother. Let us know if we can help in any way.
Joanne
Thank you, Joanne. I have my website and a lot of all that we have gone through, and still a work in progress at http://www.millertraceyanne.wordpress.com I have decided to go public with this with the intention of saving others from going down the same path that we did.
I/we greatly appreciate the support! The love of family is the greatest and to see so many in our great nation being split apart is not morally right.
Blessings, Tracey
I will be glad to publish whatever your thoughts, concerns, feelings and experiences are as a probate victim so you can warn and provide support for others.
I have already noted your website on my blog and will put it down as “recommended websites” for other viewers.
I wish you peace, healing and comfort. I see you care for your brother very deeply.
JoAnne