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About Joanne M Denison

Former Patent and Trademark Attorney practicing in Chicago, Illinois accepting clients nationwide. We also did trademarks, general intellectual property and business litigation. See our website at www.DenisonLaw.com. Now suspended for 3 years by the Illinois Atty Regn and Disciplinary Commission for blogging about corruption and telling truths that the ARDC wants to cover up. And while I am doing that, I will continue on my blogging work. Now I work full time on court corruption and corruption at the ARDC and JIB (Illinois attorney and judge discipline boards)

Lea Black’s Petition to BAR Gloria from testifying at Ken’s proceeding against the ARDC

As ridiculous as this sounds, it is true. Lea Black (ARDC) has filed a petition to BAR Gloria from testifying on the basis that she was “uncooperative” in setting up a place and time for her deposition. Gloria has gone to the lengths of transforming a suite room into a conference room to appease Ms Black. Does that sound uncooperative?

Ken puts it eloquently as to what the ARDC is essentially doing by filing this motion:

“I know it is difficult to believe that the ARDC filed a petition to punish me for complaining about judicial corruption in Cook County and in particular:

 
1) objecting to Stern, Farenga, Schmiedel et al denying Mary Sykes (a senior citizen age 90plus) of her rights, privileges and immunities guaranteed under the United States Constitution
 
2) Circuit Court Judges and court appointed lawyers ignoring the jurisdictional limitations of the Courts and in particular those designed by the legislature to protect senior citizens.   A judge has a duty to determine if he/she has jurisdiction.   In the Sykes case it appears that (using the words of Adam Stern) ‘it is a technicality!’     I just hope that at some point in time Adam Stern, Cynthia Farenga et al have to personally address that technicality.
3) Objecting to the non-inventory of over a million dollars in assets belonging to Mary Sykes!    LG asked Mr. Evans if he considered that theft!   It makes no difference if Mr. Evans considers it theft or not!   Theft is unauthorized control and except in these probate cases that is unauthorized control    It is also a taxable event.    I calculate that with the taxes due, interest and penalties at this point in time the conspirators owe in excess of a million dollars to the United States of America.  (Mr. Dubow – the accountant informs me that the interest is 5per cent per month up to 25% of the tax due.    The fraud penalty – for the breach of fiduciary relationship and the concealment – is 50%.    The tax is 30%.  Ms Toerpe should be sleeping very well at night knowing that at this point in time she and the conspirators to evade the legitimate income taxes owed to the United States of America can help Mr. Obama make a dent in the debt!”
Banning someone simply because setting up a deposition proves a bit difficult is UNHEARD of. It’s simply not a reason. But of course, desperate times call for desperate measures. Judicial corruption is about to be exposed and Lea Black is doing everything she can to hinder this.
Below are both the motion to bar Gloria Sykes and Ken’s response to that motion. It should not be long before we get news that Lea Black’s motion is DENIED if there is even an ounce of justice in the justice system.

ARDC Petition to BAN Gloria as a witness in Ken Ditkowsky’s case against ARDC

As hard as it to believe, LEA BLACK has filed a petition to BAN GLORIA from testifying at Ken’s hearing against the ARDC. And the ridiculous reason they gave was that Gloria has been “uncooperative” in regards to setting up a time and place for her deposition even though Gloria attempted to appease Lea Black by renting a suite and agreeing to convert one room into a conference room among many other accommodations. The basis of this

Ken puts in eloquently about what the ARDC has essentially done by filing this petition:

I know it is difficult to believe that the ARDC filed a petition to punish me for complaining about judicial corruption in Cook County and in particular:
 
1) objecting to Stern, Farenga, Schmiedel et al denying Mary Sykes (a senior citizen age 90 plus) of her rights, privileges and immunities guaranteed under the United States Constitution
 
2) Circuit Court Judges and court appointed lawyers ignoring the jurisdictional limitations of the Courts and in particular those designed by the legislature to protect senior citizens.   A judge has a duty to determine if he/she has jurisdiction.   In the Sykes case it appears that (using the words of Adam Stern) ‘it is a technicality!’  I just hope that at some point in time Adam Stern, Cynthia Farenga et al have to personally address that technicality.
 
3) Objecting to the non-inventory of over a million dollars in assets belonging to Mary Sykes!    LG asked Mr. Evans if he considered that theft!   It makes no difference if Mr. Evans considers it theft or not!   Theft is unauthorized control and except in these probate cases that is unauthorized control    It is also a taxable event.    I calculate that with the taxes due, interest and penalties at this point in time the conspirators owe in excess of a million dollars to the United States of America.  (Mr. Dubow – the accountant informs me that the interest is 5per cent per month up to 25% of the tax due.    The fraud penalty – for the breach of fiduciary relationship and the concealment – is 50%.    The tax is 30%.  Ms Toerpe should be sleeping very well at night knowing that at this point in time she and the conspirators to evade the legitimate income taxes owed to the United States of America can help Mr. Obama make a dent in the debt!”
 
Below is the motion filed by the ARDC. Feel free to laugh at the ridiculousness of the basis of their motion. I have also attached Ken’s response to the motion. It should not be long from now that we receive news that the ARDC’s motion BE DENIED if the justice system even has a drop of justice in it.

What exactly IS the definition of theft? LB was asking Scott the other day.

I am told that during Scott’s deposition the other day, he was asked if he thought the non inventorying of $1 million in gold coins constituted theft (objection–witness is not a lawyer and cannot formulate legal opinions).

I can’t believe LB asked Scott if he considered the noninventorying of $1 million in gold coins to be theft or not!  that’s a complete hoot.

first of all, you’re right about who cares if scott knows the legal definition of theft, but second of all, it begs a better question and that is, why would LB want to even consider bending the legal definition of theft.

okay, so if I see a million dollars in a safe deposit box with your name on it, can I just use it for a little and put it back, or,
maybe if I move it here for awhile or there for awhile, you won’t mind now will you,
or I’m just using it for a bit until Mary is no longer incompetent and then she’s gonna get competent and say what I did was fine because she likes me and I’m her beloved daughter Carolyn.

hmmm.  i’m not impressed.

if it looks like a  theft, sounds like a theft, smells like a theft and quack liks a theft, then it’s a duck?

joanne

Date: Tue, 24 Jul 2012 18:06:18 -0700
From: kenditkowsky@yahoo.com
Subject: Re: Lea Black filed a motion to have me banned from testifying after she wrote

Larry – indeed, copy it and sent it JoAnne and anyone else who wants a copy.
I always hated to hear lawyers start a sentence with I have been practicing law for 2000 years and I have never seen anything like this; however, I’ve only been practicing law for five decades and I have to admit that I have have not seen a petition like the petition that LG filed to bar me from presenting Gloria Sykes as my witness in the ARDC proceeding that seeks to punish me for complaining of judicial corruption.   If the law were applied uniformly the United States Attorney is in real trouble as he not only complains about corruption, but he even sends corrupt judges to jail.
If I were to approach you and tell you that the ARDC attorney after doing everything possible to create an acrimonious relationship with Gloria, and after Gloria attempted to appease her by renting a suite, converting one room into a conference room etc, the ARDC attorney filed a sanction motion (Rule 219) to bar me from using Gloria as a witness in defense of the frivolous and spurious complaint that the ARDC authored – would you believe me?   Well it is true!   JoAnne, Larry will send you the Motion so that you can verify that what I say is indeed not my being delusional!
I know it is difficult to believe that the ARDC filed a petition to punish me for complaining about judicial corruption in Cook County and in particular:
 
1) objecting to Stern, Farenga, Schmiedel et al denying Mary Sykes (a senior citizen age 90 plus) of her rights, privileges and immunities guaranteed under the United States Constitution
 
2) Circuit Court Judges and court appointed lawyers ignoring the jurisdictional limitations of the Courts and in particular those designed by the legislature to protect senior citizens.   A judge has a duty to determine if he/she has jurisdiction.   In the Sykes case it appears that (using the words of Adam Stern) ‘it is a technicality!’     I just hope that at some point in time Adam Stern, Cynthia Farenga et al have to personally address that technicality.
3) Objecting to the non-inventory of over a million dollars in assets belonging to Mary Sykes!    LG asked Mr. Evans if he considered that theft!   It makes no difference if Mr. Evans considers it theft or not!   Theft is unauthorized control and except in these probate cases that is unauthorized control    It is also a taxable event.    I calculate that with the taxes due, interest and penalties at this point in time the conspirators owe in excess of a million dollars to the United States of America.  (Mr. Dubow – the accountant informs me that the interest is 5 per cent per month up to 25% of the tax due.    The fraud penalty – for the breach of fiduciary relationship and the concealment – is 50%.    The tax is 30%.  Ms Troepe should be sleeping very well at night knowing that at this point in time she and the conspirators to evade the legitimate income taxes owed to the United States of America can help Mr. Obama make a dent in the debt!
Oh well!  four years ago we were promised ‘change!’   This change did not come from Washington, but come via Naperville!   The new National Socialists are a bonus!   As law enforcement is quiet concerning our demands for an honest, comprehensive, and complete investigation maybe we ought to start a fund at BOA to purchase brown shirts, and jack boots so that all our new found friends can be in uniform as they goose-step to the Daley Center.
JoAnne – it all fits into the grand scheme of things – The golf course that Betty Maltese purchased would make a wonderful camp.   Mr. Schmiedel can rave over the progress that grandma is making as she learns to breathe MIC.    The ARDC does not believe that the last sentence is protected speech – fortunately they are the only ones – and the United States Supreme Court has mandated.   Indeed, if you want to verify that I am again speaking the truth – the ARDC complaint against me is on their web-site.    While the document takes a great deal out of context, is misleading and replete with unfounded conclusions it nevertheless clearly demonstrates, the due process, the first amendment, and other liberties are a thing of the past!
If law enforcement and the politicans who really care about the United States do not wake up, smell the coffee and act to preserve our democratic society we will not have one – we will be sent to the Gulag!
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

Date: Tue, 24 Jul 2012 18:06:18 -0700
From: kenditkowsky@yahoo.com
Subject: Re: Lea Black filed a motion to have me banned from testifying after she wrote
To: JoAnne@DenisonLaw.com; lawoffice5940@yahoo.com; lawrence@Lhyman.com
CC: drditkowsky@aol.com

Larry – indeed, copy it and sent it JoAnne and anyone else who wants a copy.
I always hated to hear lawyers start a sentence with I have been practicing law for 2000 years and I have never seen anything like this; however, I’ve only been practicing law for five decades and I have to admit that I have have not seen a petition like the petition that LG filed to bar me from presenting Gloria Sykes as my witness in the ARDC proceeding that seeks to punish me for complaining of judicial corruption.   If the law were applied uniformly the United States Attorney is in real trouble as he not only complains by sends corrupt judges to jail.
If I were to approach you and tell you that the ARDC attorney after doing everything possible to create an acrimonious relationship with Gloria, and after Gloria attempted to appease her by renting a suite, converting one room into a conference room etc, the ARDC attorney filed a sanction motion (Rule 219) to bar me from using Gloria as a witness in defense of the frivolous and spurious complaint that the ARDC authored – would you believe me?   Well it is true!   JoAnne, larry will send you the Motion so that you can verify that what I say is indeed not my being delusional!
I know it is difficult to believe that the ARDC filed a petition to punish me for complaining about judicial corruption in Cook County and in particular:
 
1) objecting to Stern, Farenga, Schmiedel et al denying Mary Sykes (a senior citizen age 90plus) of her rights, privileges and immunities guaranteed under the United STates Constitution
 
2) Circuit Court Judges and court appointed lawyers ignoring the jurisdictional limitations of the Courts and in particular those designed by the legislature to protect senior citizens.   A judge has a duty to determine if he/she has jurisdiction.   In the Sykes case it appears that (using the words of Adam Stern) ‘it is a technicality!’     I just hope that at some point in time Adam Stern, Cynthia Farenga et al have to personally address that technicality.
3) Objecting to the non-inventory of over a million dollars in assets belonging to Mary Sykes!    LG asked Mr. Evans if he considered that theft!   It makes no difference if Mr. Evans considers it theft or not!   Theft is unauthorized control and except in these probate cases that is unauthorized control    It is also a taxable event.    I calculate that with the taxes due, interest and penalties at this point in time the conspirators owe in excess of a million dollars to the United States of America.  (Mr. Dubow – the accountant informs me that the interest is 5per cent per month up to 25% of the tax due.    The fraud penalty – for the breach of fiduciary relationship and the concealment – is 50%.    The tax is 30%.  Ms Troepe should be sleeping very well at night knowing that at this point in time she and the conspirators to evade the legitimate income taxes owed to the United STates of America can help Mr. Obama make a dent in the debt!
Oh well!  four years ago we were promised ‘change!’   This change did not come from Washington, but come via Naperville!   The new National Socialists are a bonus!   As law enforcement is quiet concerning our demands for an honest, comprehensive, and complete investigation maybe we ought to start a fund at BOA to purchase brown shirts, and jack boots so that all our new found friends can be in uniform as the goose=step to the Daley Center.
JoAnne – it all fits into the grand scheme of things – The golf course that Betty Maltese purchased would make a wonderful camp.   Mr. Schmiedel can rave over the progress that grandma is making as she learns to breathe MIC.    The ARDC does not believe that the last sentence is protected speech – fortunately they are the only ones – and the United States Supreme Court has mandated.   Indeed, if you want to verify that I am again speaking the truth – the ARDC complaint against me is on their web-site.    While the document takes a great deal out of context, is misleading and replete with unfounded conclusions it nevertheless clearly demonstrates, the due process, the first amendment, and other liberties are a thing of the past!
If law enforcement and the politicans who really care about the United States do not wake up, smell the coffee and act to preserve our democratic society we will not have one – we will be sent to the Gulag!
Ken Ditkowsky
From: JoAnne M Denison <jdenison@surfree.com>
To: Larry Chambers <lawoffice5940@yahoo.com>
Cc: ken ditowsky <kenditkowsky@yahoo.com>
Sent: Tuesday, July 24, 2012 5:24 PM
Subject: Re: Lea Black filed a motion to have me banned from testifying after she wrote

Dear Larry;

Can you please scan and email a copy of the motion filed by LB to bar Gloria’s testimony.

i would like to publish that, it’s soooo amazingly incredible.

thanks

joanne
—–Original Message—–
From: kenneth ditkowsky
Sent: Jul 24, 2012 2:44 PM
To: GLORIA Jean SYKES
Subject: Re: Lea Black filed a motion to have me banned from testifying after she wrote

You will in testify – I cannot envision the ARDC acting so overtly to protect Stern and Farenga et al that they would even attempt to have you barred from testifying.
I was wrong!   A petition came in in today’s mail.   Even though you have gone through hoops and gone the extra mile to accommodate, Ms. Black wants to bar your testimony.   I am sorry – she wants to prevent me from calling you as a witness.   As you are on her witness list, she still can call you.
The incentive to join Farenga, Stern, et al in the corruption is must be incredible.    I estimated the gold coins at about a million dollars in value; however, I must have underestimated the value as the harassment continues unabated.   We have to have an honest, comprehensive and complete investigation. It appears that we hit a nerve and the Constitution has been suspended!   The Administrator of the ARDC’s petition to bar your testimony in a trial in which I am the respondent is not only outrageous but a declaration that if you oppose the denial of liberty, property, civil rights and human rights in the eyes of the Illinois Judiciary you also lose your rights, privileges and immunities.   I find that concept totally unacceptable and I will not walk quietly into the gas chambers!   It is my intention to continue to fight for ‘grandma’s rights’ and win, lose, or draw I have no intention of allowing my civil rights to be compromised.
For your information I prepared a draft of a response to the petition filed by the Administrator.      It states what I wish to say:
Response to Motion to Bar Respondent’s witnesses based upon failure to Administrator to comply with Rule 201(k)
The Petitioner’s prayer for relief reads:
“The Administrator’s motion is Allowed/denied.  Respondent is barred from presenting Gloria Sykes as witness at the hearing in this matter.”
The motion of the Administrator does not allege any wrong doing on the part of the respondent or that Gloria Sykes is not a person named on the Administrator’s witness list and/or an independent person and citizen entitled to her liberty, her property, her civil rights and her human rights.     Indeed, the relationship between the respondent and the potential witness Gloria Sykes necessary for the Administrator motion to be viable was abrogated in 1865 with the adoption of the 13th Amendment to the United States Constitution.    The respondent is a bystander in the discovery dispute between Ms. Sykes[1] and the Administrator.
It is respectfully submitted that the  Petition of the Administrator to Bar use by respondent of the Testimony of Gloria Sykes reveals that the only action of the respondent in the dispute between Ms. Sykes and the Administrator were the attempts by the respondent to assist the Attorney for the Administrator in reaching an accommodation between her acrimony toward Gloria Sykes.      [Ms. Sykes is disclosed by the Administrator as one of his potential witnesses.]   The Respondent was not involved in the discovery dispute that is the subject matter of the Motion.    It is further respectfully suggested that in the United States of America there is no precedent for any duly constituted judicial body or panel barring an opponent’s witness because a discovery accommodation cannot be accomplished by the petitioner (plaintiff) with a witness.     It is respectfully suggested that the inappropriateness of these proceedings, the Administrator’s bias and lack of concern for due process and the Rule of law is evident in the Motion and mandate that the panel re-examine it prior rulings in relation to dismissal of the proceeding.
Under American Law , the respondent has no duty to ‘blackjack’ or intimidate persons who have knowledge of the falsity of the Administrator’s disciplinary complaint to appear for discovery depositions conducted by the Administrator.     To require such a duty would be in derogation of the civil and criminal laws of the State of Illinois and the United States of America.     Every person, regardless of race, color, National origin, or status in the case of in re: Mary Sykes is entitled to all the privileges and immunities of the United States Constitution, the Illinois Constitution of 1970, and the human rights declared by the mesne Nations of the World.     There is no exception that reads:  “except Kenneth Ditkowsky” or “except the witnesses of Kenneth Ditkowsky” or “except Gloria Sykes.”
 It is significant that the Administrator does not seek to enforce the subpoena served on Ms. Sykes, but instead seeks sanctions against the respondent[2] .     The Administrator cites no authority for punishing the respondent for his own failure to conduct a meaningful 201(k) conference with Ms. Sykes or his failure to attempt to enforce his subpoena.   Rule 219 addresses discovery sanctions and the cases interpreting those cases provide that in order to seek enforcement the petitioner must allege a meaningful attempt to resolve disputes pursuant to Rule 201(k).      The draconian sanction against the respondent (who is involved only tangency in this discovery dispute between the petition and a witness who appears on the Administrator’s witness list  is directly contrary to the mandate of the Appellate Court of Illinois to wit:
Because the purpose of these sanctions is to effect discovery, rather than to punish the dilatory party (Jones v. Healy (1981), 97 Ill.App.3d 255, 52 Ill.Dec. 695, 422 N.E.2d 904), a “just order” under Rule 219(c) is one which, to the degree possible, ensures both the accomplishment of discovery and a trial on the merits (White v. Henrotin Hospital Corp. (1979), 78 Ill.App.3d 1025, 34 Ill.Dec. 349, 398 N.E.2d 24). For these reasons, default judgment or dismissal of the action, being the most drastic sanctions, are ones which courts are reluctant to impose and should be imposed only as a last resort in cases where the actions of the party demonstrate a deliberate, contumacious and unwarranted disregard of *374 the trial court’s authority, all other enforcement powers at the court’s disposal have failed to advance the litigation, and which may be set aside where a trial on the merits could be had without hardship or prejudice. (Kubian, 178 Ill.App.3d at 196-97, 127 Ill.Dec. at 407, 533 N.E.2d at 25.)     Martinez v. Pfizer Laboratories Div., 216 Ill. App. 3d 360, 373-74, 576 N.E.2d 311, 320 (1991)
Fairness, which apparently is a foreign word that is unknown in certain legal circles, usually requires that documents and circumstances be reported in context and that completely.    It appears that some of Ms. Sykes’ communications have not been submitted as part of documentation.     This morning one Ms. Sykes’ e-mails to Ms. Black appeared on the net.    It is attached hereto and made part hereof as exhibit 1.
Wherefore the respondent moves that the Motion of the Petition be denied and that the deposition of Gloria Sykes go ahead as scheduled, to wit:   July 27, 2012 at 10:30 AM at the Chicago Holiday Inn and Suites, Chicago, Illinois.
[1] Ms. Sykes is on the Administrator’s witness list, yet the Administrator seeks only to bar the respondent from using her as witness.     This conduct is consistent with the Administrator’s ignoring 735 ILCS 110 et seq,  The First Amendment, land the recent Alvarez case decided by the United States Supreme Court.    Ms. Syke’s testimony is expected to disclose the unusual events that have occurred in the Circuit Court of Cook County, Illinois, the unusual conduct of several of the Administrator’s witnesses who apparently claim to be judicial officials, confirm the words and phrases of one of the Judges of the Circuit Court in December 2009 that is most troubling, and the significant facts recited in her affidavit that verifies the respondent’s answer and counterclaim.    In addition Ms. Sykes is a signatory on a American Disabilitly Act complaint filed in the United States District Court for the Northern District of Illinois that is consistent with whatever statements the Administrator claims were stated by the respondent pursuant to his First Amendment and Article One rights.     Picking a ‘discovery dispute’ with a person on his own witness list and seeking to bar ‘his own witness’ from being called by the respondent is not only a obvious attempt to ‘salt’ the evidence but a further demonstration of the improper conduct that respondent has attempted to have law enforcement honestly, and comprehensively investigate.     The Administrator in filing this instant motion places the legal profession is total dispute and demonstrates why there is reputedly a Spanish proverb to the effect that mouse would rather be assigned to a ‘cat’s mouth’ rather than a “lawyer’s care!”
[2] Rule 219 specifically provides that nonparties are subject to discovery sanctions for noncompliance.1 When faced with a refusal to comply with discovery by a nonparty, the primary sanction available to the trial judge is a finding of civil contempt and a corresponding fine. This sanction is designed to coerce compliance with court orders or subpoenas to testify at depositions.10 Ill. Prac., Civil Discovery § 19:21 (2011)
Ken Ditkowsky
From: GLORIA Jean SYKES <gloami@msn.com>
To:kenditkowsky@yahoo.com” <kenditkowsky@yahoo.com>
Cc: Tim Lahrman NASGA <timlahrman@aol.com>; maria 60 Minutes <lutzenm@cbsnews.com>; Dave Silver Iphone account <dmsilver@me.com>; ARDC springfield <12175222417@myfax.com>
Sent: Tuesday, July 24, 2012 12:25 PM
Subject: RE: Lea Black filed a motion to have me banned from testifying after she wrote

Lea Black filed a petition to have me banned from testifying because I am an ‘uncooperative’ witness and ‘unneeded’ according to her paralegal. This came after I wrote her and asked her to call me on Friday to resolve this matter.  I changed all my plans this week in order to testify and Scott holds no weight in this matter.

Ken you suggested I find a hotel and I did.  Then Lea Black faxes me a letter she claims she mailed to me on the 16th: I never received such a letter!  She then claims she can’t fax me, and refuses to e me.  She then says that she cannot fax me because it’s filled up.
Then she offers me to take the depo at an attorney’s office that will allow Shaggy, and since I fear ambushes and with all that Peter Schmeidel,, Adam Stern, Cynthia Farenga, and Deborah Jo Soehlig have been able to accomplish, I asked Mr. Larkin to step in.  He refused.
I am scared to death of our Judicial and the Officers of the Court and now the ARDC, who are suppose to protect the public from attorneys such as those I mentioned above.  I know that Lea Black needs to have me disqualified or banned as my testimony stands between my mother’s life being saved and being slowly murdered by a Probate Division and the officers of the court for greed.  Since I cannot afford an attorney in this matter I am pro se, and obviously, Lea Black can get away with ‘murder’ and ***.
I have jumped through hoops Ken to schedule a convent place as you suggested, and since Hotel’s no longer have ‘conference rooms’ but banquet halls, which I cannot afford. (There are business centers, but not good for meetings). That said,  I was going to have the Suite set up as a conference room.
Yes, Lea Black and the ARDC have caused me much pain and suffering and yes they have intimidated me.  On Monday they filed a motion to have my testimony banned and this comes after I asked Mr. Larkin to step in and/or Lea Black to call me (pursuant the letter, which I did not have a copy of when I wrote the first letter on Friday).  I have filed a complaint with the U.S. Postal inspector for stolen mail, but I did not get this letter of the 16h or any letter from Lea Black.  What is evident is that Ms. Black will go to any extent to prevent me from doing this deposition.  She and the ARDC do not want the truth and that is a matter of fact.  I don’t know what to do except to write a letter to the Commissioners and file another affidavit, as now it’s understood the questions they asked Scott Evans, who, unfortunately cannot testify to my mother asking for an attorney, the gold and silver coins, or even the Sodini requirements/notices.  The ARDC would have to have my Aunt Yo or Aunty Jo or even me testify to that.  Had I not been so terrorized by the Probate Division and Peter Schmieel, Deborah Soehlig, Adam Stern and Cynthia Farenga, who area sanctioned by the court to LIE and live above the law, I would have quickly agreed to allowing Ms. Black to arrange for one of her attorney friends offices.  As it is, and after yesterday where Toerpe defied the courts instruction and stole all my property, *****.
This is America Ken is it not?  I’m not scared to death to come near Chicago and the Crooks of the Court as officers of the court are protected by the ARDC and the Illinois Supreme Court to do great harm to innocents.  This is witness tampering.
(Apparently and according to Black’s paralegal, they’re satisfied with Scott Evan’s testimony as the only witness in your case Case.  Unfortunately, Scott’s testimony is simply hearsay, and he cannot testify to mother asking me to find you Ken, mother repeatedly asking for an attorney, any of the digital recordings (including audio recordings of August 2009), or the Sodini requirements.  Let this email stand to my  testimony that (1) I never received notice of a guardianship proceeding and was in court on the 26 August 2009 I, and mother’s sisters, Josephine DePietro, and Yolanda Bakken, (along with family Kathie Bakken and dear friends Scott Evans, Doris Evans, and Suzanne) were in court on the petition for the order of protections authored by and verified by my mother, Mary G. Sykes on June 9, 2009.  That on December 10, 2009, without notice, Carolyn Toerpe, the named respondent to a petition for a protective order was appointed guardian of Mary G. Sykes (and this was done even though Mary G. Sykes objected profusely to such a guardianship) by an agreement between Toerpe, and attorneys Adam Stern and Cynthia Farenga.  That even the docket is evidence that there were no notices, which are jurisdictional, and that the order clearly testifies to the ‘agreement’ between Toerpe, Stern and Farenga.  That there is NO ORDER setting a guardianship hearing because there were no 14 day notices.  The Petition or the order of protection is still pending and Illinois Statue clearly states that if a ‘respondent’ to a “petition for an order of protection’ is a guardian a ‘temporary substitute guardian SHALL be appointed”.  Given that the court lacks jurisdiction, and that Toerpe is a respondent to not only (now) two petitions for an order of protection, but also a contempt order for not complying with a court order, it is unfair and unreasonable to believe that the ARDC would go to such extremes as to prevent the one testimony that would save my mother’s life, but instead, protect the lawless and evilness of attorneys Adam Stern, Cynthia Farenga and Peter Shcmiedel.  I don’t know how high this ‘corruption’ goes, but it must be very deep and powerful.
That said, I will not be intimidated and will do what I need to do to testify, Ken.  I have that right and you have a right to call me as one of your witnesses.  I have cooperated, but Lea Black and the ARDC have done everything to stop and prevent the deposition as they do not want the truth on record.  With what happened yesterday, indeed I am scared to death, Ken, that Peter Schmiedel, Adam Stern and Cynthia Farenga will go to any extreme to cause me pain and suffering for their financial benefits.   Lea Black is conveniently not in today and Mr. Larkin has repeatedly redirected
Please advise.

Gloria Jean Sykes 
Bon Ami Productions, Inc.

Lumbermen’s vs Gloria Sykes: exparte orders (not on file) and Peter Schmiedel’s threats and lawlessness

From Gloria:

I can’t help but feel that God is watching us from above every time we sit on the toilet.  I also beleive that God watches sporting events, occasionally guiding tennis balls to the edges of lines and baseballs out of the arenas:  God watches used car sale’s people sell damaged goods and our Political Leaders *****.  He sees, with much angst, people like attorneys Peter Schmiedel, Adam Stern, and Cynthia Farenga, who believe they’re entitled, to LIE, cheat and steal from the elderly and disabled, or anybody they damn well want to steal from!  God knows when people are dishonest and corrupt, and like Santa, He knows which people are good and when they’re bad.  In fact, I think that all people live ‘under’ God, like a deity peering down on us like the store  manager of Whole Foods atop the customer service desk.  I also beleive that most people are ethical to a certain extent: some people make more ethical decisions than others, I think, because most people make decisions based on what he or she feels is right.  That said, if in fact the society i which we presently live has redefined ethics i such a way as to separate it from morality, there’s no doubt in my mind that it therefore makes the importance of morality ad moral behavior in our lives and in society must less important than when ethics and morality were linked.  We have substituted one of the other — or both — for power and money — and therefore, many people are unhappy people.   In my lifetime, I’ve met many unhappy people, but none so obviously unhappy than Peter Schmiedel, Adam Stern, Cynthia Farenga and their client Carolyn Toerpe.  The last time in court I paid particular attention to their faces, their body language, and wasn’t surprised to detect a full range of deceit oozing from each one:  Peter Schmiedel backed off from Dr. Shaw, his arms hardened and crossed tight across his chest, biting his lower lip, noting not even Peter Schmiedel believed what he was saying!  Cynthia Faregna, her face twisted, snarled, always with lifted brow and tightened jaw.  Adam Stern, he like Carolyn Toerpe, sit without expression, pretending to be in control, but their micro expressions are still obvious.  Toerpe’s shoulder twitches forward, her lips turned downward, her glassy stare at nothing: Adam Stern, also stares at nothing, his mouth buttoned  tight, Call these people what you like, but they’re unhappy people who create illusions of grander to feel accepted and when on the verge of exposure, like wild animals in a cage, they attack with no though or concern for what is wright or wrong, just because they can. 

On the 29th day of September, and 2nd day of October 2008, four attorneys, Finn and McInerney on behalf of Lumbermens’ the Plaintiff, and Salam and Moskowitz, on behalf of me, the defendant, had pre trial chats wtih Judge Mulhern in the Lumbermen’s case.  I paid close to $1000 for the transcripts.  On pafe 53 Salam discuses ‘secondary property damages’ …””*** to the jury would be teh cost to fix the house, the loss of the use of the house, the cost ot fix and replace the personal property, the loss and use of the personal property, and your typical damages related to that… expenses she incurred related to, you know ****”  She is Gloria Jean Sykes, me, and the home damaged needed to be fixed up in 6016, where I lived, I had the only insurance policy and I was the true owner (who was talked into putting mom on for joint tenancy for survivorship by an attorney claiming that should something happen to me, Carolyn Toerpe can’t bring it into the Probate Court and stake a claim.)  My mother “Mary” is only discussed twice during the many hours of pre trial discussions.  Page 71/line 15 – 24/ PAGE 72 LINES

MR. SALAM: We agree to the extent we’re not claiming physical injury apart from emotional distress under the intentional inflicton of emotional distress claim, so…

THE COURT:  Does that satisfy you, Mr. Finn?

MR. FINN:  Right. But then Mary Sykes is not — she doesn’t have an intentional —

MR. SALAM:  No. she does not.

THE COURT:  NO.  She’s on there only because she’s a title holder.

MR. SALAM:  Yes exactly.

THE COURT:  All right. So this is granted.

Mary G. Sykes is considered only a ‘title holder’ who filed no claims and had no insurance on the property — or lived in the property.  Yes, Judge Mulhern also understood that Mary Sykes was just a title holder and a title holder is not necessarily  the actually owner, and this is how the system works, except in the Sykes case, where PS, AS, CF create illusions in order to mask the truth that they would cheat Mother Terressa out of every penny she raised to help the unfortunate if in fact, the attorneys were looking to get paid!  But now I’m a head of myself.  In the about 250 pages of transcripts in three columns, my mother Mary is only mentioned once!  Once!  I seem to recall that there is a transcript where Finn asks the court if Mary Sykes has filed any damages, and Judge Mulhern says, “No.***” but those transcripts are now in the possession of Carolyn Toerpe.

I’ve asked CF, AS, and PS for a copy of the claim my mother filed or proof she had insurance on the property … but they can’t seem to find any documentation, just like they can’t find proof that Aunts Yo or Jo or I were served and Sodini requirements met.  What is also interesting, that I have the original Lumbermen’s lawsuit in front of me and no where in that suit is Mary Sykes mentioned:  in my counter-complaint, I am the only Defendant/Counter-Plaintiff, and in the Motion for Summary Judgement, again, at all times the heading to the breif reads, GLORIA SYKES, Defendant/Counter-Plaintiff.

But sine Adam STern, Cynthia Farenga and Peter Schmiedel barred me from bringing in any witnesses or presenting any evidence, and they also waived my attorney / client confidentiality with attorney Kevin Salam (yep, first question by Peter Schmiedel was answered by Salam who reported to the court that “Gloria Sykes didn’t want her mother to get any of the settlement funds”.   Of course, in cross, Salam backed off and corrected his statement that he could not answer the question because of attorney client privileged/confidentiality. What is interesting, attorney Peter Schmiede summoned attorney Kevin Salam for the sole purpose to have him give testimony that would give the appearance t hat I financially exploited my mother and swindled her out of the settlement money.  That means, that attorneys Kevin Salam and Moskowitz, Finn and McInerney, and Judge Mulhern were in on the financial exploitation.  Kevin Salam was appropriated $250,000:  Gene Moskowitz was appropriated $250,000.  Legal Funds were appropriated about $100,000.  Expert witnesses were paid from the settlement funds as was Purofirst.  But AS, CF, PS and CT, however, are only going after me!  Hell, Judge Mary Mulhern was in on the scam, too!

So to answer the question how much longer can the fiasco continue, as long as law enforcement, the States Attorneys Office and the Court allows attorneys Peter Schmiedel, Cynthia Farenga, and Adam STern to LIE to the court, and Carolyn Toerpe to hold my mother hostage, isolate her, drug her and not comply with court orders to turn over my mtoher’s bank statements from 2006, 2007, 2008, 2009, 2010, this will go on forever.

And my mother suffers because she’s been denied access to the courts and silenced.

Yep God is watching all of us and there will be a judgment day.  I pray my mother survives this guardianship holocaust so she and I can travel the States and speak to any person who will listen that what has happened in the Sykes case can happen to any person .. as long as there are unethical, mean-spirited, lying attorneys like Adam Stern, Peter Schmiedel, and Cynthia Farenga living free lives and an ARDC that doesn’t care about the truth or the lives of innocents like my mother Mary G. Sykes.

I know that attorneys Gene Moskowitz and Kevin Salam know the truth, too.

Comments from Ken:

The spanish proverb comes to mind – a mouse would rather be in the mouth of the cat than in the hands of a lawyer –
What has happened in the Sykes case is tragic, but consistent with the greylord scandal and Illinois’ new tradition of governors going from the State house to the big house.    Only  a hypocrite can defend the fact that Mary Sykes is being held in isolation by Stern, Farenga, Troepe and Schmiedel illegally.    It is illegal because these National socialists did not give the jurisdictional notices that were required.   The August 31 transcript words and phrases of the judge are an indictment of the judge and indicative of a very sorry state of affairs.  The Sodini case points out that the Circuit Court has (had) no jurisdiction!   Thus, the covering court orders are void and *****.
Whether the ‘good lord’ judges the miscreants in this drama or not it is apparent that if America is to survive it has to honor its basic principles – liberty, freedom, and fraternity.   The specter of the First Amendment being trashed is a pure horror only topped by the fact that Mary Sykes and others like her are now routinely deprived of their liberty, property, human and civil rights while law enforcement and particularly the legal profession fiddles and defends the miscreants.
Peter Schmiedel, Cynthia Farenga, Adam Stern deserve to be ‘unhappy!’   When Law enforcement finally gets around to doing an honest, complete and comprehensive investigation they will have to face ‘man’s justice!’    All who aid and abet them will also attone for their part in the gulag.   The good lord has a much more unhappy solution which in my fifty years of practice I watched.   It is summed up in the phrase “what comes around, goes around!”   Some of your friends will witness one or more of the miscreants enjoy the loving care that is bestowed by Peter Schmiedel Jr. on Peter Schmiedel Sr as he separates Sr from his friends, his family, and systematically deprives him or his liberty, property, and human rights.  (Schmiedel, Farenga and Stern have taught their children well and rest assurred each will enjoy ****
Right now we need that investigation!

Joanne’s fax to [agency], [entity] and [agency2]

As mentioned in previous posts, in [entity] [forum] it is FORBIDDEN to have laptops to take notes (what ever happened to freedom of press and speech?). Hence, every time we go in to look at the Sykes files (an entire cart load of papers), we have to resort to pen and paper (hours and hours a day spent on taking notes and then putting them in order). Joanne was told by the [entity] in [forum] room to speak to [forum] about any complaints, so she did. Below is a fax sent today to Mr. [entity] at [forum] about the [troubles and issues] in this case and a table of torts summarizing all the [troubles and issues] that have happened in the Sykes case

Fax to [entity], [entity] and [agency]

Comments from Ken Ditkowsky on MISSING documents and pleadings in 09 P 4585

It looks like we have entered the Spoliation of the evidence phase.   The two Guardian ad litem and the plenary guardian are aware that for the 2nd time they have neglected the technicality of jurisdiction and are hanging out there ‘naked!’    (The first was the direct intimidation threat via the sanction motion, and this one is more serious as it arises from the failure to provide Mary Sykes with the protections that she is required to be provided by statute – the failure to provide these protections strips the Court of Jurisdiction (Sodini))

It should be noted that as so many years have gone by without the Court having jurisdiction and with Gloria complaining of the lack of jurisdiction any defense at this point in time would either be a sham or an oxymoron.
Let me make this very clear as I have copied law enforcement and the many of the people who have joined in the fight to stamp out elder abuse and financial exploitation of the elderly by the political elite and their ‘court appointed friends.’    (see GAO September Report to Congress)   In the Sykes case law enforcement has absolutely no further excuse for not acting.   JoAnne Denison’s work has reduced this case down to simple embezzlement, breach of fiduciary relationship, theft, false imprisonment.   In the flotsam of the forcible entry and detainer action wrongfully filed and wrongfully prosecuted there was trespass, battery, and theft committed.  (Gloria went to the States Attorney and they refused to prosecute).
How does all of this happen in the United States of America and law enforcement and government totally ignore all of this miscreant behavior.  The ARDC has a history of note ‘covering themselves with glory’  in Greylord and in some of the other scandals = but by in large law enforcement has been the saving grace.   Why not now!    At the very least you would think with the budget crisis that both the State and the Federal Governments suffer the Department of the Treasury would be interested in collecting taxes.  (I guess that collecting taxes from the political elite is not a priority – a rough calculation of the taxes, interest, and penalties due in Sykes is a million dollars and in Tyler – seven to eight million!  Breach of Fiduciary relationship is a taxable event)
Where is that honest complete and comprehensive investigation of Sykes case, the Tyler cse, the Gore case, the Wyman case and the dozens of other similar cases?    Why is the GAO report being ignored.
Ken Ditkowsky

A complete list of all files in Mary G Sykes case. Please note all the missing documents

Below is a table of the files on the Mary G Sykes case that were found in Judge Stuart’s courtroom. Most of the 2009 files were copies obtained from Ken’s office, not where the main file is. Why is that? Some of the Court orders are also missing, additionally, most of the files filed by Joanne are also removed from the file.

sykes docket sheet

Missing Appellate Volume: ALL 13 OF THEM

After speaking with Judge Stuart’s clerk today, it was clear that the appellate volume was not in Judge Stuart’s courtroom. She then suggested that I go down to the 6th floor to talk to the file manager Ben, who is the middle man between files coming from the Appellate division to the Circuit Court.

After checking both his computer and the physical files, he came back with empty hands and an apology. No appellate volumes to be found at all for this case.

How do nine volumes of anything just go missing?

The Appellate volumes have many of the transcripts and court orders that seem to be currently missing from the file.

Any thoughts on what happened to the Appellate volumes? Be creative in the comment section below!

Motion in Limine

BEFORE THE HEARING BOARD OF THE
ILLINOIS ATTORNEY REGISTRATION
AND
DISCIPLINARY COMMISSION
 
In the Matter of:                                                         )
                                                                                    )
            KENNETH KARL DITKOWSKY,              )
                                                                                    ) Commission No. 2012 PR 00014
                        Attorney-Respondent,                                    )
                                                                                    )
                                                No. 642754                 )
 
MOTION IN LIMINE
           
Now comes Kenneth Ditkowsky moves for a Rule in Limine prohibiting further violation of his Rights protected under the Illinois Constitution of 1970 and the First, Fifth, and Fourteenth Amendments to the United States Constitution:
1)      That the respondent is a citizen of the United States of America and the State of Illinois and therefore entitled to the protections of Article 1 of the Illinois Constitution of 1970.
2)      That the respondent is a citizen of the United States of America and the State of Illinois and therefore entitled to the protections of the First, Fifth, Thirteenth, and Fourteenth Amendments to the United States Constitution,
3)      That the policy of the State of Illinois is stated in 735 ILCS 110/5.    735 ILCS 110/5 in words and phrases states:
§ 5. Public policy. Pursuant to the fundamental philosophy of the American constitutional form of government, it is declared to be the public policy of the State of Illinois that the constitutional rights of citizens and organizations to be involved and participate freely in the process of government must be encouraged and safeguarded with great diligence. The information, reports, opinions, claims, arguments, and other expressions provided by citizens are vital to effective law enforcement, the operation of government, the making of public policy and decisions, and the continuation of representative democracy. The laws, courts, and other agencies of this State must provide the utmost protection for the free exercise of these rights of petition, speech, association, and government participation.
Civil actions for money damages have been filed against citizens and organizations of this State as a result of their valid exercise of their constitutional rights to petition, speak freely, associate freely, and otherwise participate in and communicate with government. There has been a disturbing increase in lawsuits termed “Strategic Lawsuits Against Public Participation” in government or “SLAPPs” as they are popularly called.
The threat of SLAPPs significantly chills and diminishes citizen participation in government, voluntary public service, and the exercise of these important constitutional rights. This abuse of the judicial process can and has been used as a means of intimidating, harassing, or punishing citizens and organizations for involving themselves in public affairs.
It is in the public interest and it is the purpose of this Act to strike a balance between the rights of persons to file lawsuits for injury and the constitutional rights of persons to petition, speak freely, associate freely, and otherwise participate in government; to protect and encourage public participation in government to the maximum extent permitted by law; to establish an efficient process for identification and adjudication of SLAPPs; and to provide for attorney’s fees and costs to prevailing movants.   IL ST CH 735 § 110/5
 
4)      That the First Amendment to the United States Constitution states:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.   USCA CONST Amend. I-Full Text
 
5)     That it axiomatic that a respondent is entitled to all the privileges and immunities of both the Constitution of the State and the United States of America[1] .    The United States Supreme Court has stated in numerous cases ( previously cited  – the citations are incorporated by reference and made part hereof as if set forth in detail) that limitations of Free Speech are intolerable and that Free Speech cannot be limited except in very special circumstances[2] .      A lawyer objecting to corruption, fraud, legal proceedings commenced and prosecuted without jurisdiction and/or depriving a senior citizen of her liberty, property, civil rights and human rights are not among the categories of speech that the State or the Administration can bar.
Wherefore the respondent moves that the Respondent be barred from presenting at any hearing or proceeding any testimony that the respondent (or any other citizen) made any statement as evidence of wrongdoing that is protected by the First Amendment to the United States Constitution.     In particular, the Administrator be barred from presenting as derogatory evidence the following:   
1)      Respondent was engaged by any other citizen to do any legal act.  (Association)
2)      Respondent communicated in any way with another person or entity  (free speech)
3)      Respondent communicated with any other attorney, judge, guardian, public official. (Right to petition government – free speech)
4)      Respondent made charges that a government official (including a judicial official) committed some wrongful act or refused to do some act. (right of petition)
5)      Respondent communicated with other persons that Cynthia Farenga, Adam Stern, Judge Connors, or some other persons did some act (including acts that might be deemed criminal)  (free speech and assembly)
6)      Respondent disseminated words and phrases that placed and caused others to believe that Cynthia Farenga, Adam Stern, Peter Schmiedel, other lawyers, or other persons had been miscreant or otherwise committed acts that were improper.[3]   (free speech, assembly and petition to government)
7)      Respondent used words and phrases that might tend to cause anxiety or concern in 3rd persons that they might be or might have committed acts that were in derogation or neglect of their professional responsibilities.   (free speech)
8)      Respondent may have authored, disseminated or otherwise published any other and different statement containing words and phrases which was offensive to Adam Stern, Peter Schmiedel, Lea Black, Cynthia Farenga, one or more Judges, the Administrator and other members of the political elite or judiciary.  (free speech and/or right of assembly)
9)     Respondent may have authored, disseminated or otherwise published words and phrases that were critical of judicial decision, legislation, law enforcement activities, or the policies of the ARDC and/or any other government agency or entity.
10)    Otherwise affecting Respondent’s right to communicate with regards to any other word, phrase, display, or other form of communication protected by the United States Constitution, Article One of the Illinois Constitution, or law of the United States of America.
Respectfully Submitted
 
Kenneth K. Ditkowsky

More disturbing reports from other blogs regarding the 18th floor of the Daley Center

Dear readers;

This is from another probate blog but the descriptions are eerily similar to what is going on with Mary Sykes.

thanks

JoAnne

Any diagnosis makes someone at risk of enslavement in Cook County by Cook County Guardian under Illinois Probate Law in this case study. County takes away your right to decide for self
These are some human rights problems visitors/athletes face coming to a Chicago Olympics or to Chicago
1. Asking where parent or family is can result in restraining order and jail threat by Cook County judge and sheriff staff
2. Asking to visit, take family home can result in contempt charges by Cook County judge. The judge charges money to deny visits, deny phone, taking family from nursing homes. Letters from parent that she wants to go home, be visited, get phone calls are responded to with motions to strike, being pushed from the Daley Center, contempt orders and arguments that filings are repetitive
3. Wanting parent to avoid second hand smoke results in jail threats, arm twisting, being pushed from Daley Center by some Cook County sheriff staff. Wanting parent to avoid brief second hand smoke associated with cancer can result in harassment and false following to car allegations
4. Asking what chemicals are put into parent results in harassment allegations by Cook County guardian staff Nathan Goldensen and Sadeta Kalamperovic
5. Cook County guardian staff charges over $500 for routine services to be guardians over those who have injury or illness. Their staff charge for many concerns such as “can my parent come home” or “can my parent go to the zoo” or “can my parent go outside for Christmas services” or “where is my parent.” Cook County guardian charges $18 for phone calls to them sometimes
6. Cook County guardian takes most assets essentially for their own use. Cook County guardian staff wants someone to stay in a nursing home and they use the assets for the nursing home and to dispute the right to leave the facility, go home, avoid smokers, be visited, get phone calls
7. Cook County Guardian charges money to not reimburse food, dental, optical, transportation, medical, prescription bills paid by credit card by family for the parent’s care. Requests for reimbursement are responded to with jail threats sometimes
8. Cook County Guardian staff responds to concerns that they tax Boeing involved in the war in Iraq, other wars like WWII, Vietnam and Afghanistan with jail threats and confinement of parent. Boeing’s missiles dropped in many nations at Olympics and around world
9. Cook County guardian take family mail and federal court rules guardian has the right or state courts have rights and persons under guardianship do not have federal right to complain
10. Appeals about the rights to visit family, phone family and have family come home cost $200 in the Illinois Court of Appeals and $435 in the federal court. The contempt charge about trying to visit parent and have parent go home was $100. Athletes might face jail threats for trying to visit or phone or take family from certain nursing homes here.
11. Injured and some family are treated by Cook County Guardian as without rights. Cook County guardian staff Nathan Goldensen/Belko has rights to decide but none of family have
12. Nursing home director says “you will be dead if you say things like that” about contacting the US attorney about an elderly person being treated like a slave. In response to concern with “you are going to be dead” comment, access restricted for 6 months
13. Attempts to get parent fresh air away from second hand smoke is responded to with arm twisting, jail threat, 6 month access restriction and being pushed from Daley Center.
14. Nathan Goldensen asks “are you an anti-Semite,” because I express concern with the County treating persons with injury like disabled were treated in the 1930’s under National Socialism in Germany
15. County demands $30,000-40,000 to dispute reimbursement of bills, confine family, not let family get fresh air, come with police and take away parent’s place to stay, come with police and handcuff parent for running away trying to avoid second hand smokers
16. Cook County judge tries to make concern with these issues “harm to parent,” even though parent clearly says wants to live with son, phone son, visit son, go to zoo, avoid smokers, go to own doctors, likes living and being with son
17. Parent’s hands and head are shaking, and Guardian responds to concern by restricting access to see parent
18. Cook County guardian Nathan Goldensen say did not receive letters from parent even though she called him and I gave letters to him. Nathan Goldensen acts like not aware of smokers, even though I say many smokers repeatedly and show pictures she is not able to get fresh air away from smokers
19. Judge, Cynthia Farenga and Nathan Goldensen respond to concerns with second hand smoke by restricting access and having sheriff take family from building. Lawyers charge to deny rights requests
20. Any incapacity, mental illness, disability can result in this treatment by the County.
21. Cook County judge restricts filing of documents about these issues
22. Cook County judge uses diagnoses or injury to take away rights to decide for self
23. Cook County guardian staff withholds records of chemicals put into person’s body and takes away place to stay for issues like cold water in apartment, pipes that break in cold, broken elevator, cold temperatures, area involved in war, reimbursement requests
24. Cook County guardian staff and hosptals give shots without consent for trying to get expenses reimbursed, know what is put in body, be concerned over state taxing corporation involved in war
25. War crime concerns that state taxes corporation involved in war result in jail threats, visitation, phone restrictions and going home restrictions
26. Nursing home director says “mother probably not here” even though the person is there. Location withheld for 3 or more months

27. Nathan Goldensen and Sadeta Kalamperovic hold parent in facility for 17 months or longer and go through much of family assets. $4,300 is being charged each month at nursing home
29. Chicago Police and Sadeta Kalamperovic come and handcuff parent who was trying to avoid second hand smokers at nursing homeand ran away from County staff
Probate laws can make athletes and visitors’ injuries and limitations into reasons rights lost.
Diagnoses are reasons to enslave in Illinois. Mental Illness is a reason to enslave in Illinois. Why are the 13th, 14th , 15th amendment not seen as applying to guardianship even though the actions are not that different? When persons have to appeal to the US Supreme Court to visit family, phone family, get family away from smokers, get family fresh air, have family come home, similarities with slavery are seen. Many concerns in Cook County court are responded to with jail threats and being pushed from the Daley Center.
After you go to the doctor in the United States or at least Illinois, the determination of a diagnosis is legally used to strip you of a number of rights and liberties. Guardians take you as property to charge you money to express all your rights. The simple fact that you are scared of “evil people” or want to say a word like “I am from Heaven” or princess might be used to make you into a slave or County property.

My comments are who is the “judge” but then again, it can be any of the judges in Probate. Go find a list of Daley center probate judges and just insert any name. Pick a name. Any name.

There is no doubt that an oversight committee needs to be formed for what is going on in Probate. If you go to a nursing home, dozens and dozens of seniors are begging to get out of there and go home, yet no one is investigating that. I know if they get too vociferous, then they get drugged. They know they will get drugged for that and many start to shut up.

The reality is if you are a senior and you lose your driver’s license, and even then, you can be forced to live where you don’t and your home will be sold to put you in a nursing home and pay guardianship fees.

KDD is not kidding when he calls these clout heavy nursing home systems an evil cabal of corruption and the new Gulag in the US.

Whereas other countries consider it a shame to put grandma or grandpa into a nursing home, we have made it the sucking sound of a large vacuum cleaner here–wallets, homes, savings, jewelry. You name it and it will be sold to put grandma in a nursing home with a guardian that isolates here and continuously violates the ADA and her human rights.

We already have the right laws, but the implementation of these laws by the GAL’s and the court system is turning into a human tragedy and complete loss of civil rights.

JoAnne

Oversignt committe:

1) make sure that wards are not exposed to second hand smoke

2) make sure that a home is not being sold just to dump someone in a nursing home to make the nursing home money. Those are dangerous places that precipitously decreases the lifespan of seniors by half or more (3 years avg vs. 7 or more years at home when nursing care required). Guardians and GAL’s must sign a certificate of compliance that home care is not possible and/or the ward has consented to nursing home placement. Nursing home placements should be review each 6 month with a survey from the Guardian that the placement is acceptable to the ward, that there is no other home placement among relatives, and she has sought to find a nurse for in home care and that is not possible at the present time.

3) required the judges to make appealable written findings of fact and conclusions of law when a Power of Attorney for health care selecting a guardian is ignored by the court.

4) require the judges to inquire into Sodini, asking the petitioner if all the relatives are properly listed together with their names and addresses AND to file a certificate of compliance that Petitioner has served notice on all close relatives (spouse, adult children, siblings, parents) informing each of the hearing date, place and time 14 days in advance of the hearing on a Petition for Guardianship.

5) allow concerned family and friends to appoint an independent attorney who may question the court, the guardian and the GAL’s on each and all of the above. If allegations are proven, and the ward is able to pay from the estate, the court may order reimbursement of up to half the attorney’s normal published rate.

Keeping Gloria on that good roll of court wins!

Dear Readers:

I have heard that Gloria did well in court on Friday, and that Carolyn was found in contempt of court because she refused, and continued to refuse to return Gloria’s property from the wrongful eviction from the White House. We will try to get a copy of the order and transcript for you all.

I was in the Probate court the other day, and I have since determined that 13 volumes of appellate transcripts are missing from the file. That’s about a box and a half of documents–and this is while the judge supposedly had those volumes securely locked away so papers from the file would not disappear.

However, the papers that have disappeared from the file, are only the ones that the miscreants want to have disappear–mainly my stuff, Gloria’s stuff and Ken’s stuff.

Since the judge has the file locked away, it appears to be an inside job and that exactly comports with Gloria’s story that the miscreants repeatedly go past the receptionist and are in the judge’s area. Since Greylord, there has been a court order in place to stop that, but does that stop the miscreants CF and AS? Not so, according to Gloria. Scott said he would check his notes but he is not sure he recorded when and how CF and AS have popped out of the judge’s private area. He wasn’t sure he recorded that at all, but he will let us know.

Also, coming up for August 16, 2012 is the next court date where Gloria will continue to cross Dr. Shaw on his testimony.

What I want to know is about those mini-mentals, what they comprise and how they’re supposed to be accurate regarding dementia and memory loss. How can you do that on a short questionnaire in your MD’s offices and they then use that to declare you incompetent.

FYI, those reports should not have been admitted, because they comprised hearsay on hearsay and Gloria could have easily knocked them out.. But maybe PS will forget he asked to have them admitted, and Gloria can make the argument again–they are too speculative to be of any use, no CBC was taken before which would detect hypoglycemia and other conditions which are temporary and indicate dementia, etc.

For next court date:

1) Gloria’s argument in written form that all of the evidence is too speculative and too old to be of any use in declaring a 2008 contract to be voided by the court.

2) Argument that this was not a private contract between two parties, as PS misrepresents to the court, but it is part of a valid entry of a court order. We now have the records that show PS did not file a Motion to Set Aside the apportionment agreement until May of 2011–a date far too late to come under section 1401 for attacking judgments. Kevin Salaam did an affidavit to that effect, it was a court order, and Gloria should get the file to the court and ask the judge to take judicial notice of the fact the agreement is indeed part of a court order.

3) Again, Gloria needs to get the declarations from Jo and Yo and get those on file with the court and set a time for their testimony they were not served with a time and date for the original Petition to declare Mary incompetent, and the court is acting without jurisdiction. There is also nothing in the file showing Mary received notice. A notice should have been put in the file and a certificate of service should have accompanied it setting forth it was 1) issued by the Petititon, Carolyn Toerpe; 2) it was mailed to all close relatives 14 days in advance of the hearing, namely Mary, Gloria, Jo and Yo. This was never done and I believe KDD knows the transcript date where PS or HW admitted it was never done. This court has no jurisdiction and is acting ultra vires. CT, by being well informed and continuing to participate in this charade has no business being guardian of anyone again–EVER. Gloria should be guardian, if a guardian is to be appointed, and that is only to protect Mary from Carolyn. Also, see the Table of Torts which I will be publishing on one of the pages of the website.

4) Gloria also has to put together a comprehensive response to PS’s Motion for Partition. The one that is on file now 1) does not mention the legal standards to bring a partition action; 2) she does not refute those standards, but engages in “other argument” and this is clearly marked in the judge’s comments, although the judge does indicate she thinks it is “too late” to bring up Sodini. NONSENSE. Jurisdiction can be brought up at any time–it is sooooo important.

So, let’s all keep the momentum going by encourging Jo and Yo to sign the declarations and get them back by the next August court date.

Gloria should motion up her Motion to Dismiss/Non suit for lack of jurisdiction, attach a copy of Sodini, a copy of the declarations and the transcript page clearly showing no jurisdiction.

take care all gentle readers.

Gloria can do this. She already whacked Carolyn upside the head with Judge Garber last week. She can do it again.

JoAnne

Transcripts go missing…or just simply being hidden?

Transcripts are always important for any trial case, especially one that is as highly contested and contorted as the Mary G Sykes case. After ordering a transcript form the official court reporters for the court date, March 18, 2011, an AFFIDAVIT from SUSAN COSGROVE was mailed to Denison and Assocs saying it was IMPOSSIBLE to produce the transcript for that date because she could not READ the stenographic notes (something she is paid and trained to do).

 

It’s funny how the truth always comes out in the end because on July 12, 2012, Ken’s law assistant actually sent that transcript to us via email. THEY ordered the transcript and got it but we could not. Did someone tell the court reporters not to give us that transcript? What is happening here?

 

Attached is the affidavit from SUSAN COSGROVE and the front page of the the transcript that was “impossible to produce” (There are 162 pages in all to be uploaded in another post)

Gloria’s email to Ms Lea Black requesting for all documents received that proves Sodini Requirements were met

Dear Lea Black,

With the recent passing of legislation to protect seniors from neglect and abuses that passed committee, it is even more urgent that you/the ARDC forward to me all documents received that proved that Sodini requirements were rightly met in and regarding the Mary G. Sykes case: that the Probate Court had/has jurisdiction. I had heard rumblings yesterday that the Senate Committee on Aging had passed the bill but it had no yet been publicized: it was this morning. Saving the life of my mother, her due process and my due process, et all, fulfill the criteria to expedite this request: that as a journalist I have three media projects pending, with an article, once I receive the documents from your office, that will be published nationally!

Failure to comply with this request is against the statues: ignoring my complaints against Adam Stern, Cynthia Farenga, Peter Schmiedel and Deborah Jo Soehlig in order to protect another person, or to cover up the crimes of guardianship abuse against my mother — and clearly against other elders in Chicago, is a crime and unforgivable. I await your response: I will pick up the documents at 4 pm on Monday the 16th of July 2012 unless otherwise notified.

I also understand that a national award winning investigative report is in the making and about to be aired. Guardians and Guardian Ad Litems can hide behind their buddies of the ARDC and political elite, but they cannot run from the truth. Please provide me verification including proof of service that Yolanda Bakken, Josephine Bakken and me, Gloria Jean Sykes were served notice of the Carolyn Toerpe petition for Guardianship and subsequent hearing and that all people fulfilled the requirements of the Sodini notices which is jurisdictional. The ARDC would have had to have these notices in order to ignore, dismiss, deny all complaints which were many against attorneys Peter Schmiedel, Adam Stern, Cynthia Farenga, Deborah Jo Soehlig, Harvey Jack Waller, and Joel Brodsky.

Healthy Regards,
Klobuchar legislation to protect seniors from neglect and abuse passes committee | Hometown Source

Illinois Law as it relates to Incompetency

During the Marg G Sykes Hearing on July 6, 2012, Dr Shaw endlessly ranted on about his version of the term competency. He continuously justified his reasons for declaring Mary Sykes incompetent. Here is a very articulate and well written article written by Ken that demonstrates why this is just all wrong!

PROOF OF INCOMPETENCY

1. Statute:

Currentness

§ 11a-3. Adjudication of disability; Power to appoint guardian.

(a) Upon the filing of a petition by a reputable person or by the alleged disabled person himself or on its own motion, the court may adjudge a person to be a disabled person, but only if it has been demonstrated by clear and convincing evidence that the person is a disabled person as defined in Section 11a-2. NB NOTE THE STANDARD OF PROOF SET BY THE STATUTE. This does not allow for Mr. Stern, Ms Farenga, et al .to make an agreement to allow for the appointment of their favorite as the plenary guardian. If the court adjudges a person to be a disabled person, the court may appoint (1) a guardian of his person, if it has been demonstrated by clear and convincing evidence that because of his disability he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the care of his person, or (2) a guardian of his estate, if it has been demonstrated by clear and convincing evidence that because of his disability he is unable to manage his estate or financial affairs, or (3) a guardian of his person and of his estate.

(b) Guardianship shall be utilized only as is necessary to promote the well-being of the disabled person, to protect him from neglect, exploitation, or abuse, and to encourage development of his maximum self-reliance and independence. Guardianship shall be ordered only to the extent necessitated by the individual’s actual mental, physical and adaptive limitations. NB. As Mary Sykes passed a written examination that was administered by the Secretary of State shortly before the petition was filed – the total deprivation of her privileges and immunities was not authorized by statute. IL ST CH 755 § 5/11a-3

2. Procedure:

A petition for the appointment of a guardian of the estate or of the person, or both, of a disabled person may be filed by any reputable person or by the disabled person himself or herself.1 The petition must state, if known or reasonably ascertainable:

— the relationship and interest of the petitioner to the respondent;2
— the name, date of birth, and place of residence of the respondent;3
— the reasons for the guardianship;4
— the name and post office address of the respondent’s guardian, if any;5 or of the respondent’s agent or agents appointed under the Illinois Power of Attorney Act;6
— the names and post office addresses of the nearest relatives of the respondent, in the following order:
1. the spouse, adult children, parents, and adult siblings, if any, if none;
2. the nearest adult kindred known to the petitioner;7 See: In re: Sodini The Courts have ruled this jurisdictional and in particular this prevents the railroading of a vulnerable person into bondage. Having the family know about the proceedings and having 14 days to prepare they can obtain counsel and address the fact that the person appointed as plenary guardian by the agreement of Mr. Stern, Ms. Farenga et al was the very person may sought a protective order against.
— the name and address of the person with whom, or the facility in which, the respondent is residing;8
— the approximate value of the personal property and real estate;9
— the amount of the anticipated annual gross income and other receipts;10
— the name, post office address, and, in case of an individual, the age and occupation of the proposed guardian and his or her relationship to the respondent.11

In addition, if the petition seeks the appointment of a previously appointed standby guardian as guardian of the disabled person, the petition must also state:

— the facts concerning the standby guardian’s previous appointment;12 NB. Again the disabled person is protected from a lazy court, or lazy guardian ad litem, or just momentum. Obviously this requirement was ignored in the appointment of CT as plenary guardian. and
— the date of death of the disabled person’s guardian or the facts concerning the consent of the disabled person’s guardian to the appointment of the standby guardian as guardian, or the willingness and ability of the disabled person’s guardian to make and carry out day-to-day care decisions concerning the disabled person.13

A notary public’s failure to sign the jurat on a verification of the petition for guardianship of a disabled person, does not deprive the court of jurisdiction to approve a report of the sale of the disabled person’s real estate, where the notary public administered an oath to the petitioner, and the notary seal and the petitioner’s signature were on the petition.14

Westlaw. © 2012 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.

Footnotes

1

755 ILCS 5/11a-3(a).

A person with a financial interest in having an individual determined to be disabled and in having a guardianship created is not precluded from serving as a petitioner in a guardianship proceeding. See In re Betts, 109 Ill. 2d 154, 92 Ill. Dec. 838, 485 N.E.2d 1081 (1985).

2

755 ILCS 5/11a-8(a).

3

755 ILCS 5/11a-8(b).

4

755 ILCS 5/11a-8(c).

5

755 ILCS 5/11a-8(d).

6

755 ILCS 45/1-1 et seq.

7

755 ILCS 5/11a-8(e).

8

755 ILCS 5/11a-8(f).

9

755 ILCS 5/11a-8(g).

10

755 ILCS 5/11a-8(h).

11

755 ILCS 5/11a-8(i).

12

755 ILCS 5/11a-8(j).

13

755 ILCS 5/11a-8(k).

14

In re Devereux’s Estate, 63 Ill. App. 2d 1, 211 N.E.2d 19 (1st Dist. 1965). 2 Horner Probate Prac. & Estates § 35:8

5/11a-10. Procedures preliminary to hearing

Currentness

§ 11a-10. Procedures preliminary to hearing.

(a) Upon the filing of a petition pursuant to Section 11a-8, the court shall set a date and place for hearing to take place within 30 days. The court shall appoint a guardian ad litem to report to the court concerning the respondent’s best interests consistent with the provisions of this Section, except that the appointment of a guardian ad litem shall not be required when the court determines that such appointment is not necessary for the protection of the respondent or a reasonably informed decision on the petition. If the guardian ad litem is not a licensed attorney, he or she shall be qualified, by training or experience, to work with or advocate for the developmentally disabled, mentally ill, physically disabled, the elderly, or persons disabled because of mental deterioration, depending on the type of disability that is alleged in the petition. The court may allow the guardian ad litem reasonable compensation. The guardian ad litem may consult with a person who by training or experience is qualified to work with persons with a developmental disability, persons with mental illness, or physically disabled persons, or persons disabled because of mental deterioration, depending on the type of disability that is alleged. The guardian ad litem shall personally observe the respondent prior to the hearing and shall inform him orally and in writing of the contents of the petition and of his rights under Section 11a-11. The guardian ad litem shall also attempt to elicit the respondent’s position concerning the adjudication of disability, the proposed guardian, a proposed change in residential placement, changes in care that might result from the guardianship, and other areas of inquiry deemed appropriate by the court. NB Mary appeared in Court and vigorously objected to the guardianship. She filed complaints with the Illinois Department of aging, and others. Mr. Stern made statements directly contradictory to the expressions of Mary Sykes – Documents have surfaced – I presented them and Gloria Sykes presented them that contradict Ms. Stern’s representations.l complaints to the ARDC have fallen on deaf ears – in fact it appears that making these very complaints have resulted in disciplinary proceedings being brought against me. Notwithstanding any provision in the Mental Health and Developmental Disabilities Confidentiality Act or any other law, a guardian ad litem shall have the right to inspect and copy any medical or mental health record of the respondent which the guardian ad litem deems necessary, provided that the information so disclosed shall not be utilized for any other purpose nor be redisclosed except in connection with the proceedings. At or before the hearing, the guardian ad litem shall file a written report detailing his or her observations of the respondent, the responses of the respondent to any of the inquires detailed in this Section, the opinion of the guardian ad litem or other professionals with whom the guardian ad litem consulted concerning the appropriateness of guardianship, and any other material issue discovered by the guardian ad litem. The guardian ad litem shall appear at the hearing and testify as to any issues presented in his or her report.

(b) The court (1) may appoint counsel for the respondent, if the court finds that the interests of the respondent will be best served by the appointment, and (2) shall appoint counsel upon respondent’s request or if the respondent takes a position adverse to that of the guardian ad litem. NB.Mary has made numerous requests for representation that have been ignored. Interestingly it appears that Stern has on several occasions informed the Court that Mary does not want an attorney. As Mary has made her requests in writing and these requests are part of the record – Mr. Stern’s credibility is sharply in doubt. Once again the actions of Stern and Farenga were reported to the ARDC and fell on deaf ears. The conflict between the GALs and Mary Sykes is legend. The record is replete with breaches of fiduciary relationship – focus on one fact – ‘why are there two GALs in this Estate?’ Now focus on the unbridled and unfounded verbal and written attacks by the GALs (and especially Farenga) on the younger daughter of Mary. Why has Mary’s younger sister been isolated from Mary Sykes. Prior to these events the two were literally joined at the hip! the respondent shall be permitted to obtain the appointment of counsel either at the hearing or by any written or oral request communicated to the court prior to the hearing. The summons shall inform the respondent of this right to obtain appointed counsel. The court may allow counsel for the respondent reasonable compensation.NB. Gloria Sykes has pointed out that the service on Mary was quite interesting. The Sheriff of Cook County was directed by the applicant for plenary guardian to serve Mary in Chicago – however, the applicant had taken Mary to DuPage County. The applicant (CT) made many attempts to get Mary’s doctor to give her a certificate of incompetency for Mary, but her refused. In August 2009 the transcript of proceedings reveals the Court advising CT to fine a more cooperative doctor – she did an Mary received bench service. Ms. Sykes in her investigation determined that the required warnings had not been give Mary Sykes. WHAT IS MOST DISTURBING IS THE FACT THAT EVERY ATTORNEY WHO HAS LOOKED INTO THIS CASE HAS BEEN SUBJECTED TO HARASSMENT. (I will not reiterate what has befallen me!)

(c) If the respondent is unable to pay the fee of the guardian ad litem or appointed counsel, or both, the court may enter an order for the petitioner to pay all such fees or such amounts as the respondent or the respondent’s estate may be unable to pay. However, in cases where the Office of State Guardian is the petitioner, consistent with Section 30 of the Guardianship and Advocacy Act,1where an elder abuse provider agency is the petitioner, pursuant to Section 9 of the Elder Abuse and Neglect Act,2 or where the Department of Human Services Office of Inspector General is the petitioner, consistent with Section 45 of the Abuse of Adults with Disabilities Intervention Act, no guardian ad litem or legal fees shall be assessed against the Office of State Guardian, the elder abuse provider agency, or the Department of Human Services Office of Inspector General.

(d) The hearing may be held at such convenient place as the court directs, including at a facility in which the respondent resides.

(e) Unless he is the petitioner, the respondent shall be personally served with a copy of the petition and a summons not less than 14 days before the hearing. The summons shall be printed in large, bold type and shall include the following notice:

NOTICE OF RIGHTS OF RESPONDENT

You have been named as a respondent in a guardianship petition asking that you be declared a disabled person. If the court grants the petition, a guardian will be appointed for you. A copy of the guardianship petition is attached for your convenience.

The date and time of the hearing are:

The place where the hearing will occur is:

The Judge’s name and phone number is:

If a guardian is appointed for you, the guardian may be given the right to make all important personal decisions for you, such as where you may live, what medical treatment you may receive, what places you may visit, and who may visit you. A guardian may also be given the right to control and manage your money and other property, including your home, if you own one. You may lose the right to make these decisions for yourself.

You have the following legal rights:

(1) You have the right to be present at the court hearing.

(2) You have the right to be represented by a lawyer, either one that you retain, or one appointed by the Judge.

(3) You have the right to ask for a jury of six persons to hear your case.

(4) You have the right to present evidence to the court and to confront and cross-examine witnesses.

(5) You have the right to ask the Judge to appoint an independent expert to examine you and give an opinion about your need for a guardian.

(6) You have the right to ask that the court hearing be closed to the public.

(7) You have the right to tell the court whom you prefer to have for your guardian.

You do not have to attend the court hearing if you do not want to be there. If you do not attend, the Judge may appoint a guardian if the Judge finds that a guardian would be of benefit to you. The hearing will not be postponed or canceled if you do not attend.

IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN. IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY OTHER PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND TELL THE JUDGE.NB the transcripts reveal that Mary asked for many of these rights and others asked for these right for Mary; however, they were totally ignored. This appears to be a pattern.

Service of summons and the petition may be made by a private person 18 years of age or over who is not a party to the action.

(f) Notice of the time and place of the hearing shall be given by the petitioner by mail or in person to those persons, including the proposed guardian, whose names and addresses appear in the petition and who do not waive notice, not less than 14 days before the hearing.
Credits

P.A. 79-328, § 11a-10, added by P.A. 80-1415, § 1, eff. Jan. 1, 1979. Amended by P.A. 81-795, § 1, eff. Sept. 16, 1979; P.A. 82-534, § 1, eff. Sept. 16, 1981; P.A. 88-380, § 135, eff. Aug. 20, 1993; P.A. 89-396, § 15, eff. Aug. 20, 1995; P.A. 90-628, § 25, eff. Jan. 1, 1999; P.A. 95-373, § 5, eff. Aug. 23, 2007; P.A. 96-1052, § 5, eff. July 14, 2010; P.A. 97-375, § 15, eff. Aug. 15, 2011.

Formerly Ill.Rev.Stat.1991, ch. 110 ½, ¶ 11a-10.

Relevant Notes of Decisions (41)

View all 65

Notes of Decisions listed below contain your search terms.

Guardian ad litem–In general

A guardian ad litem is not required after a hearing on a mentally disabled adult’s competence or after a plenary guardian of the person is appointed. In re Mark W., App. 1 Dist.2006, 308 Ill.Dec. 656, 371 Ill.App.3d 81, 862 N.E.2d 589, appeal allowed 310 Ill.Dec. 249, 223 Ill.2d 635, 865 N.E.2d 969, reversed 320 Ill.Dec. 798, 228 Ill.2d 365, 888 N.E.2d 15, on remand 2008 WL 2484601. Mental Health Description: Key Number Symbol ​ 488

If the juvenile court is going to appoint a guardian ad litem for a mentally-disabled-adult parent that is a party to a proceeding for termination of parental rights, the appointment should be made pursuant to the Probate Act. In re Mark W., App. 1 Dist.2006, 308 Ill.Dec. 656, 371 Ill.App.3d 81, 862 N.E.2d 589, appeal allowed 310 Ill.Dec. 249, 223 Ill.2d 635, 865 N.E.2d 969, reversed 320 Ill.Dec. 798, 228 Ill.2d 365, 888 N.E.2d 15, on remand 2008 WL 2484601. Infants Description: Key Number Symbol ​ 205; Mental Health Description: Key Number Symbol ​ 487

Guardian ad litem appointed to represent incapacitated adult represents ward’s best interests, rather than ward; guardian ad litem is only required prior to hearing on ward’s competence, although guardian ad litem or next friend may be appointed to represent ward’s interests in subsequent litigation. In re Guardianship of Mabry, App. 4 Dist.1996, 216 Ill.Dec. 848, 281 Ill.App.3d 76, 666 N.E.2d 16, rehearing denied. Mental Health Description: Key Number Symbol ​ 133; Mental Health Description: Key Number Symbol ​ 485.1; Mental Health Description: Key Number Symbol ​ 495

Circuit court is charged with duty to protect interests of ward and has, by statute and otherwise, those powers necessary to appoint guardian ad litem to represent interests of ward during court’s exercise of its jurisdiction. In re Serafin, App. 2 Dist.1995, 208 Ill.Dec. 612, 272 Ill.App.3d 239, 649 N.E.2d 972. Mental Health Description: Key Number Symbol ​ 471; Mental Health Description: Key Number Symbol ​ 487

Attorney’s failure to bring to trial court’s attention conflict in her dual roles as mentally disabled patient’s attorney and guardian resulting from patient’s request to represent herself, which required trial court to consult with guardian to determine whether patient should be allowed to represent herself, could not relieve court of its responsibility for making required appointment of guardian to protect patient’s interest. In re Estate of Ohlman, App. 1 Dist.1994, 197 Ill.Dec. 9, 259 Ill.App.3d 120, 630 N.E.2d 1133. Mental Health Description: Key Number Symbol ​ 133

If patient has already been involuntarily committed as mentally ill and danger to himself or others, court considering whether to appoint guardian must presume that patient is not capable of protecting patient’s interests. In re Estate of Ohlman, App. 1 Dist.1994, 197 Ill.Dec. 9, 259 Ill.App.3d 120, 630 N.E.2d 1133. Mental Health Description: Key Number Symbol ​ 135

Statute governing appointment of guardian ad litem requires court to appoint guardian ad litem unless court has grounds for finding that guardian is not needed. In re Estate of Ohlman, App. 1 Dist.1994, 197 Ill.Dec. 9, 259 Ill.App.3d 120, 630 N.E.2d 1133. Mental Health Description: Key Number Symbol ​ 133

Trial court committed reversible error when it failed to appoint separate guardian ad litem to protect interests of mentally disabled patient once patient asserted right to proceed without assistance of counsel; trial court needed guardian ad litem to help determine whether to appoint counsel for patient against patent’s wishes. In re Estate of Ohlman, App. 1 Dist.1994, 197 Ill.Dec. 9, 259 Ill.App.3d 120, 630 N.E.2d 1133. Mental Health Description: Key Number Symbol ​ 133; Mental Health Description: Key Number Symbol ​ 156

Individual adjudicated disabled adult for whom guardian was appointed as result of petition by his mother was not deprived of his rights by entry of original guardianship order despite lack of compliance with statutorily mandated requirements applicable to disability adjudication including lack of medical report describing nature and extent of individual’s physical and mental disability and presence of individual or representation by guardian ad litem or other counsel at hearing, where there was no contention that individual was not disabled adult under definition of Probate Act and court implemented measures for individual’s protection as result of petition. In re Estate of Steinfeld, 1994, 196 Ill.Dec. 636, 158 Ill.2d 1, 630 N.E.2d 801, certiorari denied 115 S.Ct. 59, 513 U.S. 809, 130 L.Ed.2d 17. Mental Health Description: Key Number Symbol ​ 156

Even under ch. 110, ¶ 54 providing that if party is declared incompetent prosecution or defense shall be maintained by party’s representative, guardian ad litem or next friend, it is not reversible error to fail to appoint guardian ad litem for one for whom actual incompetence has not been formally so adjudged. Freiders v. Dayton, App. 2 Dist.1978, 19 Ill.Dec. 316, 61 Ill.App.3d 873, 378 N.E.2d 1191. Mental Health Description: Key Number Symbol ​ 496

Court before which action was brought for specific performance of contract for purchase of house owned by 85-year-old woman, although it was not required to appoint guardian ad litem for defendant houseowner, was under the circumstances within its power in doing so. Freiders v. Dayton, App. 2 Dist.1978, 19 Ill.Dec. 316, 61 Ill.App.3d 873, 378 N.E.2d 1191. Mental Health Description: Key Number Symbol ​ 487

Appointment of guardian ad litem to act as representative for party in need of such representation is procedural and not jurisdictional matter. Freiders v. Dayton, App. 2 Dist.1978, 19 Ill.Dec. 316, 61 Ill.App.3d 873, 378 N.E.2d 1191. Mental Health Description: Key Number Symbol ​ 488

n.b. Where circuit court on appeal from probate court adjudged alleged incompetent to be competent, probate court could not thereafter hold attorney for alleged incompetent in civil contempt of court for disobedience of orders previously entered by probate court concerning inquiry into mental condition of alleged incompetent or for assisting in denying guardian ad litem free access to alleged incompetent or assisting alleged incompetent to avoid service of process in connection with incompetency proceeding. In re Pine’s Estate, App.1958, 16 Ill.App.2d 584, 149 N.E.2d 787. Contempt Description: Key Number Symbol ​ 49

In considering appointment of a guardian ad litem, the question to be determined is the capacity of the person whose fitness is challenged to intelligently choose counsel and consult and advise with him in conduct of litigation, or capacity to manage and care for the particular business or matter involved. In re Pine’s Estate, App.1958, 16 Ill.App.2d 584, 149 N.E.2d 787. Mental Health Description: Key Number Symbol ​ 488

Generally, there should be no conflicting interest between alleged incompetent and the party representing him as guardian ad litem. In re Pine’s Estate, App.1958, 16 Ill.App.2d 584, 149 N.E.2d 787. Mental Health Description: Key Number Symbol ​ 492

Where proceeding to have an elderly woman declared incompetent was commenced by principal beneficiary under her will in order to prevent her from conveying her property to another, probate court should proceed with extreme caution in exercise of discretion to appoint a guardian ad litem to represent alleged incompetent and only after notice to alleged incompetent. In re Pine’s Estate, App.1958, 16 Ill.App.2d 584, 149 N.E.2d 787. Mental Health Description: Key Number Symbol ​ 133

Circuit court did not abuse its discretion in failing to appoint a guardian ad litem to represent alleged incompetent in proceeding for appointment of a conservator, where alleged incompetent was aware of nature of proceeding and possessed sufficient judgment to select his own counsel to defend his interests. Rankin v. Rankin, App.1944, 54 N.E.2d 58, 322 Ill.App. 90. Mental Health Description: Key Number Symbol ​ 133

Where there has not been a judgment fixing mental status of one of parties to a proceeding alleged to be incompetent, court has power to determine all facts essential to a proper adjudication upon need for a guardian ad litem for such party. Cowdery v. Northern Trust Co., App.1944, 53 N.E.2d 43, 321 Ill.App. 243. Mental Health Description: Key Number Symbol ​ 490

—- Compensation, guardian ad litem

Circuit Court retained authority to award guardianship fees to public guardian who was appointed as temporary guardian for disabled ward, and to ward’s guardian ad litem, even after ward’s death terminated the guardianship; Probate Act explicitly provided for the award of reasonable fees for temporary guardians and guardians ad litem, and nothing in the statutes terminating a guardian’s authority to act for the ward upon the ward’s death deprived the court of power to award fees after the ward’s death. In re Estate of Pellico, App. 2 Dist.2009, 334 Ill.Dec. 12, 394 Ill.App.3d 1052, 916 N.E.2d 45. Mental Health Description: Key Number Symbol ​ 180.1; Mental Health Description: Key Number Symbol ​ 493

Statute on payment of guardian ad litem’s fee in proceeding to appoint guardian for disabled adult clearly expresses that court may assess guardian ad litem fees only against respondent or his or her estate or, in event respondent is unable to pay, against petitioner. In re Estate of Bishop, App. 2 Dist.2002, 268 Ill.Dec. 136, 333 Ill.App.3d 1113, 777 N.E.2d 1059. Mental Health Description: Key Number Symbol ​ 493

Son who filed counter petition in daughters’ proceeding to appoint guardian for their mother, in which son asked that mother not be adjudicated disabled or, in alternative, that son be named her guardian, was “petitioner” for purposes of statute on payment of fees of guardian ad litem by petitioner if respondent is unable to pay; initial petition was filed by daughters, but son inserted himself in matter by filing counter petition and created issues to which guardian ad litem had to respond, namely, whether son should be appointed guardian. In re Estate of Bishop, App. 2 Dist.2002, 268 Ill.Dec. 136, 333 Ill.App.3d 1113, 777 N.E.2d 1059. Mental Health Description: Key Number Symbol ​ 493

Trial court had statutory authority to tax temporary guardian ad litem fees against ward, where court appointed attorney and temporary guardian ad litem to represent ward in proceeding, there was no finding that appointment of guardian ad litem was not necessary, and court determined that ward was able to pay fees, even though there was never finding that ward was disabled, petitioners never sought hearing on petition for appointment of permanent guardian, and case was dismissed for want of prosecution. In re Serafin, App. 2 Dist.1995, 208 Ill.Dec. 612, 272 Ill.App.3d 239, 649 N.E.2d 972. Mental Health Description: Key Number Symbol ​ 158.1

Trial court’s conclusion that disabled adult for whom guardian ad litem was appointed, after adult had refused to consent to surgery, would not pay fees was reasonable, for purpose of determining whether guardian ad litem should be allowed fees, where no one affiliated with hospital or with suit had any contact with adult after she was released from hospital. In re Estate of Stoica, App. 1 Dist.1990, 148 Ill.Dec. 555, 203 Ill.App.3d 225, 560 N.E.2d 1152. Mental Health Description: Key Number Symbol ​ 493

Implicit in each probate act section providing for taxation of costs is necessity for appointment of both guardian of estate of disabled person and guardian ad litem, and where petition forappointment of permanent guardian was dismissed after hearing and private counsel had appeared on behalf of allegedly disabled adult as soon as notice was received of pending hearing on guardianship, relevant provisions of Probate Act furnished no justification for taxation of guardian ad litem and temporary guardian costs to subject of the petition. In Interest of Prior, App. 3 Dist.1983, 72 Ill.Dec. 423, 116 Ill.App.3d 666, 452 N.E.2d 676. Mental Health Description: Key Number Symbol ​ 158.1

Where guardian ad litem had been allowed fee in circuit court for his services as guardian ad litem of incompetent, and Appellate Court was without knowledge of fees customarily charged by members of bar of county where action was brought, and parties did not present evidence on nature and extent of services performed and value thereof, it was proper that award of fee for guardian ad litem on appeal be fixed by circuit court, and Appellate Court would remand cause to circuit court to determine fee on appeal. Cain v. Hougham, App.1969, 116 Ill.App.2d 439, 253 N.E.2d 137. Mental HealthDescription: Key Number Symbol ​ 493

Self-representation

Evidence that mentally disabled patient was totally without understanding or capacity to make responsible decisions concerning her person or her assets required trial court to reverse its prior decision to allow patient to represent herself, absent strong evidence that appointment of counsel was not in patient’s best interest. In re Estate of Ohlman, App. 1 Dist.1994, 197 Ill.Dec. 9, 259 Ill.App.3d 120, 630 N.E.2d 1133. Mental Health Description: Key Number Symbol ​ 133 NB This case points out the conflict that the Court GALs and the Guardians must face. Whenever confronted by any member of the public or Mary herself seeking to assert the statutory and Constitutional Rights the mantra is Mary said she does not want ****(you fill in the blanks). The Court accepts the statement – but, if Mary is indeed incompetent then the rights have to be asserted because she is unable to decide for herself as to whether or not it is in her best interests to waive rights. By not holding the actual hearings that are required by statute and applying the proper standards basic civil rights of the elderly are being ignored. Essentially a Soviet style Gulag has been promulgated. As a matter of law, the court and its appointee have entered into a conspiracy to violate the First, Fifth, Thirteenth, and Fourteenth Amendments to the United States Constittion. As these actions are ultra vires, the question of immunity is off the table. The Nuerenberg Trials settled this argument.

Counsel

If the guardian ad litem (GAL) for a mentally disabled ward in a probate proceeding and the ward are in agreement, the GAL does in effect represent the ward; however, the court must appoint separate counsel if the ward requests it or if the ward and the GAL take different positions. In re Mark W., App. 1 Dist.2006, 2006 WL 1667495, opinion withdrawn, opinion modified and superseded 308 Ill.Dec. 656, 371 Ill.App.3d 81, 862 N.E.2d 589, appeal allowed 310 Ill.Dec. 249, 223 Ill.2d 635, 865 N.E.2d 969, reversed 320 Ill.Dec. 798, 228 Ill.2d 365, 888 N.E.2d 15, on remand 2008 WL 2484601. Mental Health Description: Key Number Symbol ​ 491 NB The Administration of the programs designed to protect the senior citizen from abuse and exploitatin have demonstrated in not only Sykes, but nationally that the patently untrue statement of the GAL or other appointed person is consider as gosspel

In probate proceedings, if the guardian ad litem and the ward are in agreement, the guardian does in effect represent the ward; however, the court must appoint separate counsel if the ward requests it or if the ward and guardian take different positions. In re Mark W., App. 1 Dist.2006, 308 Ill.Dec. 656, 371 Ill.App.3d 81, 862 N.E.2d 589, appeal allowed 310 Ill.Dec. 249, 223 Ill.2d 635, 865 N.E.2d 969, reversed 320 Ill.Dec. 798, 228 Ill.2d 365, 888 N.E.2d 15, on remand 2008 WL 2484601. Mental Health Description: Key Number Symbol​ 495The words of the Mark case appear to be mandatory – but ****

Court could appoint counsel for mentally disabled patient who did not request counsel and who took no position adverse to counsel only if it found that appointment was in patient’s best interests. In re Estate of Ohlman, App. 1 Dist.1994, 197 Ill.Dec. 9, 259 Ill.App.3d 120, 630 N.E.2d 1133. Mental Health Description: Key Number Symbol ​ 133

Court could appoint attorney but no guardian ad litem for mentally disabled patient based on determination that attorney could provide protection that would otherwise be guardian’s responsibility, although this required attorney to act as both guardian ad litem and as attorney. In re Estate of Ohlman, App. 1 Dist.1994, 197 Ill.Dec. 9, 259 Ill.App.3d 120, 630 N.E.2d 1133. Mental Health Description: Key Number Symbol ​ 133

Respondent in proceeding to have him declared incompetent has the right to retain his own attorney. In re Pine’s Estate, App.1958, 16 Ill.App.2d 584, 149 N.E.2d 787. Mental Health Description: Key Number Symbol ​ 133

Service of process

Constructive service on person domiciled within state, but located outside borders thereof, held not to give jurisdiction in proceeding in personam for declaration of incompetency and appointmentof conservator for person. McCormick v. Blaine, 1931, 178 N.E. 195, 345 Ill. 461. Mental Health Description: Key Number Symbol ​ 131

Notice

Allegedly disabled adult received reasonable notice of hearing at which petition to appoint public guardian for him would be heard and opportunity to be heard during that proceeding, thus satisfying federal due process; summons and copy of petition were personally served, summons supported conclusion that he was given reasonable notice of hearing, which in turn gave him opportunity to be heard, and he had no known living spouse or adult kindred. Young v. Murphy, N.D. Ill.1995, 883 F.Supp. 256, reconsideration denied 161 F.R.D. 61. Constitutional Law Description: Key Number Symbol ​ 4339; Mental Health Description: Key Number Symbol ​ 130

In an original guardianship proceeding, the nearest living relatives of the alleged disabled adult must be given notice, and failure to give notice to such relatives is a jurisdictional defect requiring vacation of the order appointing a guardian. In re Estate of Debevec, App. 5 Dist.1990, 142 Ill.Dec. 302, 195 Ill.App.3d 891, 552 N.E.2d 1043. Guardian And Ward Description: Key Number Symbol ​ 13(3) Matter of Sodini, App. 4 Dist.1988, 123 Ill.Dec. 67, 172 Ill.App.3d 1055, 527 N.E.2d 530.

Notice to one alleged to be incompetent and his/her close relatives is required before he may be adjudged incompetent and a conservator appointed for him. Matter of Sodini, App. 4 Dist.1988, 123 Ill.Dec. 67, 172 Ill.App.3d 1055, 527 N.E.2d 530. Mental Health Description: Key Number Symbol​ 128 (notice must be 14 days prior) NB in Illinois like most States the lower Courts are obligated to take direction from the Courts of last resort. as the Appellate Court has ruled that the notice to the close relatives is jurisdictional it is very difficult to rationalize the fact that the close relatives were not afforded notice and Stern, Farenga, Schmiedel continue to act under color of statute to keep Mary Sykes in bondage, not report the dissipation of approximately a million dollars of her assets, isolate her from her friends, family and activities and deny her liberty, property, civil right and human rights. What is also most disturbing is the number of times that Mary Sykes has been rushed to the Emergency Room. Last December she was neglected and lost 10% of her body weight.

Failure of son and granddaughter of woman, in their petition to have woman adjudicated incompetent and to be appointed conservators of her estate, to give notice of time and place of hearing on the petition to other son of woman did not result in fraud upon the court concerning woman’s need for a conservator or petitioners’ qualifications to serve in that capacity. In re Neuf’s Estate, App. 5 Dist.1980, 40 Ill.Dec. 704, 85 Ill.App.3d 468, 406 N.E.2d 907. Mental Health Description: Key Number Symbol ​ 129

Authority of court

The trial court exceeded its authority when it sua sponte appointed a guardian ad litem for two adult former foster children, who had allegedly suffered permanent and severe physical and psychological injury as a result of sexual abuse by their foster fathers, over the objection of the former foster children and their attorney; the trial court never held a competency hearing or declared that former foster children were incompetent or disabled, the doctrine of parens patriae did not apply since former foster children were competent adults, and the trial court failed to comply with the provisions of the Probate Act for appointing a guardian. J.H. v. Ada S. McKinley Community Services, Inc., App. 1 Dist.2006, 308 Ill.Dec. 255, 369 Ill.App.3d 803, 861 N.E.2d 320. Infants Description: Key Number Symbol ​ 1238(1); Infants Description: Key Number Symbol ​ 1240(1); Mental Health Description: Key Number Symbol ​ 487; Mental Health Description: Key Number Symbol ​ 490

Hearings

Statute setting out preliminary procedures for appointment of guardians for disabled adults and providing that hearings were to be held within 30 days of filing of petition was directory, rather than mandatory, and thus failure of trial court to hold hearing within 30 days of filing of petition by son and son-in-law seeking guardianship of mother did not void court’s guardianship order;NB. Time constraints are irrelevant when the object of the guardians are involved. They only apply to limit the objectors (i.e. ordinary citizens exercising their First Amendment Rights) statute did not contain any negative language or provide any sanction or other consequences for failure to conduct hearing within 30 days of filing of petition, and rights of mother would not be injuriously affected by the fact that hearing was not held within statutory time period. (Per McCullough, J., with one justice specially concurring.) In re Estate of Doyle, App. 4 Dist.2005, 297 Ill.Dec. 868, 362 Ill.App.3d 293, 838 N.E.2d 355, rehearing denied, appeal denied 303 Ill.Dec. 2, 218 Ill.2d 539, 850 N.E.2d 807. Mental Health Description: Key Number Symbol ​ 137.1
Footnotes

1 20 ILCS 3955/30.

2 320 ILCS 20/9. 755 I.L.C.S. 5/11a-10, IL ST CH 755 § 5/11a-10

Current through P.A. 97-704 of the 2012 Reg. Sess.

IL ST CH 755 § 5/11a-10

Upon the filing of a petition by a reputable person or by the alleged disabled person himself or on its own motion, the court may adjudge a person to be a disabled person, but only if it has been demonstrated by clear and convincing evidence that the person is a disabled person as defined in Section 11a-2. If the court adjudges a person to be a disabled person, the court may appoint (1) a guardian of his person, if it has been demonstrated by clear and convincing evidence that because of his disability he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the care of his person, or (2) a guardian of his estate, if it has been demonstrated by clear and convincing evidence that because of his disability he is unable to manage his estate or financial affairs, or (3) a guardian of his person and of his estate. 755 ILCS 5/11a-3(a).

Guardianship shall be utilized only as is necessary to promote the well-being of the disabled person, to protect him from neglect, exploitation, or abuse, and to encourage development of his maximum self-reliance and independence. Guardianship shall be ordered only to the extent necessitated by the individual’s actual mental, physical and adaptive limitations. 755 ILCS 5/11a-3(b).NB: This is a sticking point. A guardianship is not an all or nothing thing. If the Court finds that I am a spendthrift that does not mean that I have to have permission of the plenary guardian to attend the church of my whim and desire or to eat drink and be merry to the full extent of my allowance. The guardian is a ‘crutch’ not a Dominique.

There is a clear distinction between a proceeding to adjudge a person mentally ill and one to adjudge him incompetent. The former relates to an inquiry and determination as to the condition of his mind without special reference to his property. The latter relates to an inquiry and determination as to his habits regarding his disposition to spend, waste or lessen his estate. It is not necessary to find a person to be mentally ill and totally lacking in capacity to manage his affairs. A mild form of mental illness may make a person highly susceptible to certain emotional appeals and incapable of making rational decisions concerning the disposition of his income or his estate. This could constitute waste of his estate and subject him to want and suffering even though the objects of his bounty may be engaged in worthwhile spiritual or religious activities. The test is incapability to manage one’s own affairs so that waste and suffering are inevitable. A person who wanted to liquidate his entire estate and give it to “Christ is the Answer” may properly be found to be incompetent and a conservator appointed. Matter of Langford’s Estate, 50 Ill. App. 3d 623, 7 Ill. Dec. 574, 364 N.E.2d 735 (4th Dist. 1977).

One’s ability to manage his person does not resolve itself upon the question of whether the individual can accomplish tasks without assistance but rather whether the individual has the capability to take care and intelligently direct that all his needs are met through whatever device is reasonably available under the circumstances. Some of the actions which indicate the ability to care for one’s own needs include the appointment of an attorney-in-fact and the selection of a nursing home. The unsubstantiated opinions of witnesses that a person was not capable of taking care of himself or his affairs, without any reasons given for such conclusions will not support an adjudication of incompetency. Matter of McPeak’s Estate, 53 Ill. App. 3d 133, 11 Ill. Dec. 349, 368 N.E.2d 957 (5th Dist. 1977).

The extremes that reviewing courts will go to uphold the order of the trial court refusing to appoint a guardian for the estate and person is Galvin’s Estate v. Galvin, 112 Ill. App. 3d 677, 68 Ill. Dec. 370, 445 N.E.2d 1223 (1st Dist. 1983), wherein the alleged incompetent had strokes, had a pet black widow spider, believed he could fire by pointing his finger, and that he was a coworker with the Shah of Iran.

Although a person may be disabled in the statutory sense of not being fully able to manage her person, a guardian of her person is not permissible or appropriate if that person is capable of making and communicating responsible decisions concerning the care of her person, even though the appointment of a guardian of her estate is appropriate. The adjudication of disability is a uniquely factual determination. It is to be made by the trial court. It is not to be disturbed upon review unless the trial court’s findings are against the manifest weight of the evidence. In re Estate of Hickman, 208 Ill. App. 3d 265, 153 Ill. Dec. 31, 566 N.E.2d 881 (4th Dist. 1991).

20 Ill. Prac., Estate Planning & Admin. § 279:4 (4th ed.)

§ 35:4. Appointment

After compliance with statutory procedures regarding a hearing and notice to the respondent, a court must appoint a plenary guardian of the person or the estate, or both, of one adjudged to be a disabled person if the court finds that limited guardianship will not provide sufficient protection for the disabled person, his or her estate, or both.1 A plenary guardian is one who has the general care and control of the person and estate of a ward.2 A guardian may also be appointed for a limited purpose if the court finds that guardianship is necessary for the protection of the disabled person, his or her estate, or both.3 The guardian of the estate of a ward need not participate in or review the prosecution of an action on behalf of the ward where the attorney’s fees will be determined solely on a contingency basis.4

The justification for the appointment of a guardian is founded primarily on the incapability of managing one’s person or estate, and not on the cause of that incapability.5 The purpose ofappointing a guardian for a disabled person is to protect that person from personally wasting his or her estate or allowing others to do so.6 The question is not whether the person can accomplish specific tasks, but rather whether the person has the capability to take care of himself or herself, or intelligently direct that his or her needs are met through whatever device is reasonably available under the circumstances.7 It is not imperfection of mentality per se which justifies the appointment of a guardian, but rather the inability to manage one’s person or estate due to that imperfection of mentality.8 Thus, a trial court errs when it appoints a guardian over the respondent’s person after adjudicating the respondent a disabled person within the meaning of the Probate Act of 1975 where the respondent is able to manage his or her own person, even though the respondent’s lifestyle is eccentric.9

Where the court has the statutory authority to adjudicate a person as a disabled person and to appoint a guardian, the court’s failure to follow the statutory procedure in making the adjudication could render the order voidable.10 However, the failure to follow statutory requisites does not render the order void from the outset.11
Footnotes

1

755 ILCS 5/11a-12(b).

In re Estate of Steinfeld, 158 Ill. 2d 1, 196 Ill. Dec. 636, 630 N.E.2d 801 (1994) (sibling had standing to challenge disability and guardianship order).

2

In re Estate of Byrd, 227 Ill. App. 3d 632, 169 Ill. Dec. 772, 592 N.E.2d 259 (1st Dist. 1992).

3

In re Guardianship of Austin, 245 Ill. App. 3d 1042, 185 Ill. Dec. 852, 615 N.E.2d 411 (4th Dist. 1993).

Appointment of a limited guardian restricted to the investment of the respondent’s inheritance is proper, where the respondent does not lack all capacity to understand or manage day-to-day financial needs. Estate of Barr, 142 Ill. App. 3d 428, 96 Ill. Dec. 781, 491 N.E.2d 1241 (1st Dist. 1986).

4

755 ILCS 5/11a-18(c).

5

In re Stevenson’s Estate, 44 Ill. 2d 525, 256 N.E.2d 766 (1970).

6

Matter of Estate of Kutchins, 169 Ill. App. 3d 641, 120 Ill. Dec. 114, 523 N.E.2d 1025 (1st Dist. 1988).

7

See Matter of McPeak’s Estate, 53 Ill. App. 3d 133, 11 Ill. Dec. 349, 368 N.E.2d 957 (5th Dist. 1977); In re Dunning, 211 Ill. App. 633, 1918 WL 1982 (2d Dist. 1918), Leefers v. People ex rel. Leefers, 123 Ill. App. 634, 1906 WL 1592 (3d Dist. 1906).

8

In re Stevenson’s Estate, 44 Ill. 2d 525, 256 N.E.2d 766 (1970); Galvin’s Estate v. Galvin, 112 Ill. App. 3d 677, 68 Ill. Dec. 370, 445 N.E.2d 1223 (1st Dist. 1983).

9

Estate of Barr, 142 Ill. App. 3d 428, 96 Ill. Dec. 781, 491 N.E.2d 1241 (1st Dist. 1986).

10

Estate of Steinfeld, 233 Ill. App. 3d 715, 175 Ill. Dec. 12, 599 N.E.2d 1026 (1st Dist. 1992), judgment aff’d in part, rev’d in part on other grounds, 158 Ill. 2d 1, 196 Ill. Dec. 636, 630 N.E.2d 801 (1994).

11

Estate of Steinfeld, 233 Ill. App. 3d 715, 175 Ill. Dec. 12, 599 N.E.2d 1026 (1st Dist. 1992), judgment aff’d in part, rev’d in part, 158 Ill. 2d 1, 196 Ill. Dec. 636, 630 N.E.2d 801 (1994).

2 Horner Probate Prac. & Estates § 35:4

Reviewing the file again–soooo very much to find and so very little time!

Dear Ken:

Well, spending 6 hours today working on that file was interesting.  Apparently the PS/HW are, as suspected, very light on taking care of paperwork.

I know you will be very surprised to learn of the following:

1)  PS’s Motion to Declare the Apportionment Agreement Null and Void was not filed until May 20, 2011–well past the sec 1401 two year limitations period.  No surprise there.  What is surprising is that Joel Brodsky told the court and PS that back in August of 2010, giving the miscreants a couple of months to file the motion, and they clearly blew it.  There are transcripts where PS has misrepresented to the court that the “apportionment agreement” was merely a private agreement between 2 parties, it was not a court order, and therefore it could be set aside.  All lies.  The miscreants have stood by and said nothing while PS lied about all that.  Kevin Salaam’s affidavit clearly said it was filed with the court and became part of the final settlement order.

2)  During the last hearing, PS told the court that all of Gloria’s witnesses and exhibits were stricken and he had a court order.  He said that Gloria did not turn over her list of exhibits and witnesses on time.  Gloria vehemently denied that.  I could find no court order providing a date for the parties to exchange witness lists and exhibits, I could not find anyone’s witness/exhibit list on file (tho Gloria said she emailed hers to PS, she should have offered to pop open her laptop and show the court on a secure server that she sent those off via email.

PS lies about the court records all the time.  Gloria objected to all of this at the last court hearing, and said PS was lying, but then later she forgot about all of it.

PS has also told the court that Gloria’s Requests to Admit were stricken, but again, there is no court order to that effect either I  could find.

3) Sometime in June 2010, Gloria brought up the issue of Sodini notices not being given and that the court replied “I believe that Judge Connors reviewed that issue and I will not do it again.”  However, the law is that jurisdiction is soooo very important it must be explored each time it is brought up and the court must patiently listen.  I have now very carefully reviewed the court’s records, I have spent about 6 hours, and there is no court order making any findings of fact or conclusions of law on subject matter jurisdiction.  We will provide declarations to that effect.

I personally think a motion for perjury should be in order against PS.  He has lied regarding just about every main issue that was presented in Probate–the jurisdiction, the apportionment, striking Gloria’s witnesses.  You name it, he lies about it.  Unfortunately, perjury is really not possible regarding an atty in court.  Opposing counsel (Gloria) should be filing pleadings and demanding justice on a regular basis.

For the next court date she should put all of the above in writing and bring it to the court’s attention and demand a date to bring her witnesses and exhibits to court.  She should have her own witness that mini-mentals casually mentioned in a medical report are not conclusive evidence of incompetency, etc.

thanks for all your help

joanne

What’s up with Lea Black and the dog and a simple deposition?

Dear Readers;

I have to tell you I cannot figure out any of this at all.  Now LB is accusing Gloria of saying July 5, 2012 was a date previously provided to her, and that’s why LB is having fits because Gloria wants to change it?

What’s up with that?

Even assuming arguendo that Gloria told LB that July 5, 2012 was good for her deposition, when LB sent out the notice of deposition and Gloria responded it was not a good date, LB should have accommodated her.  After all, it’s not a hearing, it’s just a deposition and those are easily changed.  No one should care 5, 6 or 7 days in advance.  Heck, I’ve even had deponents that had to go to the hospital with a close family member at the last minute, and I’ve changed and accommodated the deponent.

Attorneys pretty much have to go to work every day.  I don’t understand what difference a few days or even weeks matter.  A true funny story.  I had a case where on or about February 1st, a Jewish deponent said holidays were coming up and he couldn’t do a deposition until 3rd week in April.  Not kidding.  And he wasn’t even a Rabbi or anything connected with a house of worship, he just wanted to skip 10 weeks!  We actually had to extend discovery to accommodate that one!

So I don’t get LB.  And the thing with the dog is even dumber.  Why should she care if Shaggy is trained, untrained, certified, uncertified or even decertified?  She knows that Carolyn took all of Gloria’s during the wrongful eviction action she filed and effectuated.  And Gloria wrote LB right away with a number of alternative dates.

What a crazy, out of control case.  The parties are supposed to work together on dates.  LB should be nice about the dog thing.  (Everyone in my building seems to have a dog, and those dogs go to work, and well, I actually like that.  We’ve had a chocolate lab, a standard poodle, a German shephard and a few other types of dogs that have come to work with doggie mom or dad and I see no problems).

I personally would NEVER ask anyone with a “service animal”–dog, cat, pocket pooch, bird, whatever, to produce documents and certifications.  How rude.  If someone needs a service animal that means they have an unfortunate condition and everyone should accommodate with the fewest questions.  Gloria is no exception.

Perhaps LB is worried Shaggy will make everyone laugh and smile and not worry about the ARDC’s dumb, trumped up case against an innocent, hard working attorney.  Well, that would be a benefit.

Read on for Gloria’s interesting response to all of this…

And again, LB is making a huge mistake to make a civil war out of deposition dates.  Most judges would never tolerate such behavior and they would force LB to take a date of Gloria’s choosing if it were brought to the court’s attention.  Nastiness, lack of understanding and accommodation against a member of the public is seldom tolerated in court.  An ARDC proceeding should be no exception.  Someone needs to stop acting shady and start acting like a lady.

take care

joanne

From: kenneth ditkowsky
Sent: Jul 9, 2012 3:14 PM
To: probate sharks , NASGA , matt senator kirk
Cc: JoAnne M Denison , Lawrence Hyman
Subject: Fw: Ms. Lea Black – deposition of Gloria Jean SykesTh

The letter attached to Ms. Sykes’ e-mail is about as unprofessional a communication as can be imagined.   If you maintain a book of examples of do and do nots the Letter attached to Ms. Sykes e-mail is one of the Do nots.
The Sykes case and similar cases are clearly not helping the reputation of the legal profession!    When the victims and the family members of victims are treated to the discourtesy of the attached letter it is clear that civility is no longer one of the criterion of 2nd oldest profession.   In these Elder Abuse cases the attached letter is the rule and not the exception     It appears that Greylord is not dead and the defensiveness that is exhibited by those defending the current status quo is so pernicious that any reasonable person has to ask – what are they hiding?     Only an honest investigation by law enforcement will disclose that fact.
Ken Ditkowsky
—– Forwarded Message —–
From: GLORIA Jean SYKES <gloami@msn.com>
To: aRDC chicago <13125652320@myfax.com>

Sent: Monday, July 9, 2012 2:22 PM
Subject: RE: Ms. Lea Black – deposition of Gloria Jean Sykes

Ms. Black,


    The science behind LIES is quite extensive and today, our body language, facial expressions and ‘tones’ of our voices, all are tracks leading to the truth: also the words and phrases we chose when we are writing letters, also give an unveiled look into the author’s mind:  lies have consequences, Ms. Black.  Therefore, I reject your letter (undated) with the envelop dated June 2, 2009 as it is loaded with LIES, and misquotes, which is a common practice in communications (written and verbal) by you, your colleagues at the ARDC as well as your buddies, attorneys Cynthia Farenga, Adam Stern, Peter Schmiedel, Joel Brodsky, Deborah Jo Soehlig, and Harvey Jack Waller: using your paralegal Amy Brown as a witness to what I said or didn’t say is an embarrassment to not only to the few decent attorneys world wide, but also treason against the United States and Illinois Constitutions (not to forget, extreme violations of the Professional Codes of Ethics)!  Ms. Black, I have made plans and fulfilled 100% of them for the 4th of July since 1994!  It is atrocious that you or any person questions that I (or any person) makes ‘plans’ for the Fourth of July holiday!

But let’s start with the mail delivery.  The letter you or somebody at the ARDC wrote that was in the envelop I just received on the 7th July, 2012, was not dated: however, the envelope is dated and I will copy and provide to the U.S. Postal Inspector for his on going investigation into the thievery of my mail (which attorney Peter Schmiedel has actually brought mail addressed to me to the State Probate Division and the Federal Bankruptcy Court).  Do the math.

Next only under great intimidation and threats by you to have the Illinois Supreme Court find me in contempt of court did I argue that “if you are threatening me with contempt by the Illinois Supreme Court to change my holiday plans, I will, but you will have to make reasonable accommodations for my companion healing pooch, et al.  You, Ms. Black then told me you would reschedule but only if I faxed you over a copy of my travel plans.  I told you that my travel plans are none of your business.  You then started to yell at me, quite patronizing and unprofessional, and I clearly told you to ‘calm’ yourself and explained that I was going to ‘hang up’ which I did.   Your maliciousness in scheduling refusing to pick another date (which I’ve provided you at least four dates) for this deposition is quite telling: as I have said before, Ms. Black, you can’t handle the truth so in order to not have the truth on record by deposition (although you have a copy of my affidavit which I stand by), Ms. Black you believe you can continue the LIE in order to prosecute attorney Kenneth Ditkowsky.  I told you and I told Kenneth Ditkowsky, since he is the person you continue to give notice and make arrangements, I would only participate in a deposition if reasonable accommodations were made for Shaggy, my companion healing pooch.

I also requested of Mr. Larkin that he or you demand that your buddies Deborah Jo Soehlig, Peter Schmiedel or any attorney at Fischel and Kahn who represent Carolyn Toerpe, have the named respondent to a petition for a protective order (actually TWO petitions for protective orders) return all of my personal, professional medical and legal files and I will present to the Administrator any credentials you would like for my dog Shaggy: I’ll even give you copies of CDs with national TV coverage of me and my pooch.  Hell, Ms. Black! Shaggy even escorted me into the Halls of Congress (in DC), and Congressman Poe thanked Shaggy and gave him upfront notice before he gave his 2011 speech on the “prevention of Elder Abuse”!  Furthermore, Shaggy’s been inside churches, department stores, on tennis courts and inside tennis clubs, and will be my guest at a Cubs game!  He can fly and get a seat next to me in any airline, can travel on the train, and there are many restaurants in DC, LA and NY which Shaggy not only joins me for lunch or dinner, but he is given a doggy menu — and no, it’s inside.  Suffice, Ms. Black not all disabilities are eyes and ears and you are in violations of the ADA Title II — but then you are blinded to any truths and have been and continue to play deaf to the facts.

To close, Ms. Black, I reject the most recent letter I received from you because it is filled with LIES and misrepresentations of the TRUTH.    The Reader once wrote an article about my mother and titled it, “You Can’t Fool Mary G. Sykes’.  Well, you can’t fool me, or even an educationally challenged child.  In conspiracy with your buddies, attorneys Adam Stern, Cynthia Farenga, and Peter Schmiedel you created a situation where you (and your buddies) knew I was  unavailable and when I called you on it, you intimidated me through threats: you yelled and demonized me and then, when I still wouldn’t turn over my “travel plans” you reported to attorney Kenneth Ditkowsky that you would have me barred from testifying in September as Mr. Ditkowsky’s witness.  (Coincidently, you have served Scott Evans and not only given him proper 14 day notice of service, but also, you have changed the dates of his deposition at least twice and are working with him so each one of you are available!).   Witness tampering is a crime, Ms. Black: so is veiled threats and words and phrases of intimidation written in letters littered with LIES that benefit you and your buddies Cynthia Farenga, Adam Stern, Peter Schmiedel and Deborah Jo Soehlig!  I will not be bullied.  My affidavit is on file and I will testify in order to save the life of my mother!  

You cannot be trusted, Ms. Black.

Rightfully Submitted,



Gloria Jean Sykes

PS.

My Mother, Mary G. Sykes asked me to find attorney Kenneth Ditkowsky and hire him to protect her from Carolyn Toerpe.  That, Ms. Black is my mother’s right.  You should be protecting her, not your attorney friends for their financial gain… or maybe, it’s your financial gain too.  I don’t know but what I do know is when a person accuses another person of the crimes they’re committing, he or she tend to feel and look very empowered — relieved and saved from punishment.  You and your friends are cancers, Ms. Black, but even late stage cancers can be cured, I know… therefore, I gave you dates that I was available a week or so ago and your response was to threatened Kenneth Ditkowsky that you will have me banned from testifying.  Suffice, I am not holding those dates for you and therefore, if you decide to do the right thing, contact me so we can go over our calendars together and come up with a mutual date for the deposition.  In the meantime, I have a deadline on the first draft of “The W****s of Justice v. Mary G. Sykes at 90” — of which there is a whole chapter on the ARDC.  I will incorporate the attached letter with all of the emails and letters written so far.  It is mind-blowing that the Illinois Supreme Court has become a bully, too, just because of attorneys such as yourself, Ms. Black.)


Gloria Jean Sykes 
Bon Ami Productions, Inc.

Cost of corruption — $55,000.00!

Dear Readers;

As many of you know, corruption in our Cook County Circuit court costs all of us millions and millions of dollars per year.  That is what happens when justice is not done.

Attorneys are not just supposed to just “walk on by” when they see corruption, but sadly about as many do as the general public does when corruption is seen.  To complicate the matter further, when, as in this case the corruption is reported over and over but nothing is done because it apparently reaches the highest levels in the state, city and county, the costs and problems become harder and harder to solve.

Take a look below and see what corruption costs in terms of me running this blog when there are other consumer protection suits I want to be involved in.

take care

JoAnne

DENISON & ASSOCS, PC.
FEDERAL LITIGATION, PATENTS, TRADEMARKS AND COPYRIGHTS
1512 N FREMONT ST, #202    PHONE 312-553-1300
CHICAGO, IL 60642    FAX 312-553-1307
JoAnne M. Denison✬    JoAnne@DenisonLaw.com
JoAnne Cell Phone 773-255-7608
http://www.DenisonLaw.com
✬–Admitted NC (Inactive) & US Patent Bar    *–Admitted US Patent Bar

Invoice submitted to:

http://www.costofcorruption.info

May 31, 2012

Come see our website at http://www.DenisonLaw.com. Pay your bill online – click on “Pricing” Tab.
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Professional Services

Hours    Rate    Amount

4/1/2012    JMD    MARY G SYKES BLOG    0.75    $300.00/hr    225.00
Preparing 2 posts for blog.
JMD    MARY G SYKES BLOG    4.50    $300.00/hr    1,350.00
Emails regarding the taking of JMD’s computer, court sanctioned
elder abuse, and copyright infringement. (18 emails)
4/2/2012    JMD    MARY G SYKES BLOG    5.00    $300.00/hr    1,500.00
Emails to and from client and Attorney Ditkowsky regarding the
ARDC witness list, updating the blog, and court sanctioned elder
abuse. (24 emails)
4/3/2012    JMD    MARY G SYKES BLOG    2.50    $300.00/hr    750.00
Emails to and from client and Attorney Ditkowsky regarding the
ARDC Complaint and updating the blog. (16 emails)
4/4/2012    JMD    MARY G SYKES BLOG    1.00    $300.00/hr    300.00
Preparing posts for blog. (6 emails)
JMD    MARY G SYKES BLOG    0.25    $300.00/hr    75.00
Emails to and from client and Attorney Ditkowsky regarding updating
the blog.
4/5/2012    JMD    MARY G SYKES BLOG    1.00    $300.00/hr    300.00
Preparing posts for blog.
JMD    MARY G SYKES BLOG    1.50    $300.00/hr    450.00
Emails to and from client and Attorney Ditkowsky regarding the
ARDC Complaint (15 emails).
4/6/2012    JMD    MARY G SYKES BLOG    1.00    $300.00/hr    300.00
Preparing blog posts and petitions post. (4 emails)
4/7/2012    JMD    MARY G SYKES BLOG    0.50    $300.00/hr    150.00
Emails to and from Attorney Ditkowsky regarding elder abuse and
the ARDC Interview. (6 emails)
4/8/2012    JMD    MARY G SYKES BLOG    0.50    $300.00/hr    150.00
Emails to and from client and Attorney Ditkowsky regarding the table
of torts. (3 emails)
4/9/2012    JMD    MARY G SYKES BLOG    0.75    $300.00/hr    225.00
Emails to and from Attorney Ditkowsky and client regarding table of
torts (4 emails)
4/10/2012    JMD    MARY G SYKES BLOG    2.50    $300.00/hr    750.00
Emails to and from client and Attorney Ditkowsky regarding updating
the blog and the Consumer Fraud Protection Bureau. (21 emails)

DENISON & ASSOCS, PC.
May 31, 2012

http://www.costofcorruption.info    Page    2

4/11/2012    JMD    MARY G SYKES BLOG    0.75    $300.00/hr    225.00
Emails to and from Attorney Ditkowsky regarding denying client’s
Motion to Dismiss. (6 emails)
4/12/2012    JMD    MARY G SYKES BLOG    1.00    $300.00/hr    300.00
Emails to and from Attorney Ditkowsky regarding the ARDC
Complaint. (6 emails)
4/13/2012    JMD    MARY G SYKES BLOG    1.50    $300.00/hr    450.00
Preparing 2 posts for blog.
JMD    MARY G SYKES BLOG    2.00    $300.00/hr    600.00
Emails to and from client and Attorney Ditkowsky regarding updating
the blog, the ARDC Complaint, and events that happened in court.
(13 emails)
4/14/2012    JMD    MARY G SYKES BLOG    2.50    $300.00/hr    750.00
Emails to and from client and Attorney Ditkowsky regarding updating
the blog and the ARDC Complaint. (12 emails)
4/15/2012    JMD    MARY G SYKES BLOG    1.50    $300.00/hr    450.00
Preparing 2 posts for blog.
JMD    MARY G SYKES BLOG    0.25    $300.00/hr    75.00
Emails to and from client and Attorney Ditkowsky regarding updating
the blog. (3 emails)
4/16/2012    JMD    MARY G SYKES BLOG    1.50    $300.00/hr    450.00
Preparing 2 blog posts and revising table of torts.
JMD    MARY G SYKES BLOG    2.00    $300.00/hr    600.00
Emails to and from Attorney Ditkowsky and client regarding updating
the blog and the response to the ARDC Complaint. (10 emails)
4/17/2012    JMD    MARY G SYKES BLOG    2.50    $300.00/hr    750.00
Reviewing Attorney Ditkowsky’s pleadings including the ARDC
complaint and Answer.
4/17/2012    JMD    MARY G SYKES BLOG    1.00    $300.00/hr    300.00
Emails to and from client and Attorney Ditkowsky regarding updating
the blog post. (6 emails)
4/18/2012    JMD    MARY G SYKES BLOG    2.00    $300.00/hr    600.00
Preparing 2 blog posts and reviewing pleadings.
JMD    MARY G SYKES BLOG    3.50    $300.00/hr    1,050.00
Emails to and from Attorney Ditkowsky and client regarding updating
the blog and an answer to the ARDC Complaint. (19 emails)
4/19/2012    JMD    MARY G SYKES BLOG    3.50    $300.00/hr    1,050.00
Emails to and from client and Attorney Ditkowsky regarding updating
the blog. (18 emails)
4/20/2012    JMD    MARY G SYKES BLOG    0.75    $300.00/hr    225.00
Emails to and from client and Attorney Ditkowsky regarding updating
the blog. (4 emails)
4/23/2012    JMD    MARY G SYKES BLOG    0.75    $300.00/hr    225.00
Reviewing emails from Attorney Ditkowsky for blog post.
JMD    MARY G SYKES BLOG    0.25    $300.00/hr    75.00
Emails to and from client and Attorney Ditkowsky regarding updating
the blog.
4/24/2012    JMD    MARY G SYKES BLOG    2.00    $300.00/hr    600.00
Preparing 2 blog posts and Legal research regarding Lawless
America.
JMD    MARY G SYKES BLOG    4.50    $300.00/hr    1,350.00
Emails to and from client and Attorney Ditkowsky regarding Lawless
America, updating the blog, and the ARDC Complaint. (25 emails)

DENISON & ASSOCS, PC.
May 31, 2012

http://www.costofcorruption.info    Page    3

4/25/2012 JMD    MARY G SYKES BLOG                                      2.50    $300.00/hr     750.00
Emails to and from client and Attorney Ditkowsky regarding
publishing a new blog post and filings against properties. (13 emails)
4/26/2012    JAD    MARY G SYKES BLOG    1.00    $25.00/hr    25.00
Obtaining imaged copies of relevant portion of the probate files from
the Cook County Court Probate Division.
JMD    MARY G SYKES BLOG    2.50    $300.00/hr    750.00
Emails to and from client and Attorney Ditkowsky regarding filing
against properties and updating the blog and telephone
conference with client regarding same. (11 emails)
4/28/2012    JMD    MARY G SYKES BLOG    4.50    $300.00/hr    1,350.00
Preparing blog posts and sending 2 faxes to Attorney Black at the
ARDC.
JMD    MARY G SYKES BLOG    6.25    $300.00/hr    1,875.00
Emails to and from client and Attorney Ditkowsky regarding
publishing the entire case record, updating the blog, and obtaining
the court transcripts (38 emails).
4/29/2012    JMD    MARY G SYKES BLOG    6.75    $300.00/hr    2,025.00
Emails to and from client and Attorney Ditkowsky regarding updating
the blog and obtaining the transcripts, and  (39 emails).
4/30/2012    JMD    MARY G SYKES BLOG    1.00    $300.00/hr    300.00
Emails to and from client and Attorney Ditkowsky regarding the
ARDC proceeding against Attorney Ditkowsky. (5 emails)

For professional services rendered    72.00    $23,725.00

Additional Charges :

4/26/2012    Photocopies from Court of Court files.    24.25

Total additional charges    $24.25

Interest on overdue balance    $1,998.33

Total amount of this bill    $25,747.58

Previous balance for maintaining blog and defending ARDC Complaints, running the blog, etc.   $28,750.00

Accounts receivable transactions

Balance due    $54,497.58

Fax to Mr. Kevin Connelly, Sheriff’s dept regarding seizure of attorney laptops for whistle blowing.

FAX TRANSMITTAL SHEET
To: Mr Kevin Connellly
Office of Sheriff
Circuit Court Cook County

Fax: 312-603-6183
From:                      Admitted Ill., N.  Carolina and Patent Bars
JoAnne M. Denison,     Pat. Atty.  Reg.  No.  34,150
DENISON & ASSOCS., PC    FAX 312-553-1307
1512 N Fremont St, #202    CELL PH 773-255-7608
CHICAGO, IL 60642    PHONE 312-553-1300
JoAnne@DenisonLaw.com or http://www.DenisonLaw.com
Federal Patents, Trademarks & Copyrights
Troy Sieburg, associate, of counsel
Marianne Buckley, associate of counsel
Important Notice
This facsimilie message contains attorney privileged and confidential information intended only for the use of the individual or entity named above.  If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited.  If you have received this communication in error, please notify us immediately by telephone, collect, and return the original message to the above address.  You will be reimbursed.  Your cooperation is immensely appreciated.
For transmission problems, please call 312-553-1300
A confirmation copy       WILL   ✔   will NOT be sent.
Pages in fax, including this coversheet – ( see fax header  )
July 7, 2012

Re: Seizure of attorney laptops in Probate court
And case no 09 P 4585 estate of mary g sykes

Dear Mr Connelly;

I was referred to your offices by Chief Judge Timothy Evans due to the constant seizure and interference by courtroom personnel in court room 1804 (Probate division, where else?) Whenever I simply want to take notes for a client on my laptop.

I think everyone knows that the courtrooms are supposed to be public and the ability of the public to take notes and disseminate news is very important.  I am an attorney running a blog on http://www.marygsykes.com/ which appears to be a very corrupt case, with corruption reaching to the highest levels, including the ARDC.

But when I go to court room 1804, the guardians ad litem complain to the judge “I am blogging.” Despite my best efforts to properly train court room personnel on first amendment rights and the rights and duties of attorneys to help their clients and others, they continually deny myself and my law clerk use of a laptop.

You might say, why?  There are hundreds of attorneys running around the Cook County circuit court at any given time using laptops, iPad thingies, laptops, whatever.  No one bothers them.  I practice there and in no other court room am I bothered.  I have conducted several trials weeks long and no one said anything when I used my laptop.  Opposing counsels all used laptops too.

Keep on asking questions, tho.  It’s obvious in this case.  Half the file is missing.  The court in 09 P 4585 has been acting without subject matter jurisdiction now for about 3 years.  The court and the GAL’s are working without authority and are engaging in gross tortious actions.   Any day now this will blow and it may very well create a scandal more far reaching than Greylord (yes, I’m old enough to recall Greylord, are you?)

Therefore, I need a response from your offices that attorneys should be allowed to use their laptops to take notes, compare their file stamped pleadings with the record, order needed transcripts, etc.

I also think a 9 volume appeal record is also missing from the courtroom, but I will try to confirm that on Monday.

How is this all happening? And when attorneys are trying to investigate and report the very important news our Probate court is utterly corrupt, we are told “no laptops.”

So please provide me with a proper response or letter indicating I can use my laptop and so can my staff and other attorneys, otherwise, please let me know when you are available for a pre-filing telephone discovery deposition to attach to a CPA (the Illinois Citizens Participation Act)  complaint for filing over with your buddies at 219 S. Dearborn.

Thanks

Very Truly Yours,

DENISON & ASSOCS, PC

JoAnne Denison

JoAnne M. Denison

PS– please respond by email or fax.  I see that Judge Timothy Evans likes to use expensive $50 per ream colored engraved bond paper.  I don’t need or want that.  That’s ridiculous when the country is now in a depression.  Are you guys kidding?  BS is the same on any type of paper, and is probably best left to the cyber junk on the internet.  Email and  Efax is fine by me.

PPS–you think this case is not corrupt on many levels?  Go ask the official court reporters offices who have now provided me with 3 affidavits of “lost” or “untranscribable” court proceedings.  If you believe that one, I have some swamp land for you in Florida that can be easily drained and Disney will buy it.

So, just let me know if you are on the side of cleaning up the courts or if you are a SOP patronage worker that fears every day to be thrown under the bus for whistleblowing.  You get a choice today.  I think Judge Evans made his choice.  Too bad it’s now permanently on the internet tagged under “corruption”.

PPPS–copies of correspondence to Judge Evans are attached hereto.

Cc: Hon Pres. Judge Timothy Evans

cc: http://www.marygsykes.com  And http://www.marygsykes.blogspot.com

tags: “timothy evans” “presiding judge cook county” “sheriff’s department cook county” “kevin connelly corruption”, “sheriff corruption” “failure to investigate corruption” “cook county corruption”, “seizure of laptops”, “whistleblowing attorneys”, “first amendment rights violated”, “public’s right to know denied”, “missing files cook county court”, “probate court corruption”, “judge jane louise stuart corruption.”

PPPPS– you should be able to google these tags in a day or two and see yourself in the search engines linked to corruption.  BUT the best part is most recent posts are listed first, so if you send out a mandate attys are allowed to use laptops to take notes in court and investigate corruption, you will be linked to new tags with your name and that you uphold constitutional rights, you assist attys in investigating corruption and you take the side of whistle blowers.  Whatever corrective tags you want, I will use.  Guaranteed.

Today’s post on the Hearing–But where is the Law and Where is the Science–Main questions:?

Aside

Dear Readers

While I am writing up now my thoughts and notes, main questions came in from the peanut gallery regarding proceedings in Probate Court that I believe get to the bottom of what is going on.

What I thought was most noteworthy, was 1) the judge admitted Sodini was not going to be used in her court (now, I believe I heard that, but it was fairly shocking news, so I might have misheard; 2) Gloria asked about how a psychiatrist, namely one Dr. Shaw, who never saw her mother in 2008, 2009, 2010, 2011, etc. is now predicting in Oct. of 2008 simply did not have the capabilities to make or understand a written contract.  He primarily did this assessment of something called a “mini mental” which Dr. Patel conducted maybe once or twice per year and was part of her medical records. Now I would call that being a psychic, because well, Mary wears hearing aids that are not particularly effective, but…. Doc Shaw knows better (quack quack). 3) the court also explained to Gloria who pounded Dr. Shaw with proper procedures published by the Alzheimer’s Assn and the Mayo Clinic how numerous competent tests must be conducted and analyzed, together with a contemporaneous finding of a neurological testing for cognitive abilities before a finding of dementia or Alzheimer’s can be made.  Oops, sorry, skipped that step.

The judge explained how the Probate Court declares people incompetent by the thousands each year and the only standard it uses is whether the person “can make (logical) decisions and be able to communicate those decisions effectively to others.”

That’s it.  No science, no Sodini, no due process.  Get a quack and loot an estate–legally.

Thanks for explaining that your honor.

But there are more comments that are worth publishing below.

So have a delicious read on.  I left the best comment for last.

JoAnne

From Ken Ditkowsky
Sent: Fri, Jul 6, 2012 8:32 pm
Subject: Re: WestlawNext – § 358. Generally
That is the conclusion I’ve come up with.     This is bigger than Greylord, bigger that Watergate, and worse than either one and a dozen scandals that you can pick at random.
Why is the media so frightened of it.   Even the Judge appears to be afraid of it.    This Gulag makes the soviet judicial system look much better than ours.   
Ken Ditkowsky
Ken, since you were concerned that no one knows what a “gulag” is, I’ll explain it here.  The Gulag was a system of work prisons throughout Russia which were masterminded by Stalin circa 1932 to 1970’s when the bestseller the Gulag Archipelago was published and Russia was officially embarrassed to stopping this human tragedy.  You had people declared incompetent or subversive and you sent them to these places where they froze, were starved, infected with various plagues, and then on the brink of death, some lucky ones were sent home.  Most were forgotten and buried in mass graves.  Millions of Russians were sent there over time, but records are sketchy.
Subject: Re: WestlawNext – § 358. Generally
Why is Mary Sykes not entitled to the protections of the statute?    Are there two sets of laws – one for those individuals who are targeted for deprivation of this civil and human rights by the politically elite and those who have no money?
Ken Ditkowsky

Subject: RE: WestlawNext – § 358. Generally

Dear All,


Again very interesting.  I will order the transcripts on Monday and have to leave a deposit and so I must make arrangements to go downtown, et al.  That said, I have been barred from bringing in any evidence, witnesses, and *** even though the court transcripts of previous testimony I was allowed to bring in medical reports of Dr. Patel omitted by Peter Schmiedel and company.

I will be writing up my overview of today, but what is clear is,

(1) Dr. Shaw admitted he could not speak for Dr. Patel, Dr. Moctkya, or Dr. Rabin and the court agreed: however, he was allowed to give his medical opinion as to what he believed they meant when they wrote x, y and z.

(2)  Dr. Shaw admitted that some prescription drugs cause memory loss, disorientation, et al, and also admitted that none of the doctors he reviewed their reports listed the medications Mary G. Sykes was on the time she was evaluated by them:

(3) Dr. Shaw admitted that a diagnosis of dementia does not mean incompetency,

(4) Dr. Shaw claims that mild dementia and serious dementia are the same,

(5) and today Peter Schmiedel got Dr. Shaw to admit that all mother has is memory loss…

(6)  The Judge said that the US Supreme court decision based on an Illinois case that retroactive incompetency diagnoses are not allowed should not be considered, et al, 

(7)  The Judge said that Sodini does not apply to the Sykes case,

(8) The Judge claimed that there is no Illinois statue that states that a respondent to a petition for a protective order cannot be a guardian,

(9)  The Judge said that Toerpe can waive my mother’s rights to medical confidentially
and, but not limited to,

(10)  Dr. Shaw admitted that he may not have received all of the medical reports on mother but that his evaluation was determined on medical reports supplied by Carolyn Toerpe,

oops and,

(11) That he did evaluate mother recently, in April or May 2012 (which I’ve never seen his report)  but that he did not know if mother was on any medications, prescribed or otherwise…

The Judge said that I could not impeach him through my cross…

The Judge said that I could not give argument after Peter Schmiedel gave argument as to why the Court should sustain his objection(s)

And finally, Peter Schmiedel said that because he has a certificate of mailing that he knows I was served notice, et al.  

Peter Schmiedel then had in the order that I am to be called as a witness on the 16 August because I was on his service list.  The Judge then asked to show his service list which he did not have.  I have never been subpoenaed for service. I told the judge that I did supply them with a service list and Stuart told me that that was for ‘something else” and that the date my ‘witnesses were to testify” they were put in the hallway and I was handcuffed to a chair and… Schmiedel got that stricken..

Finally, I have court transcripts where the Judge says in 2011 that there is no proof my mother is incompetent only that she cannot make certain decision.  

JoAnne was targeted up front as to why she was in court and Judge Stuart said she doesn’t remember JoAnne ever being in court.  Accordingly, the deputy sheriff claims that the sheriff can determine whether or not a public can bring in their laptop.  Judge Stuart said that JoAnne could take notes on a yellow legal pad.  

At a certain point the deputy sheriff was going to take JoAnne’s computer, and the Judge waived her off.  JoAnne stayed in the courtroom with the computer on her lap  looking at the Judge.

I would like to know as Peter Schmiedel’s witness what I am testifying to … again as his witness….and what rights I have?  

Thanks
Gloria Jean Sykes 

Expert witnesses
Do not forget the fact that your mother passes a written driving test administered by the State of Illinois
Ken Ditkowsky
From Tim Lahrman
Subject: Re: WestlawNext – § 358. Generally
Date: Jul 6, 2012 7:43 PM
this is the present day practice of economic eugenics  …..   a shit law, very dangerous law —-  easily exploited law
that seemingly supports economic involuntary sterilization — and privateering with impunity.
I almost think I would prefer to face a bunch of Somali pirates than a court appointed guardian  ——  both are stealing you blind and if you shoot and kill the Somali pirate you are an American hero entitled to own and use your gun to defend yourself ——  but if you shoot the guardian the headline reads
“Crazed gunman with history of mental illness ……..”


Motion for Judgment on the pleadings–by Ken Ditkowsky

Dear Readers;

One of the most disturbing aspects of the Probate case and the ARDC complaint against Ken is the complete lack of procedure and the pressing need to railroad everything and bypass normal and typical procedures.  Neither Ken nor I have seen this is any case before, and he has practices for over 40 years and I have practiced for over 25.

I will update the lack of procedures in this case, but my “Table of Torts” surely should be made a law school/CLE classic.  Just how much procedure can a court/tribunal ignore while supposedly doing its job?

Read below for lack of procedure in the ARDC on KD’s Requests to Admit, and the fact the ARDC never responded to any of his Affirmative Defenses, which must be denied or they are admitted and a Judgment on the Pleadings is called for and deserved.

But what the heck is really going on. Why are there being made serious mistakes in litigation by the ARDC that are being ignored.  There are no cases that say an ARDC tribunal is exempt from the Rules of Court–which according to Bright v. Dicke are not “aspirational”, the Rules of Court are to have the “same force and effect as any Illinois Law.”

JoAnne

To: “jdit@aol.com” <jdit@aol.com>
Subject: Re: Suggested Re: draft of Motion for Judgment on the pleadings – unedited
Date: Jul 2, 2012 2:09 PM
The Motion for Judgment on the pleadings has the focus on the four corners of the pleadings.  I did something highly unusual I had both Gloria and Scott verify the answer and affirmative defenses with their own affidavits.  These affidavits recite facts that contradict the conclusions of the disciplinary complaint.   I did these intentionally as I and everyone else knows that the complaint that was filed was filed solely to intimidate me and shut me up.    the first attempt (the sanction motion) and the telephone call you heard on the speaker phone were not successful.   Indeed they made me deed deeper, and thus I discovered the ‘dirty little secret’ that gave rise to all of this nonsense.   (The plenary guardian obtained Mary’s double eagles!   They are worth over $3000 a coin and she has ___ coins)   The coins alone have a value of almost a million dollars.   This today is unreported ‘INCOME’
The fact that the ARDC cannot and will not produce evidence of compliance with the protections that I refer to as Sodini protections  is not a matter contained in the pleadings; however, Gloria’s affidavit verifying the answer and affirmative defense reports that she as a close relative was never served with the 14 notice.    This is not something that can be waived – this is a protection for Mary Sykes.   If Mary Sykes is a disabled person she is not in a position to waive the notice.
Thus, we are all bound by the ruling in Sodini that the Circuit Court had no jurisdiction.   As it had no jurisdiction what is happening is a simple case of felony theft (and Federal Tax evasion) aided and abetted by a government agency – i.e.  the ARDC and the law enforcement agencies that refuse to investigate and prosecute.
So far the panel has ignored the ‘cover up’ by the Administrator of the ARDC.  Rule 191 requires verifications to be done upon personal knowledge and the affiant must be able to testify as to the matters he/she is verifying.   The panel has ruled that the administrator can verify upon ‘information and belief’ and the fact that there is no information and belief is irrelevant.   (That is a summary of recent rulings by the panel!)
Judy – at some point in time, there is going to be an honest investigation and by the clear light of hindsight people are going to have to explain why there were not interested in protecting the First Amendment.   This is what happened in Greylord, in the Blago and Ryan cases, and in a bunch of other cases.   The inquiry is in the context of the’clear light of hindsight!’   Thus, inaction today may mean ulcers tomorrow.
Thus, even though in any Court in which a level playing field is displayed my Motion is a ‘laydown’ the motion has a 50/50 chance.   In any forum including those who are notorious for being star chamber proceedings the conduct of Lea Black would not be tolerated.   I expect that like the illegal communication with my client JoAnn Denison the ARDC will do nothing.   If it had been me or any other attorney you can bet your bottom dollar that they would have their panties in a bunch!
I have been in this situation before.   It is too bad, but we live in Cook County and the State of Illinois and is the price we pay.
Ken Ditkowsky

Sent: Mon, Jul 2, 2012 11:58 am
Subject: draft of Motion for Judgment on the pleadings – unedited

The Alvarez case that was decided on the same day as the Court rule Obamacare constitutional is precedent that even if I made was totally made up the Sykes case, the Tyler case, the Wyman case et al,  I had an absolute right to complain concerning such ‘august’ people as Stern, Farenga, et al.   Unfortunately evey word that I have spoken is truthful and the travesty that is the Mary Sykes case is real.

It is my position in addition to my prior positions that the ARDC lacks jurisdiction as the State of Illinois is not paying them to violate 735 ILCS 110 et seq.  of protect Stern, Farenga and the like from potential civil and/or criminal prosecutions.   Indeed, the ARDC did not cover itself with Glory in the Greylord scandal and in this equally important situation it is at best aiding and abetting  ****.     An investigation by Federal and State law enforcement is necessary —   Ms. Sykes recent run-in with Ms Black of the ARDC is bizzare.   Talk to any practicing attorney and they will inform you that it is rare that a duly licensed attorney not extend every courtesy to a witness, especially the day after a holiday such as the 4th of July.
The Sykes case is just full of *****.   Please inform me if the United States of America has recently had a election to replace President Obama and either the National Socialists or the Communists have won!    What has happened in the Sykes and related cases is not only wrong, but is so alien to American justice that something must have happened – I realize that democracy is not a spectator sport – but*****.

MOTION FOR JUDGMENT ON THE PLEADINGS BASED UPON RECENT RULING OF THE SUPREME COURT OF UNITED STATES IN CASE OF UNITED STATES v  ALVAREZ

                Now comes the respondent, Kenneth Ditkowsky and states in support of his Motion:
Prefatory Statement
            The Supreme Court of the United States of America has been consistent in affirming the protections of the First Amendment and in obviating any device, gesture, or obfuscation that tends to restrict the First Amendment Rights of a citizen.    A lawyer admitted to practice in Illinois is a protected person (see In re: RMJ 102 S. Ct 929) entitled to the privileges and immunities of the First Amendment.   The First Amendment protections are illustrated by the decisions cited in the various Motions that the respondent has filed herein to dismiss these proceedings.   These Motions are incorporated by reference and made part hereof as if set forth in detail.
Implicit in the First Amendment cases is the principle that lawyers (as citizens) are given the greatest leeway to carry out their assignments.   The most recent case is United States v. Alvarez illustrates that lawyers and other citizens are not denied ‘core’ protections because of the content of their statements no matter where uttered and to whom stated.    Alvarez reaffirms the limitations that government (including the ARDC) may impose to limit the right of ‘the people’ to express their views is extremely limited.      Complaints of ‘Greylord’ or ‘Gulag’ type conduct by the Justice System are not amongst the categories of statements that can be censored or suppressed.   This instant case, while distinguished by the fact the every statement made by the respondent is true, is essentially on ‘all fours’ with Alvarez.
            Procedurally, the Administrator filed a disciplinary complaint herein accusing the respondent of being untruthful to ‘judicial officials, i.e. two Guardian ad litem, who act under color statute, knowing that 1) the sanction proceedings that they brought against the respondent were without jurisdiction; and 2) the court appointing them failed to comply with the protections of the Probate Statutes and thus is stripped of its jurisdiction.    See:  Matter of Sodini, 172 Ill. App. 3d 1055, 527 N.E.2d 530 (1988).
            The Respondent Answered the complaint filed here by filing an Answer and Affirmative Defenses.      The Administrator chose not to deny the affirmative matter, though he has had every opportunity to do so.    The affirmative defenses are now admitted – 735 ILCS 5/2 613.
Subsequently on June 28, 2012 the United States Supreme Court filed its opinion in United States v. Alvarez.  The case of United States v. Alvarez goes beyond the guiding principle of Ashcroft vs. American Civil Liberties Union 542 US 656, 660 that content based restrictions on speech are presumed invalid.    Indeed, the Supreme Court has applied the most exacting scrutiny in assessing content- based restrictions based on protected speech Turner Broadcasting System Inc. v. FCC 512 US 622, 642 and even in cases of defamation or fraud, has set restrictive and protective criterion so as to give the broadest freedom to persons such as the instant respondent to express his views, protest to this government and associate with his clients, friends, neighbors etc.   See New York Times v. Sullivan 376 US 254, 280.
Discussion
             As a starting point the affirmative defenses filed by the respondent are not contested and therefore no proof is required to their efficacy.     This panel denied the Administrator’s Motion to Strike the Answer and Affirmative Defenses and thus as no other documents were filed the pleading phase of these proceedings is over.      This Motion for Judgment on the Pleadings is based upon the fact that a fair reading of the pleadings leaves no issue to try.       A fair reading of the Administrator’s complaint filed herein coupled with a fair reading of the Answer and un-denied Affirmative Defenses matter leaves no doubt that the Administrator’s Disciplinary Action was filed in derogation of the ‘core principles’ and policy of the State of Illinois recited in 735 ILCS 110/5.     It is respectfully suggested that United States v. Alvarez, while dealing with a criminal statute, obviates the disciplinary complaint that is filed herein as the complaint by its words and phrases refers only to protected “content” speech.     A lawyer complaining that certain persons appointed as guardian ad litem have not done their assigned tasks is not engaged in unethical conduct or criminal conduct. [1]   Lawyers have been castigated for not reporting the very type of conduct that respondent has complained.     The words and phrases of the First Amendment point out that complaints to law enforcement concerning the actions or non-actions of the Guardian ad Litem (or even the Administrator) are protected First Amendment Conduct even for a lawyer.
Most importantly, the respondent was not a party to the probate proceedings but was an ordinary  citizen (who happened to be a lawyer) who objected to the fact that the two guardian ad litem were not interested in the alleged disabled person, but were actively engaged in preventing their ‘ward’ from enjoying her rights, privileges and immunities of American citizenship.     In addition, the respondent objected to the fact that the Guardian ad items did not report matters adverse to the interests of the plenary guardian.      These objections including a specific complaint that the GALs did not report to the court that their ward had been admitted to the emergency room at Edwards Hospital having lost 10% of her body weight, had most of her estate (estimated at approximately a million dollars) not inventoried and was isolated from her younger daughter and her younger sibling.[2]   The right to protest this conduct on the part of the GALs is free speech.    So is an expression of outrage that protections imbedded in the Probate Act to protect the ‘ward’ were ignored by not only the two guardian ad litem but the Judges assigned to the Probate Court.
            This panel is invited to examine the docket and the record of the Circuit Court of Cook County in case In re: Estate of Sykes 09 P 4585.    If such an examination is done it will be ascertained that, as per the affidavit of Gloria Sykes which is part and parcel of the Answer filed, the Sodini protections were ignored.[3]   As the protections are jurisdictional it would appear that Mr. Stern, Ms. Farenga, and the Court lacked jurisdiction.    It is respectfully submitted that a lawyer has an ethical duty to report illegal conduct to the authorities.    Furthermore, the words and phrases of the First Amendment are clear in protecting such lawyers who are compliant from prosecution (of the complaining lawyer).  The complaint filed herein infringes upon the First and Fourteenth Amendments to the United States Constitution and Article 1 of the Illinois Constitution of 1970.
            The litany of abuses by the complaining Guardians ad litem is extensive and unfortunately many of the acts either are criminal or border on the criminal.     These acts being extra-judicial based upon Sodini make all that aid and abet these acts accessories!      Some of the abuses are detailed in the sworn contradicted verifying affidavits of Scott Evans and Gloria Sykes attached to the answer and made part thereof.    It appears that these miscreant acts the lawyer complained thereof generating this disciplinary hearing are believed to continue to this day and are aided and abetted by these very proceedings.    For the record a report has been made by the respondent and others to the Department of Justice of the United States of America and the ARDC.    (Reference is made in the pleadings to the GAO report to Congress of September 2011 – this report details some of the United States of America’s own findings).[4]
            This panel as well all the institutions of government is bound by Article 1 of the Illinois Constitution and the First Amendment.     The complaint filed herein is clear that all the respondent is accused of is ‘content based’ communications.       The United States Supreme Court on June 28, 2012 determined in United States vs. Alvarez case 11-210 that restrictions on content based speech such as what occurred herein is barred as violating the First Amendment.    As the affirmative matter contained in the Answer are undented and the allegations of the complaint disclose that the instant disciplinary action is a garden variety second attempt to silence the dissent of an attorney who was not subject to the jurisdiction of the Circuit Court in the case of In re: Mary Sykes 09 P 4585 in derogation of the First Amendment (and Article One of the Illinois Constitution) the instant proceeding should be dismissed.
Summary
The failure to deny an allegation in a pleading is an admission.     The allegations made in the respondent’s affirmative defense are not denied by the Administrator and no reply has been filed.      Ergo, the respondent as part of his answer to the disciplinary complaint filed herein made substantial allegations as his affirmative defense to defeat this disciplinary complaint on the authority of the Alvarez case decided last week by the United States Supreme Court.     The Affirmative defense relying upon the United States Supreme Court’s rulings affirming the liberal and broad scope of the First Amendment averred that his conduct in protesting the miscreant conduct of the Mary Sykes plenary guardian and the two guardian ad litem appointed by the Circuit Court that is disclosed in the affidavits of Gloria Sykes and Scott Evans is protected by the First Amendment.   See In re: RMJ 102 S. Ct 929 735 ILCS 5/2 613.
The facts of the complaint, answer and affirmative defense demonstrate an undenied violation of 735 ILCS 110 et seq. and in particular 735 ILCS 110/5 in bringing this action.   It very clear that t735 ILCS 110, and the First Amendment decree that it is illegal for even the ARDC to attempt to deny the respondent and /or his clients their First Amendment Rights (these rights are also codified in Article 1 of the Illinois Constitution of 1970).    The administrator can cite no authority that allows a guardian ad litem to aid and abet a plenary guardian (or a Court) in denying a senior citizen of her liberty, her property, her civil rights and her human rights.  (See affidavits that are part of the answer of the respondent verified by Gloria Sykes and Scott Evans).     In re: RMJ 102 S. Ct 929  and in re: Himmel are clear that respondent has every right to make inquiry as to all facets of the guardianship proceeding involving Mary Sykes, and any attempt at denying him that right is a violation of 42 USCA 1983.
The Illinois Supreme Court has made it very clear in In re:  Himmel that it adheres to the principle of lawyers being free to expose corruption in the Court system, however, the administrator herein in this disciplinary complaint has taken a position that it is disingenuous and infirm as it violates not only the core principles of American jurisprudence, but the standard of Equal Protection of the Law manifest in Article One of the Illinois Constitution and the Fifth and Fourteenth Amendments to the United States Constitution.
            Wherefore the respondent moves that the instant proceeding be dismissed pursuant to the precedent of United States vs. Alvarez and the other First Amendment cases decided by the Supreme Court of Illinois intended to prevent government (including the ARDC) to interfere with Kenneth K. Ditkowsky’s  (and his clients) free speech and assembly.
Respectfully Submitted,
Kenneth Ditkowsky
Kenneth Ditkowsky
Pro se
5940 W. Touhy Ave
Niles, Illinois 60714
847 600 3421

[1] As the Administrator’s complaint appears to support the Greylord/Gulag conduction of the Sykes plenary guardian and the two GAL’s appointed in that vanilla estate the respondent not only personally verified the answer and affirmative defenses but requested and obtained the supporting verification of two witnesses who have personal knowledge that the conclusions recited in the Administrator’s complaint are inappropriate.   This panel has denied the Administrator’s motion to strike.     The Administrator does not deny the facts recited or the Affirmative Defenses.
[2] In paragraph 5 of her affidavit that is attached to the Answer filed by the Respondent to verify the same  Ms. Sykes states:
“it is my understanding that my sister (plenary guardian made an unauthorized visit to the safety Deposit Box at the Pullman Bank.   This safety deposit box was in the name of my mother and me.   The box was illegally and secretly drilled.    In addition to my property my Mother’s property was removed.   This property consisted of jewelry, cash, valuable papers, and Gold and Silver coins.    *** It is my estimate that today *** the value *** exceeds a million dollars***”
[3] Paragraph 9 of Ms. Sykies affidavit verifying respondent’s answer verifies that the Sodini protections necessary to vest the Probate Court with jurisdiction were not afforded Mary Sykes.    Thus, Mr. Stern and Ms. Farenga had no standing to call themselves GALs in the Sykes Estate.    In fact the Court had no jurisdiction to enter orders.   It therefore follows that the actions of the Administrator in bringing this instant complaint are ultra vires.    The ARDC has not been delegated authority to protect unlawful actions of Judges, Court appointed guardians, lawyers or similar persons.    As the Appellate Court of Illinois in Sodini has ruled that the protections granted to persons who are subject to guardianship applications are jurisdictional it follows that the ARDC is bound to follow the law and not directly or indirectly aid or abet the unlawful conduct of depriving senior citizens of their liberty, their property, and/or their civil and human rights.     It is respectfully submitted that this disciplinary complaint seeking to deny respondent of his right of protest and his clients of his investigation (and services) is beyond the jurisdiction of the Administrator.
[4] Ms. Sykes is a journalist and Mr. Evans a former Federal Analyst with impressive security clearance.

Are Lea Black and Cynthia Farenga engaging in witness tampering?

Dear Readers;

Apparently this is what the miscreants have in store for Gloria.  As you are aware, there is supposed to be set a hearing on the Partition motion for July 6, 2012 at 2 pm.  No one knows if Gloria is participating.  The entire Probate matter is without jurisdiction, so Gloria has no obligation.  I could not find a summons/affidavit in the Probate file when I looked earlier, and as you all know, having previously published a copy of the Probate file from Mar of 2011 to present, it appears no where in there either.

Ken brings up good points below.  So where is the summons and affidavit served upon Gloria for the partition?  I believe Chase got a general one and I have seen that.  How can they proceed without Gloria.  What judge would proceed without a duly filed and sworn to Summons and Affidavit.

Perhaps this explains the recent bizarre behavior of LB allegedly calling up Gloria and being nasty to her AND serving her with a summons for her deposition in the ARDC on July 5, 2012, when Gloria has other plans and will not be available.  When Gloria said “no thank you” to that date, LB apparently did not take that well and things got nasty from her.  Gloria complained to LB’s superiors in Springfield, and got an apology.  Gloria sent numerous other dates.

What did the LB/Farenga party plan?  A deposition and the next day the Motion on Partition?

Pretty sneaky.  No one know what Gloria is doing about July 6, 2012.  I have not seen any summons for any of the court (wired) connected doctors that keep on saying Mary is incompetent despite the videos, despite having passed her driver’s exam in Jan. of 2009. 

The miscreants want her declared incompetent back to August of 2008. But how can that be with her passing a written driver’s license exam?

This crazy plot continues.  No jurisdiction.  Doctors that are paid handsomely for about an hour of work ($950 to one doctor according to CT’s 2011 accounting).

Too bad there are now waaay tooo many people besides Gloria noticing and publishing all the dirty little tricks and secrets of this case.

JoAnne

 

 

From: kenneth ditkowsky
Sent: Jul 2, 2012 4:27 PM
To: JoAnne M Denison , NASGA , probate sharks
Cc: Tim Lahrman NASGA , states attorney , Cook County Sheriff , “Edward C. Carter” , “David (NBC Universal WRC) Silver” , “tips@tribune.com” , SUNTIMES , Joseph Hosey
Subject: escalation of intimidation on Gloria sykes in progress

This afternoon, right after being threatened with contempt of the Supreme Court of Illinois for going on vacation after being served with a subpoena for deposition on June 29th for July 5 (short notice), the three guardians got in the act!   Gloria received an e-mail from Cynthia Farenga informing her of a competency hearing on July 6.  To comply with Sodini the persons to be notified have to stated in the petition and each has to be notified.   The plenary guardian in her petition did neither.   This gross act of intimidation just makes my blood boil!   Gloria Sykes is a key witness in my disciplinary case and this attempt to intimidate her is clearly violative of my rights (as well as hers)   I would suggest to law enforcement that these actions taken together are as close as anyone will get to ‘witness tampering!’   Ms. Sykes is expected to testify that the conclusions of the ARDC in bringing the disciplinary action against me are false and not supported by the facts.    By intimidation of Ms. Sykes my meeting the spurious allegations put forth by the two guardian ad litem becomes more difficult, especially before a panel that has denied me interrogatories, limited my Request to Admit, and refused to enforce my Notice to produce documents.   Please note – I not complaining or suggesting that I will not have a level playing field.   The ‘truth’ is on my side, and unless somehow it is barred by intimidation of my witnesses etc I should win on a field that is at a 45 degree angle against me.      
 
That said, the witness that Ms Farenga intends to put forward is Dr. Shaw.  Dr Shaw has never examined Mary Sykes, but has (allegedly)  testified previously that it is his opinion that in 2008 Mary was incompetent.   As Dr. Shaw knows or should know that immediately prior to the filing of the petition for guardianship Mary passed a written examination administered by the Illinois Secretary of State in my opinion his testimony will or is perjury!    The tendering of Dr. Shaw to the Court in my opinion is subordination of perjury.   
 
Pursuant to Himmel, I have an obligation to report this attorney misconduct.   I will be doing so this afternoon.   My draft letter is as follows:
 
 Ms.  Lea Black
 
 
Dear Ms. Black,
 
I do not believe in coincidences and therefore after being informed of the verbal exchanges that you had with Ms. Sykes the receipt of the attached  e-mail is most disturbing.  
   
The failure of the plenary guardian to name and serve the close relatives of Mary Sykes is one of the prime protections that keeps an individual from being railroaded by Court order into a situation in which he/she is illegally deprived of his/her liberty and property.    The docket and the record in the Sykes case are clear that these statutory protections (which are jurisdictional) have not been complied with.    If the ‘ex-post facto’ testimony of Dr. Shaw is intended to now fill the gap and approximately three years late obtain nunc pro tunc jurisdiction the statutory protections are still not be complied with and more seriously it apparently has still not been disclosed to the Court that just prior to the filing of the Petition for guardianship being filed Mary Sykes passed a written examination administered by the Secretary of State.    It is therefore my opinion that upon learning of this maneuver I became vested with a Himmel obligation to respectfully suggest that subordination of perjury must be considered as Adam Stern, Peter Schmiedel and Cynthia Farenga have knowledge of the fact that a person with dementia does not usually pass written examinations administered by the Illinois Secretary of State.    We know what Dr. Stern’s conclusions are going to be! 
  
I also find the timing of Ms. Farenga’s e-mail to Ms. Sykes to be more than a little disturbing.    Apparently you had a conversation with Ms. Sykes about noon today, and shortly thereafter, Ms. Farenga is advising Ms. Sykes of a hearing on the 6th of July.    I would hate to have to tell you about the paranoia attack I would have if the alleged proceeding were scheduled for the 5th
 
      The plot thickens as Ms. Sykes indicated to mutual friends that she is hoping to meet with a publisher immediately after the 4th of July.    A number of attempts have been made to interfere with Ms. Sykes intellectual property rights.   She will address that situation at the time she finds convenient and appropriate.
 
As the ARDC apparently is disinterested in the actions of Ms. Farenga, Mr. Stern, or any other attorney engaged in the active ***** of Gloria Sykes and Mary Sykes I am copying this letter to the United States Attorney Department of Justice, Civil Rights Division.    This letter fulfills my Himmel requirement.    
 
I would like to urge the ARDC to examine fully, honestly and completely the Sykes case.    The embarrassment created by Greylord should be an incentive. 
   
Yours very truly,
 
 
As approximately a million dollars in collectibles has been removed from a safety deposit box at the Pullman Bank (now Chase) and not inventoried everyone who has objected to the ‘cover-up’ has been subjected to harassment of various degrees it seems to me that with substantial State and Federal Taxes due (Breach of Fiduciary relationship is a taxable event) law enforcement should be interested – at least to collect the taxes due.    
 
In any case – I did my duty and the ARDC has been notified.    The Department of Justice has also been notified.   It is ironic that on the 4th of July we have to be cynical as to the basic institutions of our government!   Shame on us!
Ken Ditkowsky

www.ditkowskylawoffice.com

Gloria writes to Lea Black regarding her subpoena for a Deposition

You go, Gloria!

Subject: RE: ARDC Lea Black — Subpoena deposition for Gloria Jean Sykes–please cross post!

Dear Ms. Black,


I received your call, and thank your for composing yourself, as I ask.  Yes as I told you before I hung up, I was hanging up as you were yelling at me in a very patronizing, bullying tone.  Suffice, I wrote a complaint to the Administrator in Springfield and asked for assistance: I will not be available to take this subpoena on the 5th as I had previous arrangements to enjoy the 4th of July out of the lawlessness of Chicago.  If you would like you can subpoena the name(s) of the family or friends who I am traveling with and will be spending the holiday week with.  You can also get a subpoena for my pooches medical records as he has been sick and it was touch and go as to whether or not I would be able to travel as I do not go anywhere without him.  Also, I asked the Administrator to tell you that you should subpoena all of the files on Shaggy that your buddies, Adam Stern, Cynthia Farenga and Peter Schmiedel stole from my Homestead, alone with all of my confidential legal files, work product/intellectual properties, et al.  All said, I do believe I am protected under the Constitutions of the State of Illinois and the United States, as well as protections offered under the Illinois Supreme Court — unless of course you can provide me with a record of conviction that I have done anything criminal in my life that would cause actions against me by your agency and the Illinois Supreme Court.  

I am seriously disappointed that you have taken the stance you have and have treated me like a ‘criminal’ rather than a volunteer witness.  I stand by my affidavit and quite honestly don’t understand how it is that you can ignore the obvious that my mother, 93 is being held hostage by a named abuser, isolated and medically and emotionally neglected, without Sodini requirements by a group of attorneys who are hiding behind their appointments for financial gain.  I have sent the ARDC all of the transcripts and each one clearly shows criminal activity.  But then, I guess the ARDC must protect the political elite/clout behind all of this.

Today, Ms. Black, June 30, 2009 is the 3rd anniversary of when Toerpe kidnapped my mother under the nose of Judge Kirby of the domestic relations court.  GAL Stern was order to get all police records against Toerpe and he did not do so because each one proved not only my mother’s competency, but the truth as to who is the financial exploiter and abuser — CAROLYN TOERPE.  

I was suppose to leave this weekend, but I just spoke to my companion healing pooch’s Vet and I have to reschedule for departure on Monday.  Again, if you want to subpoena my family and/or friends please give me evidence that I have any criminal judgement against me… and that I have done anything wrong. Remember, you gave attorney Kenneth Ditkowsky four dates over three weeks ago and didn’t serve me until the 29 June 2012.  Did you really expect me to wait around for one date that you picked and then you pick a date on a Holiday weekend/week???  

I do not waive my rights as an American Citizen or as a human being living in America, the land of the Free… or so I thought.  Happy 4th of July.

Dates I am available are:

10, 11, 12 July 2012

18, 19, July 2012

I am certain that under the circumstances, you will consider and make proper arrangements for my companion healing pooch, Shaggy to be present.  I will not be placed in a situation of adversity and hostility, such as the ARDC or any person of the ARDC, or any person such as CArolyn Toerpe, Fred Toerpe, Adam Stern, Cynthia Farenga, Peter Schmiedel, Deborah Jo Soehlig, Joel Brodsky, et al, who have repeatedly threatened my live, livelihood, and freedoms– so much so, that even a challenged child could recognize the lawlessness, the Hitler-like T-4 Plan, prevalent in in and regarding the Estate of Mary G. Sykes.  

I am only participating in this witch-hunt in order to protect my mother and save her life.  Nothing more and nothing less.  You want the truth, I’m willing to provide you with the truth — evidence which you have in your possession already!

Yes God Bless America and all of us that we are protected from the Probate thieves and the hypocrisy of the Illinois ARDC and that our loved ones, the elderly and disabled, are protected, too.  You Ms. Black are in a position to save my Mother’s life and in doing so, save the lives of thousands of Illinois victims.  The bird is in your hand.

Gloria Jean Sykes 
Bon Ami Productions, Inc. 

773.910-3310(cell)
773.631-9262 (fax and office line)

From Ken Ditkowsky–the breadth of the First Amendment!

From Ken Ditkowsky:

Yesterday I re-read the ARDC complaint that was filed concerning my protests and communications in regard to Adam Stern, Cynthia Farenga and the miscreants who acted under color of statute to deprive Mary Sykes of her liberty, property, civil rights and human rights.   The action taken is not even subtle.   It is a heavy handed attempt to shut me up.  My protest and exercise of my First Amendment Rights are particularly unpleasant to Mr. Stern, Ms. Farenga and those aiding and abetting their conduct.   I mentioned the fact that the breach of a fiduciary relationship is a ‘taxable event!’   When Stern, Farenga et al concealed the isolation and abuse of Mary Sykes by not filing reports to the Court of such conduct and instead defamated and castigated Gloria Sykes and those who protested they breached their fiduciary relationships to Mary Sykes.    When the plenary guardian drilled the safety deposit box and removed from it a large number of double eagle gold coins and other valuables and did not inventory the same it was not only a breach of fiduciary relationship but ‘theft!’    If the Federal and STate Income taxes have not been paid – that is tax evasion and possibly tax fraud.

As this has been now disclosed and made public we have called for an honest, comprehensive and complete investigation.   There is no just reason for Mary Sykes (aged 93) to be denied her civil rights and there is no reason why those persons who benefited by the non-inventory of the very valuable double eagle gold coins (worth about $3000 each) should not pay the Federal and State of Illinois taxes on the collectibles.

My continued mention of the fact that usually non-inventoried valuables in the possession of a guardian are not reported as income by the fiduciary has generated personal attacks on me from not only the two guardian ad litem, the plenary guardian and her attorneys, but now the ARDC.   Indeed, the fact that I undertook an investigation is the sole complaint against me.   I am also defending an attorney who is being investigated upon similar charges.  My defense to the Gulag is the First Amendment.    The following quote is particularly appropriate:

Like freedom of speech and a free press, the right of peaceable assembly was considered by the Framers of our Constitution to lie at the foundation of a government *523 based upon the consent of an informed citizenry-a government dedicated to the establishment of justice and the preservation of liberty. U.S.Const., Amend. I. And it is now beyond dispute that freedom of association for the purpose of advancing ideas and airing grievances is protected by the Due Process Clause of the Fourteenth Amendment from invasion by the States. De Jonge v. State of Oregon, 299 U.S. 353, 364, 57 S.Ct. 255, 259, 81 L.Ed. 278; N.A.A.C.P. v. State of Alabama, 357 U.S. 449, 460, 78 S.Ct. 1163, 1170, 2 L.Ed.2d 1488.
3 Freedoms such as these are protected not only against heavy-handed frontal attack, but also from being stifled by more subtle governmental interference. Grosjean v. American Press Co., 297 U.S. 233, 56 S.Ct. 444, 80 L.Ed. 660; Murdock v. Commonwealth of Pennsylvania, 319 U.S. 105, 63 S.Ct. 870, 87 L.Ed. 1292; American Communications Ass’n, C.I.O. v. Douds, 339 U.S. 382, 402, 70 S.Ct. 674, 685, 94 L.Ed. 925;

Bates v. City of Little Rock, 361 U.S. 516, 522-23, 80 S. Ct. 412, 416, 4 L. Ed. 2d 480 (1960)

Last week there was a protest outside a courtroom near Riverside California instituted by a group of persons protesting similar elder abuse and financial exploitation of senior citizens.   I understand that the Media blackout and political censorship of this ‘dirty little secret’ continues just as in a past decade the Gulag florished in Soviet Russia.   I hope that in the year 2012 the 4th of July celebration is all form and no substance.

Ken Ditkowsky
http://www.ditkowskylawoffice.com/
In response to Gloria’s reply yesterday:

Gloria –

I was just having the very same thought.    Rudy Bush wrote me and I remembered the situation with his mother and how her death was handled.

The League of Women Votes had a slogan – “democracy is not a spectator sport!”   Indeed, it is not and while we were complacent our democracy was hijacked!   Instead of protections for ‘grandma’ we have a gulag!    The Supreme Court decision of Buck vs. Bell was the legal precedent for the Holocaust.    Today we are more subtle however, like the National Socialists and the Communists we surround our miscreat behavior with Judicial CYA.    The distinction between the Sykes case and most of the others is the fact that because no one bothered to follow strictly the statute and provide the appropriate Sodini protections – i.e. naming in the petition the close relatives and giving them 14 days notice prior to the hearing to appoint a guardian the Probate Court lacked jurisdiction and the expropriation of approximately a million dollars of your mother’s (and your) assets lacks ‘judicial cover!’    In my opinion it is pure theft and if law enforcement believes in equal protection we will see some people in jail.   If our Federal Government is serious about enforcing taxes on an equal and equitable basis the unreported ‘income’ will be collected from the guardians (plus every penalty and interest due and payable).

We have only ourselves to blame!   We have the ballot but *****.    We have a right of assembly and free speech (except for me in the opinion of the ARDC).   Democracy is not a spectator sport!

From JoAnne:

What do the courts have to say about the First Amendment:

102 S.Ct. 929
Supreme Court of the United States
In re R. M. J., Appellant.
No. 80-1431. | Argued Nov. 9, 1981. | Decided Jan. 25, 1982.
Disbarment proceedings were instituted against attorney. The Missouri Supreme Court, 609 S.W.2d 411, issued a private reprimand. Appeal was taken. The Supreme Court, Justice Powell, held that the provisions of the Missouri Supreme Court rule regulating lawyer advertising which prohibit deviating from a precise listing of areas of practice included in the advisory committee addendum to the rule, which prohibit a lawyer from identifying the jurisdictions in which he is licensed to practice and which prohibit the mailing of cards announcing the opening of an office to persons other than “lawyers, clients, former clients, personal friends and relatives” violate the First Amendment where there was no showing that the advertising was misleading or that the mailings and handbills would be more difficult to supervise.
Judgment reversed.

Most notable quotes from this case:

Truthful advertising related to lawful activities is entitled to protections of First Amendment. U.S.C.A.Const.Amends. 1, 14.
Although potential for deception and confusion is particularly strong in context of advertising professional services, restrictions upon such advertising may be no broader than reasonably necessary to prevent deception. U.S.C.A.Const.Amends. 1, 14.
Under commercial speech doctrine, states may not place absolute prohibition on certain types of potentially misleading information if information may be presented in way that is not deceptive. U.S.C.A.Const.Amends. 1, 14.
Even when communication is not misleading, state retains some authority to regulate; but state must assert substantial interest and interference with speech must be in proportion to interest served. U.S.C.A.Const.Amends. 1, 14.
In regulating communication which is not misleading, restrictions must be narrowly drawn and state lawfully may regulate only to extent regulation furthers state’s substantial interest. U.S.C.A.Const.Amends. 1, 14
Restriction prohibiting attorney from mailing cards announcing opening of his office to persons other than “lawyers, clients, former clients, personal friends and relatives” violated First Amendment without indication that inability to supervise mailings and handbills was reason state restricted potential audience of announcement cards, nor was it clear that absolute prohibition was the only solution. V.A.M.R. 4, Code of Prof.Resp., DR2-102(A)(2); U.S.C.A.Const.Amends. 1,
Although states may regulate commercial speech, First and Fourteenth Amendments require that they do so with care and in manner no more extensive than reasonably necessary for their substantial interests. U.S.C.A.Const.Amends. 1,

Nothing more fun than playing the game of what’s in the Sykes Probate File today…

Dear Readers;

The following is the probate file for 09 P 4585 between May1 and May 13, 2009:

https://docs.google.com/open?id=0B6FbJzwtHocwZG02MkVITlpVcms

cut and paste this if link does not work:

https://docs.google.com/open?id=0B6FbJzwtHocwZG02MkVITlpVcms

In any case, there is an accounting filed by CT for 2011 and there is also an Amended Petition for Partition.  I have not seen Gloria’s response to this, but there is no briefing schedule, so she has a few more days to prepare this.

With respect to the accounting, it looks fine except it is not explained why Hannah is so sickly and has $1000 in vet bills.  She is a young, healthy dog.  Her sister, Peanut, whom I have, is in perfect health and I think cost me about $70 in vet bills for just a check up last year.  Did anyone see this and wonder why Carolyn can’t take care of a simple 10 lb Pekingese, how can she take care of elderly Mary G?

Interesting.

Further, the mortgage payment doubled and that was not explained.  What’s up with that?

She also needs to revamp and refile her Motion to Dismiss or Non Suit for lack of jurisdiction.  I saw one in the file at one time. I will be finding that and redoing it for her next court appearance.  I have prepared declarations for Aunt Yolanda and Aunt Josephine and published them here and sent them off, but have heard nothing back.  All those declarations are necessary for 1) the Probate Court, 2) Gloria’s cases, most notable now the partition that will strip her of her brown house; 3) Ken’s ARDC complaint, 4) My ARDC complaint and a whole host of other reasons.

I’m hoping to get this all done soon so that justice may prevail and we can all go home soon!  Yeah!

JoAnne

Fax to Atty Black at the ARDC

FAX TRANSMITTAL SHEET
To:
ARDC
Attn: Ms. Lea Black, esq.
Fax 312-565-2320    From:                      Admitted Ill., N.  Carolina and Patent Bars
JoAnne M. Denison, Pat.      Atty.  Reg.  No.  34,150
DENISON & ASSOCS., PC    FAX 312-553-1307
1512 N Fremont St, #202    CELL PH 773-255-7608
CHICAGO, IL 60642    PHONE 312-553-1300
JoAnne@DenisonLaw.com  or http://www.DenisonLaw.com
Federal Patents, Trademarks & Copyrights
Marianne Buckley, Associate, Of Counsel
Troy Sieburg, Associate, Of Counsel
Important Notice
This facsimilie message contains attorney privileged and confidential information intended only for the use of the individual or entity named above.  If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited.  If you have received this communication in error, please notify us immediately by telephone, collect, and return the original message to the above address.  You will be reimbursed.  Your cooperation is immensely appreciated.
For transmission problems, please call 312-335-1300
A confirmation copy       WILL   ✔   will NOT be sent.
Pages in fax, including this coversheet – ( see efax header  )
June 26, 2012

Re: JoAnne M. Denison ,  In relation to Cynthia Farenga’s Complaint AND
Kenneth Ditkowsky, the Sykes Probate matter 09 P 4585
PLUS my request to open an investigation against Cynthia Farenga, Peter Schmeidel, Adam Stern, Harvey Waller
Request for subpoenas!

Dear Ms. Black;

Without waiving my representation by Mr. Ditkowsky, who is aware of this communication, attached are two declarations for signature by the adult sisters of Mary G Sykes, namely, Ms. Josephine DiPietro and Ms. Yolanda Baaken.

Their addresses are as follows:

Ms. Josephine DePietro
222 Park Avenue
Bloomingdale, Illinois 60108

Yolanda M. Bakken
1600 N. 39th Avenue
Stone Park, IL

I would appreciate your transmitting these to these ladies to inquire if the declarations are in fact true, and they were never formally noticed by the Petitioner in the above Probate matter as to the Dec 7, 2009 Petition for Guaradianship of Mary G Sykes which was filed by Carolyn Toerpe.  This would make the entire matter–the freezing of Gloria’s $272,000, her subsequent eviction, the partition action filed against her home, her continued harrassment by the miscreants–void ab initio.

Thank you for your continued attention and investigation of the above matter.

This important communication was also posted on my blog at http://www.marygsykes.com, and http://www.marygsykes.blogspot.com, so if you lose it, it will be available there.  Also, if you do not want to retype it, today’s post provides a convenient link so you can just download a Word file to change as you please or just print out..

Very Truly Yours,

DENISON & ASSOCS, PC

JoAnne Denison

Joanne M. Denison

Cc: Ken Ditkowsky, via email, MaryGSykes blogs.

PS–this is also being sent to you as part of my (our) continuing duty to report serious and flagrant violations of the rules of ethics and relevant state and federal laws to the ARDC.

PPS–I am told by a little bird that Josephine thinks “being allowed” to visit her sister once every two months and a phone call once or twice per month is okay because neither Yolanda or her daughter Kathy Bakken–family members once very, very close to Mary G Sykes–were told they “took the wrong side” in the dispute and therefore they are not allowed to see Mary.  I find such conduct of an officer of the court deplorable, but ****.  So you might make Josephine aware it is part of her civic duty to step forward and tell the truth–the court has no jurisdiction and Mary is able to go free and go back and live in her own home if she wants.  And, no a Guardian ad Litem is not supposed to “take sides”, but report fairly and honestly.  Mary G’s sisters used to phone each other all the time.  Gloria held parties for her all the time.  Now CT keeps her in near total isolation with just handful of visits/phone calls.  I am told at a favorite niece’s wedding, the sister’s family table was only about 5 relatives when that side of the family used to have dozens of extended family members visiting Mary (see the Christmas tape links on Vimeo – the links are on the home page of http://www.marygsykes.com.

Direct Links to the Sodini Notice Draft Declarations for the Sisters:

see below.

please cut and paste link if it does not work in your browser.

Yolanda

https://docs.google.com/open?id=0B6FbJzwtHocwSzNuZUpDR1ExMHc

https://docs.google.com/open?id=0B6FbJzwtHocwSzNuZUpDR1ExMHc

Second declaration–Josephine:

https://docs.google.com/open?id=0B6FbJzwtHocwM2ZTVHNQOFZDOFU

https://docs.google.com/open?id=0B6FbJzwtHocwM2ZTVHNQOFZDOFU

Now, if Ken wants to ‘CALL FOR AN INVESTIGATION” and ask the GAL’s to inform the court regarding these declarations, it’s a whole new ballgame.

A Guardian ad Litem, doing her job properly, would immediately, upon seeing Gloria’s documents in the file, or having been served with them, brought them to the court’s attention and start an investigation.

But see my “Table of Torts”.  TEN PAGES of questionable behavior, corruption, misfeasance, malfeasance, perpetration of misdemeansors and felonies have occurred in this case and law enforcement and even the ARDC have swept it under the rug.   Okay, maybe Atty Lea Black does not do this law and she needs help in this area, but the table of torts that I sent her should have raised some huge, huge red flags, even to the casual observer.

I’m not the one that should be scouring the files and preparing these declarations–she should be, or her staff.

The probate court is upside down right now (see attached picture), and I just wonder if the ARDC isn’t just standing on its head so the view looks good and proper to them.

Is this our Probate Court on the the 18th Floor? Should there be signage when you get off the elevator at floor 18 “Welcome to Wonderwerks?”

Ms. Black, YOU have the ability to change all of this.  I know you can do it and let justice prevail.

Another Reason for the Miscreants to start Gulping and back off

Dear Readers;

Now that I have had some time to go back and read transcripts and look over the my computer files (yes, I do have practically all the court orders and documents in my records, so this is a QED, AND I do plan on making those computer files consisting of filed and unfiled pleadings, court orders, court transcripts, etc. complete so Gloria can pursue her claims against the miscreants).

As a result of that and the upcoming July 6, 2012 Hearing on Motion to Partition, I have drafted the below affidavits and will fax them to Lea Black at the ARDC.

Now it is my understand (from a little bird), that Josephine “might be reluctant to sign” because apparently she “took the wrong side” and is allowed to see her sister every couple of months and call her a couple times per month.  What?  Gloria gave Mary parties all the time and included her in EVERYTHING.  Her mom called her sisters all the time.

The most disturbing part of this comment is that it is clearly obstruction of justice and a further breach by the GAL’s of their duty to report to a court fairly and impartially on matters concerning the disabled person.

I, myself, cringe at hearing such comments being made out of the mouth of an Officer of the Court.  Disgusting.

When this situation occurs, I will let Ms. Black know and to put in her cover letter to the sisters that it is their important civic duty to come forward and present court testimony (an affidavit is used as an important precursor to court testimony, it allows the parties, their attys and the court to determine if the witness has something worthwhile to say or not), and inform the court fully of the truth before it.  It is similar to jury duty, an important and cherished civic right, but perhaps signing that affidavit might be even more important.

Ms. Black should further know these witnesses have been tampered with by the GAL’s.

JoAnne

From Ken Ditkowsky today:

From: kenneth ditkowsky
Sent: Jun 25, 2012 7:56 AM

Subject: Re: Request for Information on Incidents of The Use of Chemical Restraints on the Elderly and/or Disabled– from latifa . ring@comcast.net–she is looking for persons experienced with the drugging of elders to put them in nursing homes, keep them from family.  Generally these drugs are prescribed by physicians upon a complaint the elder is unruly and agitated.  Often this agitation occurs when they are put in a nursing home, personal effects and homes are sold–all to generate fees from lawyers, CPA’s and others that put them there.  The worst thing about it is that often these psychotropic drugs (Seroquel, Risperodol, etc.) are hard on the internal organs–heart, liver, kidneys, etc., and over time cause them to fail resulting in the death of the elder. An elder that would be perfectly fine in her own home, without money grubbing miscreants.

From Ken Ditkowsky

Just about every one of the Elder Abuse cases has an element of chemical restraint.    I forwarded your note to people who can report to you the information that you request.
The new Health Care Privacy laws are specifically designed to prevent this information from being readily attainable.   In Court 1 of the ARDC complaint against me (in relation to the Sykes case) Ms. Black is attempting to back door the First Amendment by suggesting that I cannot question a doctor about reports he wrote, and cannot address the fact that he as the treating doctor refused to sign the certificate of incompetency, yet a doctor called in one moment had no trouble signing.   The cache of doctors (except for Dr. Patel – the treater) have an amazing record of finding people incompetent so as to need the full time services of a plenary guardian.
As I said previously – using the criterion of the Circuit Court of Cook County in the Sykes case President Obama – if you stripped him of his clout – could wake up tomorrow morning and find Carolyn Troepe as his plenary guardian.   (No, I am not suggesting that the president is need of a plenary guardian – all I am saying is that when the goal is to create a need for plenary guardian the facts and the law do not get in the way – Yes, most of the Court appointed lawyers are good and decent people  – however, what has happened in Sykes and some similar cases is so reprehensible as to stand out in its stark perfidy).
Ms. Harris to whom this e-mail is directed can provide you with the information as to Robert Jaycox.   When I visited Mr. Jaycox he was so heavily sedated that he looked and sounded as if he were a sleepy drunk.  Of course – for privacy concerns the nursing home did not put up the safety bars – Mr. Jaycox has had at least one incident in which he fell out of bed and hit his head.   Gloria Sykes can tell you what the plenary guardian did to her mother.
All that said – you are investigating a ‘nerve!’   If you take away the chemical restraints as to indigent patients the nursing homes might have to provide services and these elderly (and disabled) could not be warehoused.   Indeed, you might take the profit out the warehousing –
Ken Ditkowsky
Now, here’s the affidavits:
Josephine’s
In Re Estate of                                 No: 2009 P 4585
Mary G. Sykes,
An alleged disabled person.
Declaration by Josephine DiPietro
The undersigned doth deposes and sayeth
1.     I am the adult sister of Mary G. Sykes.
2.     That I have been informed that on November 18, 2009, a hearing date of December 7, 2011 at 11 am in courtroom 1804 was set on Carolyn Toerpe’s Petition for Guardianship.  On that date the hearing was held, and Carolyn Teorpe was appointed Plenary Guardian of Mary G Sykes.
3.     I have also been told of the following requirement under Illinois law:
(f) Notice of the time and place of the hearing shall be given by the petitioner by mail or in person to those persons, including the proposed guardian, whose names and addresses appear in the petition and who do not waive notice, not less than 14 days before the hearing.  755 ILCS § 5/11a. (Emphasis added).
4.     No one ever served me with any written notice of hearing 14 days prior to that hearing, either by mail or in person.
5.     I was not present at the hearing.  (State whether you would have been there had you been informed 14 days in advance.)    ______________________________________________________________________
______________________________________________________________________
I hereby declare that the above statements are true and accurate to the best of my knowledge and recollection at the time they were made.  Where based upon information and belief, they were believed to be true at the time the statements were made.  If I am called to testify, I will give testimony that is the same as stated within this document. I understand that false statements may subject me to penalties for perjury under the relevant Illinois laws and regulations.
Further declarant saith not.___________________________________
Josephine DePietro
Dated this ____ day of June, 2012

For Yolanda Bakken
In Re Estate of                                 No: 2009 P 4585
Mary G. Sykes,
An alleged disabled person.
Declaration by Yolanda Bakken
The undersigned doth deposes and sayeth
1.     I am the adult sister of Mary G. Sykes.
2.     That I have been informed that on November 18, 2009, a hearing date of December 7, 2011 at 11 am in courtroom 1804 was set on Carolyn Toerpe’s Petition for Guardianship.  On that date the hearing was held, and Carolyn Teorpe was appointed Plenary Guardian of Mary G Sykes.
3.     I have also been told of the following requirement under Illinois law:
(f) Notice of the time and place of the hearing shall be given by the petitioner by mail or in person to those persons, including the proposed guardian, whose names and addresses appear in the petition and who do not waive notice, not less than 14 days before the hearing.  755 ILCS § 5/11a. (Emphasis added).
4.     No one ever served me with any written notice of hearing 14 days prior to that hearing, either by mail or in person.
5.     I was present at the hearing only because Gloria Sykes, younger daughter of Mary G Sykes, notified me informally in the following manner there was to be a hearing:
______________________________________________________________________
______________________________________________________________________
(State whether it was via an email to someone else, a phone call, etc. or you were unaware that the Petition was being heard on December 7, 2010 at 10 am in court room 1804 of the Richard J Daley Center, 55 W. Washington St, Room 1804, Chicago, IL 60602.
I hereby declare that the above statements are true and accurate to the best of my knowledge and recollection at the time they were made.  Where based upon information and belief, they were believed to be true at the time the statements were made.  If I am called to testify, I will give testimony that is theInitials_______
Yoland Bakken Declaration
Page 2 of 2same as stated within this document. I understand that false statements may subject me to penalties for perjury under the relevant Illinois laws and regulations.

Further declarant saith not.

___________________________________
Yolanda Bakken

Dated this ____ day of June, 2012

These declarations should be signed ASAP and sent IMMEDIATELY to both myself for publication on the blog AND please fax them to Ms. Lea Black at the ARDC, fax no. 312-565-2320
I will put these inline in this post and also put them up as a shared file in word that can be edited because these should be used by every atty practicing in probate that is having a problem with a ward that may not be disabled and some family members want to fight it.

Fax to Hon Timothy Evans, Presiding Judge, Cook County

Dear Readers;

Okay, you know I just couldn’t resist a responsive fax to Judge Evans, so here it is:

FAX TRANSMITTAL SHEET
To: Hon Presiding
Judge Timothy Evans
Circuit Court Cook County

Fax: 312-603-5366
From:                      Admitted Ill., N.  Carolina and Patent Bars
JoAnne M. Denison,     Pat. Atty.  Reg.  No.  34,150
DENISON & ASSOCS., PC    FAX 312-553-1307
1512 N Fremont St, #202    CELL PH 773-255-7608
CHICAGO, IL 60642    PHONE 312-553-1300
JoAnne@DenisonLaw.com or http://www.DenisonLaw.com
Federal Patents, Trademarks & Copyrights
Troy Sieburg, associate, of counsel
Marianne Buckley, associate of counsel
Important Notice
This facsimilie message contains attorney privileged and confidential information intended only for the use of the individual or entity named above.  If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited.  If you have received this communication in error, please notify us immediately by telephone, collect, and return the original message to the above address.  You will be reimbursed.  Your cooperation is immensely appreciated.
For transmission problems, please call 312-553-1300
A confirmation copy       WILL   ✔   will NOT be sent.
Pages in fax, including this coversheet – ( 1  )
June 23, 2012

Re: Seizure of attorney laptops in Probate court

Dear Judge Evans;

I am in receipt of your cursory letter sent my snail mail to my offices.

However, snail mail is very costly to the taxpayers and emails and efax are much more efficient and I strongly encourage you to use those.  I promise you I will respond promptly to all communications, generally in a day or two, so do not worry about non receipt of mail.

Further, the USPS readily admits from studies that are decades old and extremely consistent, that only 95% of snail mail reaches its destination in 5 days!  I think email easily beats that statistic hands down.

As you may or may not know, this issue is part of a much larger issue going on in the Probate Court right now and we have a very active blog on all aspects of a case which is extremely contentious and appears to be the center of substantial corruption and wiring.

Discussions among the attys that are helping out the client pro bono are lively and active.

The seizure of the laptop has become part of those discussions, and one of the attys on the blog is extremely active and eloquently outspoken, so I thought perhaps you might enjoy his comments.  Below is the post for today, of which you are a subject.

Ken Ditkowsky says that Judge Timothy Evans sent me a bug letter
Posted on June 23, 2012

Dear Readers;

As you well know, last December 2011 my laptop was seized when Adam Stern whined to Judge Connors that I was blogging (soon the transcripts will appear on the first page of this blog, I am working on that), So finally, finally I got a response from Cook County presiding judge Timothy Evans after 3 faxes and waiting about 2 weeks. (I guess he has no law clerks or staff).

in any case, see below:
https://docs.google.com/open?id=0B6FbJzwtHocwQVh3bm5fbWU3VkE (cut and paste link)

Obviously, the letter says nothing in response to consititutional rights, the ability to best serve your client, etc. but Ken Ditkowsky had an even better anecdote regarding a “bug letter.”

KD’s anecdote:
“Many years ago before the age of computers on every desk, the Illinois Central Railroad ran trains to Southern Illinois. The trains had windows that opened, and sometimes passengers were harassed by insects. On one such trip a traveler was so upset that he wrote to the Chairman of the IC to complain.
In the 40?s and 50?s Banks and large institutions had automatic typewriters – these were typewriters that we very much like player pianos. A secretary would type a master, and then another secretary would fill in the details such as name, address, etc.
Anyhow, our traveler received a letter very similar to what you received, and in the unsophisticated era the personal signature totally mollified him – until he turned the letter over and saw in pencil the words: “send bug letter.”
It is a shame that everyone is watching what appears to be a crime being committed, i.e. a 93 year old lady, kidnapped and robbed and the thieves acting in concert with the judicial system. The Illinois legislature enacted the Sodini protections and made the protections jurisdictional to prevent exactly what has happened in the Sykes case. Now for four years this Gulag has continued in full sight of law enforcement, the highest ranking judicial officials, and the world. Mary Sykes has been totally deprived of her liberty, her property, civil rights and even human rights in full sight. Approximately a million dollars in assets have been illegally sequestered by the thieves who have the temerity to brag in open court of the perfidy! (see Sykes transcripts)
The distinction between Chicago street crime and guardian crime is that the ‘thugs’ are not ‘minority individuals’ not Italian mafia etc. They are ‘clout’ heavy political types who have for many years ‘played’ the system to make their bread at the public expense. By targeting Grandma who they could characterize as senile they are apparently safe as their co-conspirators cover their tracks with CYA letters, intimidation, and deceit! These criminals are just as vicious as the gang member who grabs grandma’s purse and throws her onto the elevated tracks! The only distinction is the the judicial system protects them. Shame, Shame, Shame.
The attached letter from Judge Evans is a symptom of the corruption that gave rise to Watergate, Greylord, Sykes, etc. It is difficult to speak to deaf ears glued onto public officials whose sole aim in life is CYA. Rest assured, at some point in time the right combination of circumstances will occur. How many years did Sandusky prey on male children? How many responsible people watched? What did the public authorities do? How many lives did the SOB ruin?
Why are the public officials who ignored the problem not in the ‘dock?’ Every one of them Aided and abetted the criminal activities while they occurred – each should be independently prosecuted and sent to jail as an Accessory during the fact. Each public official who ignored a complaint letter or other communication had an affirmative duty (parens Patrie) and in ignoring his/her duty assisted in the crime. These elder abuse cases are identical. Today – all the is required of the public officials (who have nothing to hide – those who do should take the fifth) is to demand a complete honest and comprehensive investigation of all the facts of the Sykes case.”
Sigh, now I have to send him a fax saying that his letter was non responsive, I will make the security guy aware of the letter, but the reality is lawyers protect our rights and not security people.  I have yet to see a cop or security officer say, you have important constitutional rights and I want to protect those.  Nope, their mantra is “an arrest a day keeps the sarge away.”
I don’t think the Hon. Timothy Evans  knows that I am serious enough to sue him over this because it is a very important right to be able to take notes in court when needed and to do the best possible job for your client.
So more faxes. I will let you know if I get a real response from him or if I have to go to a federal court district judge to do it.
thanks all.
JoAnne

There were other comments I receive about your letter, but KD”s was clearly the best, hands down.

Kindly let me know if and when you decide to write a responsive letter that protects the rights of attys and their clients in the courtroom, and PULEEZE do not push off YOUR responsibility to “security” who know nothing of these rights, don’t know, don’t care, aren’t being paid to worry about anyone’s rights, and always seem surprised when a lawyer brings up the fact that due process and constitutional rights were supposed to be part of a class and exam passed in 6th grade!

I already had a discuss with the courtroom employees over constitutional rights, and they admitted security personnel knew “nothing about” that (due process and constitutional rights” and they said that was not their job to know these things or evaluate these things.
I agree.

So why are you passing something to a department that knows nothing of these things, readily admits it, and they say they take their direction from the court after the lawyers argue their respective points?

All good questions, but where are the good answers.

Very Truly Yours,

DENISON & ASSOCS, PC

JoAnne Denison

JoAnne M. Denison

cc: http://www.marygsykes.com  And http://www.marygsykes.blogspot.com

cc:

Ken Ditkowsky says that Judge Timothy Evans sent me a bug letter

Dear Readers;

As you well know, last December 2011 my laptop was seized when Adam Stern whined to Judge Connors that I was blogging (soon the transcripts will appear on the first page of this blog, I am working on that), So finally, finally I got a response from Cook County presiding judge Timothy Evans after 3 faxes and waiting about 2 weeks. (I guess he has no law clerks or staff).

in any case, see below:

https://docs.google.com/open?id=0B6FbJzwtHocwQVh3bm5fbWU3VkE (cut and paste link)

Obviously, the letter says nothing in response to consititutional rights, the ability to best serve your client, etc. but Ken Ditkowsky had an even better anecdote regarding a “bug letter.”

KD’s anecdote:

“Many years ago before the age of computers on every desk, the Illinois Central Railroad ran trains to Southern Illinois. The trains had windows that opened, and sometimes passengers were harassed by insects. On one such trip a traveler was so upset that he wrote to the Chairman of the IC to complain.

In the 40’s and 50’s Banks and large institutions had automatic typewriters – these were typewriters that we very much like player pianos. A secretary would type a master, and then another secretary would fill in the details such as name, address, etc.

Anyhow, our traveler received a letter very similar to what you received, and in the unsophisticated era the personal signature totally mollified him – until he turned the letter over and saw in pencil the words: “send bug letter.”
It is a shame that everyone is watching what appears to be a crime being committed, i.e. a 93 year old lady, kidnapped and robbed and the thieves acting in concert with the judicial system. The Illinois legislature enacted the Sodini protections and made the protections jurisdictional to prevent exactly what has happened in the Sykes case. Now for four years this Gulag has continued in full sight of law enforcement, the highest ranking judicial officials, and the world. Mary Sykes has been totally deprived of her liberty, her property, civil rights and even human rights in full sight. Approximately a million dollars in assets have been illegally sequestered by the thieves who have the temerity to brag in open court of the perfidy! (see Sykes transcripts)

The distinction between Chicago street crime and guardian crime is that the ‘thugs’ are not ‘minority individuals’ not Italian mafia etc. They are ‘clout’ heavy political types who have for many years ‘played’ the system to make their bread at the public expense. By targeting Grandma who they could characterize as senile they are apparently safe as their co-conspirators cover their tracks with CYA letters, intimdation, and deceit! These criminals are just as vicious as the gang member who grabs grandma’s purse and throws her onto the elevated tracks! The only distinction is the the judicial system protects them. Shame, Shame, Shame.

The attached letter from Judge Evans is a symptom of the corruption that gave rise to Watergate, Greylord, Sykes, etc. It is difficult to speak to deaf ears glued onto public officials whose sole aim in life is CYA. Rest assured, at some point in time the right combination of circumstances will occur. How many years did Sandusky prey on male children? How many responsible people watched? What did the public authorities do? How many lives did the SOB ruin?

Why are the public officials who ignored the problem not in the ‘dock?’ Every one of them Aided and abetted the criminal activities while they occurred – each should be independently prosecuted and sent to jail as an Accessory during the fact. Each public official who ignored a complaint letter or other communication had an affirmative duty (parens Patrie) and in ignoring his/her duty assisted in the crime. These elder abuse cases are identical. Today – all the is required of the public officials (who have nothing to hide – those who do should take the fifth) is to demand a complete honest and comprehensive investigation of all the facts of the Sykes case.”

Sigh, now I have to send him a fax saying that his letter was non responsive, I will make the security guy aware of the letter, but the reality is lawyers protect our rights and not security people.  I have yet to see a cop or security officer say, you have important constitutional rights and I want to protect those.  Nope, their mantra is “an arrest a day keeps the sarge away.”

I don’t think the Hon. Timothy Evans  knows that I am serious enough to sue him over this because it is a very important right to be able to take notes in court when needed and to do the best possible job for your client.

So more faxes. I will let you know if I get a real response from him or if I have to go to a federal court district judge to do it.

thanks all.

JoAnne