Something has happened that I never thought would happen, and that is a string of emails between Atty-GAL Cynthia Farenga and Atty Ken Ditkowsky!
I simply cannot believe that CF, a clearly ethics challenged atty is writing KD, an attorney that has been clamouring for an investigation since he first became aware of the Sykes Probate case 09 P 4858 and noted many problems with the case 1) an excellent long term care giver (Gloria) was chosen as guardian over a barely there, somewhat estranged sister (Carolyn), 2) the case was railroaded with a clearly deficient Petition not naming all close relatives (I just got a case like that and the response was oh well–oh well nothing, it’s jurisdictional, babe and an extremely serious fatal deficiency); 3) no discovery,e ven though discovery was asked for; 4) claims of gold coins being in the estate, safe deposit boxes drilled out and looted even though the Plenary Guardian knew that another sister’s name was one it—-oh go see my table of torts for further information of a long history of irregularities in the case.
So please read on below. Cynthia is amazing in wondering and worrying about this blog. The information on it is growing. On Monday I should have up a page of “Important Documents and Evidence against the Miscreants” which will have things like my Table of Torts, the Declaration of Sister 1 saying there were no Sodini notices, etc.
My advice to you Cynthia (and this goes for Adam, the other GAL) is to waltz your butt into court on Tuesday with an emergency motion served to Gloria and the sisters by fax, email and personal delivery (yeah, pay the $50 to get the motion out to the burbs where these ladies live or drive them out yourself and apologize like a big girl) to nonsuit/dismiss and attach the petitions of Sister 1 and Gloria and ask the case be nonsuited because there is no jurisdiction. There is absolutely no proof in the file that attorney Harvey Waller served Sodini notices, which are jurisdictional with the following 4 elements 1) it must be in writing; 2) it must be served on close relatives (adult siblings and children); 3) it must state the time, date and place of hearing and 3) It must be served by Petitioner 14 days in advance of the hearing. None of this was done. The GALs are supposed to attend to these details. You and GAL Stern did not. 3 years of this nonsense against Gloria and her mother who do want to be together.
My advice to you is to nonsuit the case and join KD and myself in calling for further investigation and a complete asset search of CT. Heck, do Gloria too and it will show she is not the miscreant in all of this. It will take an FBI officer minutes to look at bank accounts statements, balances, etc. over the last two years. How did Carolyn pay for her daughter’s fancy wedding and finish up remodeling her house when she is a retired school teacher and her husband was out of work for years? Pull the tax returns from the IRS and do a comparison!
Your job was and still is to ask questions and protect Mary.
You seriously failed in that. But don’t wallow in pity–get going!
From: kenneth ditkowsky
Sent: Jul 27, 2012 2:29 PM
Subject: Re: Assorted
It is interesting that you think you did not do anything wrong. You did and continue to do quite a bit wrong. As an attorney and as a ‘human being’ you should know what you did wrong. The first thing you did wrong was to have denied Mary Sykes her liberty, her property, her civil rights and her human rights.
Please allow me to be more specific. [KD response start] The Statute requires that prior to a guardian ship proceeding being held Mary Sykes and all her close relatives are entitled to a written 14 day notice. As an attorney you should be aware of this jurisdictional criterion. Thus, it appears that the Probate Court lacks jurisdiction. The de-facto appointment of Carolyn Troepe is therefore flawed. I trust that you are aware that this makes certain actions undertaken not only questionable but patently illegal. As an example how could Mary (and Gloria’s) safety deposit box be drilled and the content’s removed. The contents included jewelry and collectibles. I estimate the value at over a million dollars. As this million dollars was not inventoried it appears that someone other than Gloria dis something wrong. It also appears that the total isolation of Mary from her sister and her daughter were also wrong. [KD response start]The aiding and abetting this conduct was also wrong and in my opinion makes you and Adam Stern Accessories during the fact. If you want details read the ADA complaint filed in Federal Court.
[KD response con’t]Of serious concern are your statements concerning Gloria Sykes. You cannot point to a single act of hers that was wrong. As a citizen – you know one of those little people protected by the Federal and State Constitutions – she has every right to resist the attempts by you (plural) to deprive her of her liberty, her property and her civil rights. The reason I am adamant in my defense of Gloria and Mary is the simple fact that I believe in the principles of American democracy! I would be such as vigorous in defending and standing up for your rights! If you had done a scintilla of due diligence you would have discovered that Gloria had a serious insurance claim. Lumberman (Kempers) denied the claim and she sued. After years litigation they offered her and she accepted a settlement. As Mary was placed on the title by Gloria to complete her estate Mary was as an afterthought brought into the Lumberman case. Mary had and has no interest in the property as she has (had) her own home and therefore with the aid of an attorney she signed away her share of the settlement. As Gloria would say – the statements that you made to the Court were all intentional and knowing untruths (lies).
I do not care if you pay the taxes due for the breach of fiduciary relationship, nor do I give a damn if you got dime one of the ‘loot’ from Mary’s estate. I will leave it to law enforcement to figure out you culpability.
You keep making statements about the corruption in the judiciary. As you are constantly upon on the 18th Floor, you must have knowledge of who, what and where. As my practice is general I would not be privy to whether or not your allegations of corruption are true or false. I do know however the the Sykes case has a massive jurisdictional problem. The entire guardianship fiasco in Sykes is clearly without jurisdiction. Gloria and her aunts were not served with the 14 written notice. Gloria has filed an affidavit to that effect, and I am informed that Aunt Jo has also provided an affidavit. Mr.Stern in an e-mail disclosed that in lieu of written notice he, you, and Ms.Troepe agreed that Mary should have a guardian. Mr.Schmiedel is quoted in the transcripts as pointing out the application for a guardian was also deficient and no written notices were sent out.
On a level playing field a Judge first checks to see if he/she has jurisdiction and then if he/she does not it is ‘game over!’ Why this has not occurred in Sykes is a mystery. It should not be as the Sykes case has two Guardian ad litem who are aware that the jurisdictional criterion has not been met and each has a duty to report that fact to the Court. It would seem to me that that failure is not only wrongful but a serious breach of fiduciary relationship on you part. You are not alone however – Mr.Schmiedel as an officer of the Court and Mr. STern as a guardian ad litem also are culpable.
If there is a word that you do not understand, Ms. Sykes can explain it to you. I understand that she was an elementary school teacher in another life. Your ‘clever’ repartee is not appreciated. The Sykes case is a serious matter. A senior citizen has been isolated from her family, her activities, her friends and her life with the aid of two guardian ad litem. This same senior citizen has had too many trips to the emergency room and too little contact with her former life. There is serious question as to whether this senior citizen was incompetent – it is my believe that she was indeed competent but railroaded by clearly unconscionable means into the loss of her liberty.
Ms. Farenga – if you had a scintilla of ‘good faith’ you would join with me in requesting law enforcement to do an honest, complete and comprehensive investigation of the Sykes case.
From: “email@example.com” <firstname.lastname@example.org>
To: kenneth ditkowsky <email@example.com>
Sent: Friday, July 27, 2012 12:42 PM
Subject: Re: Assorted
I know that you believe your friends throughout every level of law enforcement will soon be at our doorstep. I happen not to believe that since as far as I can tell, the only one who may have acted inappropriately is Gloria. I note you did not answer the question of why you are so eager to protect Gloria when Mary was allegedly your client.Just what is it about Gloria that impels you to violate your ethical duty to Mary in the event of even a potential conflict between them? Again, using your own logic, how do we know you all aren’t in a a conspiracy to share any funds that Gloria may recover in this litigation? [KD response start] I have a very viable civil rights (42 USCA 1983) claim against you, Adam Stern and Schmiedel. As you singled me out and filed a sanction motion against me in a Court that lacked jurisdiction – under color of statute you violated my civil rights. That should be a 6 or 7 figure verdict. [KD Response end] Very odd. Only you and JD have been paid, but JD continues to post invoices left and right claiming hundreds of thousands of dollars of fees, yet we are supposed to think that all of your hands are clean? Running a blog is not a legal task. Who is the client that JD proposes to bill upwards of $55k plus interest for running a blog? [KD response start]Why is that any of your business. The use of a Blog and communication is a FIRST AMENDMENT RIGHT. It is my understanding that the National Socialists do not have any candidates running in the current election cycle – ergo, their proposed legislation has not been enacted and the Citizens of the State of Illinois are still free to object to the acts of denying a senior citizen of her liberty, her property, civil and human rights. [KD Response end] [JD response—the reason you have not been paid is because you are acting without jurisdiction and engaging in malpractice and malfeasance and breach of fiduciary duty. It’s hard to get paid when you are ultra vires and committing continuing torts on a routine basis.]
You will all continue to run off at the mouth. There will be no nice view of the prison courtyard for us because We have done nothing wrong. The corruption of Greylord proportions, the corruption of the entire probate division, judges and attorneys, the accusations against Judge Evans and Justice Connors–this is all your imagination. JD’s and Gloria’s. One day in court at the beginning of this mes (sic) Gloria told me she’d pay for care giving in order to bring her mother home pending the resolution of the guardianship. She retracted the offer the next day. You can post, email, fax, blog and do whatever, but in the end, I feel sorry for you. There is not a single fact of wrong-doing you have found (as opposed to your made-up accusations), nor will you. There is none. [KD response start]Last I heard, it was a crime to take possession of ‘grandma’s’ property without her consent. Indeed, according to Justice Sotomeyer lawyers are supposed to know the law and to be aware that Court operating without jurisdiction issue void orders! Persons who knowingly act pursuant to void orders get free orange jumpsuits! [KD Response end]
Though I’m busy writing my own book, I feel the need to let you know that we realize these accusations are all phony. In the meantime, when the IRS knocks on my door, I’ll invite them in for tea and crudites, answer their questions and sit them down to read all of the lunatic postings that are on line. I will be glad to pay tax on the income from my book, however. [KD response start]Unfortunately and unhappily the averments that have been made are all true and correct. You can blame Gloria Sykes for the troubles of the world, but that does not solve any of them. My dear friend – if you look in the mirror you will see the person who bears the greatest culpability for Mary Sykes loss of her liberty and her property. You also will see in the same image the person who failed to report vital information to the Court and/or condoned conduct that is deplored by all civilized peoples. I sincerely hope that when the IRS comes calling you can be glib and confident; however *****[KD Response end]
From: “kenneth ditkowsky” <firstname.lastname@example.org>
Cc: “NASGA” <email@example.com>, “probate sharks” <firstname.lastname@example.org>, “JoAnne M Denison” <JoAnne@DenisonLaw.com>, “states attorney” <email@example.com>, “Cook County Sheriff” <firstname.lastname@example.org>, “GLORIA Jean SYKES” <email@example.com>, “scottevans” <firstname.lastname@example.org>
Sent: Thursday, July 26, 2012 7:25:24 PM
Subject: Re: Assorted
Please send me the file that you have from the Secretary of State. The information that I have that in late 2008 or early 2009 Mary and Gloria were going to California and Mary needed her license renewed. She could not do so as it had lapsed. Therefore she was required to take the written as well as the driving test. She passed the written test with flying colors but had to retake the driving portion. It is interesting (but not unusual in Illinois) that this little fact does not appear on the Secretary of State record.
I grieve for you as to your tale of woe having allegedly not been paid. Being part and parcel of the looting of a senior citizens’s estate is a breach of fiduciary relationship and a taxable event. I know what Mary sykes had – remember I did her Will. She discussed her Estate with me and I remember a good amount of detail. I even know the number of gold coins! Your aiding and abetting the non-inventory of the assets of the estate makes you an accessory! I let the US Attorney explain to you the consequences at a proper time and place.
Unfortunately Attorney fees must meet the criterion of being ‘necessary’ and provide some benefit to the ward. The services that you performed were worth absolutely zero to Mary in that:
1) The simple protections that the State affords to Mary – as Mr. Stern reports in an e-mail – were obviated by you, Stern, and Troepe agreeing to appoint Carolyn as the plenary guardian. If you have been reading JoAnne’s postings at this point in time you have been educated to Sodini and know that this technicality is jurisdictional. As you should know – no jurisdiction no ‘cover’ of statute and the ‘loot’ is taxable!
2) you aided a abetted three plus years of abuse to Mary, including an episode that placed Mary in the emergency room having lost ten percent of her body weight.
3) you aided and abetted Mary from having contact with her sister and her younger daughter.
4) you aided and abetted efforts that were calculated to kee Mary from being represented by counsel and having a day in Court. I would call this aiding and abetting the deprivation of Mary Sykes’ liberty interests.
5) you aided an abetted in the ‘rape’ of the civil and human rights of Gloria and Mary Sykes.
As the Court has no jurisdiction (Sodini) you are at best a ‘de facto’ GAL and as such you have no immunity. Of course to the extent that your conduct violates the law you are culpable and have to answer to law enforcement. As to Gloria, JoAnne, and myself at a proper time and place you will answer in damages. (Had you seen that the Sodini protections had been afforded Mary – we would have no remedy against you personally – but using Stern’s words – this “technicalilty” *****
Ms. Farenga – a while back I asked you to join with me and requesting a complete, honest and comprehensive examination by law enforcement of the Sykes and related cases. You and Mr. Stern refused. It should be very clear that you do not have the ability to intimidate Ms. Sykes, Ms. Denison or myself. We are not going away and win, lose or draw before the ARDC and where-ever you choose to complain for you and Mr. Stern (and Ms. Troepe and Mr. Schmiedel) this is not going to end. Ms. Sykes, Ms. Denison and yours truly have no intention of meekly marching in a ‘box card’ to be later herded into the gulag. EVERYONE KNOWS THAT A TERRIBLE WRONG HAS BEEN COMMITTED BY FARENGA, STERN, SCHMIEDEL AND OTHERS WHO HAVE AIDED AND ABETTED THEM in denying Mary Sykes and Gloria Sykes their liberty, their property, their civil rights and human rights.
Tomorrow is a new day – Sykes, Denison and I do not seek revenge or even recrimination – we seek the freeing of Mary Sykes and that she be allowed to live out the few days that she has left in the bosom of those who care for her. How can you as a human being rationalize that Mary has been and is being separated and not allowed contact with her younger daughter and her younger sister! (The million dollars in assets that have been taken from Mary is irrelevant to Gloria, JoAnne. It may not be to the IRS or IDR.
If you recall several years ago Gloria begged you to join with her to free Mary and get Mary out the abusive Gulag! You responded with one of your “Gloria did diatribes.” At that point in time it was no harm, no foul situation however, you rejected Gloria’s magnanimous offer. Too bad.
One more point – I do not know what the United States Department of Treasury’s policy is on those who aid and abet the evasion of Federal Income Taxes; however, I suspect that they will be fair and just.
From: “email@example.com” <firstname.lastname@example.org>
To: kenneth ditkowsky <email@example.com>
Sent: Thursday, July 26, 2012 4:05 PM
Just as soon as I return from visiting my hositalized relative, I’ll send over the secretary of State’s file on Mary’s driver’s license issue dates and test dates. Presumably you haven’t seen the file, because Mary did not take a test in 2009 and her last license was issued in 2005 (working from memory, or 2006 at the latest).
How ironic that Adam and I have in fact been working without payment of a dime thus far, while you and JoAnne have both stated in open court that you have received fees. JD said she received $20k or $25k. [JD response—and I have also done about $180,000 in work or more to root out corruption—time I could spend on other cases and other matters, while you two fiddle on 3 years in a case without jurisdiction]
You can fabricates more “facts”, as you all will, but I continue to question why you, who once allegedly represented Mary, are so anxious to see that Gloria gets all of the settlement money w/o expressing any reservation. Maybe, Ken, you folks are the ones who have a financial interest in this matter and seeing to it that Mary does not receive any money so that Gloria can.Perhaps you are expecting to share with Gloria? [JD response—that’s inane, KD and I call for an investigation and you do nothing. If we call for an investigation one or all parties can be investigated. We never said only investigate CT. You are twising words] Your theory about Adam and me makes no sense, as we have said before. Adam and I did not know about any alleged money trove, be it gold coins or cash in the mattress and frankly, why would we? Gloria’s OWN cross-petition does not disclose such assets. [JD Response—Gloria has complained over and over and I know I sent you emails about the gold coins and YOU AND AS REPEATEDLY TELL THE COURT “IT IS A FICTION OF GLORIA’S IMAGINATION”, and you do not tell the judge that Ken Ditkowsky, who did the estate planning for the Sykes for years, lists those gold coins in his estate inventory which lists and information are business records and should be brought to the court’s attention for further investigation]
I know that you are imagining these “facts” [JD Response–how do you know that—have you investigated? Nope, not one piece of discovery has been served on Carolyn—and you could have done that back in Jan 2010 and prevented misery for all of us, esp. Carolyn because at that time she could have put them back and not spent them], but I occasionally feel the need to tell you that we know they are demonstrably untrue. And you should be ashamed to be putting the law license of a young lawyer, Annie, in jeopardy, as yours and I would guess JoAnne’s will be [JD Response—this is really interesting, it shows how little CF investigates. Annie is a law clerk and that is on our website. Cynthia, do you ever read anything? Annie will be please tho that you think she writes well enough to be a lawyer. I think her non-lawyer status is clear from her writing, but *****]. Now J has this young woman on the bandwagon commenting on an area of law she seems to have no background in, and parroting JD’s tone when she makes blog entires (sic). You really should be responsible enough to leave this phony expose to yourself and JD and not to stain a young lawyer’s reputation. If you are so sure you’ll be winning a gold medal for your Greylord- like expose, leave her out of it now and promise her the credit in the future. [JD Response–Cynthia, if you don’t do the work and don’t use your own name, then there will be no credit in the future for you. Plus, it is important that if someone writes for the blog, that person is identified. Anyone can write and post anon junk. The web is filled with cyber junk. I encourage integrity. And it’s obvious all you’re trying to do is intimidate and bully around another person–not going to happen, babe. Annie has read the Probate Act end to end and she has read Sodini. If you have something to say to Annie, put it on the blog. But right now you and AS have no jurisdiction to do what you’re doing and the world knows it.]]
From: “kenneth ditkowsky” <firstname.lastname@example.org>
To: “GLORIA Jean SYKES” <email@example.com>, “Tim Lahrman NASGA” <firstname.lastname@example.org>
Sent: Wednesday, July 11, 2012 11:29:10 AM
The State of Illinois does not have jurisdiction in Gary Indiana, Cleveland Ohio, or even Milwaukee Wisconsin. A subpoena stops at the State line. An Illinois Judge’s order stops at the State line. An Illinois judgment cannot be enforced in Indiana.
Our friends in writing threatening letters to people outside the jurisdiction of the Illinois are acting without any immunity whatsoever and it is my opinion can be prosecuted in the County of the State where the victim resides. It is further my opinion that as the Sodini requirements for jurisdiction to vest in the Circuit Court Probate Division have not been met there is no immunity for their acts even though authorized specifically by a judge’s order. The judge to act as a judge must have jurisdiction. this is the reason most judges make inquiry as to jurisdiction as issue one.
The fact that a guardian ad litem sends an unauthorized subpoena does not vest the Court with jurisdiction over the person. A subpoena must be served and must be served within the territorial jurisdiction of the court.
In re: Sykes is a case for the ages. I have never seen so must ultra vires conduct in any case prior and have never seen so much disconnect on the issue of jurisdiction. Since Jerman the presumption of lawyers knowing the law is in the forefront and all these actions undertaken without jurisdiction are going to have serious consequences.