Interesting article on paying docs to perform surgerys in “surgical centers”

From the Tribune:

http://www.chicagotribune.com/news/local/ct-met-nayak-guilty-plea-20130921,0,4349554.story

It’s interesting to note the prosecution is over this businessman is directing certain traffic to his “surgical centers” by bribing doctors.  In other words, Nayak paid doctors $200 to $300 to use his surgical centers, then presumably the insurance companies paid much more to the surgical centers to “do medical business there”.

Apparently moving and directing medical business for profit is not really prohibited by the law directly.  The feds are prosecuting him under IRS tax laws for not filing the paperwork to report the bribes to the IRS, and then there is “honest services”– a very controversial part of Federal law that says businesses have to provide “honest services” for payment.  The feds allege that these payments were not disclosed to patients, even though there apparently is no real duty under the law to do so.  This is interesting because how many of us have gone to the doc’s offices, gotten a bill later and found all sorts of names on that bill we never even heard of besides the clinic’s and doctor’s name.  Lab services,PT, billing–you name it, bills are filled with names never heard of before.  And we always see amounts that are clearly suspect–such as massive amounts for routine blood tests that seemed to cost about half that years earlier.

The guy is linked to Blago and Rev. Jackson Jr. via campaign raising efforts.  No surprise.

Learning about Jurisdition–a 5th amendment right?

from google scholar:

http://scholar.google.com/scholar_case?case=10088614715997330026&q=In+re+Marriage+of+Stefiniw&hl=en&as_sdt=4,14

 
In re DAR. C. and DAS. C., Minors (The People of the State of Illinois, Appellee, v. Daryl Crockett, Appellant).
Supreme Court of Illinois.
Filed October 27, 2011.
In re Detention of Hardin, 238 Ill. 2d 33, 39 (2010). As this court has recognized, “[i]f a court lacks either subject matter jurisdiction over the matter or personal jurisdiction over the parties, any order entered in the matter is void ab initio and, thus, may be attacked at any time.” In re M.W., 232 Ill. 2d 408, 414 (2009); see also Johnston v. City of Bloomington, 77 Ill. 2d 108, 112 (1979) (when subject matter jurisdiction or personal jurisdiction is lacking “the proceedings are a nullity and no rights are created by them and they may be declared void when collaterally attacked”). When a trial court fails to obtain personal jurisdiction over a litigant, it is deprived of the authority or power to impose judgment against the litigant. In re M.W., 232 Ill. 2d at 428.
Relevant to this appeal, personal jurisdiction may be imposed on a litigant by effective service of summons. In re M.W., 232 Ill. 2d at 426. Providing effective service is a means of protecting an individual’s right to due process by allowing for proper notification of interested individuals and an opportunity to be heard. Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950). Because the termination of parental rights implicates a fundamental liberty interest, the procedures employed must comply with due process. In re M.H., 196 Ill. 2d 356, 363 (2001) (citing Santosky v. Kramer, 455 U.S. 745, 753 (1982)). Ultimately, inadequate service of summons or process divests the trial court of personal jurisdiction. In re Antwan L., 368 Ill. App. 3d 1119, 1128 (2006).

And another one bites the dust–NJ Sup. Ct. rules you can’t be a judge and commedian too

For those of you out there that find that court on some days seems to be more buffoonery than a hall of justice, comes another problem.  A judge takes on a stage name and is a comedic hit.

Did he even joke about the law?  No. in a 7 to 0 decision, the N.J. Supreme Court apparently didn’t like his politics and the way he made derisive jokes against children!

They thought the public might be confused.

Interesting decision

http://www.syracuse.com/news/index.ssf/2013/09/joking_judge_vince_sicari_must_cut_the_comedy_to_stay_on_bench_nj_supreme_court.html

Why does Mary continue to be isolated from friends and family?

Today we continue to ask the question, why is Mary Skyes still being isolated from her family and friends.

Her home has been sold, the court has been informed that the other home has more debt on it than it is worth to sell.  This is and has been Gloria’s home, she paid for it, she paid the mortgage and she was the only one living there and only her property is in the home.

No one in the family disputes that.

Mary, if asked, would not dispute that, but she is not allowed to come to court or to testify, despite the fact the Illinois Probate Act does not take away all her rights to make decisions.  It is only where she needs help making a decision that the court and/or her Guardian should intervene.

Mary wants to “go home” and live with Gloria.  She said that if she and Gloria had to, they could start over.  What a warm and wonderful woman!  How thoughtful of her.  That was in June of this year when friends and family were able to visit her and she how warm and wonderful she really is.  That was despite the fact she was in a nursing home and didn’t want to be there.  She said she was waiting for Gloria to come and take her home–whatever place Gloria was calling home.

Of course, that did not happen.

For some reason Mary has to be isolated from beloved family and friends.  Her home was sold and she never wanted that.  She had great insurance and Gloria helped her with all the bills.  The court stopped all that.

How unfair and how miserable for Mary.

No one has any justifiable reason for any of this.  No one.

JoAnne

Just in from the ARDC–a Motion to Strike the depositions of the Fab-4

For those of you that have read through the depositions of Gloria Sykes, Scott Evans, Yolanda Bakken (age 85 and sister of Mary) and Kathie Bakken, they pretty much directly contradict the Jan 08 2013 complaint filed by the ARDC against me.

So now what do you do when you are faced with an obvious, large inconvenient truth?

A MOTION TO STRIKE!

I have never seen anyone use Motions to Strike as much as the ARDC does.  They don’t seem to find it necessary or convenient to argue the truth, the case law, the facts.  They just want to strike it all.

See below:

ARDC Motion to Strike Depositions of Gloria Sykes, Scott Evans, Kathie Bakken and Yolanda Bakken 091313

So what are they afraid of?  The truth?

How is it that it has been many, many long months since this first began, and it ended up I had to prove the truth of what this blog is all about.  And you will note that the ARDC does NOT deny that this is the  truth.  They just want it stricken.

Paragraph 8 becomes utterly hilarious when you combine it with THE TRUTH” was filed with the intention to harass, cause unnecessary delay and needlessly increase the cost of litigation”.

Yes, apparently THE TRUTH is what harasses the ARDC, delays them (what, to cover up corruption?) and needlessly increases the cost of their litigation.  Such a shame.

I’ll say it again (it was Kathie who posted it first on Facebook), “if something can be destroyed by truth, then it deserves to be destroyed by the truth.”  Carl Sagan.

And if anyone can possibly explain all of this to me, you are cordially invited to do so.

SO has been very busy working hard to cover up all the excreta leeching out of court room 1804.  Now it’s been splattered all over the internet.

Definition of Corruption:  Deviation from a law, moral or ideal.

JoAnne

A Reminder: It’s not about me or Ken…. it’s about those too elderly, debilitated, to speak for themselves.

From: kenneth ditkowsky
Sent: Sep 12, 2013 5:30 PM
To: “illinois.ardc@gmail.com”
Subject: ‘elder cleansing’ – safe harbor opportunity

If If the IARDC is to give the impression that it has even a vague interest in protecting the public it ought to be leading the fight to obtain compliance with 755 ILCS 5/11a -10.    This statute is the core of the Illinois legislative protection for elders to avoid being railroaded into guardianship and stripped of their liberty and property rights.  As Ms. Denison, Ms. Sykes, Mr. Cooper, Mr. Wyman and dozens of others have reported to you, even though this statute is jurisdictional it has been almost totally ignored by our miscreant friends.  This is a fact, whether Mr. Stern, Ms. Farenga, Ms. Solo, or Mr. Schmiedel agrees or not. The Sykes transcript stands in stark rebuttal to the IARDC staff and the miscreants assertions.
That said, by a separate cover I sent you a copy of CCP 0201A.   That is the summons that is used in the guardianship matters.   Take a look at it!   Now read 755 ILCS 5/11a – 10.   The summons does not comply with the statute.   |
Some judges in the Federal Court require prior to filing a FRCP 11 motion that a ‘safe harbor’ letter be sent so that errors can be corrected.   I did this with Stern and Farenga and these letters were part of your complaint against me.  Oh well?   Every good deed is properly punished!  It is a foregone conclusion that with the current US Supreme Court decisions and any level playing field the Supreme court of Illinois is going to vindicate both JoAnne and myself.
This matter however is not about me or JoAnne – it is about avarice, corruption or arrogance by the miscreants that separates hundreds of senior citizens and disabled people wrongfully from their liberty and property.   I am writing you to solicit your help in restoring to the victims of ‘elder cleansing’ (both past, present, and future) their rights.
Ms. Denison and I rationalize that if we can obtain the ARDC’s suggestion to the Honorable D. Brown to comply with 11a – 10 in the printing of the summons as early as tomorrow we will make ‘elder cleansing’ a bit more difficult.  The delegation to the ARDC is to protect the public from the miscreants in the legal profession – not aid and abet miscreant issues.
It is not too late to re-mediate the wrongs that were done to Mary Sykes and Mr. Rotheimer.   The miscreants have not accomplished the final solution.  It would be fitting for the IARDC to on the day of Atonement to make a giant step to help Gloria Sykes, Denise Rotheimer, Bev Cooper, the two Marys, John Wyman, JoAnne Denison and the hundreds of tireless and selfless ‘good people’ working to protect the Rights of the elderly and the disabled.  The effort may be token, but, Mary Sykes and those persons similarly situated deserve to have their government come to their aid to protect them against the miscreants who would pull the victims teeth to obtain the tiny bit of gold in the fillings!
We need an HONEST complete and comprehensive investigation of the Sykes case and the related ‘elder cleansing cases.   Time is short for many of the victims –
Happy Jewish New year!  Free Mary Sykes, Mr. Rotheimer, and all those poor people who have one or more of the miscreants in their future!
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

From Ken Ditkowsky today–let’s keep up the pressure TO DO THE RIGHT THING! STOP ALL GAG ORDERS IN PROBATE!

  Law  Offices

KENNETH  DITKOWSKY
5940  W.  Touhy,  Suite   230  
Niles ,  IL   60714
(847)  600-3421  Telephone
(847)  600-3425  Fax
 
 
 September 12, 2013
 
 
Honorable Mark Kirk, United States Senator
219 South Dearborn
Chicago, Illinois
 
Re:  Elder Cleansing and the Assault on the First Amendment
Dear Senator Kirk,
As a reminder of the terrorist attack on the World Trade Center I received a contact from a young woman who was concerned because a ‘guardian’ appointed to act pursuant to 755 ILCS 5/11a -3 had gone ex-parte into Court to attempt to silence her.   The petition filed has been sent to your office by e-mail.   The ex-parte petition is reminiscent of something that could be used in the North Korean or Russian Courts, but not in America.    The Court appointed guardian sought to enjoin (by a protective order) the young woman from holding a ‘press conference!’   
 
The Mary Sykes case and related cases are similarly classic examples of repression, kidnapping, exploitation, isolation and abuse of the elderly.   Sykes is a classic.   The Alice Gore case is just obscene in that after looting the estate of 1.5 million dollars the miscreants removed Alice’s teeth to salvage the gold in her fillings.   Wyman can be characterized as a way to remove by elder cleansing a troublesome wife.  Rotheimer is an attempt at garnering a new record low in morality.  
 
I make no secret of the fact that I am aggrieved by Mr. J. Larkin attempting to silence Ms. Denison and me with meritless ethics complaints.   The corruption of Mr. Larkin, the ARDC, and the court is disgusting.    Everyone knows as an example that the jurisdictional criterion of 755 ILCS 5/11a et al was not complied with and it is an open secret that the ARDC is protecting the miscreants who have openly and notoriously separated Mary Sykes from her liberty and more than a million dollars in property.   Indeed, it is no secret that official sympathy is with the miscreants.    Indeed, Ms. Cynthia Farenga wrote to an ARDC attorney questioning the existence of a million dollars in gold coins.   Attorney Farenga reasoned that the coins could not exist as here they were out in the open and Ms. Gloria Sykes had not stolen them!   Somehow the fact that the plenary guardian has not denied that she without permission entered the safety deposit box and removed the million dollars in gold coins was lost in the ‘avarice tainted’ reasoning of Ms. Farenga.    
 
All of the foregoing is ‘old hat!’    It is important ‘old hat’ and should be the subject of a ‘grand jury’ investigation.
 
In Chicago, suing City Hall has proven historically to be unproductive.   No one listens and if you speak out or defend yourself you are the ‘bad guy’ and ****.     Exhibit 1 is the ARDC complaint against me and the clairvoyant assertion (without a scintilla of proof) that statutory protections are waived because certain hearing officers had a dream that two elderly sisters of Mary Sykes knew at some point in time that Mary had been railroaded.    The presiding judge in her deposition pointed out that ‘she would reach the same conclusion’ even if Mary’s sisters had been given the ‘due process’ notices required by Statute.    (I’ve previously forwarded the transcript).     Simply put, just like the Russian Gulags ‘elder cleansing’ is a forgone conclusion.    Legislation exists to be ignored and to aid and abet the ‘elder cleansing.’   
 
The recent ex-parte assault on the First Amendment in the Rotheimer case is part of the MO of elder cleansing and so common that it raised nary and eyebrow!    Indeed, coupled with the attempt by Mr. Larkin and the ARDC to silence attorneys who speak out concerning corruption in the Circuit Court it is safe to say – “who cares?”  
 
For the record – I care.    I care enough to write hundreds of e-mails and letters protesting and care enough to call your attention to the fact that so pervasive is the ‘cottage industry’ that even the ‘Clerk of the Court’ thumbs her nose at ‘due process’ and the legislative mandates.   Please read 755 ILCS 5/11a -10.     In particular, read the following words and phrases, to wit:
 
“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****”   755 Ill. Comp. Stat. Ann. 5/11a-10 (West)
 
            This morning I went to the clerk’s office and requested a copy of the summons.  (You can obtain it on-line, and it is identical).    For CCP 0201 A is attached as exhibit 1.    Most interesting is the fact that so entrenched in the Probate Court proceedings is ‘corruption’ that the proper forms are not provided by the Court.    If you use the forms provided by the Court you do not comply the jurisdictional aspect of 11a – 10.    Of course,  Mr. Larkin and his staff,  the dozens of guardian ad litem, guardians, lawyers and judges are were amazingly silent as to the fact that the Summons did not comply with the Statute, just as they were prior to the decision in the Sodini case being raised.[1]
 
            As it is rare that 11a – 10 is complied with, what the form summons connotes is not really relevant.  (See Judge Connor’s evidence deposition).   Complaints are muted as Mr. Larkin and the ARDC act in concert with the miscreant, therefore a closed circle exists.   Only a fool like the undersigned would insist on his/her First Amendment Rights when Mr. Larkin owns the mechanism to pull an attorney’s license.  (Does this remind you of Greylord?) .    This ‘fool’ this morning went to the Probate Clerk’s office (and the clerk’s website) and pulled for CCP 0201A.     It does not even make an effort to comply with the statutory mandate!    A copy of CCP 0201A is attached as exhibit 1 so that you can examine it yourself.
 
            For Mr. Larkin’s benefit, I am not repentant for writing this letter to you and more than I was repentant for my exercise of my First Amendment Right in writing to the Attorney General of the United States.    The issue herein is not me!    The issue is the fact that we are witnessing the three stages of ‘elder cleansing[2] .’   1) Garner a senior citizen into bondage, 2) sequester his/her assets, and 3) destroy his/her will to live by isolation and heavy doses of drugs.    The senior dies when convenient and is quickly cremated.    
 
            I’ve respectfully requested and continue to request an HONEST complete and comprehensive investigation by Federal Authorities of this entire pernicious situation.   As we do not live either in Russia or North Korea there is no reason why senior citizens should live in fear.    There is no reason that Attorneys should not enjoy equal protection of the law and the First Amendment  and there is no reason that I should not exercise the said right in public open and notoriously.     No public official has the right or the jurisdiction to impede political or content related speech.  (See 42 USCA 1983)
 
  Sincerely,
Ken  Ditkowsky
 
KKD
Cc:    Mr. J. Larkin, Attorney Registration an
 
[1] The only explanation for this problem is that ‘elder cleansing’ is so embodied in the fabric of the Probate Division that the ‘law be damned!’    There are senior citizens out there to be exploited!    It is very difficult to forget the fact that Adam Stern called my office and threatened me in an attempt to thwart my desire to do a FRCP 11 investigation prior to accepting an assignment offered me by the Friends and family of Mary Sykes.  
[2] Elder cleansing is a form of human trafficking and the sister of ‘racial cleansing’ and ‘ethnic cleansing’   
 
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

 

My comments:

 

I for one would like to know why the Cook County form is not compliant with the Illinois Probate Act statute in that it is NOT in large bold type, easy for a senior to read and study?

 

How does that happen?

 

The best attorneys I know reprint the form when involved in a probate case, and put it in large, 14 or 16 point bolded font.

 

Who does this to seniors?

Medicare cuts to Highly Profitable “advantage” type programs have taken effect

While one recent client has divulged to me the fact that “Medicare Advantage” programs have operated at high profitability levels, while engaging in many shennanigans of cutting services, denying claims arbitrarily, etc., the below article explains much more.

http://www.publicintegrity.org/2013/03/11/12288/opinion-taking-advantage-medicare-advantage

If you know of a senior enrolled in one of these programs you might want to think again.  I have already published news stories on these companies denying claims unfairly (woman with broken back story), and I hope to publish a new complaint soon with permission of the client.

Bush, during his term in office, started these programs because he said he wanted to “shift them to the private sector” and away from government.  So he offered lucrative incentives.  Those are still there and the insurance companies have profited at outstanding rates of return.  Problem is, from the article and many stories, they don’t do as good of a job.

 

From Atty Ken Ditkowsky, a Statutory Cheat Sheet

See below:

Statutory criterion
I. Basis for appointing a Guardian or declaring a person in need:
1. Demonstration of need for Guardian;
a. 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, 755
Ill. Comp. Stat. Ann. 5/11a-3 (West)
b. 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 755 Ill.
Comp. Stat. Ann. 5/11a-3 (West)
2. Venue: Venue. If the alleged ward is a resident of this State, the proceeding shall
be instituted in the court of the county in which he resides. 755 Ill. Comp. Stat.
Ann. 5/11a-7 (West)
3. Petition: The petition for adjudication of disability and for the appointment of a
guardian of the estate or the person or both of an alleged disabled person must state,
if known or reasonably ascertainable: (a) the relationship and interest of the petitioner
to the respondent; (b) the name, date of birth, and place of residence of the
respondent; (c) the reasons for the guardianship; (d) the name and post office address
of the respondent’s guardian, if any, or of the respondent’s agent or agents appointed
under the Illinois Power of Attorney Act,1 if any; (e) the name and post office
addresses of the nearest relatives of the respondent in the following order: (1) the
spouse and adult children, parents and adult brothers and sisters, if any; if none, (2)
nearest adult kindred known to the petitioner; (f) the name and address of the person
with whom or the facility in which the respondent is residing; (g) the approximate
value of the personal and real estate; (h) the amount of the anticipated annual gross
income and other receipts; (i) the name, post office address and in case of an
individual, the age, relationship to the respondent and occupation of the proposed
guardian 755 Ill. Comp. Stat. Ann. 5/11a-8 (West)
4. Procedure: 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, 55 Ill. Comp. Stat. Ann.
5/11a-10 (West)
5. Payment of Fees: “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 755 Ill. Comp. Stat. Ann. 5/11a-10 (West)
Illinois Statutory PlanPage 1
2. Right of alleged disabled person to trial.
Respondent is entitled to be represented by counsel, to demand a jury of 6 persons,
to present evidence, and to confront and cross-examine all witnesses. The hearing
may be closed to the public on request of the respondent, the guardian ad litem, or
appointed or other counsel for the respondent. Unless excused by the court upon a
showing that the respondent refuses to be present or will suffer harm if required to attend,
the respondent shall be present at the hearing. 755 Ill. Comp. Stat. Ann. 5/11a-11 (West)
Right to Counsel “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. 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. “ 755 Ill. Comp. Stat. Ann. 5/11a-10
(West)
3. Criterion for the form of Summons
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: 755 Ill. Comp. Stat. Ann. 5/11a-10 (West)
4. Utilization of the Statutory authority..
(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. 755 Ill. Comp. Stat. Ann.
5/11a-3 (West)
5. Right to Counsel:
Illinois Statutory PlanPage 2
“(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. 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.” 755 Ill. Comp. Stat. Ann. 5/11a-10 (West)
6. Appointment Temporary and Notice to the disabled person.
§ 11a-19. Notice of right to seek modification. At the time of the appointment of a
guardian the court shall inform the ward of his right under Section 11a-20 to petition for
termination of adjudication of disability, revocation of the letters of guardianship of the
estate or person, or both, or modification of the duties of the guardian and shall give the
ward a written statement explaining this right and the procedures for petitioning the
court. The notice shall be in large, bold type and shall be in a format similar to the
notice of rights required under subsection (e) of Section 11a-10 of this Act. 755 Ill.
Comp. Stat. Ann. 5/11a-19 (West)
7. Service of Summons on the alleged disabled person1:
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
1 Paragraph 11a- 10 also requires the following warning, to with:
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. 755 Ill. Comp. Stat. Ann. 5/11a-10 (West)
Illinois Statutory PlanPage 3
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 crossexamine
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.
8. Sodini Notices2:
(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 Ill. Comp. Stat. Ann. 5/11a-10 (West)
2 The court acquires jurisdiction over the allegedly disabled person by personal service upon him of a copy of the
petition and summons not less than 14 days before the hearing. (Ill.Rev.Stat.1989, ch. 110½, par. 11a–10(e); see
McCormick v. Blaine (1931), 345 Ill. 461, 178 N.E. 195.) It is also a jurisdictional requirement that the petitioner
give notice of the time and place of the hearing by mail or in person to the nearest living relatives of the allegedly
disabled person not less than 14 days before the hearing. Ill.Rev.Stat.1989, ch. 110½, par. 11a–10(f); see In re
Guardianship of Sodini (1988), 172 Ill.App.3d 1055, 123 Ill.Dec. 67, 527 N.E.2d 530. In re Estate of Steinfeld, 158
Ill. 2d 1, 13, 630 N.E.2d 801, 807 (1994)
Illinois Statutory PlanPage 4

His comments:

created this ‘cheat sheet’ so that the exact words of the statute were available in one simple form and an easy reference would exist.

The object of my quest is to get a groundswell going to induce the Courts to do exactly what the legislature intended.   Such a scenario would be very inconvenient and eliminate the conspiracy and alliance of certain miscreants on the ‘good will’ of certain people willing to prostitute themselves on the ‘cross’ of ‘elder cleansing.’  The tragic situation is that the Illinois Legislature outdid themselves and produced something that we can be proud of.    unfortunately, as so often occurs the miscreants amongst us ignored the wise words of the statute and placed our senior citizens in reasonable fear of bondage, deprivation of liberty and property rights.   Indeed, until law enforcement acts every senior citizen has to fear that he has one of the miscreants in his/her future.
The human trafficking that Denise, Gloria Sykes, John Wyman, Bev Cooper, et al have been fighting is unfortunately so lucrative that progress has been very slow.
When this case is tied to the Estate of Lieberman 391 Ill App3d 883 the perfidy is crystallized.   The ‘sellout’ of the public interest by the elder cleansers if complete and total.   Any attorney who complains does so at the risk of his license and a meritless proceeding before the Illinois Attorney Registration and Discipline Commission claiming that they, rather than the Supreme Court make the rule of law.   So pernicious is the effort that an IARDC attorney had the temerity to ask me on cross examination if I was repentant for complaining of the activities of GALs AS, CF, PS and some other illuminates to the Justice Department and in particular Mr. Holder.
As you can see – I am not going to give up my First Amendment Rights.
Ken Ditkowsky

www.ditkowskylawoffice.com

Atty Ken Ditkowsy is invited to speak at a press conference on probate cases

and tell the whole story of just how probate works.

One recent comment made to me by a blog fan was that “the Probate courts are no longer operating as court systems where justice is listened to and enacted.  Rather, they have become “business dealing” fora where connected and favored attorneys and judges come together to “conduct business” behind closed doors and with “secret files and documents.”  Juicy estates are handled by the “proper judges” who control campaign funds.  These favored judges then hand out “the legal business” to well connected attorneys who put them in their position and keep them there and keep the political system running efficiently.  This analysis was stated to me by someone who has been heavily involved and studied “the system” in this state and others for many long years hearing hundreds and hundreds of complaints!

This all creates the dichotomy we see in “the business” of probate court.  Sykes is ignored, no one cares that Alice Gore’s teeth were pulled when she was isolated for 6 months at age 99, no one cares that Mary Sykes was last seen with filthy teeth and pyrrohea (which is life threatening) and she didn’t have her partial in.  In public, in the late afternoon, she was toothless in front.

No wonder why after talking to Adam Stern all video and pics had to be deleted under threat of arrest and no wonder why Commander Krammerer never responded to my emails and faxes!

The Naperville Police department clearly steps and fetches for the political elite.

Gloria’s complaints of Elder Abuse were deemed unfounded, even when there were 4 witnesses.

I would like to hear from the Naperville police, but after a couple of faxes/emails, I will drop it because the ARDC will ask me if I’m sorry I asked them to do their jobs and ignored abuse and the violation of constitutional rights to myself, Gloria and Scott Evans, a close family friend.  The ARDC will then ignore the fact that Mary was in a nursing home and wanted to go home and that was not reported to the court, that CT caused her physical pain and acted (per her usual) with lack of sympathy, compassion or feeling near Mary, that Mary’s teeth were filthy, that she had no partial in place, that she wanted to be with Gloria and CT screamed out “NEVER!” to her.  How cruel can a situation get?

I hope to see Mary because I care about her, but PS won’t return my emails. I have visited nursing homes for years and played music to the elderly.

The lies march on and on.

See below, and if anyone can, please write letters and fax the Naperville police department, the ARDC and demand the justice these seniors deserve.

JoAnne

From: kenneth ditkowsky
Sent: Sep 10, 2013 11:30 AM
To: Denise R
Cc: “matt_abbott@kirk.senate.gov” , Eric Holder , Cook County States Attorney , “civilrights.cv@ic.fbi.gov” , “tips@tribune.com” , SUNTIMES , “60m@cbsnews.com” <60m@cbsnews.com>, j ditkowsky , Harry Heckert , NASGA , probate sharks , “illinois.ardc@gmail.com” , “IllinoisLawyerNow@isba.org” , JoAnne Denison , Cook County States Attorney , “civilrights.cv@ic.fbi.gov”
Subject: Re: Stop Guardian Abuse Press Conference 9-11-13 @6p

Ms. Rothemier,
Your telephone call to me informing me that the guardian is reputed to have gone into Court to try to stop you from holding a ‘press conference’ and discussing openly the guardianship abuse situation is absolutely outrageous.   I’ve copied law enforcement to alert them to another incident of patent ‘civil rights’ violations attempted under ‘color of statute.’   I’ve also copied the IARDC as it is a criminal act to violate a citizen’s ‘civil rights’ and even a pre-teen seeking to enter high school is aware that speech such as you are engaging in is protected and prior censorship has been prohibited since the United States Supreme Court entered it order in Near vs. Minn.   Thus any attorney who participates in such conduct has not only violated his/her attorney oath, but is also culpable.   (rule 137 prohibits and attorney from filing meritless motions)
As I understand it, the Court did not enter any order and therefore, the threat that you received is ‘naked!’   The threat can therefore be ignored.   Had an order of Court been entered, it would be void, as the First Amendment bars even the Courts from issuing ad hoc restraints on First Amendment Rights as to people not before the Court.   The advice that I and other lawyers routinely give is to obey even void court orders.
That is not to say that the incident and the threat is not serious.   It is serious because whomever went to Court to attempt to prevent you from having a ‘press conference’ demonstrated a total disregard for the Rule of Law and even more seriously believed that he/she had such influence with the Court that the Court would violate its oath and enter an order that it lack jurisdiction to enter.
This all is consistent with the ‘elder cleansing’ scenario and the perceived corruption that so many citizens have written to the IARDC, law enforcement, and their elected representatives concerning.   Terrorist assaults are predicted for 9/11, but who thought that our home-grown variety would promulgate an assault on the Constitution on the anniversary of the destruction of the ‘twin towers!’   ‘BIRDS OF A FEATHER!’
As you can see I have notified law enforcement of this latest assault on the Constitution.   I believe one or more lawyers are active in this attempted criminal usage of ‘color of statute’ to deprive a citizen of her First Amendment Right.   I therefore have copied the IARDC so that they have an opportunity to investigate and do something to protect the public!  For the record, the IARDC is supposed to protect the public from acts by lawyers that are detrimental to the public.   As Freedom of Speech is a ‘core value’ the alleged attempt to prevent you from exercizing your First Amendment Rights is reprehensible.   Yours, mine, and those of every other person in the United States of America RIGHT TO SPEAK OUT AND BE HEARD AS TO ANY CONTENT RELATED (OR POLITICAL UTTERANCE should be zealously protected by law enforcement, OUR ELECTED OFFICIALS and the IARDC.
(see 42 USCA 1983)
Ken Ditkowsky

 

 

From Gloria Sykes, a probate victim…agreement with Ken’s Letter to ABA

Dear ****,

I found this letter to the American Bar Association to ‘say it all’ as a look into not just the Mary G. Sykes case, but an overall as to what appears to be a cancer in America with attorneys now losing their law licenses because they speak out about the injustices or lawlessness of many of our courts that operate under statutes–mandateswhich legislation has determined are the laws upon which a court(s) acquired jurisdiction over a subject and person. This lawlessness is rampant in America, ****.. and sadly, attorneys who are standing up and saying, “No” — on blogs or writing letters to the agencies who, should investigate and stop the lawlessness — are being disbarred by government agencies set up to protect you, me and all citizens from lawyers, that include judges, of violations of the Professional Codes of Ethics.

The subsequent ’emotional water-boarding’ that has done irreversible and unrepairable damage to, the elderly like my mother, Mary G. Sykes, the disabled, and to all people who attempt to expose the lawlessness, save the elderly or disabled persons’ life, or even as in this case, ask for an honest investigation or blog the facts, are threatened or are disbarred,  sanctioned, denied access to the courts, or as in my case, my assets frozen then seized, all of my intellectual property, and valuables stolen, destroyed and/or discarded, my home put up for sale, and all my motions and appeals dismissed, without cause. Further, ****, the goal is to tire us out and shut us up so the cottage industry can continue to thrive.  Guardianship abuses of the elderly and disabled are as rampant as the stories and written below.

Please publish on your **** website and maybe, just maybe, it will encourage you to do the honest, thorough investigation and report the facts —

Thank you.  See below.

Gloria Jean Sykes 
Bon Ami Productions, Inc. 
BELIEVE (BeLive) LLC

From Ken Ditkowsky – a letter to the ABA on the Sykes case

September 4, 2013
American Bar Association
Committee on Civil Rights
321 North Clark Street
Chicago, IL  60654-7598
Re:   The growing scandal of ‘elder cleansing’ and the campaign to deny lawyers First Amendment Rights.
Dear Sirs,
Lawyers are being intimidated and denied their civil rights when they are faced with the situation of objecting to guardianships imposed on senior citizens that are essentially death sentences for the affected seniors[1].  The Mary Sykes case 09 P 4585 pending in the Circuit Court of Cook County is a poster board case and an example of every act of impropriety that you can imagine befalling a victim of ‘elder cleansing.’  Unfortunately, Mary Sykes is one of many that are pending nationwide.
Illinois has a terrific law that addresses the issue of guardianship, 755 ILCS 5/11a – 1 et seq.  This law provides protection, supervision, and more protection for the alleged disabled person.  The only problem with the law that lawyers can complain concerning is that it (755 ILCS 5/11a – 1 et seq) is ignored.  In Sykes 1) the petition filed to institute proceedings is defective – it fails to disclose all the required information; 2) the venue is defective – Mary resides in DuPage – not Cook County; 3) the Sheriff reports that he has no record of Service of summons being had on Mary; 4) the protections of 11a -10(f) i.e. giving 14 days prior notice to close relatives was not provided.  5) Mary was denied an attorney, denied a jury trial, Mary was never proved to be incompetent by clear and convincing evidence and was denied every right determined necessary by the legislature, including that Mary had pending a verified petition for an order of protection against the very person that was appointed as her guardian.  Sodini 172 Ill App3d 1055,  Steinfeld 158 Il2d 1.
Outraged neighbors, family friends and relatives became frustrated that they could not reverse the “railroading of Mary” – who they believed was not incompetent.  The family and friends then engaged me to look into the problem.  I started my inquiry and then received a threatening telephone call from one of the two guardian ad litem.  The GAL threatened me that if I continued my investigation I would be sanctioned by the court.  As I had not submitted myself to the Court, I was not concerned.  I also do not take kindly to threats!    No matter, the attorney for the guardian also added a threat and they filed a meritless Rule 137 petition against me knowing that the Court lacked jurisdiction .
The threat resulted in sanctions being assessed against me in an amount of approximately $5000.00.  As the Court had no jurisdiction, I accepted the sanction and to the disgust of the Judge, and the ‘judicial officials’ (including an attorney at the IARDC), I filed a successful appeal.  The Guardian ad litem described the vacation and dismissal of the non-jurisdictional sanctions to be a “technicality”.
The IARDC got into the picture and I am being accused of conduct unbecoming a lawyer. My crime is not attorning to the ‘cottage industry’ of ‘elder cleansing.’  Apparently the IARDC does not believe in the efficacy of the First Amendment.  To my utter surprise and dismay I discovered that not only am I not alone in this assault on the First Amendment, but, dozens of lawyers are routinely being intimidated into silence. If the intimidation is not successful, the lawyers are then subjected to possible loss of license and/or suspensions.
To illustrate the obscenity, I am certain that every lawyer in the American Bar Association (except those in the employ of some the State attorney regulatory agencies) has read the First Amendment, and is aware that one of the key protective acts is the right to complain to law enforcement.  At my hearing board proceedings a lawyer for the IARDC wandered over to me on cross examination and asked me if I was repentant for writing a letter to the Attorney General of the United States.  The gross lack of understanding of the ‘core values’ of America shocked me and the gallery of several dozen people who came to watch and lend support to me as I attempted to explain that ‘lawyers are also citizens of the United States of America.     Most just of the onlookers shook their heads and remembered that in Greylord 15 judges went to jail and dozens suddenly retired.
Cutting legal hairs is non-productive; however, from time to time it has to be done.  The Organized Bar should be addressing the issue of Attorney Civil Rights rather than sitting back and watching Lawyers being harassed and intimidated for protecting the rights of senior citizens.  I from time to time copy the Illinois Bar Association as to my protests as I have paid dues for fifty some years and it appears that all the Bar does is pose for pictures, and avoid issues that affect the ability of their members to adequately and properly serve the community.  The American Bar has demonstrated a similar disinterest and I am hoping that before we lose our civil and human rights the Lawyers’ Associations like the American Bar Association and the Illinois Bar Association will act to require those who seek to regulate us have at least the degree of understanding of the Constitution that the preteens of Illinois must demonstrate to obtain admission into high school.
Allowing attorneys to be intimidated by miscreants and sit quietly as ‘elder cleansing’ is protected by lawyer regulators is not in the best interests of anyone.  The regulator’s jurisdiction is a delegation from the Supreme Court of the State.  It is not a ‘Devine right!’  If the State does not have the right to censor the speech of a citizen (including a lawyer) the delegation of authority is absent in the regulator.  The recent Supreme Court of the United States cases are clear in pointing out they protections of the First Amendment for everyone.   See: Brown 131 S. Ct 2729, Snyder v Phelps 131 S. Ct 1207, Alvarez 132 S. Ct 2537, Citizen United 558 US 320.
We all know that every administrative body has a tendency to attempt to augment its authority.  We laugh it off when it does not affect us with:  “government cannot plan and execute a one car funeral”   Unfortunately, Power corrupts and the greater the power the greater the corruption.  The First Amendment has not been amended to eliminate the rights of attorneys to protection, nor is there a single appropriate distinction that can bar an attorney from exercising his total privileges and immunities under the Bill of Rights.
Mesibov vs Allan[2]  411 F 3d 712 addresses the issue of what happens when people walk into a courtroom.  Can a court punish a lawyer for referring to the Judge, or his opponent in a derogatory manner?  Indeed, it is well recognized that it can.  How then is this squared with the First Amendment?  The First Amendment does not create extreme rights.  For instance, it does not give the right to cry ‘fire’ in a crowded movie theatre.  Nor does the First Amendment give the right act crude, rude, or abusive in a courtroom.  The Judge has a duty to keep order and to provide an orderly forum for the resolution of disputes.
The Mezibov case deals with a prosecutor retaliating against an attorney for the attorney exercising his first Amendment Rights.   In reaching its decision the Court does not consider is the fact that the First Amendment is a two way street.   It appropriately choses to focus on Mr. Mezibov’s claim and therefore it ignores that fact that the prosecutor’s (Mr. Allan) statements were protected under the First Amendment.  That said, the prosecutor’s statements – while trite and stupid – were statements that made Mr. Mezibov subject to ridicule.  The issue presented was not whether the prosecutor defamed Mezibov, but where he committed a civil rights violation in defaming Mezibov.  Mezibov brought his action under 42 USCA 1983 as the prosecutor never stepped out of his public persona.  The Court considered the action in that manner and ruled that the Court proceeding obviated any First Amendment protection – in this limited instance.
What the Mezibov Court did was explore the dichotomy of relationships and point out that in the limited specter of the courtroom – like the deck of a ship – the Judge is King.  As the Judge is King no one else has any rights and the Judge takes complete charge.  Thus, there is no Bill of Rights for anyone.   Thus, the Court craved the familiar niche into the law that allows a Judge to issue a ‘gag order’ or punish a person in his Courtroom for contempt.     If the judge reacts badly, the Court of Appeals provides a remedy.
HOWEVER, the Mezibov Court and the Supreme Court of the United States Supreme Court are both very careful to make it completely certain that except for this exception the First Amendment is alive and well.    The Courts do not delegate any jurisdiction to the Bar regulators by these said decisions, but merely mark out certain exceptions to Constitutional protections[3].  Thus, I and every other lawyer is free to be critical of any public official, judicial official, IARDC official etc. at any time and place that I desire with few if any limitations.  THIS IS WHAT THE FIRST AMENDMENT SAYS.
There is no general delegation to the IARDC or anyone else to regulate the words that I say!  As a citizen who has a law degree no one can censor any statement I make no matter how outrageous, stupid, or embarrassing.  Indeed, I can be critical of Mr. Larkin, Judge Connors, Judge Stuart, Adam Stern, Cynthia Farenga, Peter Schmiedel, Gloria Sykes, etc.  Just to illustrate, I can even make jokes about each of them.  That is my FIRST AMENDMENT RIGHT. Article 1 of the Illinois Constitution affirms this right.  The Bivens type cases (directed at Federal officials), makes it clear that America has no second class citizens.
The Supreme Court of Illinois does not have the right to examine and determine that an Illinois citizen (including a member of the Court) does not have the right to be critical of Mr. Larkin, Judge Connors etcIt is not an ethical violation for, a judge, or even a lowly lawyer to be critical of members of the judiciary, the legislature, the executive branch etc.  The First Amendment even allows ordinary citizens and lowly lawyers to publicly state that a Judge is dishonest.  Indeed, I have an absolute right to write Attorney General Holder and complain that Mary Sykes’ liberty and property were taken from her.  I can further complain that a Judge did nothing when Alice Gore’s fillings were removed so that a Court appointed guardian could retrieve the gold therein. (which was not inventoried).  Indeed, I can even complain about the conditions that Ms. Wyman was held under.  These conditions resulted in her being sexually assaulted.
The importance of the Mezibov case is the fact that it unmasked the intellectual dishonesty that is so clear in the State regulatory scheme that attorneys have to live with because their Bar Associations are impotent or uncaring.  The Illinois Attorney Registration and Disciplinary Commission and its director, Mr. Larkin full well know that they have no jurisdiction to prosecute attorneys for exercising their First Amendment Rights. – His delegation is to regulate actions such as dishonesty.  A lawyer who bribes a judge falls within Mr. Larkin’s jurisdiction – not the lawyer who reports the bribe to law enforcement.    Quite frankly, until I became acquainted with ‘elder cleanings’ it never occurred to me that requesting law enforcement to do an HONEST complete and comprehensive investigation would be considered to be an offense for which I could lose my license.
This in a nutshell is the problem.  My First Amendment Right allows me to say to my Bar Association that I am aggrieved that Mr. Larkin is disinterested in criminal actions of certain lawyers and judges who have clout and use the same to deprive a senior citizen of her liberty and property.    My said First Amendment Right  further gives me the absolute right to complain that Mr. Larkin (IARDC) is interested in silencing the report of lawyers to law enforcement who in good conscience are sickened by such avarice[4].
We pay dues to the Bar Associations to not play dead when lawyer rights are at stake, but, to stand up and be counted when an organization or organ of the State imposes a gulag, National Socialist principles, et al on legal practitioners and members of the Bar.  It is too bad when the peon members of the Bar Association have to nod their heads when a lay person says: “what do you call it when a busload of lawyers drowns in the river?” “A good start!”
Members of the Bar in Arizona, California, Indiana, Ohio, Illinois and many other states are being intimidated.  Most are afraid to speak their minds and have to deal with in addition to ‘elder cleansing,’ biased judges who will not recuse themselves, corrupt judges who everyone knows are wired but are afraid to speak out, etc.  The State Bar regulators, like Mr. Larkin have taken it upon themselves to attempt to silence dissent and cries to law enforcement.  This ‘ethical cleansing’ is going to either destroy any confidence in the judicial system or bring disgrace to the entire bar.
The Ten Commandments, which were the basis of law, have been removed from the house of the Law (the courthouse).  Many of us (including the undersigned) believe that indeed the Ten Commandments created a hostile work environment for the lawyers and judges.
Where does the legal community and American Bar Association stand?
Yours very truly,
Kenneth Ditkowsky
KKD/djm
cc:    Illinois Bar Association, Illinois Attorney Registration and Discipline Commission.


[1] While 11a – 3 of the act provides that the act is to be used only to provide a senior with the help that he or she required, an examination of the Court record reveals that the appointment of a guardianship is a loss of all liberty and property rights.    The effect is a ‘death sentence!’
[2] The Supreme Court of the United States in adopting the Justice Black/Justice Douglas criterion to the enforcement of the First Amendment has blurred the distinctions that Bar groups have made to justify reining in ‘radical lawyers’ and lawyers who are active in opposing ‘racial cleansing,’ ‘ethnic cleansing,’ and other forms of social change abhorred by the ‘status quo.’
[3] In a lawyer’s home, when confronted by an irate teenager concerning some parental inconsistency the Bill of Rights is irrelevant.     The First Amendment is a limitation on STATE POWER in just about every circumstance.   There is no delegation to the Judiciary, the Executive, or the Legislative branches to determine that a lawyer cannot speak on the subject of x, y, or z.
[4] Elder cleansing is a three step process.   Step one is to railroad a disabled person into a guardianship.   Step two is to allow the guardian to ravage the assets of the ward.   Step three is the ‘death of the ward.’    Dozens of affected citizens have written to their elected representatives, Mr. Larkin at the IARDC, the ACLU, and anyone who would listen.    Blogs broadcast on a daily basis the atrocities; however, the only visible action is the ARDC and similar entities attempting to intimidate and silence the lawyers who speak out.   Ever statutory protections such as 47 USCA 230 do not deter the lawyer regulators.
Ken Ditkowsky

 

Gloria asks today, where is justice for her and her mother?

From: GLORIA Jean SYKES
Sent: Aug 30, 2013 10:46 AM
To: “kenditkowsky@yahoo.com” , YJ Draiman
Cc: NASGA , LUCIUS VERENUS , “joanne@denisonlaw.com” , “IllinoisLawyerNow@isba.org” , “illinois.ardc@gmail.com” , “janet_c_phelan@yahoo.com” , “k_bakken@att.net”
Subject: RE: Moral Punishment for a Moral Failure?

Dear Mr. Draiman, Gov. to be of California

I lived in Los Angeles for at least 25 years before returning to Chicago when my daddy was diagnosed with a rare Melanoma: he was a healthy, mentally sharp, active 90-year old, long retired from the CPD who, not only invested his life savings in gold and silver coins, and in real estate, but also made certain that his wife, my Mother, Mary G. Sykes, would never be without the finances to live a full, unencumbered, long, healthy productive lives.  Carolyn Toerpe, my sister, who has been aided by the Cook County Courts to steal, emotionally and physically harm, and otherwise, slowly murder ‘our’ mother, was estranged from the family since and about 1996:  she is the respondent to a protective order authored by my Mother, and many complaints filed against Toerpe by my Mother, as Mother learned Toerpe was not only financially exploiting her, but depriving Mother of her assets.

I on the other hand, worked my entire life, and also generated a nice nest egg for my retirement – beyond what my daddy left me. As I write to you, my sister, Toerpe, has not only pauperized my mother and to do so, isolated her from all people she trusts and loves, including me, but also, pauperized me.  How does this happen that a court lacking subject matter jurisdiction can authorize the seizing of non-party’s assets, and the convert over $200,000 of a medical fund to the name of In the Estate of Mary G. Sykes, and name Toerpe the sole beneficiary?  How is it that a Court lacking jurisdiction can enter an order granting Toerpe possession of Mother’s home in spite of all of he legal documents in place authored by my Mother, and verified by the Courts, seel Mother’s home that is in a living revocable trust?  How is it that a Court that lacks subject matter jurisdiction can collaterally attack a final order in 2013 that was entered in 2008, with a testimony of a physician who had never met or even tested my mother? How is it that Toerpe’s husband Fred Toerpe can beat the crap out of me with witnesses, a police investigation commands a warrant for his arrest and a protective order, and yet the Cook County State’s Attorney protect Fred Toerpe, and has the criminal charges against him dismissed?  How is it that Toepre’s attorneys, the law firm of Fischel and Kahn, (Peter Schmiedel, Deborah Jo Soehlig, Amanda Bryne, et. al), and GAL’s Cynthia Farenga and Adam Stern, can accuse me of stealing $1.3 million dollars from my mother, accuse me of being the physical and emotional abuser of my mother, and LIE to every judge they go before, an the Illinois ARDC sweeps every complaint I and other interested persons write, under the rug, and Mother’s attorney and friend, who Mother requested represent her, be disbarred because he asks for an honest investigation?  How is it that a court lacking subject matter jurisdiction can willy-nilly grant Toerpe an order to sell my home and take all of the equity in the home?  How is it that both my mother and I have been raped by the Courts without due process of law, and not one law enforcement agency gives a damn — and each one believes Toerpe rather than the facts?

This goes beyond moral failure, and is a direct attack on our United States and Illinois Constitutions and all that we as Americans claim we stand for.  This is treason against he Constitution — a sense of a n American Holocaust, or American terrorism — that unless stopped, will cause the annihilation of a generation of people, including the Baby-boom generation, that has established wealth.  This is against all pubic policy set up not just in Illinois, but California, New York, Arizona, et al. When our governmental agencies ignore these travesties, in order to protect the justices protected by the political elite, one must ask, can we stop this or, is it a incurable cancer?

Growing old in America should not be a bad thing — but it is.  Given there are other emotionally and mentally ill people in the world, such as my sister, Carolyn Toerpe, who, investigators told me was institutionalized 20 years ago, and used the name of Mary C. Sykes  with her husband the POA of medical.  (It was not my mother, by the way).  If any person did an investigation on Toerpe, would they learn what my investigators told me that she was ‘kicked out’ of the classroom because of serious emotional issues and many complaints by student’s parents: that she took a leave of that the Union protected her and she was able to be transferred to a lower paying position with the title of guidance counselor, and yet, keep her base pay plus added income appropriate for the new position, which provided Toerpe with an income 50% over the pay scale.  That Toerpe LIED to the court as well as non-medical and medical doctors, claiming that she is a PhD, psychologist: that Toerpe actually was asked to leave, retire early or took an early retirement because she had the wealth she needed to live above her status (her husband has been unemployed for a long time, but told the Court he was retiring: how does a person retire from unemployment).  That Toerpe has filed Four FRAUDULENT Inventories on Mother’s assets and property and claimed expenses that were never made — including claiming for three years Mother had o Blue Cross Blue Shield and therefor, Toerpe had to pay over $10,000 in medical cost in 2010 and almost as much in 2011. That most recently, in front of 4 witnesses and a staff at the Sunrise Senior Living LLC in Naperville, Toerpe overtly physically and verbally abused my Mother, and yet, with the help of Adam Stern, not only got Sunrise Staff to sign fraudulent affidavits, but also, reported to the Court that it was I who verbally and abused my mother on June 22, 2013.

Now my mother is hidden from all people who love and who she trusts and loves.  In Illinois hiding an elder or child, or any person for that matter is kidnapping, but the Cook Cournty and DuPage County States Attorney offices don’t care: the Naperville Police is protecting Teorpe, and the DuPage County Sheriff’s department is aiding Toerpe as Fred Toerpe’s son, Robert Toerpe is a DuPage County sheriff!  In the real world, Toerpe would have been arrested and charged with Fenony 2, but instead, she’s so empowered, she is looking for a way to murder my mother and blame me or Aunt Yo, or somebody else, so she can collect the final $200,000 + she stole from my medical account — as the court made her the sole beneficiary as it converted the money from a non-party Indiana account to the Clerk of Cook County in re the Estate of Mary G. Sykes.

Now I’m babbling, but as you run for Gov. of Los Angeles, I will share your concerns and drive to stop court sanctioned abuses of the elderly and disabled in California with a many friends and colleagues who still reside in LA area.  Suffice, thank you for listening — although I don’t know if you have any answers and my not be able to do anything until you are voted in and is the Governor of California…

To close, here is a an open letter written by my cousin to Toerpe and her attorneys….

Open Letter to the Guardian, Guardian’s Attorney, and Both Court Appointed GAL’s

Shame on you.  Shame on ALL of you.  The arrogance and cruelty you have showered upon my mother has reached a new subterranean level by even the subpar standards applied in this guardianship.

You have the gall to allow an eighty-three year old woman to believe she would be able to visit with her ninety-four year old sister today –  for a meager one hour visit allowed by the guardian. Then, at the last minute, you pull the rug out from under her?    If there was ANY issue regarding supervision, this should have been dealt with weeks ago.

May I remind ALL of you, Judge Connor’s reprimanded the guardian on more than one occasion to be sure that her mother was NOT being isolated or kept apart from her family.  You have all had the audacity to lead Judge Stuart to believe that my Aunt is not being isolated, when in fact, you know the opposite is true.

You have been complicit in the viciousness and spitefulness with which a tyrannical daughter has separated her mother from the people whom she loves and cherishes.  Your aiding and abetting of the guardian’s actions has allowed her to punish her own mother for crimes unknown, while at the same time inflicting emotional pain throughout what was once a peaceful and loving family.

In your eagerness to have my Aunt guardianized, you erred grossly and placed her with the one person whom she asked to be protected from.  It is time you step up to the plate, and do the right thing.

As Judge Stuart has said, you are the ‘XXX.’

Thank you

Gloria Jean Sykes
Bon Ami Productions, Inc.

 

Great WSJ Article on the over use of psychotropic drugs at nursing homes

Dear Readers;

This great article was sent to me by Ken Ditkowsky from the WSJ but it was locked and the WSJ does not makes its contents generally available until the next day.  Judy Ditkowsky found an open article:


http://www.northjersey.com/community/Nursing_homes_temper_their_reliance_on_drugs.html?page=all

While Federal Laws restrict the use of psychtropic drugs except with consent of the patient–even those under a guardianship or conservatorship, and while the FDA contraindicates these drugs for those under 20 and above 60 because they are simply too hard on the brain and internal organs, yet an astonishing third of these drugs dispensed in the US go to nursing homes and the most frail, elderly populations in the US.  Obviously this is a very, very serious problem in the US that has to be addressed for the safety of seniors in nursing homes.

In Illinois, a person cannot have psychotropic drugs dispensed without notice, being provided with other options, and then the person has the right to refuse these drugs–primarily because they often don’t work and are actually dangerous to the senior.  See In re Tiffany, Ill. Supreme Court Opinion.  inreTiffany-notice-meds-case

If you have not read the case, please do so now and thanks to the reporter for “outing” this dirty little secret of nursing homes.

When residents are chemically restrained, you can keep them like sardines in a can.

JoAnne

Charges that Deny a Lawyer’s First Amendment Rights are a 42 USC 1983 violation

From: kenneth ditkowsky
Sent: Aug 26, 2013 5:52 PM
To: JoAnne Denison
Cc: NASGA , probate sharks , “60m@cbsnews.com” <60m@cbsnews.com>, john wyman , “chicagotonight@wttw.com”
Subject: the act of Mr. Larkin in bring IARDC charges that he knows or should know with a scintilla of investigation to be a denial of Attorney First Amendment Rights

JoAnne,
Senior attorney G in her letter of July 1, the Cyntha Farenga letter to now Senior Attorney B, the patently meritorious complaints filed by larkin against both you and me are without a doubt attempts to throw a monkey wrench into our calling on law enforcement to do an Honest complete and comprehensive investigation of the flood of elder cleansing cases that are now coming to light.   Mary Sykes has been held by a Court lacking jurisdiction for more than four years and deprived of her liberty and property, Alice Gore had the atrocity of having her filings removed from her teeth and the gold not inventoried,  Wyler was placed in a dangerous position and raped, etc
When these facts were brought up, Mr. Larkin as Administrator of the IARDC decided that you and I could not exercise our First Amendment Rights and call for an investigation and he unilaterally is engaged in an attempt to silence both of us (and others) by asking the Supreme Court to take our licenses from us.    Larkin as an attorney is well aware of the First Amendment, and the recent Supreme Court of the US cases that create the rule of law that content based speech cannot be regulated by government.   Indeed, Larkin is aware of the fact that judges are elected in Illinois and the pursuant to Citizen’s United he has no jurisdiction to interfere with our speech.   Yet he persists in his prosecution of both of us.   Such has a chilling effect on not only the Bar to speak out but for ordinary citizens.
Indeed, if Larkin has reviewed the Sykes file he is aware that the Sheriff has indicated by its records that Mary Sykes was never served with summons, and her two siblings (and youngest daughter) were similarly not served and did not waive the prior 14 days notice.    Thus, as he is charged with knowledge of the law he is aware that the Court not only lacked jurisdiction but still lacks it.    It is my contention that any attempt to shut up a citizen and stop him/her from reporting a crime – and violation of civil rights of a citizen is a crime – is obstruction of justice.
The following quote explains the basis of my opinion:
“The term “obstruction of justice” refers to efforts to impede the processes of legal justice, e.g., United States v. Aguilar, 515 U.S. 593, 598–602, 115 S.Ct. 2357, 132 L.Ed.2d 520 (1995), including the sentencing process (Buckley made no effort to obstruct the guilt determining process). United States v. Wells, 154 F.3d 412, 414 (7th Cir.1998); United States v. Green, 114 F.3d 613, 619–20 (7th Cir.1997); United States v. Winston, 34 F.3d 574, 579–80 (7th Cir.1994); United States v. Gilbert, 173 F.3d 974, 979 (6th Cir.1999). We emphasize “efforts.” Obstruction of justice is a crime (more precisely a medley of crimes, see 18 U.S.C. ch. 73; Lisa R. Rafferty & Julie Teperow, “Obstruction of Justice,” 35 Am.Crim. L.Rev. 989 (1998), as well as a basis for enhanced punishment) of attempting; success is not an element in either situation. See, e.g., 18 U.S.C. § 1503; United States v. Aguilar, supra, 515 U.S. at 601–02, 115 S.Ct. 2357; United States v. Ewing, 129 F.3d 430, 435 (7th Cir.1997); United States v. Muhammad, 120 F.3d 688, 694–95 (7th Cir.1997); United States v. Sayetsitty, 107 F.3d 1405, 1410 (9th Cir.1997). When obstruction takes the form, as in this case, of perjury or other lying, see, e.g., United States v. Dunnigan, 507 U.S. 87, 93–94, 113 S.Ct. 1111, 122 L.Ed.2d 445 (1993); United States v. Norris, 300 U.S. 564, 574, 57 S.Ct. 535, 81 L.Ed. 808 (1937); United States v. Hach, 162 F.3d 937, 948–49 (7th Cir.1998); United States v. Molina, 172 F.3d 1048, 1058 (8th Cir.1999); U.S.S.G. § 3C1.1 and Application Note 4, the materiality of the lie becomes a focus of inquiry because a lie that is immaterial to the justice process is not a potential interference with it. See United States v. Barrett, 111 F.3d 947, 953 (D.C.Cir.1997); United States v. Surasky, 976 F.2d 242, 246 n. 5 (5th Cir.1992). But because the offense is one of attempting rather than of succeeding in obstructing justice, all that is required for a lie to be material is that it could, to some reasonable probability, affect the outcome of the process (here, the sentence). U.S.S.G. § 3C1.1, Application Note 6; United States v. Gaudin, 515 U.S. 506, 509, 115 S.Ct. 2310, 132 L.Ed.2d 444 (1995); United States v. Craig, 178 F.3d 891, 901–02 (7th Cir.1999); United States v. Sarihifard, 155 F.3d 301, 306 (4th Cir.1998). That it did not actually affect it is—immaterial. E.g., United States v. Harrison, 42 F.3d 427, 430 (7th Cir.1994); United States v. DeZarn, 157 F.3d 1042, 1051–52 (6th Cir.1998); United States v. Sarihifard, supra, 155 F.3d at 306; Kathryn Kavanaugh Baran & Rebecca I. Ruby, “Perjury,” 35 Am.Crim. L.Rev. 1035, 1049–52 (1998).
45 The purpose of punishing obstruction of justice is not just to prevent miscarriages of justice but also to reduce the burden on the justice system. United States v. Norris, supra, 300 U.S. at 574, 57 S.Ct. 535; United States v. Wells, supra, 154 F.3d at 414–15. If a defendant throws a monkey wrench into it the system is damaged even if the only cost is that of removing the monkey wrench before it can wreck the system. Which is what happened here. By falsely denying that he had had the BB gun with him during the robbery, Buckley induced the probation service to search around for an alternative basis for the dangerous-weapon enhancement; and since a briefcase does not look like a dangerous weapon, or indeed a weapon of any sort, there was some chance that the judge, if she believed Buckley’s lie about the gun, would not impose a dangerous-weapon *711 enhancement at all. Buckley tried to gum up the works, and the probation service, the U.S. Attorney’s office, and the district judge all had to spend time to remove the gum. No more is necessary to establish an obstruction of justice and require the obstruction of justice enhancement.”   United States v. Buckley, 192 F.3d 708, 710-11 (7th Cir. 1999)
The more I think about this situation the more obscene this entire situation has become.    By without any tangible evidence and ignoring the evidence before it, Larkin has done more to obstruct justice than Buckley.   In fact, knowing that he cannot be delegated any authority to regulate speech, Larkin and his minions have by continuing the meritless attempt to silence you and I is making a substantial assault on the American Constitution and in light of Citizens United, Alvarez, Brown, Stephan, New York Times (both cases) etc cannot deny or claim that Rule of Law prohibits his (and his minions) actions.
In light of the clear rulings of Citizens United, Alvarez, Brown et al the claim of acting in a ‘judicial capacity’ is about as thin as attempting to defend a false imprisonment case on the authority of Dred Scott!      Frankly – I am tired of being harassed!    I copied Senator Kirk and Attorney General Holder on this e-mail!    No – I am not repentant for exercizing my First Amendment Rights!   Yes you and anyone else who desires may publish these comments.    I as a citizen am demanding that I be afforded EQUAL PROTECTION OF THE LAW.     If Mr. Buckley committed Obstruction of Justice, the Mr. Larkin in denying my (and your) First Amendment Rights (in light of the specific rulings in Citizens United, Alvarezk, Brown, et al) has equally committed obstruction of justice and *****.
We need an HONEST complete and comprehensive investigation of Sykes and all related cases including the ‘cover up’ and concerted actions directed at thwarting a proper investigation.   This investigation should include looking into the actions of  public and judicial officials  and particular the attempts to deny a citizen (who happens to be lawyer) of his First, Fifth and Fourteenth Amendment Rights.
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

Hear Atty Ken Ditkowsky on Feet to Fire discuss Elder and Ethics Cleansing in the US!

From: kenneth ditkowsky <kenditkowsky@yahoo.com>

Subject: Re: Tomorrow on Feet to the Fire

It appears that this is not the first time something like this has occurred.  CBS did an interview when this first started – I believe the cover story for not airing the interview was that the tape got destroyed.    Videos of Mary Sykes disappeared from one of the social media postings = they are back up.    It appears that the removal could be traced to one of our miscreants.    John Wyman was supposed to appear on another CBS program – naturally that never occurred.     Today we have the coincidence of this particular show not being heard.
All these coincidences are getting a little tiresome.    Someone with tremendous clout is involved in making all these coincidences!   We have here in the Sykes and related cases an assault on American core principles that rivals 9/11.    Thousands of seniors are being herded into nursing homes and guardianships to be stripped of their liberty and property,    After  the last dollar – or in the case of Alice Gore – her last gold filling is removed – the seniors are subjected to retro-active abortion.    Mary Sykes is now being processed!   She is totally isolated from her home (which was sold to someone connected with a very famous Alderman), her gold coins worth in excess of a million dollars are gone – and not inventoried, and the rest of her assets have (we are informed) found their way into much more deserving hands than Mary’s!    To accomplish the final solution Mary has been hidden away and no longer has been seen or heard from by anyone who cares!    How long Mary will have the will to live – is an open question!
Unfortunately Mary Sykes is not unique or an anomaly.     She is becoming common-place and prey for the miscreants who are part of the cottage industry of ‘elder cleansing.’   I wrote Senator Kirk and Senator Durbin concerning it.    Kirk’s office showed interest, however Durbin sent me a copy of some idiotic speech that he delivered on social security.    Who cares about Mary’s social security when for four years her liberty and property has been taken from her.   Who case about her social security when it goes to pay the miscreants who took from Mary her liberty and property.
I understand the program has been rescheduled for new week.    As I keep mentioning the theft of about a million dollars in gold coins and continue to point out that the guardian had an amazing pecuniary change after being appointed by the Court  (which incidentally lacked jurisdiction) = all coincidences !.    I wonder how they will stop new week’s broadcast?
Keith – I am not bitter!    Piece by piece the word is getting out and piece by piece the miscreants will get what they deserve.   There is a special place in HELL for out miscreant friends.   No one ever gets out of this life alive!
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

Depositions and Exhibits of Gloria Sykes, Yolanda Bakken, Scott Evans and Kathie Bakken

Bravo to these heros and heroines for standing up for truth and justice in our court system!

Give yourself a pat on the back for doing your civic duty and appearing for your deposition.

Deposition of Gloria Sykes 

Deposition of Scott Evans

Deposition of Kathie Bakken

Deposition of Yolanda Bakken

For filing tomorrow–the Depositions of Gloria Sykes, Yolanda Bakken, Kathie Bakken and Scott Evans

Dear Readers,

as you know, last month I took the depositions of the Sykes family and I was utterly amazed at how firmly they they all told the same story, how their statements, answers and question for the truth, integrity and justice and Probate was utterly severe to the highest levels.

They directly contradicted everything in my complaint.

They told the same story–a tale of horrors.  No notice, no jurisdiction, yet seizing Gloria’s assets–assets meant for her health care post breast cancer which clearly endangers her health.  They tell the story of isolation of an active, vibrant elderly woman who was active in her garden club, walked miles around her own neighborhood for everything she wanted, the bank, the garden club, neighbors, the beauty salon–you name it, if it was within 2 miles, she would “do her daily walking” there.  So it was no surprise that at age 90 she was healthy, ambulatory, lucid and coherent.

But THAT does not stop the Illinois Probate system when it has targeted a senior with a paid up home in a highly desirable neighborhood, a good bank account, rumors of millions in gold coins and cash ($40,000) in a mattress.  Nope, things like due process and the US Constitution and the Illinois Constitution and even international treaties pertaining to human rights, civil rights and due process mean nothing to these miscreants.

Who are they and how do they do these scams are still a mystery because there HAS BEEN NO INVESTIGATION.

Why don’t the feds or states attorneys get someone in there with a wire?  There are many of these cases going on, starting right now, and no one stops this cash cow machine of probate–stealing lives and fortunes.

see below and take care

joanne
BEFORE THE ILLINOIS ATTORNEY REGISTRATION AND DISCIPLINARY COMMISSION

In Re:

JOANNE MARIE DENISON

Attorney-Respondent
Reg. No. 6192441

Commission No. 2013 PR 0001

NOTICE OF FILING
TO:
Atty Sharon Opryszek, Atty Melissa Smart and Atty Jerome Larkin
ARDC, One Prudential Plaza, 12th Floor, Chicago, Illinois via personal delivery and email

PLEASE TAKE NOTICE that on August 23, 2013 I will file a the attached Depositions and Exhibits of 1) Yolanda Bakken; 2) Kathie Bakken; 3) Scott C. Evans and 4) Gloria J. Sykes with the Clerk of Court of the ARDC, a copy of which is attached and served upon you herewith.

Respectfully Submitted

_______________________________
JoAnne Denison
JoAnne Denison
Denison & Assocs, PC
1512 N Fremont St, #202
Chicago, IL 60642
Ph 312 553 1300, Fax 312 553 1307
joanne@denisonlaw.com

BEFORE THE ILLINOIS ATTORNEY REGISTRATION AND DISCIPLINARY COMMISSION

In Re:
Commission No. 2013 PR 0001
JOANNE MARIE DENISON

Attorney-Respondent
Reg. No. 6192441

Notice of Filing of Depositions and Exhibits

Joanne M. Denison (“JMD” or “Atty Denison”) herewith files the following Depositions together with Exhibits which were taken on 7/30/2013 pursuant to the Notice of Deposition shown in the attached exhibits:

1) Deposition of Yolanda Bakken, sister to Mary G. Sykes;
2) Deposition of Kathie Bakken, daughter of Yolanda Bakken and niece to Mary G. Sykes;
3) Deposition of Scott C Evans, long time and close family friend to Mary Sykes and her family;
4) Deposition of Gloria J Sykes, daughter and long term caretaker of Mary G Sykes.

You are invited to read and review these deposition which directly, firmly and completely  contradict the Complaint which the ARDC filed on January 8, 2013.

Why these depositions could not have been taken before the January 8, 2013 complaint was filed is a complete mystery.  Further, the ARDC’s failure to conduct an adequate investigation before taking legal action against Atty Denison (and Atty Kenneth Ditkowsky as well) should be seriously considered for Rule 137 sanctions under the Rules of the Illinois Supreme Court.

In a highly unusual fashion, no counsel for the ARDC appeared at any of the above depositions.  In addition, when the ARDC counsel was asked if they would like to bring back the witnesses to cross examine them, they said they would do this at trial.

In a further highly unusual fashion, the Tribunal thought it proper to require the attendance of Ms. Yolanda Bakken at trial, they would not use her deposition as an evidence deposition even though she is elderly (83+ years) and tires easily, and they desire to subject this woman to cross examination.  The undersigned attorney has never before seen a judge in the Illinois Court court system require an elderly, frail woman to attend a trial when a deposition would suffice.  In addition, it is equally cold and heartless for the ARDC not to attend her deposition and agree it may suffice as an evidence deposition.  Clearly the intent of the ARDC has not changed to a clear conviction to seek out the truth, find all miscreants in probate, and bring truth and justice to probate and integrity to the courts and their functioning.  It is highly disappointing to all honest and ethical attorneys involved.

Finally, it is further submitted that there is highly unusual activity taking place in this trial where the undersigned counsel had to take the depositions of her own witnesses, and that in volumes and pages of court transcripts, motions and pleading practice though numerous court actions in Illinois, this is the first time the Sykes family has been able to put their story on record in a deposition–or any full and fair court proceeding, for that matter.  This is most likely the first time when the Sykes family has not been abused in a judicial proceeding.

It is submitted that the blog at http://www.marygsykes.com is in fact truthful, accurate and that the Complaint filed against the undersigned is entirely without merit and the ARDC has steadfastly refused to answer to, investigate or give any credence to dozens of complaints involving Sykes, as well as numerous entirely credible client complaints involving the following Illinois cases, all of which have been operating without jurisdiction under the Illinois Probate Act: Sykes, Wyman, Bedin, Valentino and now, because the ARDC does nothing and takes no action, and the judges and attorneys involved do not seem to care, a more recent case was invoked without notice: Marcel Payton.

No one investigates and no one cares.  The victims involved are elderly and frail.  They cannot speak for themselves.  However, this does not mean that the US Constitution and Illinois Constitution, as well as international treaties pertaining to due process and civil rights do not apply to the likes of Sykes, Wyman, Bedin, Valentino, Payton, etc.

These elderly and frail individual deserve better.  Alice Gore did not need to be isolated and have all her teeth pulled and then subject to a DNR/no food no water regimen which quickly killed her.  And that is not the only case where such nefarious activities are prevalent.

The ARDC can and must sit up and take notice that the public is becoming swiftly aware of the broken, unjust and unfair system currently residing in the probate courts.

My blog is just one small part of the fight for human rights, civil rights and dignity that can and must be implemented in our Illinois Probate court system.

The above Sykes case is just one story out of several dozen that the undersigned attorney has become aware of.  Not only has the Sykes family been abused in probate, but they are being abused by the ARDC and JIB when repeated requests for investigations and action are made with no apparent results..

RESPECTFULLY SUBMITTED,

_______________________________
JoAnne M. Denison
Attorney-Respondent
Prepared By:
JoAnne M. Denison, Atty. No.  14,867
Denison & Associates, PC
1512 N Fremont St, #202
Chicago, IL 60642
phone:  312-553-1300
fax:  312-553-1307
http://www.denisonlaw.com
JoAnne@DenisonLaw.com

Gloria asks, what would happen without the blogs?

From: GLORIA Jean SYKES
Sent: Aug 17, 2013 6:49 AM
To: kenneth ditkowsky
Cc: JoAnne M Denison , probate sharks , NASGA , Tim NASGA , “60m@cbsnews.com” <60m@cbsnews.com>, “IllinoisLawyerNow@isba.org” , “illinois.ardc@gmail.com” , Harry Heckert , “ACLU@ACLU.ORG” , “janet_c_phelan@yahoo.com”
Subject: Re: 95-Year Old WWII Vet Murdered By Police for Refusing Medical Attention

Why won’t The tribune do a story on my mom and what happened at Sunrise
My mom said to me ‘I knew you’d come for me. I knew you didn’t abandon me.’
These words will haunt me for the rest if my life. My mom is 94 and the police let Carol drug her and Sunrise helped Toerpe remove her from the back and the police didn’t even talk to her.

Nor did the Department on Health and Aging.

What the F is going on?   A frail, elderly, 95 year old man being tasered and my mom being beat up by a so called “plenary guardian” Carolyn Toerpe.
And innocent attorneys like Ken Ditkowsky doing what’s right [telling the truth] and being disbarred?

Without the [probate] blog[s] no one would know of my mom or the horrors and whores of justice.

Every appeal I have had has been dismissed with prejudice just because Peter Schmiedel has asked for it?

from Gloria Sykes, younger daughter and excellent caregiver for 10+ years, named in her mother’s POA as preferred guardian.

Sent from my iPhone

Dear Gloria;

Because of the blogs, thousands and thousands of citizens have exactly the same question, exactly what is going on with our nation’s court system and why are the clear laws being ignored, day after day, court date after court date?

I don’t understand either.  Hundreds of people on this blog alone have asked me what is going on with Gloria and Ken and the ARDC and why are millions missing from the inventory of Mary Sykes, and no one dares to touch these questions?

Adam Stern said during Ken’s trial that “he investigated” and sent out subpoenas. From the Record on Appeal–the official court record, there were no subponeans sent out by him, no returns, no affidavits of service.

I challenged the Sykes court to show proof of service on Mary and her elderly sisters when I first started this blog in December 2011, and years later, no proof of service upon Mary, Josephine and Yolanda. The evidence consisting of declarations were published on this blog.  No response from the court or the GAL’s but I know the GAL’s read the blog because from time to time they email me.

No answers, just question after question after question.

Gloria, you were a highly renown investigative reporter. When you ask the questions and no one responds, you know what is going on.

The questions have been asked.  The court does not answer you.  The GAL’s do not answer you.  Peter Schmeidel runs and hides from us just as he did on Aug. 16, 2012 when you asked him just when was jurisdiction seriously considered before.  He is a coward and a liar.

I think it is a great story.  Millions missing, many questions.

My response is that it is clearly “the machine” in Illinois, which reaches from the politicians, to the elected to office, to those tied in with it, the zoning board, the probate court which benefits, to the actors in court which benefit.

Ken and I have stated it is a scandal greater than Greylord — no constitutional rights, elderly with paid up homes and bank accounts being declared incompetent by standing on a porch, Doctors Rabin, Amdur and Shaw never see the patients, but are psychics verified by their own court testimony, no hearings, no attorneys appointed for those that object to the guardianship, judges that say 2-1401 does not exist in probate, lie after lie after lie.

You know, it’s great fodder for a blog, for a political cartoon, for the inconvenient and embarrassing  truth. We laugh and we jest.

But it’s the ultimate in horror show for the families that live thru this, the Tylers,the Drabiks the Sykes, the Bedins, the Wyman’s, etc.

It exists to the tune of Rosemary’s baby.

And and all I can do and all the families can do is pray and light candles and ask for angels.  That’s what I do.  Each day, every day.  My hopes, thoughts and prayers are always with you.

May justice prevail and may the ARDC be not afraid to confront it.

joanne

New from KDD — Elder Cleansing AND Ethics Cleansing

Totally brilliant.

See below and I agree with KDD, it’s a classic case of Elder AND ethics cleansing.

JoAnne

From: kenneth ditkowsky
Sent: Aug 15, 2013 8:28 AM
To: NASGA , JoAnne Denison , probate sharks
Cc: “IllinoisLawyerNow@isba.org” , “illinois.ardc@gmail.com” , “60m@cbsnews.com” <60m@cbsnews.com>, Harry Heckert , j ditkowsky , GLORIA SYKES , “tips@elderabuseexposed.com” , “tips@tribune.com” , SUNTIMES , “janet_c_phelan@yahoo.com” , Eric Holder , matt senator kirk , Bill , “bill@LawlessAmerica.com” , “michiganadvocacyproject@gmail.com” , “ACLU@ACLU.ORG”
Subject: Freud and Ethics Cleansing

 In my draft letter to the Attorney General, which I sent out to you by e-mail  I referred to Ethnic Cleansing as “Ethics Cleansing”      That is a classic Freudian slip!    Ethic’s cleansing is exactly what the attached article and the current Disciplinary cases filed by Mr. Larkin and the Illinois ARDC in an effort to deny JoAnne Dension, myself, and some other assorted attorneys of their First Amendment Rights.
It is indeed ironic that I should do exactly what the senior attorney for the IARDC did in her July 1, 2013 letter in which she made a threatening typographical error.     (She threatened that Gloria Sykes – and impliedly anyone who complained concerning the unusual events in the Sykes case had Adam Stern in their future).     I did and do think that the established Bar and State Supreme Court’s in not giving full faith and credit to the Rule of Law as set forth in the Bill of Rights and the Supreme Court of the United States of America are engaged in “Ethics Cleansing!”
It galls me that the 2nd oldest profession should in my 52st year as member should condone [by its lack of action as to the complaints arising in the Gore case]  the Elder Cleansers action of scavenging of gold fillings of senior citizens!     The call for an HONEST investigation of the suspicious actions of two guardian ad litem appointed by a Court lacking jurisdiction was sufficient to motivate Disciplinary proceedings against Ms. Denison and myself!
I wonder where America went??????
Ken Ditkowsky

www.ditkowskylawoffice.com

A New Letter to US AG Eric Holder

From: kenneth ditkowsky
Sent: Aug 14, 2013 5:34 PM
To: Eric Holder , matt senator kirk , DiAnn Matson , Larry Chambers , j ditkowsky
Cc: Tim NASGA , GLORIA SYKES , NASGA , probate sharks , JoAnne Denison , Martin Kozak , scott evans , j ditkowsky , Bill , “bill@LawlessAmerica.com” , “susan.harris06@rcn.com” , “60m@cbsnews.com” <60m@cbsnews.com>, “tips@tribune.com” , SUNTIMES , “IllinoisLawyerNow@isba.org” , “ACLU@ACLU.ORG”
Subject: letter to the Attorney General of the United States of America

I ran across an e-mail by Adam Stern to Farenga that was sent to the Illinois Attorney Registration and Discipline case in which Adam Stern points out that jurisdiction is a technicality.    The Bar Associations are amazing quiet as attorney are being silenced by the IARDC for exercising their First Amendment Rights.   The ‘core’ principles of America are being considered technicalities by the 2nd oldest professions own version of the Taliban!    I drafted the following letter which will go out snail mail tomorrow.
Letter and e-mail to Attorney General of the United States, Civil Rights Division
Dear Attorney General,
By e-mail I and a great number of citizens have written to the United States of America to protest “elder cleansing.’    Elder Cleansing is the sister to Ethic and Racial cleansing.      The concept of Ethic cleansing is more sinister as it encompasses a broader population and exists because many of our Courts appear to condone it.      A current example of ‘elder cleansing’ is the Mary Sykes case.
Illinois has a comprehensive and well thought out program for protecting and fostering the State of Illinois’ parens patrie obligations toward the disabled and senior citizens.     The statutory citation is 755 ILCS 5/11a et seq.      The Legislature mandated in 11a – 3 that the senior citizen would not suffer a ‘death sentence’ when adjudicated to be in need of a guardian.   The guardian would act only to the extent necessary.   Further in 11a – 17 and 11a – 18 the wishes of the senior were to be respected and changes in the environment were to occur only upon real court supervision and consideration.
To assure that a senior was not railroaded into a guardianship Illinois required that a full disclosure petition (11a – 8) would be provided the Court, and that jurisdiction would not attach unless pursuant to 11a – 10 the alleged disabled person was accorded full knowledge of the gravamen of the proceeding and his/her nearest and closes relatives were provided with a prior 14 day notice of the date, time, and place of any incompetent proceedings.    The Supreme Court of Illinois in In re: Steinfeld 158 Ill 2d 1, and the Appellate Court in In re: Sodini 172 Ill App3d 1055 rule that such criterion were jurisdictional.
If you examine the Court record in 09 P 4585 pending in the Circuit Court of Cook County what is most striking is the fact that all the protections were ignored.   Mary Sykes, according to the records of the Sheriff of Cook County, and the Court file was not properly served with process and her close relatives required to be given 14 days prior notice were not given any notice.    What is most striking is the fact that a search of the court records does not reveal any “return” of process, affidavits of notice etc.     As these are jurisdictional we have on day one and square one the scenario of a senior citizen being deprived of her liberty and property by a Court lacking jurisdiction.
The nightmare however is much more nefarious.     Mary Sykes’ substantial assets disappeared and were not inventoried as part of the estate.   Instead, the requests for an investigation and for the two guardian ad litem to do their jobs were greeted by attempts at intimidation.    Mary’s younger daughter (Gloria) has been targeted with forfeiture of the proceeds of an insurance claim (after term time and in violation of full faith and credit), assault and battery, an illegal eviction from her home, vandalism, and even the theft of her intellectual property.    An attorney friend of Gloria’s JoAnne Denison an ARDC complaint threatening her law license for writing a blog and calling for an Honest investigation of the Mary Sykes case.     I also have been targeted.    I had to successfully defend a ‘sanction’ order entered by a Court in which the Appellate Court of Illinois ruled lacked jurisdiction.    This was followed by an ARDC complaint threatening my license.    My crime – I attempted to make inquiry as to why title 11a was not being followed and over a million dollars in Mary Sykes’ assets were stolen.    (I use the word stolen because it is now absolutely clear that over a million dollars in gold coins were taken from a safety deposit box that Mary Sykes had an ownership interest and not a coin was inventoried by the plenary guardian.   The two guardian ad litem appointed in case 4585 by a Court lacking jurisdiction have the ear of the IARDC and they are attempting to silence me.   [An ARDC attorney in an open hearing asked me if I was repentant for writing to the Office of the Attorney General of the United States concerning the Mary Sykes case – apparently he had never read the First Amendment to the United States Constitution]
Unfortunately, the Sykes case is not an isolated incident.    As you can see from the hundreds of e-mails that affected citizens have sent to the United States of America, and law enforcement agencies ‘elder cleansing’ is not unique or unusual.     The Government Accounting office in a Report to Congress has detailed dozens of seniors being victimized by the villains engaging in the cottage industry of ‘elder cleansing.’    Indeed, books are starting to appear on the shelves by desperate family members who have heretofore being silenced by rogue Court officials and other miscreants.    The cancer has spread to just about every State in the Union and the horror stories abound.
The pattern is unmistakable.     A senior is targeted.    When the senior’s estate is exhausted, the senior dies, is cremated and the miscreants go on to another target.    The process may take a couple years, but the rewards are huge.    In Sykes as an example Mary’s dwelling was located in an affluent and very stable middle class area.    Her assets included gold coins, funds hidden in a mattress, antiques and a few dollars in Bank accounts.    Mary’s expenses were relatively small and up until Mary was kidnapped and spirited in captivity it was reported that Mary’s younger daughter defrayed them.   [Gloria is an award winning journalist].   Today, Mary is being hidden and forcibly kept from any contact with her two siblings, her younger daughter, her friends, her garden club and her church.      This latest fiasco was prompted by the ‘guardian’s sale of Mary’s real estate’ and the location of Mary in a nursing home.     When Mary was located and visited by a sister, a friend, and her younger daughter the plenary guardian, and guardian ad litem Adam Stern went ballistic.    The Naperville police were called and the family and friends of Mary Sykes routed from the facility.    Mary was immediately hidden away at some other unknown facility so that she could not have contact with her sisters, her younger daughter, or her friends.   [Precious pictures and video showing that Mary, who had not seen her younger daughter for 2.5 years, hugged and kissed her for about a half hour, and said “I knew you would come to get me.”  Adam Stern and the Naperville police are implicated in an uninvestigated destruction of evidence/obstruction of justice.]
The cancer of ‘elder cleansing’ has resulted in a number of internet postings and blogs.   The criminal activities are detailed.     The perfidy of public officials in the ‘cottage industry’ is legend and way too numerous to detail in one letter.    I’ve included a copy of my reply brief filed in response to an IARDC complaint against me to illustrate the extremes that political figures have gone to avoid the simple request of an HONEST complete and comprehensive investigation.     The violation of Mary Sykes’ civil rights is obvious and is a poster board example of the cancer.    The violation of Gloria Sykes’ rights is a clear example of why 42 USCA 1983 was enacted.     The violation of JoAnne Denison’s rights condemns the legal profession.    The New York Times cases decided by the United States Supreme Court should have buried the IARDC complaint against Ms.Denison.    It is respectfully suggested that the Attorneys for the IARDC (Illinois Attorney Registration and Discipline Commission) should be aware that they lack jurisdiction to regulate any content based speech.    (Even though it does not make any difference, Ms. Denison and yours truly are not a parties or an attorneys in any relevant litigation – we are both concerned citizens.)  47 USCA 230 also makes it clear that Ms. Denison can post the writing of Satan himself on the internet and government cannot punish her.
The purpose of this letter is to request the Justice Department to conduct an HONEST, intelligent, complete and comprehensive investigation of the hundreds (and maybe thousands) of elder cleansing cases that have been swept under the rug and prosecute the self-anointed ‘judicial officials’ who have so little regard for the rights, privileges and immunities of senior citizens, disabled adults and other persons contemplated for protect by 755 ILCS 5/11a – 1 et seq.    The treasury needs the tax money and breaches of fiduciary relationship create taxable events.   In Sykes the ‘theft’ of over a million dollars in gold coins is an incentive.     In Gore the reduction of 1.5 million dollar estate (and the conversion of Mrs. Gore’s gold fillings) is an incentive.   In Tyler 8 million is an incentive.
Elder cleansing has another attribute.    We had a client by the name of Robert Jaycox.    Mr. Jaycox was a fraud victim and was brought into a nursing home.   The nursing home understandably wanted to be paid for its services and rather than evicting Mr. Jaycox – in my opinion – saw an opportunity.    A doctor was brought in any he certified that Mr. Jaycox could not take care of his personal affairs, and the nursing home brought proceedings to have a guardian appointed for Jaycox.
Mr. Jaycox was completely competent and wanted to go live with his long term friend Susan Harris.    (These senior citizens were in their 80’s and vulnerable).     When the ‘process of elder cleansing’ was applied to Jaycox, Jaycox managed to smuggle a letter to the Judge.    The Judge accepted Mr. Jaycox’s choice of a lawyer (yours truly) and set a hearing date and allowed me to appear.    I went to see Jaycox and learned that in his heavy sedated state he fell out of bed at the nursing home and hit his head.  Of course pursuant to HIPPA Jaycox’s medical records were not available to me and as the nursing home had decreed him to be incompetent he could not consent.
Nevertheless, Jaycox and Ms. Harris convinced me that he was fully competent.  The opposition to this conclusion is of record and was augmented when I discovered on the occasion of my visiting Mr. Jaycox that one accident was not sufficient and the bar on Mr. Jaycox’s bed was in the down position.    When the next hearing was schedule, Jaycox need emergency hip surgery and on the date of hearing was in extreme pain.     We did examine the doctor who testified as a medical certainty that Jaycox was not able to act for himself.    On cross-examination the doctor revealed that Mr. Jaycox had sufficient competency to make life and death decisions – he (Jaycox) had consented to the surgery.    From there Jaycox had no value, he suffered aspirated pneumonia – apparently one of the highly skilled people at the nursing home fed Mr. Jaycox while he was in prone position and some food lodged in his lungs!   He died shortly thereafter.   Case closed – he was cremated and forgotten – another victim of elder cleansing!  [No-one can be smug – this can happen to any one of us.   A senior attorney at the IARDC wrote a letter on July 1, 2013 in which she stated the Adam Stern had been appointed as Guardian ad Litem for Gloria Sykes.    It took 17 days and approximately 2 weeks after receipt by the senior attorney of a threat of a lawsuit for the IARDC senior attorney to discover that the threat of Stern being appointed as Ms. Sykes guardian was a typo!  – indeed!   This should provide some insight as to how much of a threat to our personal liberty and property elder cleansing has become.  [And, those threats to guardianize anyone who objects to being a probate court victim are far from a rarity.  The fact the IARDC was involved, speaks volumes].
I know that theattorney Larkin of the Illinois Attorney Registration and Discipline Commission considers it grossly unethical to write to you,  but,  as I read the First, Fifth and Fourteenth Amendments they are still in full force and effect and the National Socialist Party is still a minority – ergo,  I respectfully request that the United States of America conduct an Honest complete and comprehensive investigation of the ‘elder cleansing cases’ and the government agencies and officials who are obstructing or denying citizens of their precious liberties, civil and human rights and property.
Thank you for your courtesy and co-operation,
Yours very truly,
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

note: corrected for typos, comments by JMD in [].

Fabulous Law Review Article by Prof. Margaret Tarkington!

You go girl!  Ken Ditkowsky sent me the article from Westlaw, but here is a link on the internet

http://georgetownlawjournal.org/articles/the-truth-be-damned-the-first-amendment-attorney-speech-and-judicial-reputation/

check it out!  Free Speech in one article, the history, the benefits, the NECESSITY of protecting the Amendment we call the first one, and regard as the first one, and the one that keeps us free and democratic.

 

How wonderful is that?

Thanks so much Professor Tarkington.  Now if you were only my Constitutional Law Expert at my trial.

No matter, Ken will do a fabulous job.

JoAnne

Some beautiful Poems by Joanne Denison

This is one I wrote when my mother died

When the clouds roll by in a clear blue sky
Think of me.
When the roaring waves wash upon the shore and gently wash their way around your feet,
think of me.
At the mountain top looking down on hills and valleys below,
think of me.
But when it rains or it pours, when the pain of sleet nips at your toes,
I am there too.  But my world now is golden, it shines like pure crystal.
Flower beds full of roses and orchids,
exotic birds and butterflies that freely roam, but never leave.
Think of me and know that our love still flows between these two worlds,
and you will feel the way between my heart and yours.
Always.  I promise.
Think of me.

I know that many of you have mothers and fathers that have passed over and perhaps you also suffered with a difficult and abusive guardianship, but I want you to know that your loved ones are now with the angels.  I send blessings, peace and love for all of you that have suffered in such a manner.

 

JoAnne

 

Requesting some help from the IARDC from Atty Ken Ditkowsky

From: kenneth ditkowsky
Sent: Aug 13, 2013 6:04 AM
To: “illinois.ardc@gmail.com”
Subject: Fw: WestlawNext – 9 full text items for no power to regulate speech

Mr. Larkin and the staff of attorneys at the IARDC.
 
The cases that are forwarded to you are the Rule of Law as to ‘content related speech.’  
 
These cases a clearly at odds with the position that you have taken in recent disciplinary cases.   As a public official I call upon you to honor the Rule of Law and dismiss any and all charges against attorneys who have exercised their First Amendment Rights.    Respect for the Rule of Law is paramount.    The deposition that was taken of Ms. Denison (now spread far and wide on the net) is a gross embarrassment.   The brief filed in my case (by an arm of the Supreme Court of Illinois) that misinterprets two Supreme Court cases and ignores a third would have been an embarrassment for  a first year law suit to have submitted.    
 
An internal investigation of the IARDC should be conducted to determine how such conduct could occur within an agency designed to protect the public prior to the IARDC becoming the scape goat for elder cleansing.    The calls for an honest, intelligent, complete and comprehensive investigation are intended to bring justice to people such as Mary Sykes – in making the call we want the focus on how senior citizens such as Mary are being exploited – we do not wish the distraction of government agencies being in the ‘dock!’     The focus has to be on how a senior citizen can be spirited off the street and deprived of her liberty and property in the blink of an eye and without the legal protections afforded by the law.   
 
Your help is solicited in the fight against elder cleansing.    First we need your help in investigating the known miscreants who the IARDC appears to be protecting, and Second we need you to help us keep the focus on the victims and the villains who prey upon senior citizens such as Mary Sykes.
 
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

IARDC: A mission of strenuously avoiding the truth and doing justice

 

Dear Ken;

When you state that all the ARDC has attempted to do is embark on an utter strange mission that is not truth seeking or ensuring justice to anyone, I agree wholeheartedly with your assessment.

Plus, SO’s strange mission for the ARDC appears to be: 1) to not take the depositions of my witnesses; 2) to try to strike and remove my experts who have excellent qualifications: namely: 1) yourself, a practitioner for many, many decades; 2)  Bev and Ken Cooper, producers of Coopers Corner a show with 250,000 viewers that often talks about corruption and probate PLUS they produce a popular probate blog; 3) Sylvia Rudek, director of NASGA with thousands and thousands of members/probate victims and 4)  John Howard Wyman, a probate survivor and author of a 4.9 star book on Amazon.

They have spent tons of hours and probably 20+ lbs of paper  trying to strike my pleadings, my witnesses, deny me discovery (interrogatories) with the Chair claiming “those aren’t helpful
now, maybe later)–4 hours in a deposition, and I have seen NO EVIDENCE that the ARDC wants to get to the truth of the Sykes matter and do justice.  Not one scintilla of this at all. And most of the ARDC pleadings are published on this blog or soon will be.

 

I challenge anyone to show me how, in all of their efforts, their documents, they appear to take even the most remote attempt at doing justice for you, me, Sykes, Tyler, Gore, Bedin, Wyman, etc.?

They don’t even seem to care about Bedin, Wyman, Gore, Tyler, etc.

It’s soooo bad, Gloria considers their actions in your case and mine with respect to her deposition to clearly comprise obstruction of justice and witness tampering.

What madness is this?  Why do they strenuously avoid the truth in Sykes and say they are not interested in the equally horrific cases of Tyler, Gore, Bedin, Wyman, etc.?

JoAnne

Atty Larkin’s Rejection on behalf of the IARDC for a full, complete and honest investigation of Sykes, Wyman, Tyler, Gore, Bedin

As law enforcement likes to conduct its investigations by the ‘clear light of hindsight’  it is nice to save letters that will be hard to explain by governmental agencies paid by the People of the State of Illinois to protect the public when all the facts are on the table.    The attached letter is in response to my letter to the IARDC to do an HONEST complete and comprehensive investigation of the Sykes matter.    As the IARDC has an obligation as part of its mandate to protect the public, any fair minded citizen would believe that it was disingenuous for the IARDC to refuse to conduct such an investigation in light of the fact that for over four years Mary Sykes has been held against her will and deprived of her liberty, property, civil rights and human rights pursuant to void court orders.
After all, if you are attempting to separate attorneys from their FIRST AMENDMENT  rights it would follow that any legitimate and honest government agency would like to have all the facts in front it before it acted in such a manner.    This is especially true in light of the New York Times cases, Alvarez, Brown, et al and the very questionable claim of the IARDC to jurisdiction over citizens who have not been allowed to participate in the Sykes, but, as citizens have exercised their First Amendment Rights.    The New York times case does not mince words – it says that government does not have the ‘power’ (sic Jurisdiction) to regulate content based speech!
Thus, it is respectfully suggested that the attached letter indicates that Mr. Larkin, is not only ignoring the Rule of Law set forth by the Supreme Court of the United States, but assuming jurisdiction that he does not have in his prosecution of both Ms. Denison and myself.    The attached letter makes it very clear that Larkin’s  myoptic inquiry will not include an HONEST complete and comprehensive investigation of dozens of citizen complaints concerning Adam Stern, Cynthia Farenga, Peter Schmiedel and his own staff.     He is not going to investigation the fact that:
1) CT was named in a petition for a protective order by Mary Sykes and mysteriously this petition was never heard.
2) the Report of proceedings in the Sykes case reveals what should be highly unusual events, to wit:
a) no documentation of the jurisdictional requirements required to obtain jurisdiction over Mary Sykes by the Court.
b) no medical testimony as to Mary Sykes incompetency, and in particular the attempted suppression of videos taken at the time of the alleged incompetency that reveal competency.    Removing of hearing aids from a elderly person desperately in need of them and interviewed said person who cannot hear the questions will produce some interesting results.
c) no attempt to comply with 11a – 3
d) the omission of Mary’s two siblings from the 11a – 8 petition
e) denial of Mary Sykes First, Fifth, and 14th amendment rights
f) admission of neglect by the plenary guardian
g) allegations by family members of theft by the plenary guardian of over a million dollars in assets – and the failure of the plenary guardian to inventory the same, or to deny the theft.
h) unusual expenditures by the plenary guardian who weeks before allegedly stole $4000.00 from Mary Sykes.
i) 2 guardian ad litem appointed in a small estate.
j)  LACK OF JURISIDICTION attacks on my attempt to investigate the Sykes case, a prior judgment -(735 ILCS 5/2 1401 being ignored).
k) isolation (further abuse) of Mary Sykes from her family, her friends, her activities, her property and her civil and human rights.
l)   *****
It is respectfully averred that  Mr. Larkin was interested in is censoring the calls by yours truly and Ms. Denison for an HONEST complete and comprehensive investigation.  Even with the current revelations Mr. Larkin and the IARDC is not interested in conducting an HONEST complete and comprehensive investigation, but, as illustrated by the deposition taken of Ms. Denison , appears engaged in what I in exercising my FIRST Amendment Rights would call a ‘cover-up.’     NB.   The foregoing is content related speech!     At this point in time the IARDC is aware of SCOTUS rulings and 47 USCA 230.    Such conduct is highly suspicious in the mind of yours truly and should be the subject of an Honest investigation by law enforcement and in particular the United States of America.
Please note that I copied the IARDC with this e-mail as Democracy is not a spectator sport and most importantly a government institution such as the IARDC has a fiduciary duty to the public.      It is respectfully submitted that I do not wish to give Mr. Larkin or the IARDC any opportunity to in the future claim that he and the IARDC were not fully informed and requested to protect the public from ‘guardian’ aided and abetted “elder cleansing.”      Mr. Larkin may consider this e-mail and the publication of the attachment to be unethical, but, as a citizen pursuant to the Bill of Rights and Article 1 of the Illinois Constitution I have the right to do so.   Pursuant to the Himmel case promulgated by the IARDC as an attorney I have a duty to disclose wrongdoing to the IARDC.    This duty includes the disclosure of wrongdoing by the staff of the IARDC.    INTENTIONAL VIOLATION OF THE FIRST, FIFTH, AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION are events that Himmel requires reporting!
Ken Ditkowsky

www.ditkowskylawoffice.com

Protecting YOUR rights under the First Amendment

From: kenneth ditkowsky
Sent: Aug 12, 2013 2:19 PM
To: Janet Phelan , “barbaraetc@” , rudy bush , “askdoj@usdoj.gov” , JoAnne Denison , matt senator kirk
Cc: “janet_c_phelan@” , “(justice07forever@gmail.com)” , Tim , “j ditkowsky (” , “Harry Heckert (” , “probate sharks (” , “(rpfphd@aol.com)” , “(llottielyn1@att.net)” , “joeyshoes” , Marty Prehn , “tvfields@” , “(mxwanderer@)” , “(intelligentones)” , “statesattorney@cookcountyil.gov” , “sheriff.dart@cookcountyil.gov”
Subject: Re: I am asking, what is the Proper and Legal Method for Judicial Branch Whistle Blowing?

 Being ‘messed with’ is part of the obligation of citizenship!   Anything worthwhile is worth fighting for!    My maternal  grandfather immigrated to the United States when he was 9 years old.   He traveled alone!    My father was a baby, but he came with his family.    I was born here.    The streets are paved with gold!
My grandfather homesteaded land, and provided the basis for my comfort.    My friend Fung Ye Moy’s father and uncle at ages 8 and 9 came to Chicago alone into a hostile environment.   Out of their efforts the Moy family made their mark on Chicago.    EAch immigrant was devoted to the ‘core’ values of the United States of America, fought for them and prospered because of them.    Mr. Moy and my grandfather were not deterred by the likes of Mr. Stern, Ms Farenga, et al.    Their reaction would have been substantially more violent than mine or JoAnne’s but it would have been just as defiant.     Mr. Larkin’s IARDC does not frighten me.    His minions believe that it should, but,  he should be more frightened of me as he at this point in time should be aware that as long as their is a breathe of life in me,  I will continue to exercise my First Amendment Rights and fight to protect the ‘core values’ of the Rule of law.
I personally owe the ‘torch of liberty’ for the wonderful life I’ve enjoyed!     My father served four years in the South Pacific practicing ‘meat ball’ surgery on an LST during WW2.    Two of my cousins and three other uncles fought the National Socialists to preserve our freedom.    My facing off against Farenga, Stern, Schmiedel, Larkin et al is nothing by comparison!    My being ‘unethical’ in calling for an HONEST intelligent complete and comprehensive investigation does not take great courage!     Mary Sykes, Alice Gore et al faced greater dread.   I own a pen!   It is mighter than the sword and ultimately each of miscreants is going to feel the weight of Justice.    The elderly, the disabled, and the others who fall into the gambit of elder cleansing will ultimately receive justice and the miscreants punished.    Democracy is not a spectator sport!    It requires effort to preserve and if each member (and friend of a member) of each of the organizations dedicated to protecting against elder cleansing were to write single letter to each of his/her elected representative demanding an HONEST intelligent complete and comprehensive investigation of these elder cleansing cases the hue and cry would commence.
Yes, I know that the Government Accounting Office has made a report to congress – it was ignored!    Hundreds of letters have been written to Bar groups protesting the Cottage industry of Elder Abuse.   They were ignored.     Hundreds of letters have been written to law enforcement, elected representatives et al and all have been ignored.    I have confidence that there are some honest and dedicated political figures out there.    Senator Mark Kirk appears to be one of them.    People who say they know Eric Holder have very nice things to say about him.    If you do not ask, you do not get!    All we are asking for is an HONEST intelligent complete and comprehensive investigation.    Why should anyone who is honest and forthright object to it!!!
No I have not answered by own question!    If I have answered it,  maybe we need to take a closer look at some of the other amendments to the United States Constitution!
Ken Ditkowsky

www.ditkowskylawoffice.com

From KDD–tracing the “coincidences”

From: kenneth ditkowsky
Sent: Aug 12, 2013 10:30 AM
To: JoAnne M Denison
Cc: Cook County States Attorney , Eric Holder , Tim NASGA , NASGA , probate sharks , Edward Carter , GLORIA SYKES , matt senator kirk , “60m@cbsnews.com” <60m@cbsnews.com>, “tips@elderabuseexposed.com” , “tips@tribune.com” , SUNTIMES
Subject: elder cleansing Himmel Report to the Mr. Jerome Larkin, director of the Illinois Attorney Registration and Discipline commission.

As you are aware I am deep in litigation with the nursing home moguls and have touched a nerve.   The tie-ins are amazing and the political corruption appears to be very deep.   
 
A new name has surfaced – Dr. Samuel Lipchitz.   Dr. L is reported to be Robert Kaplan’s “partner” in an Adult Care venture.    They were called before a Federal Grand Jury.    This and the ‘transportation business’ appear to be just the tip of the iceberg.     The Omicare Pharmacy litigation is supposed to start today (Omicare settled for $147,000,000.   (Yes that is correct $147,000,000).      We know have the following nailed down:
 
1) utilities  – from N. Draiman.    
2) drugs – Esformes
3) transportation – Rothner/Kaplan
4) Adult Day care – Kaplan/Lipchitz
5)   (that leaves laundry, nursing care, maintenance, real estate, medical care, other related enterprizes etc)
 
We know that there are three currencies, to wit:  dollars, nursing home beds, and opportunity.    It also appears that the money is laundered through ******.    
Gloria Sykes traced the political contributions.     In the Gore case  we have a pretty good road map, and in Sykes we have a total disclosure of the entire operation of elder abuse, elder exploitation (elder cleansing)  from day one.    Piece by piece we are forcing each entity involved in the enterprize to come forward.   
 
Also interesting is the number of corporations that the miscreants generate.    In the Northshore case Mr. Rothner is trying to escape his guaranty by claiming that it was not his obligation but that of his dummy corporation Pinnacle.     Each corporation has a ‘statute of limitations’ life.      Ten years is the maximum for any phase of the scenario.    As an example.   Northshore operated a nursing home for ten years.    At the end of ten years, the nursing home was leased (or licensed) to Rothner.     He installed a dummy corporation into the void.    This dummy corporation was to pay rent; however, ****.    At the end of the 2nd Ten years Northshore cancelled the lease and sold the real estate.    This time the lease and the real estate were sold to Glenner.    Glenner started another ten year cycle.     Northshore thus for 20 years provided a situs for elder cleansing on in Lake County.   
 
Sykes type elder cleansing is not the only type.    Jaycox style etc are also part of the inventory.    It also appears that some legitimate operations also occur.    In the same facility that elder cleansing is rampant, there are patients who are receiving first call health care services.      These patients have little to complain and their families are happy like bugs in a rug.    The targeted victims are almost always drugged and made zombies ****.     the 3 kidnapped young women in Cleveland (held by Castro) had more of a chance of escape than these victims.   Take a look at Mary Sykes’ captivity.   (SO is fully aware, however, even though she has full knowledge of the statutes involved has chosen to go blind deaf and dumb as Mary Sykes is hidden away so that she cannot contact family, friends, or anyone else who could help her.    It is a sure fire cinch that Mary Sykes is being denied every human and civil right possible.    The Nursing home act provides for the occupant to not be isolated – SO, Mr. Larking and the IARDC do not care and Mary is kept at a secret location totally isolated.    The object is easy to ascertain – depress her and kill her desire to live!    Once Mary is dead, AS,CF,CT,PS et al feel they are safe!   Cremation quickly performed erases the evidence!     This according to the IARDC complaint is interfering with justice!    
 
If there are any innocents who have gotten drawn into this scenario they certainly have had the time to withdraw.     The IARDC as an example was approached by us and asked to join in the call for an HONEST intelligent complete and comprehensive investigation.    Mr. Larkin and his group are totally uninterested, but persist in trying to deny us our Constitutional privileges and immunities.     I offered both GALs a ‘safe harbor’ offer and not only did they refuse, but the ‘safe harbor’ offer is part of the complaint against me.     That is pretty good proof that both GALs and the IARDC staff is involved.    The Florida case in which MS falsely claimed to be an heir was never investigated by the IARDC even though there was a rash of complaints filed against her.    
 
Himmel requires that we report attorney misconduct.    As this elder cleansing case the most striking misconduct appears to be centered at the IARDC staff.    As I do not believe in coincidences I am continuing to copy law enforcement on a daily basis so that no one will be able to claim innocence.      It will be very interesting a some later date when the excreta hits the fan to hear = by the clear light of hindsight = how Mr. Larkin justifies his opposition to an HONEST intelligent complete and comprehensive investigation.   
 
It seems to me that we should copy the IARDC as to the most damning of the e-mails.     Mr. Larkin at this point in time has read the Sawyer, Alvarez, Brown, New York Times et al  cases and discovered that the. First Amendment bars any delegation of authority to attempt to censor Attorneys for exercising their First Amendment Rights.    Thus, by copying the IARDC  Mr. Larkin is unable to claim innocence when the truth is revealed for all to see.      This is the biggest scandal to come down the pike in a decade.   
 
Ken Ditkowsky

www.ditkowskylawoffice.com

KDD speaks out for seniors/Deposition of JMD

From: kenneth ditkowsky
Sent: Aug 11, 2013 8:04 AM
To: RosANNa Miller , “NASGAmembers@yahoogroups.com” , matt senator kirk , NASGA , JoAnne Denison , “60m@cbsnews.com” <60m@cbsnews.com>, “tips@tribune.com” , SUNTIMES , “janet_c_phelan@yahoo.com” , “chicagotonight@wttw.com” , “michael@activistpost.com” , Eric Holder , Cook Sheriff , “courtclerk@cookcountycourt.com” , rudy bush , “janet_c_phelan@yahoo.com” , Cook County States Attorney
Cc: Harry Heckert , j ditkowsky , jim , Martin Kozak , “maryrichards45@gmail.com” , “Mary_Woolery@isp.state.il.us” , GLORIA SYKES , scott evans , “illinois.ardc@gmail.com” , “ACLU@ACLU.ORG”
Subject: Re: FOR IMMEDIATE RELEASE TO THE PRESS !!!!!!

 
This is a question of priorities.     Senior citizens do not count!    (Take a look at the votes recorded from nursing homes!   They are as reliable as the votes coming from the cemeteries or vacant buildings!  There is no incentive for the political elite to really give a damn about senior citizens or elder cleansing)
 
Senior citizens who are targeted by people that the Illinois Attorney Registration and Discipline Commission refers to as “judicial officials” are summarily denied all rights as citizens of the United States of America.     All you have to do is take a look at the Sykes case.  (Gloria will have either a documentary or a book eventually)    If your taste runs to the National Socialist – the Gore case will take you right back to 1939.     If you want raw criminality Phelan is replete with it.  (Janet’s book should be out soon – it is either being printed now or will be soon).     Indeed Wyman  meets the test of demonstrating the raw indifference and Tyler and Gore  raw greed.   (John has a book out and is coming out with another).    
 
Rudy Bush writes because after his mother’s estate was pillaged his mother was ‘terminated’ [by the POA who denied his mother a simple procedure, terminating her life and not in accord with the POA/advance directives to take “reasonable measures”] and no one was the least bid concerned – or are they concerned to this day.    Unfortunately, Mr. Bush, is not alone.    Even the GAO has written a report to Congress and guess what!    Not a finger has been lifted to bring this terrorist attack on America’s elderly to an end.   
 
I guess I have to amend that.   The Illinois Attorney Registration and Discipline Commission has acted – on behalf of Illinois Judicial officials – they brought disciplinary proceedings against Attorney JoAnne Denison and myself.    It appears that we exercised our First Amendment Rights and I wrote the Attorney General of the United States and JoAnne maintained a blog in which she allowed some of the victims to detail the crimes against humanity that are the regular fare of the ‘elder cleansing’ cottage industry.     [I invite you to read the deposition of Ms. Denison, the transcript in the proceedings against me, and the evidence deposition of Judge Connors – they are classic and as I understand Ms. Denison has posted them all on line!]
 
The deposition is right here:
 
 
The victims of elder cleansing want more than just media coverage – they want an HONEST intelligent complete and comprehensive investigation and if as we claim laws have been broken and vigorous and appropriate prosecution of each and every villain!    Unfortunately this is not a game – what has happened is that our government has fostered an attack on his liberty greater than 9/11 and no one cares!   Democracy is not a spectator sport.
 
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

From KDD: Increasing our abilites to do good and bring justice to Probate!

The fight against ‘elder cleansing’ has no room for intra battles.    ELDER CLEANSING is a cancer that is eating at our democracy and like National Socialism and communism of the 30’s it will consume our democratic institutions.   
In every organization there will be disputes and there will be factions.   Indeed there will be those persons who are part of the organization for miscreant reasons.    Democracy is inefficient and prone to every disease and malady known to man; however, it is the best system to come down the pike.    In other words, the fact that John Doe make think that I have zero IQ and the last time I had an independent thought was August 9, 1959 is irrelevant and I am duty bound to fight for his right to treat me badly with his words and phrases.      This is the reason that I copy the IARDC and others who fail to understand that Free Speech includes everyone – including those who disagree with me!
I do not know if NASGA is effective or not effective.   All I know is that I have not heard that a grand jury has been active and the miscreants have been called to account for Mary Sykes wrongful isolation, wrongful incarceration, wrongful deprivation of her liberty and property etc.    I do not see FT in jail for his vicious assault and battery on Gloria Sykes.     I read the IARDC deposition of Ms. JoAnne Denison and let me tell you the attorney who conducted the examination behaved in such a disgraceful manner that had she worked for even a marginally ethical law firm she would have been terminated.    The lawyer appeared to be totally unaware of the Rule of Law as set forth by the First Amendment and the United States Supreme court.   It follows that we would not expect her to have knowledge of 74 USCA 230.    THUS WE HAVE ALL BE INEFFECTIVE!
The GAO made a report to Congress – congress did nothing!    I write regularly to our United States senators –  *****.    I write regularly to the Attorney General *****.
I am looking forward to you book!    I have a hope that it will spur a ‘hue and cry.’    I am confident that NASGA, Probate Sharks et al will promote it if they feel that it is helpful to the cause of eradication of Elder Cleansing.    We have a long road to haul –  right today we all have to put our heads down and push forward to first the goal of an HONEST intelligent complete and comprehensive investigation and then for the prosecution of each and every conspirator in the cottage industry of Elder Cleansing.    Unfortunately my friend there is no shortcut and there is no way that we can get around the fact that democracy is not a spectator sport.
Ken Ditkowsky

http://www.ditkowskylawoffice.com/