I sat in a car yesterday to pick up my kids at college, which took about 6 hours, and have some fun them. This Holiday Inn has high speed internet, so that is great (soon as I figured out how to diagnose and fix it!). This is what I drafted up during the car sit. These were the questions I had about the case.
BUT Requests to Admit are a fun tool to use. I saw that Gloria had some in the file and they were apparently filed but unanswered. If that is the case, then they have been deemed admitted by operation of law, other than the fact I think that the court might have told Gloria she has no standing to file anything, which makes no sense since there is a provision in the Probate Act that any interested party can file a Petition to Remove the Guardian, and even just a note. Well, as any attorney knows, the only way to really do a good job at that is to file pre-discovery before filing such a document.
But I don’t know, and I looked at the Probate Cases and I couldn’t find any Illinois cases that talk about how a daughter is not entitled to file something, or serve pre-filing discovery, or anything like that. It just sounds like more AS and CF intimidation against Gloria.
Now that more than one year of pleading have been filed, the pattern of ignoring, snubbing and making Gloria out to be some sort of false pariah in the case when she really has done nothing bad at all–except take excellent care of her mother for 10+ years, I guess it’s just business as usual for those guardians, because once the house is sold, they get paid. Carolyn thinks her Trust is valid and she gets all the money and needs no reporting to anyone.
So read on below.
Requests to Admit. These are directed mostly to the GAL’s. I know these are the questions I have on the case. I think answering such interrogatories would be most important.
The term “GAL’s” refers to AS and CF collectively.
The term CRLTO refers to the Chicago Landlord Tenant Ordinance.
The term “Estate” refers to the “Estate of Mary G Sykes” or case 2009 P 04585.
The term “White House” refers to the home where Mary G Sykes lived, or 6014 N Avondale.
The term “Brown House” refers to the home where Gloria Sykes lived prior to it being destroyed by mold, or 6016 N Avondale.
The term “Gloria” or “GS” means Gloria Sykes
The term “MGS” or “Mary” means Mary G Sykes
“PS” is Peter Schmeidel; “HW” is Harvey Waller; “CT” is Carolyn Toerpe; “FT” is Fred Toerpe; “CF” is Cynthia Farenga; “AS” is Adam Stern
The term “wired” means any type of corruption or preferential treatment in court, including promises of money, position, continued employment in and out of the courtroom, etc. This also includes promises from any judge (Daley center or not), political favor, or court room employee for money, continued employment or preferential treatment.
You are directed to admit or deny the following statements:
1. That you have been told by GS that $4,000 was removed wrongfully from the Pullman bank account of MS in 2009 and you took no action.
2. That you are aware that this action caused MGS to prepare a Petition for an Order of Protection against CT.
3. That you have been told that the removal of $4,000 from the bank account of MGS was allegedly to start a retirement account for MGS.
4. That you have been told that the removal of $4,000 from the bank account of MGS was purportedly to start a retirement account for MGS
5. That you knew that MGS at age 90+ was ineligible for a retirement account pursuant to IRS rules, regulations and/or statutory law.
6. That at the time, MGS was not in need of establishing a retirement account.
7. That you did not serve any discovery upon Pullman Bank regarding the withdrawl of the $4,000.
8. That you did not track the $4,000 from Pullman Bank to any other bank account and find out who moved it and when.
9. That you are not interested in whether CT misappropriate $4,000 from the funds of MGS and therefore did not conduct any proper investigation.
10. That GS paid two mortgages for approximately 10+ years.
11. That GS paid the mortgage on 6014 for approximately 10+ years.
12. That GS paid the mortgage on 6016 for approximately 10+ years.
13. That the income of MGS was substantially $1900 per month in the year 2010.
14. That the income of MGS from 2005 to 2010 was $1900 per month.
15. That the income of MGS being only $1900 per month was insufficient to pay all the expenses of MGS.
16. That MGS prefers to eat vegetarian.
17. That MGS prefers to eat vegetarian and organic.
18. That CT does not provide MGS with organic, vegetarian food which MGS prefers.
19. That GS always fed MGS a vegetarian diet.
20. That GS regularly bought MGS high quality vegetarian food.
21. That GS regularly shopped for MGS at Whole Foods.
22. That GS regularly purchased a meal plan from Ambutol in Chicago.
23. That you are aware Ambutol prepares gourmet vegetarian meals.
24. That GS provided MGS with gourmet vegetarian meals from Ambutol.
25. That CT does not shop at Whole Foods for the food for MGS.
26. That CT does not provide as many vegetarian, organic foods as she can for MGS.
27. That no GAL has ever recommended setting up a retirement account for a 90+ year old person, that you have ever head of.
28. That you have never obtained any bank records from Pullman bank regarding the $4,000 withdrawal.
29. That you were aware that CT was the Respondent in a Petition for an OOP in 2009.
30. That prior to appoint CT as Plenary Guardian you did not properly inform Judge Connors of this fact.
31. That when CT was appointed Plenary Guardian in Dec. 2009, you did not inform Judge Connors that the jurisdictional 14 day notice of hearing was served upon the two sisters of MGS.
32. That when CT was appointed Plenary Guardian in Dec. 2009, you did not inform Judge Connors that the jurisdictional 14 day notice of hearing was never served upon sister Josephine.
33. That when CT was appointed Plenary Guardian in Dec. 2009, you did not inform Judge Connors that the jurisdictional 14 day notice of hearing was never served upon sister Yolanda.
34. You have never informed the court it has been acting without jurisdiction.
35. PS has never informed the court it has been acting without jurisdiction since Dec 2009.
36. HW has never informed the court it has been acting without jurisdiction since Dec 2009.
37. A competent attorney would have promptly brought this issue to the court’s attention promptly after having been discoveed.
38. KD and Gloria have been repeatedly informing you that the Probate Court is acting without jurisdiction.
39. HW has admitted that no 14 day notices were timely served on sisters Yolanda and Josephine prior to the hearing appointing CT.
40. HW has admitted on the record that no 14 day jurisdictional notices were timely served on Gloria prior to the hearing appointing CT.
41. That the doctor’s report presented with CT’s Petition for Guardianship in July 2009 was legally deficient in that it was not signed by a medical physician that actually conducted the examination.
42. That Dr. Motckya who signed the CP211 form was in fact a PsychD.
43. That Dr. Motckya who is a PsychD cannot sign a CP211 pursuant to the Probate Act for the purposes of presenting a Petition for guardianship.
44. That counsel for GS repeatedly asked for discovery prior to appointing CT as PG in Dec 2009.
45. That GS was repeatedly denied any requests for discovery prior to appointing CT as PG in Dec 2009.
46. That you did not tell the court that GS was entitled to discovery in this case in Dec 2009.
47. That you have never, in fact told the court GS should be allowed discovery.
48. That AS knowingly filed a wrongful petition for sanctions against KD.
49. When AS filed a petition for sanctions against KD, both GAL’s knew he never had appeared in the Probate Court.
50. That the filing of ARDC complaints against KD and JMD for expressing opinions on a blog constituted a violation of the Illinois CPA. 735 ILCS § 110 et. Seq.
51. As a GAL, the filing of that ARDC complaint against KD brings liablity to the estate.
52. A GAL that brings liability to a ward’s estate should immediately report it to the court and be removed.
53. The reason why AS was not sanctioned by the the Probate Court for filing a false Petition for Sanctions against KD is because the court is wired–or it sure looks like it.
54. AS filed a Petition to Disqualify JMD as counsel for Gloria because as CF said JMD will assuredly “paper me [meaning the GAL’s to death].”
55. JMD accordingly became the subject of a Motion to Disqualify (“MTDQ”) filed by AS and endorsed by CF because she is a competent attorney.
56. CF and AS knew that the filing of a MTDQ JMD was wrongful and in derrogation of well established law.
57. CF and AS misrepresented to the court they had sufficient grounds to file the MTDQ when in fact they did not.
58. That in Dec 2009 GS had filed a number of pleadings, and AS asked the court to strike all the pleadings of GS because she was pro se.
59. That those pleadings in Dec 2009 were in fact filed pro se and so there was no reason to strike those pleadings.
60. That only sleezy, underhanded attys pull such stunts mentioned in the two prior RFA’s.
61. That CF and AS meet the description in the last RFA.
62. That I am not surprised either one would pull such a low down stunt.
63. That you have been informed by numerous family and friends that Gloria took excellent care of her mother for 10+ years.
64. You have been informed that Gloria returned from California after her father died to take care of her mother.
65. You have been informed that Gloria provided Mary with designer clothes to wear.
66. You have been informed that Gloria provided Mary with monthly trips to the salon for hair and nails.
67. That the Probate Court trashed Gloria’s care plan on purpose.
68. That Gloria’s care plan was more than adequate.
69. That while Gloria didn’t know the name of Mary’s one hypertension medication, she knew what a CBC was and the judge didn’t.
70. Most people know that a CBC is a Complete Blood Count or Blood Panel and it is an essential part of a regular physical.
71. One of the reasons the court trashed Gloria’s care plan was because Gloria lived upstairs and Mary lived downstairs at 6014 N. Avondale (“White House”).
72. CT has a two level home with a basement.
73. The court did not have a problem with the fact that Mary’s bedroom was on the second level and the other living areas were o the first floor of CT’s home.
74. Mary lost 10% of her body weight due to a sore throat that lasted a week before CT dropped Mary off with Gloria.
75. Mary subsequently required several trips to the emergency room which were not reported to the court.
76. Gloria recognized that something was very wrong with Mary and took her to the doctor the day Mary was dropped off.
77. That CT represented to the court that family would care for Mary during the day when she was at work.
78. That subsequent to the appointment of CT, her daughter Kristen moved out of the home.
79. That subsequent to the appointment of CT, FT did not want to care for Mary during the day.
80. That subsequent to the appointment of CT, FT did not in fact care for Mary during the day.
81. That Dr. Rabin signed and submitted a report to the court indicating Mary was incompetent.
82. That Dr. Amdur signed and submitted a report to the court indicating Mary was incompetent.
83. That Mr. Motckya, PsychD signed and submitted a report to the court indicating Mary was icompetent.
84. That you reviewed these reports and agreed with their accuracy.
Each of the following questions refer to the “Doctor’s Reports” of Amdur, Rabin and Mr. Motckya, PsychD and the “Competency Examination.”
85. You either knew or should have known at the time Mary wore custom hearing aids.
86. Mary’s hearing was not tested before the Competency Exams were completed.
87. You knew or should have known at the time Mary suffered from time to time with hypoglycemia or low blood sugar.
88. A CBC or Blood Panel was not conducted immediately before any Competency Examination.
89. That in derogation of CT’s care plan, Mary has been put in “adult day care” for low functioning adults.
90. That while Mary was in “adult day care” she could have been living
91. That prior to this, Mary wrote checks, was involved in the neighborhood gardening club, walker around her neighborhood nearly every day, walked to and from her doctor’s office and was very involved with her community.
92. That Mary is now isolated with limited phone calls and visits from family.
93. That the guardian CT is careful to isolate Mary from family.
94. That CT claims that Mary is upset by Gloria when in fact Mary is upset when Gloria is around because she wants to go home.
95. That CT claims Mary is upset by Gloria when in fact Mary asks Gloria to get her an attorney so she can go home.
96. CT saw Mary only a few times per year before summer of 2009.
97. CT filed a Petition for Guardianship because Mary filed a Petition for a Protective Order for wrongfully withdrawing $4,000 from her Pullman bank account.
98. That you have been told that Carolyn drilled out Mary’s safe deposit box at Pullman Bank.
99. That Gloria was also listed as a joint owner of the safe deposit box.
100. That you have been told that valuables amount to X were found missing from the safe deposit box.
101. That you have not investigated the missing contents.
102. That you have not informed the Probate Court that CT drilled out a safe deposit box owned by Gloria without her permission.
103. That you have been told that CT had Gloria’s Chase safe deposit box drilled out and the content removed.
104. That the contents of Gloria’s safe deposit box was approximately $5,000.
105. That you have not obtained the records from Pullman (now US Bank) regarding the drilling of Mary and Gloria’s safe deposit box.
106. That you have no obtained the records from Chase regarding the drilling out of Gloria’s safe deposit box.
107. That CT believes she is the Successor Trustee (“ST”) in the Mary G. Sykes Trust dated 2005(“Mary’s Trust”), when in fact she is not.
108. That Mary’s Trust names Mary as the initial Trustee and also the Trustor which violates the Statue of Uses and renders the entire Trust document invalid.
109. That KD and Gloria have repeatedly informed the GAL’s that Mary’s Trust is invalid because it violates the Statue of Uses.
110. That CT filed an eviction proceeding against Gloria based upon her position as ST under Mary’s Trust knowing that this trust was invalid for violating the Statue of Uses.
111. Because CT was not in fact the ST of Mary’s Trust, the eviction was wrongful.
112. CT’s wrongful eviction has created substantial liability upon the Estate of Mary Sykes.
113. CT also turned off the gas for the White House where Gloria was living in 2010, which in fact violated the CRLTO.
114. Because she violated the CRLTO, CT has brought upon the Estate a possible violation fine of $200 to $500 per day.
115. Because CT violated the CRLTO for several months, CT has brought upon the Estate a possible violation totaling more than $5,000.
116. Because CT violated the CRLTO for several months, CT has brought upon the Estate a possible violation totaling more than $10,000
117. AS and CF should have filed a Petition for the Removal of CT for shutting off the gas where Gloria was living based upon these violations of the CRLTO creating massive liability to the Estate.
118. Because AS and CF failed to remove CT for wilfully violating the CRLTO, they should have been removed as GAL’s.
119. In winter of 2010, PS called Chase, Gloria’s mortgage holder and told Chase the brown house was abandoned.
120. PS convinced Chase to “secure the property.”
121. Gloria arrived home one day to find herself locked out of the Brown House, her secuirty cameras were disabled and the security system disabled and tampered with.
122. Gloria arrived home to also find that interior walls in her Brown House were trashed, rendering the property completely uninhabitable–well beyond any remaining mold remediation.
123. Gloria arrived home one day to find all of the furnishings remaining in her brown home were put in the snow behind her home.
124. When Gloria’s home was locked and trashed, the GAL’s were promptly informed and failed to investigate.
125. The GAL’s have told the Probate Court the Estate has a valuable interest in the Brown House and it should be partitioned.
126. The prior statement is in fact a lie because the GAL’s have been informed repeatedly that Gloria owned the Brown House and Gloria only put Mary G on title as a joint owner as a testamentary convenience.
127. That all the family members except CT agree that the Brown House is Gloria’s and the White House is Mary’s.
128. That Gloria paid the mortgages on both homes for approximately ten+ years.
129. That you were told repeatedly Mary’s income for ten+ years was approximately $1900 per month which was insufficient for her to pay her $1000 per month mortgage, plus utilities, clothing and other expenses.
130. The GAL’s failed to investigate the severe destruction of the Brown House because they, as well as PS, desired to ensure Gloria was rendered utterly homeless for the purpose of intimidation.
131. The GAL’s failed to investigate the severe destruction of the Brown House because they, as well as PS, desired to ensure Gloria was rendered utterly homeless for the purpose of intimidation.
132. The GAL’s failed to investigate the severe destruction of the Brown House because they, as well as PS, were operating in a wired courtroom.
133. The GAL’s failed for file a Petition to Remove Carolyn for violating the RLTO because they were operating in a wired courtroom.
134. On May 11, 2012, you informed the Probate Court that Mary’s $1 million in gold coins was “Gloria’s fiction.”
135. At that time, you did not inform the Probate Court how sister Yolanda could confirm Mary’s ownership of the coins and how they were in the safe deposit box before CT drilled it out.
136. At that time, you did not inform the Probate Court how sister Josephine could confirm Mary’s ownership of the coins and how they were in the safe deposit box before CT drilled it out.
137. At that time, you forgot to inform the Probate Court how sister Yolanda could confirm Mary’s ownership of the coins and how they were in the safe deposit box before CT drilled it out.
138. At that time, you forgot to inform the Probate Court how sister Josephine could confirm Mary’s ownership of the coins and how they were in the safe deposit box before CT drilled it out
139. That you have not conducted a complete and independent asset search for CT’s accounts.
140. That you have not conducted a complete and independent asset search for FT’s accounts.
141. That Mary wrote in her own handwriting (“Mary’s Directions) in Sept. 2009 that she wanted an attorney and wanted to live at home until she died.
142. That you told the Probate Court that Mary’s Directions were dictated to her by someone else and she did not know what she was writing and this was a false statement
143. That videos were posted on youtube.com and Vimeo.com which firmly confirm Mary’s Directions (“Videos”).
144. Those Videos show Mary writing once again she wanted to live in her own home until she died and to have Gloria and Carolyn care for her there.
145. You are aware that Gloria holds the last valid and enforceable Power of Attorney for Health Care from Mary. (The “POA”)
146. This original POA document was produced in court in December of 2009 and the court ignored it.
147. You initially told the court that this original POA document was a fake.
148. When it shown to you and the court and it was determined it was an original and valid, Judge Connors summarily invalidated the document, without findings or a hearing.
149. Judge Connors quipped it had to have been produced sooner–yet Gloria had mentioned it to her in several prior court status hearings and Gloria’s requests to effecutate this document were ignored.
150. That a person who can pass an Illinois written Rules of the Road test does not have dementia.
151. That a person who can pass an Illinois written Rules of the Road test does not have severe dementia.
152. That a person who passes an Illinois written Rules of the Road test in January should not be declared incompetent later in July of that same year based upon a diagnosis of dementia, which is a chronic, progressive disease.
153. That filing a motion to Disqualify JMD for merely notarizing a document is improperl
154. That the notary clause in the document only stated the person appearing before the notary was in fact known to the notary to be that person and nothing more.
155. That the GAL’s misrepresented to the court that JMD would be used to testify to show Mary’s competence or incompetence in August 2008.
156. That JMD was never called to testify regarding the competence level of Mary.
157. That the issues regarding the Lumberman’s funds disbursing payment in August 2008 (“Lumberman’s Settlement) are full and final and may not be attacked in any court of law.
158. That 735 ILCS § 1401 provides in its pertinent part that an attack on a judgment must be brought within 2 years of the date of entry of judgment and therefore the Lumberman’s Settlement may no longer be attacked.
159. That Gloria’s funds were illegally frozen in 2009, and the wrongful freeze continued to the date of this pleading.
160. That in August of 2012 the GAL’s should have asked the court to unfreeze all of Gloria’s funds because the time to attack the Lumberman’s Settlement had passed.
161. That in Dec 2009, HW wrongfully caused all of Gloria’s funds at Chase to be wrongfully frozen, rendering her penniless for more than a week.
162. That the freezing of all of Gloria’s accounts in Dec 2009 in excess of the Order entered by the court was wrongful, bringing substantial liability upon the Estate.
163. That the freezing of all of Gloria’s accounts in Dec 2009 should have created cause for the GAL’s to remove CT as plenary guarding for the wrongful actions of her counsel.
164. That a guardian is legally responsible for the wrongful actions of her counsel.
165. That you enjoy terrorizing Gloria.
166. That it was funny that you complained Gloria had no current address when it was your plan all along to render her homeless and penniless.
167. That this put a crimp in your evil plans.
168. That no one cares you never have a master plan of evil.
169. That PS’s evil deed on the 6016 home (“Gloria’s Home”) is pretty much going the same way, that is, south.
170. That the mortgage on the home of approx. $200,000 is likely more than the home is worth.
171. That it is not worth partitioning this house.
172. That you have not figured this out.
173. That mini-me had better master plans of evil than CF and AS.
174. That your filing of ARDC complaints against KD and JD are about the same as whining like a 3 year old girl that has wet her pants and it feels real yucky now.
175. That you have exerted undue influence in the 2009 P 4585 Probate Case (“MGS Case”).
176. That you are aware that the MGS Case was wired.
177. That you are aware that the appointment of CT as Plenary Guardian was wired.
178. That the Probate court is about as corrupt as the Circuit Court was in the days of Greylord.
179. That you form an integral part of this corruption.
180. That you just don’t care anymore because the money is just too damn good in this poor economy.
Easy peasy Discovery
See attached Table of Torts.
1. Identify any statement(s) which you believe are incorrect and provide a corrected statement in lieu thereof.
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