One of the things that bothers me in a most major respect is how Ken Ditkowsky can be accused of lying about the Sykes Probate Case when in fact Ms. Black at the ARDC has shown no knowledge of the facts of the case. It makes it look like she was “told to” file a complaint against KD without any facts before her.
Now, as an “ordinary” licensed lawyer, I would get in big trouble for that. No, let me correct that, HUGE HUGE trouble for that. In federal court they have Rule 11 where you can be sanctioned if you do not first make a reasonable investigation of the facts or the BS your client has told you. In state court, it is a different rule, but nonetheless, an important rule. Believe it or not, lawyers cannot actually file claims and lawsuits just based upon pure client BS.
So what is Ms. Black up to and why is my question to her. She admitted in her answers to KD’s Requests to Admit that she did not have sufficient facts really to determine if many of the statements made in her complaint against him were true or untrue.
So, the intrigue continues. I have told her KD is telling the truth. I know the family and I know Gloria. The Probate Proceeding was non jurisdictional and railroaded. What happened?
so please read on below and I will in fact publish all those transcripts on this blog and post a page with links.
FAX TRANSMITTAL SHEET
Fax 312-565-2320 From: Admitted Ill., N. Carolina and Patent Bars
JoAnne M. Denison, Pat. Atty. Reg. No. 34,150
DENISON & ASSOCS., PC FAX 312-553-1307
1512 N Fremont St, #202 CELL PH 773-255-7608
CHICAGO, IL 60642 PHONE 312-553-1300
JoAnne@DenisonLaw.com or http://www.DenisonLaw.com
Federal Patents, Trademarks & Copyrights
Marianne Buckley, Associate, Of Counsel
Troy Sieburg, Associate, Of Counsel
This facsimilie message contains attorney privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, collect, and return the original message to the above address. You will be reimbursed. Your cooperation is immensely appreciated.
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Pages in fax, including this coversheet – ( 2 + 4 PDF files to come )
May 10, 2012
Re: JoAnne M. Denison , In relation to Cynthia Farenga’s Complaint AND
Kenneth Ditkowsky, the Sykes Probate matter
PLUS my request to open an investigation against Cynthia Farenga, Peter Schmeidel, Adam Stern, Harvey Waller
TRANSMISSION OF TRANSCRIPTS
Dear Ms. Black;
Without waiving my representation by Mr. Ditkowsky, who is aware of this communication, attached is are portions of the Probate File transcripts which have been imaged–as promised You will eventually get 16 files, and I have just ordered the rest to get to you. You should already have the following documents via fax for the above files:
1. Table of Torts for April 2012, which I will periodically update.
2. Probate file (imaged portion) Dec 1 2011 to April 1 2012 which contains the improper behavior of Peter Schmeidel, Adam Stern and Cynthia Farenga which has occurred in Probate Court. It supplements the “table of torts” which serve as a basis of complaints against these individuals.
3. Probate file (imaged portion) Mar 2011 to Nov 2011, faxed May 8, 2012.
If you lose or misplace any of the above, these can be easily located at http://www.MaryGSykes.com. While I do not think 99% of ARDC complaints need to or ought to be made public, I am 100% sure that Probate Case No. 2009 P 4585 involving AS, CF, PS and HW is so filled with grave injustices against Mary G and Gloria, the entire matter MUST and OUGHT to be published.
Unless and until I have heard that this has been accomplished, I will work on getting the feds involved, or the court corruption attorney prosecutors located at 219 S. Dearborn in Chicago. I had to do this once before in Probate and once I shipped over a packet of info, the craziness in court all of a sudden stopped. I guess a phone call was made. That was a great story I will save for another day.
I also wanted to let you know the other day I was in FED Court or Forcible Eviction and Detainer Court. (True story). This is on the 14th floor. I can tell you that I have been in this court for clients a number of times and seen dozens of cases dismissed for lack of proper jurisdictional notice over those 5 day notes. Yesterday, regrettably I had to dismiss my client’s case. I didn’t want to waste his time or money. Unfortunately, my client had a prior lawyer and this lawyer was told that the eviction case involved a land contract or an agreement to purchase the property within a certain time period. For some reason, the lawyer had my client serve a 5 day notice to the tenant as if the tenancy were on a month to month basis. When we received the file and noted that both parties agreed in answers to discovery that this was in fact a land contract arrangement, I had to inform the client that the law was in land contract situations (there is a separate set of laws for these apart from the Chicago Landlord Tenant Ordinance), that a 30 day notice had to be served. Yesterday I had to agree to a non suit.
Oh, I talked to the judge about it, told him the 5 day was served in good faith, etc., but he was firm that a jurisdictional notice requirement was strict and severe and required dismissal and he could not take any action on the subject matter of the case. I understand. It’s due process and it’s constitutional. The Illinois Supreme Court has made that clear. There are two cases on this. Read the language I have outlined. (will fax later today) Due process and notice jurisdiction is strict and severe.
I don’t like “jurisdictional notice requirements” in Illinois laws either when I have to withdraw or have one of my cases dismissed and start all over again. This means if you don’t strictly comply with the form, content, and method of notice, the court may not take jurisdiction over a matter. All orders will be void ab initio. All lawyers involved may incur serious liability, malpractice or otherwise. You get in the middle of the case, do discovery and find out jurisdiction is lacking and an honest lawyer informs the court promptly and asks for a dismissal. I had to do just that yesterday. BUT, they are important due process and constitutional protections afforded citizens with human and civil rights. And in the long run, what makes the US great is our extreme attention and compelling dedication to the protection of human and civil rights, meaning all due process protections are highly regarded.
For some reason, the FED judges on the 14th floor understand this concept, generally carefully reviewing each and every new case to make sure the 5 day notice was correct and was served strictly in compliance with the statue. But, then just four floors above in the Probate division, the judges there for some reason ignore all of it–due process, proper 14 day service on close family members and do as they please.
Soldini was clear that 14 day notice requirement prior to hearing is jurisdictional. It cannot be waived and the case should and MUST be dismissed at anytime this issue is brought to the attention of the judge.
What is happening here? KD believes that such a serious violation where both 2 Probate judges and 2 GAL’s and 2 Illinois licensed attorneys are involved and everyone ignores jurisdictional notice requirement of 14 day prior notice to a hearing to Gloria and the sisters Yolanda and Josephine, especially when combined with 1) family members reporting and insisting Mary G wants an attorney; 2) Mary G asking Gloria to find KD who is her desired attorney and he is not allowed to intervene (Gloria did NOT know that name before that conversation–she got it from her mom); 3)the GAL’s say Mary waived her right to an attorney; 4) the GAL’s say Gloria “consented” to an agreement to appoint a guardian, etc. and the rest of the funny stuff in the case (see my Table of Torts), the entire case looks like the old days of Greylord.
Worst part about it is the case has gone on now for 2 years. Two years and we have 6+ bar admitted Illinois lawyers spend time, resources and estate money, holding an 93 year old woman in a place she has not chosen–all because these 6 lawyers (2 judges, 2 GAL’s and 2+ lawyers for the estate), don’t get the onerous and most serious burden of jurisdictional notice.
And this is a serious continuing violation. Every day this case goes on, the limitations period is NOT tolled for any of this tortious ultra vires behavior that began in July of 2009. Day by day, each of the lawyers involved that continue marching forward incur more and more liability for themselves and the estate. None of them can apparently pound their ego down (as I demonstrated yesterday that I can) and admit that the entire Sykes matter is without jurisdiction, nonsuit it, let Mary G go home, let Gloria go home, give Gloria back her Indiana frozen funds and start the case all over.
Look at the FED cases. After 2 years of litigation, a long and winding decision about how the RLTO should be interpreted regarding numerous violations the parties protractedly argued about one short sentence at the end said it all–the 5 day notice was only served by slipping it under the door and therefore we MUST vacate the landord’s judgment AND dismiss because the Circuit Court had no jurisdiction ab initio.
Two years of protracted, heated litigation down the drain. Two years. And in the end, due process won. The constitutional rights of Illinois and US citizens won. These documents are not just scholastic torture for the 6th grade kiddies–they are important legal documents that should control the behavior of the courts instead of the other way round.
No notice means no jurisdiction. The only way around this is to get a signed waiver of the jurisdictional notice, and neither Gloria nor the sisters Yolanda nor Josephine have signed such a document or told the court that on a transcript record (you will be receiving each and every one of these–you find the consent). Every one agrees on that.
KD is right to call for an investigation. That was and is his constitutional right.
He has recently transmitted to me additional law on this issue and I will provide you with a memoranda, but from what I’ve seen so far, the constitutional right to protect free public speech bearing upon public issues is a “special” protected right of the highest demand for absolutely no protections.
So then, why is this happening in the Sykes case, and why is there anything wrong with Ken Ditkowsky calling repeatedly for an investigation. He is old enough to recall the problems involved in obtaining justice during the Greylord years. I was admitted the year Greylord was over and 90% of the Daley Center was cleared of its corrupt judges. I had heard corruption was so bad, the attorneys were openly handing envelopes stuff with cash right over the bench and saying “Merry Christmas” to these judges. And it was not once in a while, but for years, and the ARDC sat by and did nothing, even with a barrage of complaints from the public and other honest lawyers.
Since I have gotten to know KD he is one of the most honest, caring lawyers that I have met. He has bent over backwards many times to help Mary and Gloria obtain justice. Why pursue him?
Gloria says she was involved in the Gacy case and apparently the CPS knew young boys were disappearing from their classrooms and did nothing. She was one of the first investigative reporters on the case right after Gacy was arrested. The CPS did not promptly inform parents there was an apparent pattern. They did not inform the authorities so perhaps a dozen or more boys died needlessly.
I know that no one likes to think our courtrooms are wired, or that the authorities ignore the elephant in the room, but it’s people like KD and myself and Gloria that are outraged at such conduct. We are vociferous and will be vociferous, and if those loud protestations wind up in a blog on the internet because the courts are wired and none of 6+ lawyers involved in that case simply “don’t get it”, and the ARDC turns a blind eye and deaf ear, then so be it. That’s what we will all do. And we are NOT going away, even after numerous 1983 violations, CPA violations, etc. We will still be on the internet’s door protesting so the public knows what the govt is spending money on–deny human rights.
Look at the Probate file, see what Gloria is repeatedly filing to protest her becoming homeless and penniless due to the behavior of the above miscreants–and worst of all, denying her of her beloved companionship of her elderly mother. She is right.
Thank you for your consideration and prompt cooperation in this matter.
Very Truly Yours,
DENISON & ASSOCS, PC
Joanne M. Denison
PS–I think it is just easier for you to get the PDF files by email, but you said I could not email you anything yet on this case so I am faxing it to be sure I have a return receipt.
PPS–if you are doing a lot of paper faxing, I have found efax.com where you just get PDF files in your email is much better for longer faxes and I get people to use that. And I don’t have to worry about anything sitting unattended on the fax machine.
Cc: Ken Ditkowsky, via email