A Motion to Dismiss/Non Suit for 09 P 4585 prepared just for Gloria

Dear Readers;
The RTF version of this has been sent to Gloria and KD has strongly recommended to her she file it ASAP.
The next version will be for Kathy.
I would love to see each of Cynthia Farenga, Gloria Sykes and Kathy Bakken get to court and motion this up and all present it on the same day.
And Adam, I would never leave you out.  Let me know if you want me to do one for you too!
thanks
JoAnne
Attorney Code Pro Se
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, PROBATE DIVISION
In Re the Estate of
Mary G. Sykes,
An Alleged Disabled
No.: 09 P 4585
Hon. Jane Louise Stuart
NOTICE OF EMERGENCY MOTION
To: See attached service list:
Please take notice, that on the ___ day of August, 2010, the undersigned will appear before the Honorable Judge Jane Louis Stuart or any judge sitting in her stead in the courtroom usually occupied by her in Room 1814 of the Richard J Daley Center, Chicago, Illinois, and present the attached EMERGENCY MOTION TO DISMISS/NON SUIT FOR LACK OF SODINI JURISDICTION, and true and correct copes of which are attached hereto and served upon you.
RESPECTFULLY SUBMITTED,
_______________________________
Gloria Sykes, daughter,
Pro Se
Prepared By:
Gloria Jean Sykes
6016 N. Avondale Ave
Chicago, IL 60631
Phone: 773-910-3310
email: gloami@msn.com                                     Attorney Code # Pro Se
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, PROBATE DIVISION
In Re the Estate of
Mary G. Sykes,
An Alleged Disabled
No.: 09 P 4585
Hon. Jane Louise Stuart
EMERGENCY
MOTION TO DISMISS/NON SUIT FOR LACK OF SOLDINI
JURISDICTION/LACK OF PROPER NOTICE OF HEARING ON
PETITION FOR GUARDIANSHIP
This motion is brought by Gloria Jean Sykes, daughter of the above Respondent, who is an interested party and should have been named in Exhibit A to the Petition for Guardianship filed by Carolyn Toerpe in the above proceeding and is made pursuant to Probate Code 735 755 ILCS § 5/11a(f) requiring written Notice for any Hearing on Guardianship be provided by the Petitioner in the matter to all close relatives (as defined by the Probate Act) and served no less than 14 days in advance of the hearing.  The one and only necessary ground for this motion is that Petitioner, Carolyn Toerpe, and her attorneys of record, failed to serve ANY close relatives as required under this Probate Code section with ANY written form of notice 14 days in advance of the hearing date, as declared in the attached pleadings recently brought to my attention.
The grounds for this motion are:
1.      The Illinois Probate Act 755 ILCS § 5/11a:
(f) Notice of the time and place of the hearing shall be given by the petitioner by mail or in person to those persons, including the proposed guardian, whose names and addresses appear in the petition and who do not waive notice, not less than 14 days before the hearing.  755 ILCS § 5/11a. (Emphasis added).
2.     The Illinois Probate Act define the required notice be served upon adult children     and siblings of the Respondent.  In the above case, Mary G. Sykes has two adult     sisters, Ms. Yolanda Bakken and Ms. Josephine DiPietro, as well as a daughter     Gloria Sykes who should have been served under 755 ILCS § 5/11a.
3.     Attached is a declaration, Exhibit A, from one of the elder sisters, Ms. Bakken,     attesting to the fact that she was not served in accordance with 755 ILCS § 5/11a     (f).
4.     Attached hereto is a second declaration, Exhibit B, from the undersigned adult daughter Ms.     Gloria Sykes (“Gloria”) attesting to the fact that she was not served any Notice of     Hearing on Petition as provided for in 755 ILCS § 5/11a(f).
1.     The case, In re Sodini, (cite) (Exhibit C, hereto), makes it clear that these notices are     jurisdictional in nature and must be served strictly in compliance with the procedure     set forth by the Illinois State Legislature.  In Sodini, the adult sisters were not served with proper notice and the case was dismissed for want of jurisdiction.  (Cite).
2.     WHEREFORE, I respectfully request that
a.     The above cause of action be dismissed/non suited for lack of jurisdiction;
b.     All orders, including an Order to invalidate Ms. Gloria Sykes’ Power of Attorney be voided Ab Initio.
c.     All orders freezing Gloria’s assets be voided Ab Initio
d.     Mary be allowed to freely return to her home.
e.     Carolyn Toerpe be barred from conducting any mental or psychological examination on Mary G. Sykes.
f.     Carolyn Toerpe be permanently barred from ever filing an Illinois CCP 211 or its equivalent until further order of the court and for good cause shown, bearing in mind she instigated, continued and fomented a Probate Cause lacking jurisdiction since December 7, 2009 or nearly three (3) years, causing great harm, stress and hardship to Mary G. Sykes and her immediate family;
g.     And for any additional relief and remedies deemed proper by this honorable court.
RESPECTFULLY SUBMITTED,
_______________________________
Gloria J. Sykes, Daughter, an interested party
to Respondent, Mary G. Sykes
Prepared By:
Gloria Jean Sykes
6016 N. Avondale Ave
Chicago, IL 60631
Phone: 773-910-3310
email: gloami@msn.com