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
Wednesday, August 1, 2012
Tuesday, July 31, 2012
A letter from Ken to Mr Moossy, Head of Civil Rights Division
Mr.Robert J Moossy
I am disappointed by the cavalier dismissal of
the Request
for an honest investigation of what is reputed to be the worst of the
‘dirty
little secrets’ that plague the elderly in the United States. Yes,
these cases emanate from the Probate
Courts; however, so did the Gulag cases the emanated out of Soviet
Russia. The National Socialists were also used the ‘probate
courts’ to eliminate troublesome people.
The appeal was made to your office because in spite of the
Government Accounting Office report of September last to Congress the arrogance
of the miscreants who prey on the elderly has grown bolder. Literally hundreds of senior citizens are
herded into guardianships that are designed to deprive them of the liberty,
property, human and civil rights. The
Mary Sykes case is a pregnant example.
The case defies logic and leaves even the casual observer wondering: “how
could this happen in America?’
The facts are very straightforward. Mary at 90 years old (plus or minus a year
or so) was taken by her elder daughter to a lawyer, and when she emerged her
estate plan that divided her estate equally between her two daughters now favored
the elder daughter. I realize that
such a situation is SOP but it did not end at that point. Mary in an effort to right a routine family
situation set for a series of events that are now infamous, to wit:
1) Order of Protection. In early Spring of 2009 she discovered that the elder daughter was finding Mary’s
assets before they were lost. Mary made
an effort to remediate the situation, but was unsuccessful. She applied to the Courts for an order of
protection. Circuit Court of Cook County personnel helped
her and a petition was filed. The
older daughter appeared and some ‘Greylord’ appearing events occurred. The long and short was that the Petition was
never heard, the lawyer appointed for Mary never appeared, and the case was transferred
to the Probate Court where it was never heard.
2) Petition for Guardianship. In the Spring of 2009 (approx. April) the
older daughter applied in the Circuit Court to be appointed Guardian of her
mother. The Illinois statutes are a
model. To protect the alleged
incompetent person the statute requires that the petition list all the close
relatives of the alleged incompetent and 14 days prior to a set hearing on the
issue for guardianship the close relatives have to be notified of the
proceeding. In addition special warnings
and other protections are set out in the statute so that the alleged
incompetent is not ambushed. These
include the appoint of a guardian ad litem, and even the appointment of an
attorney for the alleged incompetent.
Unfortunately, the statutory criterion was ignored[1]. In Approximate December according to an
e-mail sent by one of the GALs the appointment of a plenary guardian was accomplished by the
agreement between the two guardian ad litem and the now plenary guardian older
sister. The Judge is reported in
transcripts to have made some very disappointing statements that have caused
this situation to be named: “The son of
Greylord.” The case of Sodini ______________________ deems these simple steps to be
jurisdictional. Thus to reiterate, the
Court record reveals a petition that is defective, no 14 days’ notice, no return of the notice,
and admissions by the GAL of non-compliance.
3. Guardian ad litem. Case after case reveals the situation in
which guardian ad litem are active thwarting any application of the statutory
protections mandated to be afforded the elderly and any inquiry by outside
interests. In simple terms, if there is vulnerable elderly person with
some money to loot a small cadre of Guardian ad litem are on the scene to aid
and abet the taking of the liberty, property and civil rights of the elderly
person. Thus, in what was inventoried
as a garden variety estate, two GALs were appointed. These two guardian ad litem were unusually
active in thwarting any effort by close relatives to object to the railroading
of Mary Sykes into the loss of her liberty and property. The record is replete with their highly
unusual (or what should be highly unusual antics). As examples:
·
The victim (Mary Sykes) was almost totally
isolated from her younger sister (aged 80 plus) her younger daughter, her
church, her garden club, and every activity that made her unique and alive.
·
A safety deposit box (in her name and her
daughters) was drilled and all the contents were removed. The contents included but not limited
thereto to ‘double eagles’ and other gold coins, jewelry, cash. (Ms. Gloria Sykes ‘ affidavit is attached
hereto and made part hereof as exhibit 1)
No one dime of these assets has been inventoried and today the guardian
ad litem and the guardian ad litem claim the estate is down to its last
dollars.
·
Intimidation.
The guardian ad litem’s actions toward the younger daughter are
demonstrative.
o
Knowing that the younger daughter after
protracted litigation received a generous settlement of a hazard insurance
claim, Guardian ad Litem Cynthia Farenga asserted that the funds were stolen
from Mary. Thereupon, a temporary
restraining order was entered without bond – and it appears without a verified
petition or hearing.
o
Denial of visitation with Mary
o
Threats to attorney of loss of law license[2]
o
Threats of sanctions. (By
in large the threats have been successful.
Gloria Sykes has been unable to keep a lawyer employed. Her lasted lawyer is from Indiana and even
he received a telephone call reasonably calculated to discourage him)
·
The most disturbing aspect of these cases is the
GALs are successful in creating the façade that everything is fine. The affidavit of Mr. Scott Evans is
attached hereto and made part hereof as exhibit 2. The GALs did not report:
o
Unusual expenditures by the plenary
guardian. With the recession in full
swing, and with her husband unemployed, an expensive wedding on the horizon,
and retirement imminent the plenary guardian engaged in very expensive remodeling
of her home.
o
Unusual number of trips by ward to the emergency
room
o
Non-inventory of approximately a million dollars
in estate assets
o
Lack of hearing on the order of protection and
in particular the appointment of the respondent in the order of protection
proceeding sans the jurisdictional protections of statute.
o
Admission of neglect by plenary guardian
4) Court proceedings.
The statutory mandates are intended to protect the elderly, however,
even a casual observer would note that Mary Sykes and her younger daughter have
been denied even basic protections. The
younger daughter was hauled into Court on a citation. Of course the citation was never served on
her, and the protections afforded to citizens denied her. Little criterion such as a verified
petition, service of documents etc. are all absent; however, an order of Court
appears as an extraneous document providing for the issuance of a discovery
citation. The Illinois courts because
of the invasion of privacy have limited the jurisdiction on these probate
citations – except in the Sykes case.
In that case the protections afforded citizens have been ignored and the
younger daughter was chained and threatened.
No there was no water boarding – it was not needed! The lack of jurisdiction and the denial of
basic civil rights was totally ignored.
A Circuit Court Judge supervised the atrocity.
After the Court was able to extract the information that was
necessary to impoverish the younger daughter and thusly prevent her from
continuing her quest to free her mother the Court Illinois issued an order on
an Indiana financial institution to freeze the younger daughters funds. When this gambit did not induce the younger
daughter to cease and desist in her quest to exercise her rights as an “American
citizen” under color of statute the
Circuit Court order the younger daughter evicted from her home and the plenary
guardian removed from the younger daughter’s belonging documents and paper that
might prove embarrassing. The younger
daughter is still resisting, but is not
superman and cannot stand up to this “Gulag” without law enforcement doing an
honest, complete and comprehensive investigation.
Unfortunately, this situation is not unique and as the GAO
report indicates hundreds of similar cases are occurring right now across the
United States of America. Law
enforcement holds meetings and seminars seeking a solution to the ‘son of
greylord’ and the America Gulag, but, today they have been impotent and the
excuses are the name of the game! A
society in which the elderly are the new
‘Jews’ of the 2012 holocaust cannot survive.
Thank you for your help and indulgence. Democracy is not a spectator sport.[3]
Cc: Honorable Mark
Kirk
Durbin, Madigan, Chicago tribune, New York time, Wall
street journal, Chicago sun times
Carolyn Toerpe VS Gloria Sykes 7/13/2012
Below is a link to the full transcript of the proceeding on 7/13/2012 between Carolyn and Gloria in eviction court.
Carolyn vs Gloria-Carolyn FOUND IN CONTEMPT OF COURT. TRANSCRIPT
It is clear that this Judge clearly understands that what Carolyn and Fred Toerpe have done IS WRONG. Here are some highlights in the transcript:
Carolyn vs Gloria-Carolyn FOUND IN CONTEMPT OF COURT. TRANSCRIPT
It is clear that this Judge clearly understands that what Carolyn and Fred Toerpe have done IS WRONG. Here are some highlights in the transcript:
Page 24: Attorney Soehlig does not want to cross examine Gloria.
Page 32: Judge Garber makes the decision that Fred Toerpe’s actions are wrong.
Page 52: Carolyn Toerpe’s testimony starts
Page
60: Judge Garber grants the rule to show cause and found Toerpe in
contempt of the court order:’You are not the Gestapo here, m a’am.
You’re not to make the decision when the Judge has already made the
decision where she can move.”
He reminds her of the contempt later on.
Monday, July 30, 2012
From Gloria–a good explanation of the start of the case
In this email, Gloria explains a number of obvious mis steps and bias
against her and her mother by the GAL’s from the very beginning. The
GAL’s were never impartial, but showed clear bias.
Oh Scott, it gets better. Adam Stern just happened to be sitting in the courtroom in Cynthia Farenga’s absense and Judge Connors, who after she admits she doesn’t have the file on the Petition for the Order of Protection (and the only reason Aunt Yo, Aunt Jo, Scott, Dorris, Suzie and I were present on August 26, 2009, was to support mother in obtaining the protection order against Carolyn Toerpe), and notes on the record that mother was not served and is not present, appoints Stern to (1) procure all of the police reports on Toerpe and to investigate mother’s assets (for a reverse mortgage because Toerpe said Mother had no money to live in her home). The odd this is, that before Toerpe started to financially exploit mother to the extent that she is the Plenary Guardian, et al, Mother lived comfortably in her home. The mortgage was paid on time every month, property taxes and insurances were paid, phone was paid, electric was paid, gas, et al, and Mother ate well, and we traveled the United States together….. Mother was so active in the Community that out precious moments together were first thing in the morning when we walked out pooches, and from dinner time until we walked the pooches at 10 pm or so each night. Looking back and reading the verified court transcripts, the Guardianship appointment of Toerpe was a done deal on June 30, 2009 when Toerpe kiddnapped Mother from the Harrision Street courthouse and took her out of state and hid her and kept her out of Illinois so she couldn’t pursue the protective order. Neither Adam Stern or Cynthia Farenga were ever at Mother’s home and Toerpe made certain that she took Mother to Farenga’s office.. as well as all the court friendly doctors who signed fradulant CCP211 reports where Toerpe signed PhD after her name.
Oh Scott, it gets better. Adam Stern just happened to be sitting in the courtroom in Cynthia Farenga’s absense and Judge Connors, who after she admits she doesn’t have the file on the Petition for the Order of Protection (and the only reason Aunt Yo, Aunt Jo, Scott, Dorris, Suzie and I were present on August 26, 2009, was to support mother in obtaining the protection order against Carolyn Toerpe), and notes on the record that mother was not served and is not present, appoints Stern to (1) procure all of the police reports on Toerpe and to investigate mother’s assets (for a reverse mortgage because Toerpe said Mother had no money to live in her home). The odd this is, that before Toerpe started to financially exploit mother to the extent that she is the Plenary Guardian, et al, Mother lived comfortably in her home. The mortgage was paid on time every month, property taxes and insurances were paid, phone was paid, electric was paid, gas, et al, and Mother ate well, and we traveled the United States together….. Mother was so active in the Community that out precious moments together were first thing in the morning when we walked out pooches, and from dinner time until we walked the pooches at 10 pm or so each night. Looking back and reading the verified court transcripts, the Guardianship appointment of Toerpe was a done deal on June 30, 2009 when Toerpe kiddnapped Mother from the Harrision Street courthouse and took her out of state and hid her and kept her out of Illinois so she couldn’t pursue the protective order. Neither Adam Stern or Cynthia Farenga were ever at Mother’s home and Toerpe made certain that she took Mother to Farenga’s office.. as well as all the court friendly doctors who signed fradulant CCP211 reports where Toerpe signed PhD after her name.
Once
Cynthia Farenga showed up on the 30 August 2009, she believed Toerpe had
mother medicated enough, or enough undue influence was perpetrated on
the 90 year old woman, that Mother would coward, but she didn’t. She
corrected Adam Stern when Stern went on a rampage accusing me of abusing
her, and then when Farenga told the Court the same, Mother stood up to
all of them and spoke her mind. Mother has never wavered, and so,
Cynthia Farenga, Adam Stern and Peter Schmiedel hired Dr. G. Shaw to
testify that mother is not only incompetent now, but she was also
incompetent and unable to handle her affairs on October 18, 2008, or so.
This testimony is in complete opposition to Dr. Patel’s medical
reports where he clearly told Toerpe he would not sign the CCP211
because my mother instructed him not to. That my mother ‘makes sense’
out of any topic” and can “communicate on any subject matter”.
But
let’s go one step forward, the Court orders Toerpe has to bring mother
home on September 4, 2009 and Toerpe, knowing that I’m fixing up my back
yard, yes my back yard at 6016 for a huge welcome home holiday party
for mother, calls me and tells me she will be bringing mother home
early, but in about one hour. But Toerpe is already in the home (6014)
and she drove her daughter’s car just so I wouldn’t notice that she’s
already there. But her plan is thwarted because I have ‘workers’ around
the house, and he sees Carolyn through mother’s kitchen window as he is
fixing a leak on the exterior faucet. Toerpe then calls me and demands
I tell her who the “black man” is along side the house! I immediately
return to 6014 and find Toerpe in the refrigerator, looking through food
which I just bought for the party. Toerpe tells me that she will buy
all of mother’s medications at Walgreens (and mother can no longer get
her medications from her neighborhood pharmacy where she and Daddy have
gone for over 30 years!). Mom and I hug, but mom is very quiet and
looks sickly — she’s lost a lot of weight.
Then
Toerpe walks mother out to my backyard as if mother is a cripple, and
she she leaves, Mother tell me that she doesn’t want to go over to
Carolyn’s home any more: that it’s weird over there. I go back to the
home and watch Toerpe get into Kristin’s car, and all Toerpe has are her
purse and keys. Toerpe didn’t bring any of mother’s beautiful summer
clothes I bought Mom back with her, and even kept all of the winder
clothes including coats and jackets Toerpe took from Mother’s home in
August. Cynthia Farenga said to make a list and she would get the
clothes back, but Farenga never planned on getting mother’s property
back from Toerpe because she had already agreed to Toerpe’s payment plan
for Farenga’s services.
I can go on and on, but I ask Cynthia Farenga to provide the States Attorney’s office with the following documents and evidence:
(1) That I had just purchased a ‘flashy new Lexis”
(2) That I had gone bankrupt twice.
(3) That I dictated the letter mother wrote on September 20, 2009 and the letter
Mother asked Cynthia to give to the Judge.
(4) That Yolanda Bakken slapped Toerpe in the face and tried to kidnap Mother in August 2009 when visiting on a court order.
(5) That Scott Evans wrote the Toerpes a threatening letter.
(6) That Doris Evans is a threat to Mother’s well being
(7) That I abused my mother and,
(8) That I financially exploited my mother.
Then I
ask Cynthia Farenga to provide the court with Mother’s bank statements
from 2006, 2007, 2008, 2009 and 2010 as ordered by the Court and provide
proof of the $26,000 she took from mother in 2006 and set up a joint
savings account in Toerpe and my mother’s name: then of course, proof
that there was a CD or a IRA account opened in January 2009 with the
$4000 Toerpe took from mother’s bank account. Then prove to the States
Attorneys office that Toerpe didn’t double pay the mortgage in July,
August, September, October, November and December of 2009 so it would
appear that Mother had no money in 2009!!!..
I can
go on with request but this is a start. Until you prove all of the
above Cynthia Farenga, I think that you have a problem on your hands.
Of course, you believe you are immune from any lawsuits, but I got a
feeling that if one person from the State’s Attorney’s office is just a
little interested in proving me wrong, they’ll check it out. What they
will find is that Toerpe’s been stealing money from my mother for a very
long time and it’s because my mother caught her in Feb. 2009, Toerpe
set a course to take control of mother’s person and finances to cover up
her crimes. Then lucky Toerpe, she hired a lawless attorney who would
murder his own mother for money as he ripped off seniors in Indiana on
remodeling and reverse mortgages: then Harvey Jack Waller was blessed to
have you Cynthia Farenga appointed and now I’m back to the beginning of
the case.
The
question is Cynthia Farenga, in absence of any evidence as you have none
to your malicious allegations, how do you continue to get away with
these crimes against the elderly, disabled, and all people the elderly
and disabled trust and love? That said, I know your husband and once in
a while you buy and sell estates of Wards of Cook County, and your
husband Michael Crowley does your dirty work and serves fraudulent
documents on people’s financial advisors and institutions, and you had
me served with a Pizza Flyer, too, but who do you sleep at night? Your
daughter appears to be a lovely young woman (the internet is great for
***). Does she know who you really are? Does she know that you lie,
cheat, steal and will murder in order to earn your living off of the
elderly, disabled and all people who stand up for the truth and justice?
So
Scott, if there were one person at the Illinois States Attorneys office
willing to steal across the LINE Cynthia Farenga drew in the sand (as
she keeps moving is), I know for a fact that soon after the
investigation there would be a grand jury asking Carolyn Toerpe some
serious questions. I know that Toerpe, however will coward and she will
turn Cynthia Farenga, Adam Stern and Peter Schmiedel in as they are
orchestrating all of this by using our courts as their weapons of
choice.
But now I’m way a head of myself. Let’s go back to the court transcripts ……
FYI the
Court Reporter from the date Kevin Salam testified refuses to call me
back and the Official court reporter’s office cannot help me get the
transcripts from Salam’s testimony. Similarly it took six months-for me
to get the transcripts format eh Domestic Relations court in and
regarding the petition for an order of protection naming Carolyn
Toerpe.. That said, the records are available for any one to read and
they are a good read.
FYI Ya
got three days to turn over the documents Cynthia Farenga as I am
prepared to publish an article — If you have any of this evidence, and
proof of course of the Sodini requirements met, you may be able to prove
your claims as I always give both sides of the story. As it is, the
transcripts and court docket show exactly what I and other people,
including Ditkowsky have said. You, Cynthia Farenga are a liar and a
fraud — well, those are my words. I will retract and apologize once I
have the above documents and records in the hands of the Illinois States
Attorney — and available or the public to examine.
Have a beautiful day all. I have just started… Watch me!
Gloria Jean Sykes
Bon Ami Productions, Inc.
773.910-3310(cell)
773.631-9262 (fax and office line)
Bon Ami Productions, Inc.
773.910-3310(cell)
773.631-9262 (fax and office line)
(edited only for typos and grammar)
My fax to Diane Saltoun, Executive Director at the Illinois Atty General
See below. This fax was accompanied by my famous “Table of Torts”
and the Probate Docket table of missing court orders, pleadings and
transcripts that won’t be transcribed (note, I never said “can’t”).
Those are posted on my page of “Important Documents” and I note more
than half the probate file is missing and apparently has been
“cleansed”. GDS bless my scanner!
In line is below, or click for the link.
https://docs.google.com/open?id=0B6FbJzwtHocwcnNGSXZuZU9La1k
https://docs.google.com/open?id=0B6FbJzwtHocwcnNGSXZuZU9La1k
I want to make this easy peasy for everyone!
FAX TRANSMITTAL SHEET
To: Diane Saltoun
Executive Inspector General
IAG
fax 312-814-8444
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 www.DenisonLaw.com
Federal Patents, Trademarks & Copyrights
Troy S. Sieburg, associate, of counsel
Marianne Buckley, associate, of counsel
For transmission problems, please call 312-553-1300
A confirmation copy WILL ✔ will NOT be sent.
Pages in fax, including this coversheet – ( see fax header )
July 27, 2012
Re: In re Estate of Mary Sykes, 09 P 4585
Dear Diane;
While the above case has a long, long history, much of which is documented on a blog to be found at www.marygsykes.com, the reality of the situation is that this probate proceeding boils down to garden variety theft, embezzlement, malpractice and malfeasance by attorneys and the court. The court has clearly, for 3 long years, been working without subject matter jurisdiction. In probate court, the Illinois legislature has stated in the Sodini case that in order to take jurisdiction, the court must ensure the following requirements have been met that notice on any hearing for incompetency: 1) be in writing; 2) that the Petitioner serve the notice; 3) that the notice contain the time, date and place of the hearing; and 4) that the notice be served upon “close relatives”–ie, adult children and siblings.
In the above case, the Guardians ad Litem, Cynthia Farenga and Adam Stern will admit that no proper written notice was ever served in the case and/or they cannot produce proof of service at all. In one transcript (all transcripts are published on the blog), counsel for the Guardian admitted no Sodini notices were served upon “close relatives.” Judge Connors knew at the time she was appointing the plenary guardian, Carolyn Toerpe, without proper notice being served, and Judge Stuart has admitted in her written notes on pleadings that it is “too late” to contest subject matter jurisdiction, which is utter nonsense since subject matter jurisdiction can be brought up at any time–even on appeal.
To add to the obvious corruption, cronyism, embezzlement (there is estimated to be $1 million in gold and silver coins missing from Mary’s estate), when another attorney (Ken Ditkowsky) and myself complained about the lack of jurisdiction, the railroading of the proceeding without discovery–one of the GAL’s has filed ARDC complaints against us–merely for calling for an investigation. Leah Black at the ARDC is handling that and has not given up. The proceeding against Ken Ditkowsky is clearly another railroaded proceeding built upon corruption and cronyism and Leah Black has done nothing to clean up the court system.
See the attached “table of torts” the miscreants have engaged in. See the attached list of missing files and know that more than half the file is missing because all of the appellate volumes are gone.
Someone is systematically cleansing the Probate files and Judge Evans and security is doing NOTHING about it.
No response.
And then when I go to court to blog about the case and the corruption and cronyism, the miscreants have the court bailiff tell me not to use or open my laptop!
When I first contacted your offices regarding corruption in the courts at the Daley Center you said you “needed proof” actual proof of corruption.
I don’t see how 70% of the file missing PLUS the lack of subject matter jurisdiction could establish any less proof to conduct an investigation.
And I know your buddies at the FBI could look at this case in minutes and come up with a determination that the plenary Guardian is spending tens of thousands of dollars on house remodeling and a fancy wedding for her daughter, whereas back in Jan of 2009 she was struggling with bills and her husband was out of work. All we need is an asset search done in 2009-2012 for Carolyn and Fred Toerpe.
What more evidence do you need?
I will continue to publish the blog speaking out against corruption in our court system.
Please look at the attached and all the information I will fax you shortly. This is a case that could be bigger than Greylord–what is being done to deprive grandma and grandpa of their civil rights and how the Probate court (routinely) operates.
Very Truly Yours,
DENISON & ASSOCS, PC
JoAnne Denison
JoAnne M. Denison
cc: Ken Ditkowsky and www.marygsykes.com blog.
In line is below, or click for the link.
https://docs.google.com/open?id=0B6FbJzwtHocwcnNGSXZuZU9La1k
https://docs.google.com/open?id=0B6FbJzwtHocwcnNGSXZuZU9La1k
I want to make this easy peasy for everyone!
FAX TRANSMITTAL SHEET
To: Diane Saltoun
Executive Inspector General
IAG
fax 312-814-8444
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 www.DenisonLaw.com
Federal Patents, Trademarks & Copyrights
Troy S. Sieburg, associate, of counsel
Marianne Buckley, associate, of counsel
For transmission problems, please call 312-553-1300
A confirmation copy WILL ✔ will NOT be sent.
Pages in fax, including this coversheet – ( see fax header )
July 27, 2012
Re: In re Estate of Mary Sykes, 09 P 4585
Dear Diane;
While the above case has a long, long history, much of which is documented on a blog to be found at www.marygsykes.com, the reality of the situation is that this probate proceeding boils down to garden variety theft, embezzlement, malpractice and malfeasance by attorneys and the court. The court has clearly, for 3 long years, been working without subject matter jurisdiction. In probate court, the Illinois legislature has stated in the Sodini case that in order to take jurisdiction, the court must ensure the following requirements have been met that notice on any hearing for incompetency: 1) be in writing; 2) that the Petitioner serve the notice; 3) that the notice contain the time, date and place of the hearing; and 4) that the notice be served upon “close relatives”–ie, adult children and siblings.
In the above case, the Guardians ad Litem, Cynthia Farenga and Adam Stern will admit that no proper written notice was ever served in the case and/or they cannot produce proof of service at all. In one transcript (all transcripts are published on the blog), counsel for the Guardian admitted no Sodini notices were served upon “close relatives.” Judge Connors knew at the time she was appointing the plenary guardian, Carolyn Toerpe, without proper notice being served, and Judge Stuart has admitted in her written notes on pleadings that it is “too late” to contest subject matter jurisdiction, which is utter nonsense since subject matter jurisdiction can be brought up at any time–even on appeal.
To add to the obvious corruption, cronyism, embezzlement (there is estimated to be $1 million in gold and silver coins missing from Mary’s estate), when another attorney (Ken Ditkowsky) and myself complained about the lack of jurisdiction, the railroading of the proceeding without discovery–one of the GAL’s has filed ARDC complaints against us–merely for calling for an investigation. Leah Black at the ARDC is handling that and has not given up. The proceeding against Ken Ditkowsky is clearly another railroaded proceeding built upon corruption and cronyism and Leah Black has done nothing to clean up the court system.
See the attached “table of torts” the miscreants have engaged in. See the attached list of missing files and know that more than half the file is missing because all of the appellate volumes are gone.
Someone is systematically cleansing the Probate files and Judge Evans and security is doing NOTHING about it.
No response.
And then when I go to court to blog about the case and the corruption and cronyism, the miscreants have the court bailiff tell me not to use or open my laptop!
When I first contacted your offices regarding corruption in the courts at the Daley Center you said you “needed proof” actual proof of corruption.
I don’t see how 70% of the file missing PLUS the lack of subject matter jurisdiction could establish any less proof to conduct an investigation.
And I know your buddies at the FBI could look at this case in minutes and come up with a determination that the plenary Guardian is spending tens of thousands of dollars on house remodeling and a fancy wedding for her daughter, whereas back in Jan of 2009 she was struggling with bills and her husband was out of work. All we need is an asset search done in 2009-2012 for Carolyn and Fred Toerpe.
What more evidence do you need?
I will continue to publish the blog speaking out against corruption in our court system.
Please look at the attached and all the information I will fax you shortly. This is a case that could be bigger than Greylord–what is being done to deprive grandma and grandpa of their civil rights and how the Probate court (routinely) operates.
Very Truly Yours,
DENISON & ASSOCS, PC
JoAnne Denison
JoAnne M. Denison
cc: Ken Ditkowsky and www.marygsykes.com blog.
Answer to a Question from Scott Evans and the significance of lacking jurisdiction/Sodini notices
Question from Scott Evans:
That was an excellent recap of the first few months of the case. It is chilling to read.
It begs the question, something Tim said a year ago, about going back to the beginning.
Are there Court actions that can be entered into given the string of not just technically wrong, but completely incorrect actions by the opposing lawyers?
I bring it up because of all the emphasis on the Sodini aspect of the relatives not being properly noticed, events which followed the ones you just wrote about by only several months. To me, they appear to be more provable, more serious, more compelling, more powerful than Sodini. Do these glaring gaffs that you refer to have a name, a case law background?
Since Sodini can be brought up almost 3 years after the fact, can’t these other issues?
I did a REPLY ALL on this in order to garner wider responses and ideas. ~Scott
Date: Sat, 28 Jul 2012 10:35:48 -0700
From: kenditkowsky@yahoo.com
Subject: Re: Sykes Case Jurisdiction
To: scottcevans@hotmail.com; joanne@denisonlaw.com
CC: elaine@abusiveguardianships.com; glduncan@bellsouth.net; michiganadvocacyproject@gmail.com; lisabokesch@aol.com; k_bakken@att.net; timlahrman@aol.com
The significance of Sodini is jurisdiction. Without jurisdiction
everything done in the Sykes case is void. The guardian ad litem are
‘de facto’ and therefore as there is no guardianship their actions are
unauthorized. As there is no jurisdiction their is no guardian ship.
No guardianship means that the drilling of the safety deposit box was
not authorized and was a garden variety larceny by trick. Citatons to
discover assets are also ‘ultra vires’ and therefore all this nonsense
of questioning Gloria as to her assets, seizing her assets is just
garden variety common law fraud, theft, false imprisonment and criminal
contempt of court.
Similarly the non-inventory of the assets removed from the safety
deposit box is theft! In addition as the mails were used to commit the
fraud our friends are guilty of 18 USCA 1341 (mail fraud). There are
least two predicate action and therefore the government can charge each
with RICO. Of course, theft as well as breach of fiduciary
relationship are taxable events. All of our friends are guilty of
conspiracy to evade the United States Income taxes Carolyn is guilty
of tax fraud.
Keeping Mary against her will is kidnapping on the criminal side and false imprisonment on the civil side.
On the other hand, had the Sodini notices been given the guardians
have 100% absolute immunity. Farenga and Stern have discretion as to
what they report to the Court, and the Court can issue ‘wrong and unjust
orders’ until the cows come home. Sodini is the lynch pin!
With two of the three necessary close relatives filing affidavits
that they did not receive the 14 day notices required to obtain
jurisdiction over Mary and her estate any judge who takes his/her duties
seriously would order an investigation. Most judges do not like to
enter orders that are beyond their jurisdiction.
What makes this case the ‘son of greylord’ is the fact that every
judge has had the jurisdictional issue raised and each avoided the issue
liket he plague. The lawyers who are presumed to know the law admit
that the Sondini protections were not afforded to Mary and ‘no one
cares.’ An honest investigation would find out why the Judges are
reluctant to determine if they had jurisdiction! An honest
investigation would require Carolyn to produce the inventory that Mary
kept in the safety deposit box. An honest investigation would find out
why Farenga, Stern, Schmiedel, et al. are so afraid to participate in
the investigation and why they mislead the Court on a regular
basis. An honest investigation would look into Judge Connors dates in
December 2009.
Sodini goes back to Day One. If Sodini was not complied with each
of the guardians (including the GALs) is guilty of theft etc.from Atty Ken Ditkowsky
From Atty Ditkowsky to GAL Atty Cynthia Farenga
A CALL FOR A COMPLETE INVESTIGATION
Ms. Farenga,
I thought about your last e-mail this
morning and it occurred to me that you actually might not know that the
Sykes case is not only a serious matter, but, an innocent senior citizen has in fact been deprived of her liberty, property, civil and human rights.
Indeed, it is possible that you might not know that the Illinois
Legislature enacted the statute described and interpreted by Sodini to
protect against exactly the type of situation that has occurred in
Sykes. (Indeed, it appears that jurisdictional protections appear to
be honored by non-compliance in many cases such as Tyler, Wyman, etc –
the GAO report of September last confirms this theory)
The
problem that you face – or will face is the fact that like Justice
Sotomeyer the public is getting ‘sick and tired’ of lawyers claiming
innocence for bad deeds that are clearly prohibited by statute. Too
often Judges have stated when confronted by a lay person – “ignorance of
the law is not excuse!” Members of the 2nd oldest profession also use
the excuse of I did not know the law and other members are sympathetic
as they impose strict standards on the public. The
Sykes’ treatment of Gloria Sykes is an example. Thus, while you, Stern,
and Schmiedel ‘cut corners’ and act under color of statute to deprive
Gloria and others of their civil rights you and the Court demand that
people like Gloria Sykes strictly comply with the Rules. Want an
example? You, Adam, and Schmiedel were well aware when you filed the
sanction motion against me that the Court had no jurisdiction! The net
was you wasted your time, my time and the Court’s time. Further you
will spend hundreds of hours in defending a very viable civil rights
suit that could result in a seven figure verdict against you
personally.
A second example is the Sykes case
itself. You, Stern, and Schmiedel are well aware that the Petition to
appoint Carolyn as plenary guardian is defective, and that the required
jurisdictional notices were never written or mailed. Thus, as a
matter of law the Probate Court for over three years has operated
without jurisdiction. The ‘cover-up’ is the Son of Greylord and
ultimately will result in some sort of serious prosecution of the
culpable. How could you not know of the jurisdictional
problem? Justice Sotomeyer’s decision in Jerman answers the question –
you are presumed to know the law and that presumption is very
strong. Clout only works for a short period of time – it works until
the ‘clout’ is required to account. All that said, Gloria Sykes and
Mary Sykes have a very viable civil rights suit. [as the court has no
jurisdiction there is no immunity and what would be absolute immunity
for you as a GAL does not exist in the Sykes case]
There are many more examples of the
Sykes guardian and guardian ad litem acting sans jurisdiction. An
injunction was entered without the prior filing of a verified petition
and without the mandatory bond. The citation proceeding is flawed!
You as a seasoned lawyer owe a duty to the ‘ward’ and to the ‘court’ to
prevent such misconduct. You have a great deal of temerity even
suggesting that you are an innocent and that the only misconduct that
you know of is that of Gloria Sykes. Such a rationalization is
obscene!
A while back – after the decision of
the Appellate Court throwing out the sanction for lack of jurisdiction –
I offered you the simple proposition (Safe Harbor e-mails) of you
reporting the facts to the Court in exchange for my just forgetting
about the Civil Rights remedy that I am entitled. Your rejected the
proposition. This of course was your right. I called upon you to
join with me and call for an honest, complete, and comprehensive
investigation of the Sykes case – if you had nothing to hide. Again
you and Stern rejected the call. A simple review of the facts, the
docket, the transcripts of the Sykes case and the reason for the
rejection is obvious.
No, I am not going to make any more
offers of settlement – I have written law enforcement and others
demanding a full complete and honest investigation. Mary Sykes is in
her 4th year of captivity. Over a million dollars in her assets have
not been accounted for and certainly not inventoried. (For the record –
I was Mary’s attorney and wrote up her will – I know what her estate
consisted of and I know exactly how many double eagles she had and what
they were worth – I could care less whether the guardian – who had the
safety deposit box drilled shared with you and Stern the ‘booty!’ By
your e-mails and non-action you have aided and abetted Income tax
evasion) I am appealing to you as a human being to reach out to Gloria
Sykes and the organizations that support Mary Sykes and ‘free Mary
Sykes!’ Join with Ms. Denison, and the organizations that support Mary
and Gloria Sykes and request a complete honest and comprehensive
investigation of not only the Sykes case, but all the cases in which
similar events as have occurred in Sykes are rampant!
Right now you are ‘young’ and do not
face the avarice that many senior citizens are confronted. Instead of
finding themselves in the bosom of loving families, they are confronted
by children who cannot wait for grandma to die before seeking to loot
her estate. Even more troubling is the appearance Cynthia Farenga and
Adam Stern who aid and abet the scenario and when confronted by the
consequences of *** come forth with ” Gloria did it!” The climate that
you helped create is a cancer and will be something that you most
probably will personally confront in your household as you have
demonstrated to your children and grandchildren that it is OK to deny
grandma her liberty, her property, her civil rights and human rights.
Newton point out that for every action there is an equal and opposite
reaction and this is one of the primary laws of nature. Today we
recite the law by – ‘what goes around comes around’
Thus, the joining with me, Denison,
Sykes and the Anti Elder Abuse organizations in calling for an honest
investigation of the Sykes case you act in your own best long term
interests. Even at this point in time – doing the ‘right thing’ will
provide you with great benefits; however, ***** The decision is
yours and we all will fight the death to preserve your right to act
inappropriately and in derogation of your own best interests.
Ken Ditkowsky
www.ditkowskylawoffice.comAnd I need to add that Ms. Farenga, you need to do an Emergency Motion for Tuesday to non suit this Probate case due to lack of jurisdiction, attach YB’s declaration and Gloria’s declaration, although I’m sure Gloria will be there in court and Ken and I will be glad to draft up the order for you, and serve the Motion by personal service on each of the adult siblings and children as Illinois Probate Law dictates, and LET MARY GO FREE back to her own home! You know there is no jurisdiction, AS knows there is no jurisdiction. Perhaps the other sister’s affidavit will be in my mail today, I’ll go check. Gloria will just testify. Hopefully it won’t last an hour as she lambasts you and AS for your outrageous behavior!
Please draft the motion and personally serve it on Monday to all the adult children and siblings of Mary Sykes.
Ken, we need calls to Non Suit on an emergency basis and get the FBI/police to investigate bank accounts. Where are the gold coins!
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