syke062310.txt 100 pages word index included mayleen … · original file: a:\syke062310.txt 100...

$: syke062310.txt 100 pages Word Index included MAYLEEN … · ORIGINAL FILE: A:\syke062310.txt 100 pages Word Index included . MAYLEEN MENDELSON CERTIFIED COURT REPORTER ROMAY CORP$
IN THE CIRCUIT COURT OF COOK COUNTY ILLINOIS

COUNTY DEPARTMENT - PROBATE DIVISION

IN RE THE ESTATE OF MARY SYKES

Case No 09 P 4585

Report of proceedings

Taken on June 23 2010

ORIGINAL FILE Asyke062310txt

100 pages

Word Index included

MAYLEEN MENDELSON CERTIFIED COURT REPORTER

ROMAY CORP 120 West Madison Street Suite 1210 2738 West Fitch Avenue Chicago Illinois 60602 Chicago Illinois 60645

(773) 761-0449 FAX (773) 761 6155

2 (Pages 2 to 5)

Page 2

INDEX WITNESS PAGE

KENNElH DITKOWSKY 4 Direct Examination by Mr Stem 39

Redirect Examination by Mr Stem 69 5

CYNTHIA FARENGA

Direct Examination by Mr Stern 14 7 Cross-Examination by Mr Ditkowsky 15 8

EXHIBITS 9

PAGE 10

No1 42 11 No2 46

No3 52 12 No4 51

No5 55 13 No6 56

No1 64 14 No8 64

No 10 64 15 No 11 66

No 12 66 16 17 OPENING STATEMENTS 18 BYMR SCHMIEDEL 30

BY MR DITKOWSKY 32 19 BYMR STERN 38

BY MS FARENGA 13 20 21 CLOSING ARGUMENTS 22 BY MR STERN 81

BY MR DITKOWSKY 89 23 24

Page 3

1 THE COURT Good afternoon Will the lawyers 2 identifY themselves for the record 3 MR DITKOWSKY Kenneth Ditkowsky on behalf of 4 friends and family of Mary Sykes 5 MR BRODSKY Joel Brodsky on behalf of Gloria 6 Sykes And Im here in response to a motion that was 7 filed asking for a partition of real estate -shy8 THE COURT Yeah Okay Were just going to give 9 identifications

10 MR BRODSKY Oh 11 THE COURT And you are 12 MR STERN Adam Stem S T ERN one ofthe 13 guardians ad litem 14 THE COURT Yes 15 MS FARENGA Cynthia Farenga your Honor 16 FAR ENG A Guardian ad litem for Mary Sykes 17 THE COURT Thank you 18 MR SCHMIEDEL Peter Schmiedel S C H M lED E L 19 on behalf of Carolyn Toerpt TOE R P T who is the 2 0 guardian of the person ofthe estate for her mother Mary 21 Sykes 22 (A short interruption) 23 MR BRODSKY Your Honor Im here in response -shy

q Mine should be the quickest Im here in response to two I MAYLEEN MENDELSON (773) 761-0449

Page 4 ~

1 motions that are concerning Gloria -- two petitions that 2 concern Gloria Sykes One is for partition ofreal 3 estate and the other is for rule to show cause Ive 4 previously had e-maUs exchanged with Counsel and was 5 under -- obviously were not going ahead today This is 6 the first time these are up and I need an opportunity to 7 file written responses 8 And I would like to do it sooner but 9 unfortunately or fortunately Im involved in ajury

10 trial thats going to start in about a week and a half 11 two weeks and its going to go for at least three weeks 12 So Im going to request from the Court -- 1 13 just counted it up -- 50 days to respond to the petitions 14 and then we can set it for status shortly thereafter 15 MR SCHMIEDEL 50 days 16 MR BRODSKY Only because ofmy trial Otherwise I 1 7 wouldnt even be - I would certainly would not need that 18 much time Its only because of the first-degree 19 homicide case thats going to be tried For no other 20 reasons that Im asking for Judge 21 MR SCHMIEDEL Well 50 days Ifyoure going 22 to be -- I understand and I appreciate that youre going 23 to be on trial If it starts July 8th and you go for 24 three weeks -shy

MAYLEEN MENDELSON (773) 761-0449

1 MR BRODSKY Well three or four 2 MR SCHMIEDEL Well lets presume its over 3 August 1st 1 mean-shy4 MR BRODSKY That would be -- Okay Lefs presume 5 that 6 MR SCHMIEDEL Can you take two weeks from 7 August 1 st 8 MR BRODSKY No No I need seven days at the end 9 ofthe trial So Im counting here that July 19th would

lObe the first week July 26th the second week August 2nd 11 thethird week and ifwe need to go -- and I believe we 12 will -- August 9th the fourth week which would mean 13 August 20th would be seven days after the end of the 14 trial And Id be willing to take August 20th if thats 15 acceptable That would give me seven days from the end 16 ofthe trial 17 THE COURT Counsel whats the -- Is there an 18 emergency here 19 MR SCHMIEDEL Well theres still the accident-shy20 issue to the accident Now my client has gotten into 21 the house through the front door She still does have 22 the keys to the back door nor has she had access to the 23 garage So thats -- And this has been -- March this has 24 been pending since


Mayleen Mendelson (773) 761-0449

3 (Pages 6 to 9)

Page 6

1 MR BRODSKY I understand My client infonns me 2 and told me that theyve been into the garage and pretty 3 much emptied it out so I -shy4 THE COURT I dont know which it is gentlemen 5 I mean this lady is guardian She should have access to 6 the wards assets 7 MR BRODSKY Your Honor has ordered that Maybe we 8 may disagree but your Honor has ordered it and I dont 9 have any question But the point is that theyve gotten

10 access according to my client She says she has 11 videotape of it Thats all I can say 12 If its an emergency and they own the property 13 or have control of the property to get a locksmith if it 14 was that big a problem and your Honor could assess a 15 sanction against my client if he finds do -- do the 16 order But theyre asking for a rule to show cause 17 which is -shy18 THE COURT No I understand that I just want to 19 know the status of-- you say that they have full access 20 to the real estate 21 MR BRODSKY Yes I mean front door back door 22 they can get in Thats one thing But its the garage 23 and -- You know its strange to me because I get calls 24 and e-mails from my client saying that theyre in the


Page 7

Page 8

1 THE COURT All right We dont want to argue it 2 now but anyway 3 Counsel the request is for 50 days 4 MR BRODSKY Well thats the -- we can just put 5 down to August -- what is it -- August 20 -- 820 We 6 can be back very shortly thereafter for status 7 THE COURT Are there any funds to pay for her care 8 now 9 MR SCHMIEDEL Modest amount of care Its mostly

10 because shes living with my client at her house that -shy11 and her husband is the care person that is saving the 12 huge amount ofmoney There certainly would be no money 13 to maintain her in a house if you had needed 2417 care 14 Theres not that kind ofmoney available 15 So there needs to be - there needs to be I 16 property sold in order to raise money for her care and 1 7 treatment going forward 18 THE COURT Lets just set it for hearing then 19 MR BRODSKY Well your Honor -shy20 THE COURT He wants time to respond and then you 21 can-shy22 MR SCHMIEDEL Thats fme I dont need to reply 2 3 All we do is he can answer and we can set it for a 24 hearing


]Page 9 ~

1 garage and they took property thats mine So I mean -shy2 THE COURT Counsel again where do you get the 3 information that theresshy4 MR SCHMIEDEL The last time I talked to my client 5 Judge I have not had keys to the - in fact the police 6 were out there at the time that they went to try to get 7 access to the house and they were not able to get access 8 to the garage 9 But theres lots going on here Judge I think

10 if we get to mid August or the end of August if there is 11 an issue with respect -- Ill talk with my client If 12 they have to change the locks on the garage theyll go 13 change the locks on the garage and gain access to it to 14 the extent that they havent already done that 15 The partition action is a little different 16 Theres really not a defense to a partition action 1 7 because my client on behalf of her mother -- her mother 18 is on title with respect to the home and it cant be 19 partitioned 20 Id like to get the process going so that the 21 place can be sold I mean she needs money to be ready 22 for her care and maintenance Its uninhabited Its my 3 understanding that although there was a subject of a

4 mold-shyI MAYLEEN MENDELSON (773) 761-0449

I )j1 MR BRODSKY But your Honor its going to be

2 answer otherwise pleaded If your Honor looks at the 3 partition statute you will see that there is a procedure 4 before even a judgment of partition that could be taken 5 that requires off a jury -- I think they call it a 6 jury-shy7 MR SCHMIEDEL Commissioners 8 MR BRODSKY -- three commissioners to go out and 9 value the property Even in the first stage theyre

10 entitled to discovery As another issue -- I mean 11 theres -- all due respect to Counsel but there are 12 defenses to partition 13 And to say that were set for trial you know 14 less than a week after I answer otherwise pleadings is 15 simply -- no matter what the need -- whatever the need 16 mayor may not be is simply not practical 17 THE COURT For her its probably practical The 18 disabled person to pay her bills right 19 MR BRODSKY Well your Honor youre dealing 20 with -- when youre asking for partition youre talking 21 about the rights ofpart ofthe property 22 THE COURT I understand 23 MR BRODSKY And the statute specifically says that 24 the rights of the other party -- youre not -- in other



4 (Pages 10 to 13)

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1 words what youre doing is you have two parties 1 to -- You know we just cant wait forever on this I 2 THE COURT No I know how partition works But 2 would like shy3 what Im saying is this lady has no ability to earn any 3 THE COURT I understand that Counsel but again 4 money to support herself Your client does So Im a 4 other than you want to get it moving and so do I is 5 little anxious to get this moving 5 there any legal remedy that should be denied I mean 6 MR BRODSKY Well I have no questionshy 6 hes going to be on trial What am I going to do 7 THE COURT This is a problem 7 MR SCHMIEDEL If thats the best we can do then 8 MR BRODSKY After Im done were back here on 8 thats -- Then I would say that for whatever reason the 9 that date Ifyour Honor wanted to move this on an 9 trial finishes earlier then -shy

10 expedited calendar and do motions and discovery we have 10 THE COURT Thats what Im saying 820 or seven 11 no problem with that You can move it on an expedited 11 days after the trial I 12 basis but -shy 12 MR BRODSKY I have no problem with that Judge I 13 MR SCHMJEDEL Theres no discovery Theres no 13 THE COURT Whichever is earlier ~

14 discovery The place cant be partitioned This isnt 14 MR BRODSKY If then if my trial ends early we can 15 farmland Youre not going to be able to divide two hee 15 motion it up We can set a status for 823 And if its 16 acres to who -- to you and two hec acres to you Its a 16 done earlier obviously youll know as most people will 1 7 building 1 7 and you can motion it up for an earlier date 18 MR BRODSKY Well your Honor-shy 18 MR SCHMIEDEL Set it for status on 823 19 MR SCHMIEDEL Its an unoccupied building It has 19 THE COURT Yes 20 mold It has to be -- which has never been abated from 20 MR BRODSKY As in addition with the rule too 2 1 what I understand And it is in default The mortgage 21 And-shy2 2 is in default 22 (A short interruption) ~

23 MR BRODSKY Its interesting Counsels argument 23 THE COURT As to addressing the GAL issue I dont ~

2 4 is akin to saying that well the cops caught him 24 really need two GALS anymore so shyMAYLEEN MENDELSON (773) 761-0449 MAYLEEN MENDELSON (773) 761-0449

Page 11 Page 13

1 right-handed so lets do away with the trial and throw 1 MS FARENGA Just for the record Mr Stern and I 2 him right into jail You know there is a process The 2 both have agreed that to the extent we are involved that 3 party -- My client has a defense Ill be setting it 3 we will not be each charging 4 out 4 THE COURT Well I mean you want to stay on but

5 not get paid 5 THE COURT Okay So Counsel is this -- What 6 trial will you be on 6 MS FARENGA There would be a charge for one GAL 7 MR BRODSKY What I will be on your Honor 7 To the degree that a GAL is needed there would a charge 8 THECOURT Yes 8 for one 9 MR BRODSKY People versus Peterson 9 THE COURT Is that accurate

10 THE COURT So either you pick a date that youre 10 MR STERN Thats what we discussed 11 going to respond by or seven days after the end of that 11 THE COURT Then its up to you then Ill review 12 trial whichever is sooner 12 the fee petition Cant pay for doing the same work or 13 MR BRODSKY 8120 Im sure we can pick August-shy 13 appearing on the same day really 14 Im sure -- Im as certain as one can be that Ill be 14 MR STERN Correct And we discussed that a while 15 able to have an answer -- Ill be able to have a response 15 ago 16 to pleading on file by August 20th Ifyou want to set 16 MS FARENGA Right 1 7 it for status on the next court date that will be fine 17 THE COURT Good Good All right 18 And we can then discuss how well proceed based on my 18 MR BRODSKY Were just keeping it for status at 19 pleadings 1 9 200 oclock 20 MR SCHMIEDEL Judge you know Ive been through 20 THE COURT Right Right Right 21 this process before Again I dont really think that 21 MR BRODSKY Heres what I put in the order your 22 theres -- My client is -- Or the guardian Mary Sykes 22 Honor Gloria Sykes is granted to 8202010 to answer 3 is on title His client wants to buy the property from 23 otherwise pleadings to set petitions or within seven

4 her Thats fine But other than that shes entitled 24 days ofthe verdict ofPeople versus Peterson that the I MAYLEEN MENDELSON (773) 761-0449 MAYLEEN MENDELSON (773) 761-0449


5 (Pages 14 to 17)

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1 said petitions are set for status on 8232010 at 1 MR DITKOWSKY Well it is the issue because it 2 200 oclock pm And then ofcourse if we get started 2 goes to the question of good faith It also goes to the 3 earlier we can just notice it up on your call 3 issue thafs before the Court I did not file an 4 THE COURT Is that all right with you Counsel 4 appearance in this court I didnt intend to file an 5 MR SCHMIEDEL Yes Theres one other issue 5 appearance until I was ready to do so 6 Judge where there is no objection to And that is I 6 THE COURT So you have not appeared 7 have a motion for an order under HIPPA and so I would 7 MR DITKOWSKY I have not appeared 8 like to get that entered 8 THE COURT Well then why are you here 9 THE COURT Right Guardians ad litem 9 MR DITKOWSKY Im sorry

10 MR STERN No objection 10 THE COURT Why are you here 11 THE COURT All right Thank you 11 MR DITKOWSKY I dont know why Im here Im here 12 MR BRODSKY Im going to enter the order and thank 12 responding to a motion for sanctions The court has no 13 you 13 jurisdiction over me If its a complaint I did not do 14 14 anything before the court I have not filed any 15 THE COURT All right Thank you 15 pleadings Theres no basis upon which of these 16 MR BRODSKY Thank you your Honor 16 sanctions could be brought 17 (Exit Mr Brodsky) 17 THE COURT You havent filed any pleadings 18 THE COURT Next issue 18 Mr Ditkowsky 19 MR STERN Judge the next issue then is ifyou 19 MR DITKOWSKY Im sorry 20 recall there was an emergency for sanctions 20 THE COURT What do you mean you havent filed any 21 where - against Mr Ditkowsky It was previously 21 pleadings 22 heard You granted in part that motion and entered and 22 MR DITKOWSKY I filed pleadings afterwards 2 3 continued the part for sanctions This is regarding 23 Before this occurred I filed no pleadings whatsoever 24 Mr Ditkowskys sending out an appearance form that was 24 THE COURT Did you come in here and represent to

MAYLEEN MENDELSON (773) 761-0449MAYLEEN MENDELSON (773) 761-0449

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1 un-filed He didnt have leave to do so It was between 1 this court that you represented a person or persons 2 a third party which is a former doctor of Mary Sykes 2 MR DITKOWSKY I represent -- I represent friends 3 You gave leave to Mr Ditkowsky to file a 3 and family Thats what I said 4 response to the issue of sanctions And you set it for 4 THE COURT You only -- You never represented that 5 hearing I believe it was last week when the Court was 5 you represented anybody else 6 out so it got continued to today I dont believe 6 MR DITKOWSKY I dont represent anybody else Im 7 Mr Ditkowsky has actually filed a per se reply to the 7 going to be asking the Court to represent Mary Sykes and 8 motion ofsanctions 8 I have a petition on file right now 9 THE COURT Well let me ask Have you filed a 9 THE COURT What are you saying You never told the

1 0 response to that 10 Court otherwise that you represented -shy11 MR DITKOWSKY I filed a very substantial response 11 MR DITKOWSKY You have the transcript ofwhat I 12 I filed a response -- I filed a response based upon a 12 said 13 change of venue to discharge the guardians -shy 13 THE COURT Do you remember otherwise gentlemen 14 THE COURT Well can I see the response Do you 14 MS FARENGA Yes 15 have a copy -- have persons gotten copies of it 15 MR SCHMIEDEL He sent out an appearance to a 16 MS FARENGA Yes 16 doctor saying that he represented Mary Sykes 17 MR STERN Well thats not in response to the 17 MR STERN Under this court name and this case 18 issue ofsanctions 18 number 19 MR DITKOWSKY It certainly does It covers the 19 THE COURT Right Isnt that what happened 2 0 whole -- it covers the whole plentify of 20 Mr Ditkowsky 2 1 activity over here It objects to the fact that there 21 MR DITKOWSKY I sent a letter to a doctor which 22 are two guardians ad litem It objects to the -shy 22 says After I appear for Mary Sykes I will want all the 3 THE COURT Yeah But thats not really the issue 2 3 records in connection with Mrs Sykes and I will want to

4 right now 24 have the shyI MAYLEEN MENDELSON (773) 761-0449 MAYLEEN MENDELSON (773) 761-0449


1

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THE COURT Thats the issue that were here for 2 today right 3 MR STERN Correct 4 MS FARENGA Yes 5 THE COURT And as far as the response that you 6 filed to that issue-shy7 MR DITKOWSKY The response I filed on that issue 8 was a total response asking for a change of venue or 9 substitution ofjudge to compel discovery and remove

1 0 the guardians in this proceeding Because this is all 11 part of the same thing I have discovered here a very 12 interesting situation 13 THE COURT Stop -- Please stop talking Your 14 response to their request is a motion to SOJ 15 MR DITKOWSKY That and-shy16 THE COURT Is that an appropriate response to -shy17 MR DITKOWSKY My response -- Yes it is Its 18 response and asking for the removal of the guardians 19 because nothing has been done here thats appropriate 20 MR STERN Judgeshy21 MR DITKOWSKY I didnt interrupt you 22 THE COURT May I see the pleading that you -shy23 MR STERN Thats what I was going to ask Those 24 pleadings referring to - Thats several pleadings hes

MA YLEEN MENDELSON (773) 761-0449

Page 19

1 handing out to the Court Just so you -shy2 TIlE COURT All right 3 MR D1TKOWSKY Thats what I filed 4 MS FARENGA I did not receive a motion for SOJ 5 TIlE COURT Okay Now show me sir in this 6 document what is your response to -shy7 MR DITKOWSKY My response is to remove the-shy8 TIlE COURT Please show me in the document 9 MR D1TKOWSKY Certainly Certainly My first

10 motion is a motion for leave to appear and prosecute 11 motions 12 THE COURT Im not sure what that is Again the 13 pleading were here on is for sanctions correct 14 MR STERN Thats correct 15 THE COURT Right So whats your response to the 16 request for sanctions -- the pleadings in response to 17 that 18 MR D1TKOWSKY My response -- My response is to 1 9 vacate orders after appointing guardians in this case and 20 for the case ofStates Attorney ofCook County and DuPage 21 County investigate possible elder abuse and claims 22 TIlE COURT But as far as the request for sanctions 23 against to you Mr Ditkowsky -shy

I 4 MR DITKOWSKY That is part of it


6 (Pages 18 to 21)

Page 20 I 1 THE COURT -- how is that possibly in response to I

2 request for sanctions 3 MR DITKOWSKY That is part of it And the reason I 4 its part of it -- ~

~ 5 THE COURT No You dont get to argue it sir 6 All I want to know is what pleading youre filing in 7 response to the sanctions 8 MR D1TKOWSKY That is part of my response 9 THE COURT Well where in the response do you talk

1 0 about the sanctions 11 MR DITKOWSKY Okay Lets move on In response I 12 also filed a motion to compel production which Im -shy13 THE COURT Were not talking about production of 14 anything right now Were talking about your response to 15 sanctions 16 MR D1TKOWSKY My response is part of it 17 THE COURT Where 18 MR D1TKOWSKY Ifyou dont have the guardians ad 19 litemshy20 THE COURT Please show me 21 MR D1TKOWSKY Ifyou do not have the guardians ad 22 litem you do not have - you do not have a motion 2 3 against me 24 THE COURT Mr Ditkowsky Im not sure what youre


1 talking about 2 MR D1TKOWSKY We are dealing with -shy3 TIIE COURT Show me in your document the response to 4 the issues for sanctions sir Please 5 MR DITKOWSKY It is the totality of the document 6 It is a totality ofthe document I am saying in this 7 proceeding this is an attempt to intimidate me I am

8 saying that what we have here is a situation of 9 blatant-shy

10 TIIE COURT Okay Whats the title ofthe document 11 you claim is the response to the request for sanctions 12 MR D1TKOWSKY Motion to vacate orders appointing 13 guardian motion for substitution ofjudge Its all in 14 here 15 TIIE COURT Now wait a minute 16 MR DITKOWSKY Its all part ofthe same -- Its 17 all-shy18 TIlE COURT Mr Ditkowsky youre not making any 19 sense I need to know what pleading and how many pages 20 is the pleading that your response -- filed a response in 21 request for sanctions Last time Im going to ask you 22 And what was the file date of it 23 MR DlTKOWSKY This was mailed June 4th the first 24 motion involving It is motion for leave to appear and



7 Pages 22 to 25

Page 22

1 prosecute J THE COURT No On the Sanction issue 3 Mr Ditkowsky 4 MR DITKOWSKY Its all part ofthe same thing 5 THE COURT So can you point out to me anything that 6 discusses the issue of sanctions against you 7 MR DITKOWSKY Theres nothing really to discuss 8 The issue is sanctions specifically Because I am not-shy9 THE COURT But it doesnt This pleading does not

1 0 discuss-shyII MR DITKOWSKY It does 12 THE COURT It does not 13 MR DITKOWSKY It certainly does It does 14 THE COURT Well where Show me where 15 MR DITKOWSKY I think Id probably find it 16 somewhere else and it will be easier to address 17 THE COURT And Mr Schmiedel did you receive a 18 responsive document to these relative to sanctions 19 MR SCHMIEDEL The only thing Ive got -- No 2 0 Judge The only thing Ive gotten are a telephone book 21 full of baseless allegations having nothing to do with 22 the issue of the sanctions 23 THE COURT And Ms Farenga did you receive a

Page 24

1 filed in this court on or about June 16th a motion to 2 compel production and disclosure material 3 THE COURT So its a motion to compel 4 MR STERN Judge just for the record -shy5 MR DITKOWSKY It is still part ofthe same -- It 6 is part ofthe same situation 7 THE COURT All right Hold on 8 MR STERN For the record Judge that was-shy9 Mr Ditkowsky when he appeared last time was given a

1 0 certain date certain to file his response to motion for 11 sanctions And then we set it for hearing on June 15th 12 This is something that he filed on June 16th which is 13 way past any deadline -shy14 THE COURT So in the time frame that I gave you 15 for filing a response to the sanction issue is there a 16 document filed or some response filed 17 MR DITKOWSKY Its my contention that these 18 documents they were filed -shy19 THE COURT What was the time frame that was given 2 0 originally to file your responses 21 thnkMR DIhTKOW~KY Yofiuledgave me a couple ofweeks I 22 1 or w atever It was I a -shy23 THE COllRT No No No I need to know what it

I ~i

1lI

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1 MS FARENGA Yeah your Honor Other than the 2 documents Mr Schmiedel just described and even then I 3 did not get the motion for substitution of judge 4 THE COURT And Counsel 5 MR STERN Same your Honor 6 MR DITKOWSKY Theyve received it 7 THE COURT So again the last time I asked you and 8 you havent shown me where in this document allegedly -shy9 where is the response to the issue ofsanctions

10 MR DITKOWSKY Theres -- I can find it easier in a 11 document motion to compel production and disclosure 12 material 13 MR STERN Judge that was filed last week Its 14 not a response to the motion of sanctions 15 THE COURT I dont see anything that responds to 16 the request for sanctions 17 MR DITKOWSKY Your Honor there is words and 18 phrases They adequately address the sanction motion to 19 friends and family of Mary Sykes and their attorney must 20 have discovery The first issue is addressed where the 21 Court can have jurisdiction over Kenneth Ditkowsky -shy22 THE COURT Mr Ditkowsky what are you reading 3 from

4 MR DITKOWSKY Im reading from a document that I I MAYLEEN MENDELSON (773) 761-0449

24 response to the sanction issue MAYLEEN MENDELSON (773) 761-0449 24 was MAYLEENMENDELSON(773) 761-0449---------------------I--------------------- I ~

Page 25 I

I ~

1 MR DITKOWSKY I dont remember 2 THE COURT You dont know So did you file 3 something within that time frame 4 MR DITKOWSKY Yes I did I filed-shy5 THE COURT What did you file in response shy6 MR DITKOWSKY I filed the following documents ~ 7 THE COURT No No I need to know -- I need to i 8 look at that order to see what time frame were in for 9 his response Does anybody have that order

10 MR DITKOWSKY I have it I have it Its part of 11 this (indicating) 12 THE COURT What date do we believe that order was

~ ent~STERN It was April 26th 2010 I14 days shy15 MR DITKOWSKY Heres the order Its got a copy I 16 ofthe transcript of the proceedings i 17 THE COURT All right Hold on April 26th I 18 Mr Ditkowsky has 14 days to respond That was as of I 19 April 26th So did you respond within that time frame ~

20 MR DITKOWSKY I did I certainly did ~ 21 THE COURT Well wheres the document that was shy22 MR DITKOWSKY And thats the document youre 23 holding right now 24 THE COURT So whats 14 days from April 26th



8 (Pages 26 to 29)

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1 MR DITKOWSKY Whatever date it is I filed that-shy 1 represent anybody in this case yet files a demand for me 2 I filed those documents I filed the motions 2 to produce a 91-year-old woman at this hearing and to 3 THE COURT Theres no file stamp on here 3 compel me to produce discovery for him 4 Mr Ditkowsky show me the file stamp on the 4 THE COURT Yeah So how does this respond to the 5 document youre referring to ifyou would please 5 sanction issue 6 MR DITKOWSKY Well you can look at the -- you can 6 MR DITKOWSKY The sanction issue involves a 7 look at -- what do you call it -- some were mailed out 7 total -- a total situation that exists in this case 8 June 4th Oh here I have -shy 8 THE COURT But youre presenting an affidavit in 9 THE COURT What was filed by May 10th 9 response -shy

10 MR DITKOWSKY May 7th there was filed a motion to 10 MR DITKOWSKY I filed -- I filed a number of 11 vacate orders entered appointing guardians 11 documents because I found over here theres some very 12 THE COURT Does that have anything to do with the 12 serious situations that have goneshy13 sanctions 13 THE COURT Okay Responses to this document and is 14 MR DITKOWSKY It certainly is 14 it responsive to the sanction issue 15 THE COURT Well the title of it doesnt suggest 15 MR SCHMIEDEL No Judge 16 that it does sir 16 MR STERN It is not 17 MR DITKOWSKY Okay 1 7 MR SCHMIEDEL The thing is nothing is responsive 18 THE COURT So anything else 18 to the sanction issue This all invites additional 19 MR DITKOWSKY And I filed an affidavit on May 7th 19 sanctions

20 THE COURT Anything else that you have that would2 0 I filed on June 4th -shy21 THE COURT Does that affidavit have to do with the 21 be responsive to the sanction issue 22 sanction issue 22 MR DITKOWSKY May I have my documents back 23 MR DITKOWSKY Yes it does A motion to -shy 23 please 24 THE COURT Just a minute please 24 THE COURT I gave you everything back I believe


Page 29Page 27

1 So nothing being shown to the Court is1 Have you received copies of this affidavit 2 MR SCHMIEDEL Im not sure what affidavit hes 2 responsive No pleadings 3 referring to 3 MR STERN Correct 4 THE COURT Whose affidavit -shy 4 MS FARENGA Further your Honor also I have a 5 MR DITKOWSKY Mine 5 number of documents from Mr Ditkowsky I dont also - ~

6 MR SCHMIEDEL Nothing -- Its all-- Well shy 6 I dont have the affidavit either 7 THE COURT I dont see it sir 7 Two points One is with regard to the 8 MR DITKOWSKY Its there 8 continuing sanctions These documents contain an 9 THE COURT Show it to me 9 absolute inaccuracy or falsehood which concerns the

10 MR DITKOWSKY Certainly 1 0 medical report and completely -shy11 THE COURT So this is in response to the sanction 11 THE COURT Ill get to the issues 12 issue 12 MS FARENGA Okay And also the parties that 13 MR DITKOWSKY Thats part of it Its all part of 13 Mr Ditkowsky claims to represent are not the party he 14 the same -- Its all part of the same situation 14 claimed to represent on the date that we last appeared 15 MR SCHMIEDEL Judge my humble opinion is -- To 15 when Mr Stem filed his motion for sanctions 16 the extent that its part of the whole situation it is 16 THE COURT Okay Were here for the issue of 1 7 part of the reason why sanctions -- continually sanctions 1 7 sanctions right 18 need to be imposed by continuing this conduct by 18 MR STERN Thats correct 19 Mr Ditkowsky 19 MS FARENGA Correct 20 These do not answer the motion for sanctions 20 THE COURT So were ready to go on -shy21 They invite more sanctions to be entered against him for 21 MS FARENGA And the responses the responses 22 filing documents that we have to waste our time 22 concern his representation of other people than Mary 3 responding to striking all of which is done by a person 23 Sykes

4 who has no -- does not file an appearance does not 24 THE COURT Yeah Theres no response appropriate I MAYLEEN MENDELSON (773) 761-0449 MAYLEEN MENDELSON (773) 761-0449


9 (Pages 30 to 33)

Page 30 Page

11 on file No written response on file 2 MR DITKOWSKY The complainUtselfisnt proper 2 Very simple The evidence will show a number of 3 either Ive asked for a change of venue in connection 3 things It will show that I was engaged by friends and 4 with the-shy 4 family ofMary Sykes I was engaged -- And ifyoull 5 TIlE COURT All right So were just here on the 5 look through the documents that I sent youll find that 6 sanction issue right now So theres no written 6 these people even signed petitions and there are 7 response 7 petitions on file from them indicating -- indicating that 8 Do you wish to make an opening statement 8 they wanted me to look into the situation 9 Mr Schmiedel on the issue of sanctions 9 Its my contention that this whole proceeding

10 lOis an attempt to intimidate me Because ifyou look at 11 OPENING STATEMENT BY MR SCHMIEDEL 11 my letter -- and Im going to read the letter into the 12 12 record 13 Judge as Mr Stem said -- And Ill just tell you 13 TIlE COURT Oh no No No No This is opening 14 Judge that this is very unfortunate We have a 14 Come on What else -- What do you think the evidence 15 91-year-old woman whos doing wonderfully in her current 15 will show 16 location Shes actually flourishing 16 MR DITKOWSKY The evidence will show that the 1 7 We have to fight and continually fight false 17 letter that was sent is very clear to Dr Patel 18 and malicious allegations with respect to my client and 18 TIlE COURT Youre saying the evidence is going to 19 the activities ofmy client We have a man who came in 1 9 show this 2 0 here on one hand claims to be representing Mary Sykes and 20 MR DITKOWSKY Thats exactly right 21 had sent out documents claiming to represent Mary Sykes 21 THE COURT Okay 2 2 when in fact he hadnt done that 22 MR DITKOWSKY It will show that I represented 2 3 When pressed by the Court at the last hearing 2 3 Dr Patel that Ive been contacted to represent the 2 4 when we were before the Court he indicated that he was 24 interests of Mary Sykes It will show that I told him

MAYLEEN MENDELSON (773) 761-0449 MAYLEEN MENDELSON (773) 761-0449

Page 31 Page 33

i~

1 taking the attorneyclient privilege with respect to who 1 After I appear I want the records And it will show what 2 he represented You ordered him to refrain from 2 I was interested in And it will also show -shy3 indicating that he represented Mary Sykes and ordered him 3 THE COURT Hold on for one second Can I get 4 to respond to Mr Stems request for sanctions for his 4 another copy of the sanction motion please 5 representation -- his false representations and 5 Continue please 6 misleading misrepresentations in order to try to secure 6 MR DITKOWSKY It will show that I asked the 7 documents to which he wasnt entitled to 7 guardian for his reports And I was doing a 137 motion 8 He stands here now -shy 8 Could I have some water here 9 TIlE COURT Okay Its not argument Just what the 9 THE COURT Pardon me

10 evidence will show Yeah 10 MR DITKOWSKY Can I have some water 11 MR SCHMIEDEL Thats what the evidence is I 11 (Discussion offthe record) 12 mean theres no dispute with respect to the evidence 12 MR DITKOWSKY And it will show that the reason I 13 Thats what the evidence shows He should pay all the 13 was doing a 137 -- a 137 examination before entry it 14 legal fees with respect to a responding to all ofthese 14 was -- I was looking into certain factors And one of 15 documents from the guardians ad litem to mine and he 15 the factors I was looking into was whether there was 16 should be barred from filing any other documents with 16 financial exploitation For instance -shy17 respect -- in this case whatsoever 17 THE COURT Now again were talking about the ~ 18 TIlE COURT Okay Do you wish to make an opening 18 sanctions only sir ~ 19 sir 19 MR DITKOWSKY Were talking about the sanctions U 20 MR DITKOWSKY Oh certainly 2 0 And were talking about the reason that I wrote a letter i 2 1 TIlE COURT What will the evidence show as to the 21 to Dr Patel and I wrote a letter to the guardians asking ~

2 2 issue of sanctions against you sir 22 for their reports ~ )3 23 Ifyoull notice the sanction motion the i

4 OPENING STATEMENT BY MR DITKOWSKY 24 sanction motion complains that Mary Sykes wasnt entitled II MAYLEEN MENDELSON (773) 761-0449 MA YLEEN MENDELSON (773) 761-0449 ~I


10 (Pages 34 to 37)

Page 34 Page 36

1 to an attorney And I told the Court that I was going to 1 the primary beneficiary This allowed Carolyn the 2 plenary beneficiary to gain control ofthe estate file an appearance but I wasnt until I did my 3 obtain a power of attorney over it Mary found out in3 investigation which I have a right to do 4 2008 or 2009 ofthis and she went to the -- she went to4 TIIE COURT Is there a written motion for

5 sanctions or not 5 have-shy6 THE COURT 30 seconds now6 MR STERN There is Judge Weve got a lot of 7 MR DITKOWSKY -- she went to have this whole thing7 papers Were just trying to locate it 8 overturned And she wrote some letters And she wrote a8 MR DITKOWSKY In particular I noticed that in

9 2005 Mary Sykes estate planned shy 9 letter to an attorney expressing dissatisfaction She 10 wrote a letter to Carolyn pointing out the annoyance and10 TIIE COURT Now wait a minute 11 the fact that she had lied She went to the police 11 MR SCHMIEDEL Judge Im going to object to this 12 department12 This is not -- Theres no pleading -shy13 And then we discovered that on August 31 st this13 TIIE COURT Wait Please Your evidence is going 14 Court was told that they couldnt find a doctor who would14 to show on the issue of sanctions shy15 obtain a -- make the certification So this Court told15 MR DITKOWSKY On the issue of sanctions Ifs 16 the guardian to go find another doctor which is16 going to show the reason that I had to do what I had to

17 do 1 7 something-shy18 MR STERN Objection Judge Objection This is18 [HE COURT Two more minutes on your opening sir

19 Two more minutes 19 not even -shy2 0 THE COURT All right Thats enough Thank you20 MR DITKOWSKY Im sorry 21 very much for your opening sir 21 TIIE COURT Two more minutes on your opening 22 MR DITKOWSKY Well Im not finished22 MR DITKOWSKY Well I have more to say I have 23 THE COURT Do you wish to call any witnesses23 to-shy24 MR DITKOWSKY I object to the fact Im not24 TIIE COURT How many witnesses are you calling on

MAYLEEN MENDELSON (773) 761-0449MA YLEEN MENDELSON (773) 761-0449

Page 37Page 35

1 the sanction motion 1 finished Ive also asked for a change ofvenue -shy2 MR DITKOWSKY Rightnow 2 THE COURT Counsel this is opening 3 THE COURT Yeah 3 MR DITKOWSKY -- on this thing because I dont 4 MR DITKOWSKY I dont know I dont know ifIm 4 think the Court is fair to me 5 going to call any witnesses I probably will testifY 5 THE COURT On the issues ofsanctions 6 myself 6 MR DITKOWSKY On the issue of sanctions yes 7 THE COURT Oh okay So this is all going to be 7 sir -- yes maam 8 coming from you 8 MR STERN Where is that pleading Judge again 9 MR DITKOWSKY A lot will come from me others will 9 MR DITKOWSKY Im entitled - Im entitled to a

10 come from other people I have asked for Mary Sykes to 1 0 fair hearing Im not getting a fair hearing if have 11 be brought in the court because Mary Sykes shy 11 to have -- have a judge whos already made up her mind 12 THE COURT Ive got to see the motion 12 THE COURT I havent made up any mind on whether or 13 MR DITKOWSKY - the guardian ad litem pointed out 13 not Im going to rule on sanctions 14 that Mary Sykes didnt remember me 14 MR DITKOWSKY Youre telling me -- You said in the I

15 THE COURT All right One more minute sir 15 first proceeding that youre turning me into the ARDC ~

16 Continue 16 That made up your mind 17 MR DITKOWSKY There were 2005 changes of Mary 17 THE COURT No it didnt 18 Sykes estate planning 18 MR DITKOWSKY Yes it did 19 MR STERN Again this is nothing -- Objection 19 THE COURT Okay 20 This is nothing relevant 20 MR DITKOWSKY In my opinion it did 21 MR DITKOWSKY It certainly is 21 THE COURT Thats the reason -shy22 THE COURT It is not evidence 22 MR DITKOWSKY Back on the Wilson case which you 2 3 MR DITKOWSKY It certainly is relevant The 23 were involved in -shy

4 change in the plan made -- made the plenarys guardian 24 THE COURT Mr Ditkowsky can you stop talking for I MAYLEEN MENDELSON (773) 761-0449 MAYLEEN MENDELSON (773) 761-0449


11 (Pages 38 to 41)

Page 38 Page 40

1 one minute please Thank you Does anybody have a 1 attached to it ButI sent out a letter 2 motion 2 Q Did you sign an appearance form stating -- an 3 (Discussion off the record) 3 appearance form under this case heading stating that you 4 MR SCHMIEDEL Its on appeal Judge It may be 4 represent Mary Sykes 5 thats part ofthe problem It should be in the shy 5 A In preparation to filing a motion - In 6 THE COURT The emergency motion for sanctions 6 preparation to filing a motion -shy7 MR STERN Thats it Judge 7 Q Yes or no Counsel 8 THE COURT Oh Okay 8 A In preparation to filing a motion -shy9 MR STERN Thats it And the issue-shy 9 Q Yes or no Counsel

10 THE COURT And the only issue thats relative to lOA In preparation to filing a motion in this court 11 the issue -shy 11 for leave to appear I did 12 12 Q And was that attached to the letter that you 13 OPENING STATEMENT BY MR STERN 13 just referenced to Dr Patel 14 14 A The letter does not show that anything was 15 MR STERN The issue ofsanctions -- The issue in 15 attached 16 my pleading Judge is the fact that Mr Ditkowsky sent 16 Q Did you state to this Court on April- on shy1 7 out an un-filed without leave ofcourt a copy of an 17 sorry - on April 26th 2010 that that appearance was 18 appearance form saying he represents Mary Sykes under 18 mailed 19 this case name under this case number to a third party 19 A At this point in time I do not know I have a 20 Thats the issue of sanctions 20 copy ofthe transcript Whatever the transcript says is 21 THE COURT Okay Now its your motion 21 what I said on that date But as I look at it now I do 22 Mr Stern -- or your petition 22 not know Theres no indication that anything was ever 23 MR STERN Thats correct 23 sent out to anybody other than this letter 24 THE COURT Do you wish to make an opening or you 24 Q When you signed that appearance form that you


Page 39 Page 41

1 just kind ofmade it 1 just stated you did was that filed with the Circuit 2 MR STERN I just kind ofdid Judge 2 Court of Cook County at that time 3 THE COURT Okay Do you want to call any 3 A I didnt have leave so I didnt 4 witnesses 4 Q Have you had - When was the last time youve 5 MR STERN I call Mr Ditkowsky 5 actually had contact with Mary Sykes 6 THE COURT Thank you Raise your right hand 6 A After a trial - After a trial in the Circuit 7 Mr Ditkowsky to be sworn sir 7 Court - it went on about four or five days -- I think I 8 WHEREUPON 8 drew a will for her 9 KENNETII DITKOWSKY 9 Q And when was this Counsel

10 called as a witness herein having been first duly sworn 10 A Dont recall 11 was examined and testified as follows 11 Q Was it in the last year 12 DIRECT EXAMINATION 12 A No 13 BY MR STERN 13 Q Within the last two years 14 Q Could you state your name for the record sir 14 A No 15 A My name is Kenneth Ditkowsky 15 Q Last three years 16 Q Did you send out a copy ofan appearance form 16 A I dont think so I think it was in 2001 or 17 stating that you represented Mary Sykes and Dr Patel 17 2002 18 A I sent out a letter on April 22nd to -- 18 Q And did you have permission from Mary Sykes to 19 Q Yes or no 19 sign that appearance form shy20 A -- to -- My office sent out a letter to Param 20 A I wasnt asking for permission from Mary Sykes 21 (phonetic) Patel It doesnt say -- The letter itself 21 Q Did you have permission Yes or no 22 dated April 22nd -- 22 A I did not 23 Q Did you-- 23 Q Did you receive permission from the guardian

4 A -- it does not say it so I dont know what was 24 Carolyn Toerpt to sign that appearance form



12 (Pages 42 to 45)

Page 42 Page 44 ~

~ 1 A I didnt ask for it 1 MR DITKOWSKY Im just describing it 2 Q SO the answer would be no 2 MR SCHMIEDEL Its not authenticated Theres no 3 A The answer is no 3 evidence with respect to what this document is and who 4 MR STERN Nothing further 4 authored it S TIlE COURT Do you wish to question S MR DITKOWSKY Im entitled to a foundation 6 MR SCHMIEDEL No Judge 6 TIlE COURT You can just state what is it What is 7 TIlE COURT Do you wish to respond sir 7 it 8 MR DITKOWSKY Certainly On or about April 20th I 8 MR DITKOWSKY Okay Its a letter dated 9 received an assignment from a number of friends and 9 April 28th 2009 addressed from Mary Sykes -shy

10 family of Mary Sykes and I was given two letters which 10 MR SCHMIEDEL Objection 11 I filed in the court Letter No1 and No2 refer to 11 MR DITKOWSKY -- to Michael Haggerty 12 Mary Sykes asking for shy 12 MR SCHMIEDEL Judge its a handwritten note 13 TIlE COURT Im not sure what youre talking about 13 Theres no foundation 14 sir Do you want to get something admitted here 14 TIlE COURT Okay Thats what hes saying it is 15 MR DITKOWSKY Sure Attached to my documents is 15 Okay So what do you want to do from here now A letter 16 Exhibit No1 I dont have a loose copy of it 16 from Mary Sykes to Mr Haggerty 17 TIlE COURT Well what are you offering right now 17 MR DITKOWSKY Okay Im not asking for the truth 18 Are you offering an exhibit on this hearing on sanctions 18 of the letter Im asking for the fact that I was given 19 MR DITKOWSKY Yes 19 these documents Okay I was given these documents by 20 TIlE COURT Well lets have it and give copies to 20 people who were friends and family of Mary Sykes 21 people 21 MR STERN Objection Foundation needs to be-shy22 MR STERN At this point Judge Ill just object 22 MS F ARENGA Objection 2 3 to foundation because he hasnt disclosed who he got it 23 TIlE COURT Again theres no document in evidence 2 4 from He just said a friend 24 so

MA YLEEN MENDELSON (773) 761-0449 MAYLEEN MENDELSON (773) 761-0449

Page 43 Page 45 1 THE COURT I dont know what it is Yeah I have 1 MR SCHMIEDEL But friends and -- Who are these 2 no idea what were talking about here Lets mark it I 2 people 3 guess 3 THE COURT Ill give it the weight I feel 4 MR DITKOWSKY Do you have a staple remover 4 appropriate I dont know who they are I have no idea S THE COURT I dont have one no 5 so 6 (Discussion off the record) 6 MR DITKOWSKY And this letter -shy7 THE COURT You should be ready for trial here Do 7 THE COURT Which you will not read from until you 8 you want to move on to another issue 8 lay a foundation 9 MR DITKOWSKY Theres only one Youwantmetogo 9 MR DITKOWSKY -- which I wont read from at this

10 through this issue You want me to testifY and I will 10 particular point in time -- (Continuing) - told me that 11 testifY 11 Mary Sykes was unhappy with the will 12 THE COURT You dont have to testifY sir Its up 12 MR STERN Objection 13 to you 13 THE COURT Sustained Sustained You cant read 14 MR DITKOWSKY Oh I want to I want to definitely 14 from it or summarize from it 15 testifY 15 MR DITKOWSKY Im not reading from it Im 16 THE COURT Lets move on sir 16 telling you my impression Im not telling you the truth 17 MR DITKOWSKY Well Im going to put my evidence 17 of the letter -- the truth of the statement Im telling 18 in I just have to take it out Ilabeled all of them 18 you my basis upon which I felt I needed a 137 19 Counsel has furnished copies of these things So the 19 investigation and I needed discovery in this particular 20 document entitled Exhibit No1 which is a letter dated 20 case 21 May 28th -shy 21 THE COURT Okay What did you do after you reviewed 22 THE COURT You cant testifY from it 22 the letter sir 23 MR SCHMIEDEL Its not in evidence 23 MR DITKOWSKKY After I reviewed the letter-shy

1 THE COURT Correct And-shy 24 THE COURT Put the letter downI MA YLEEN MENDELSON (773) 761-0449 MAYLEEN MENDELSON (773) 761-0449

Mayleen Mendelson (773) 761 0449

i

13 (Pages 46 to 49)

Page 46

1 MR DITKOWSKY Okay (Continuing) -- I got -- I 2 then went and checked to see ifthe infonnation in the 3 letter was correct And I did that by going to the 4 Secretary -- to the Recorder of Deeds office and in the 5 Recorder of Deeds office I found that material in the 6 letter in my opinion was true And I took -shy7 MR SCHMlEDEL Objection 8 TIlE COURT Yes Grounds 9 MR DITKOWSKY -- put that in as Exhibit 2

10 TIlE COURT Grounds 11 MR SCHMlEDEL Judge what part of the letter is he 12 referring to that he found was true 13 MR DITKOWSKY Well ifhe doesnt want me 14 to testifY -shyIS TIlE COURT Yeah I dont know because the letter 16 is not in evidence and its not really relevant to the 1 7 issue of sanctions 18 MR DITKOWSKY It certainly is 19 TIlE COURT Sustained for a number of reasons 20 Continue on 21 MR DITKOWSKY Okay Then I went and found a copy 22 ofthe deed referred to in Exhibit 2 23 MR STERN Objection relevance 24 TIlE COURT How is this relevant to the issue of


Page 47

1 sanctions 2 MR DITKOWSKY Yes it is 3 TIm COURT How 4 MR DITKOWSKY Its involving to the issue of 5 why -- of why I was going to ask this Court for leave to 6 appear and why I prepared the documents in preparation 7 for that And why Im contending that if this Court has 8 made up its mind then it should recuse itself pursuant 9 to the Wilson case and -shy

10 TIm COURT Counsel Im giving you every 11 opportunity to convince me that you are correct 12 MR DITKOWSKY Okay 13 TIm COURT Now I dont know what the evidence is 14 going to show But again were only on the issue of 15 you representing yourself as an attorney for Mary Sykes 16 How does a lawyer usually do that Interview the client 17 Is that what you think happens 18 MR DITKOWSKY Im interviewing pursuant to -- If 19 you want to look at the Astor case Friends and family 20 in that case went out and caused -- and caused the -- was 2 1 it the brother -- to be removed as guardian because -shy22 TIm COURT Counsel how do you get a client 23 MR DITKOWSKY How do you get a client I got a

4 client because friends of the family came to see me and I MAYLEEN MENDELSON (773) 761-0449

Page 48

1 told me that there were irregularities occurring in this 2 estate that there was financial exploitation -shy3 TIm COURT So does that give you the authority to 4 represent that person 5 MR DITKOWSKY I didnt -- I did not represent that 6 person I started to check the facts so I could file a 7 137 shy so I could comply with 137 I also checked it 8 even more carefully because the civil rights ofMary 9 Sykes could be violated and I wanted to see ifI could

10 get into Federal Court pursuant to 42 USC 1983 11 THE COURT Lets talk about the letter to 12 Dr Patel Could we talk about that letter to Dr Patel 13 MR DITKOWSKY Sure 14 TIm COURT Do you have that letter with you sir 15 MR DITKOWSKY Yes I do 16 TIm COURT And that had a number of things 1 7 connected to it or was it just a single letter 18 You tell me Its an April 22nd 2010 letter 19 MR DITKOWSKY 1 have to find the letter The 2 0 letter to Dr Patel does not indicate any enclosures 21 TIm COURT Fine Thank you Look at Paragraph 2 22 of that letter Can you read that into the record 23 MR DITKOWSKY After I appear for Mary Sykes 24 TIm COURT All right Stop Now dont you


1 represent to doctor at that time when you say after I 2 appear for her that you do represent her 3 MR DITKOWSKY No I do not 4 THE COURT What does that mean then 5 MR DITKOWSKY I represent -- I say in Paragraph I 6 Ive been contacted to represent the interests ofMary 7 Sykes I have received the following documents which are 8 labeled Exhibits 12 and 3 In reading Exhibits 12 9 and 3 there seems to be a definite conflict between

10 Exhibits 1 2 and 3 After I appear for Mary Sykes 11 Ill want all your records in connection with Mary Sykes 12 and Ill want a psych exam independently at the 13 University ofChicago to detennine if shes a day-to-day 14 disabled person 15 MR STERN Was Counsel aware that she was a 16 disabled person when he wrote the letter 17 MR DITKOWSKY Are you allowing him to 18 cross-examine me at this point I will answer that 19 question At that particular point I wasnt sure ifshe 20 was a disabled person or not 21 Because Dr Patel had written a number of 22 letters and in each he said that Mary Sykes was capable 2 3 and understood everything that was going on and he would 24 not sign -- he would not sign the document



14 (Pages 50 to 53)

Page 50 Page 52 bull

1 He then apparently subsequently signed the 1 MR DI1KOWSKY No 2-shy2 document and then wouldnt allow that document to be 2 THE COURT You cant read from it 3 used 3 MR DITKOWSKY I dont intend to Its part of my 4 THE COURT So do you know when she was adjudicated 4 examination ofthis transaction 5 a disabled person sir 5 THE COURT Next issue then 6 MR PITKOWSKY Im sorry 6 MR DI1KOWSKY Number 3 is I acquired a deed And 7 THE COURT Do you know when she was adjudicated 7 that deed -- found that deed in the Cook County Recorder 8 disabled 8 of Deeds office and it confirms -shy9 MR DITKOWSKY December 9 THE COURT No You cant read from it I

10 THE COURT December of 10 MR DI1KOWSKY Im not reading from it 11 MR DITKOWSKY I believe 2009 11 THE COURT Lets put it down 12 THE COURT December of 09 So when you wrote this 12 MR DI1KOWSKY -- in my mind it confirms exactly 13 letter in April 10 she had been adjudicated disabled 13 what Mary had said And thats Exhibit 3 14 had she not 14 THE COURT What Mary had said 15 MR DITKOWSKY Thats correct 15 MR DI1KOWSKY Mary said in her letter of-shy16 THE COURT So you wrote this letter knowing that 16 THE COURT Mary 17 she had been adjudicated disabled 17 MR DI1KOWSKY Mary Sykes wrote a letter which is 18 MR DITKOWSKY I knew that she had been -- I knew 18 in her handwriting dated May 28th 2009 to Mr Haggerty 19 that she had been an adjudicated disabled person yes 19 THE COURT Okay 20 THE COURT Right So you wrote a letter suggesting 20 MR DI1KOWSKY And it confirms exactly what she had 21 to this doctor that youre going to be representing her 21 said She indicated that she was unhappy with -shy22 did you not 22 MR STERN Objection Its not in -shy23 MR DITKOWSKY I already said after I appearfor 23 THE COURT Sustained Sustained 24 her I didnt say I was going to be representing for 24 MR DI1KOWSKY Number 4 is another letter This

MAYlEENMENDELSON (773) 761-0449 MAYLEEN MENDELSON (773) 761-0449

Page 51 Page 53 ~

1 her I didnt say I had the authority to appear for 1 one is undated but I thought it was June 2nd but it I 2 actually - ~2 anything I made no authority whatsoever

3 The whole reason that were today is to 3 MR STERN Objection to the foundation of -- I~ 4 intimidate me to keep me from -- keep me from filing 4 MR DITKOWSKY - June 7th but this is another i 5 complaints with the Illinois Department ofAging which I 5 letter furnished and part of this -- part of my

~ )1

6 have done and to keep this matter from -- from being 6 examination to -- from Mary and its in her handwriting 7 examined the way it should be examined And thats the 7 to daughter Carolyn 8 reason that Im here and to doc (phonetic) myself 8 MR SCHMIEDEL Objection Judge 9 And I presented this matter to the ARDC I 9 THE COURT Sustained

10 want to point out to the Court that I have also received 10 MR DITKOWSKY It also -- That letter also-shy11 Exhibit 4 which is a letter shy II THE COURT Sustained as to what the letter says or 12 THE COURT Wait Wait Hold on You want to mark 12 does or anything else about the letter 13 a new exhibit for your hearing here today 13 MR DITKOWSKY It was given to me and in my mind 14 MR DITKOWSKY Sure 14 its-shy15 THE COURT This is going to be No2 -- your No2 15 THE COURT No No No No No No What did 16 MR DITKOWSKY This is No4 16 you do as a result of the letter 17 THE COURT What happened to 2 and 3 17 MR DITKOWSKY What did I do as a result of this 18 MR DITKOWSKY No1 is the May 28th letter from 18 letter I continued my investigation And my 19 Haggerty Number 2 is my search -- my secretarys search 1 9 investigation brought me -shy20 of the computer -- the computer of the Cook County 20 THE COURT No Does this have anything to do with 21 Recorder ofDeeds Number 3 is the-shy 21 your alleged representation ofMary Sykes 22 THE COURT No No No Lets do one at a time 22 MR DITKOWSKY It will if the Court allows me to 23 Recorder of Deeds document of some kind All right So 23 represent Mary Sykes I have a letter -- another one 24 what do we want to do about No2 24 addressed to whom it may concern dated September 20th

MA YLEEN MENDELSON (773) 761-0449 MAYLEEN MENDELSON (773) 761-0449 I


15 (Pages 54 to 57)

Page 54 Page 56 t 1 2009 Again its in Mary Sykes handwriting I1 MR DITKOWSKY -- its addressed to daughter

THE COURT Doesnt she have -- Doesnt she have a 2 Carolyn i 3 guardian 3 THE COURT Thats enough about the letter Thank 4 MR DITKOWSKY She has a guardian but she has a 4 you 5 guardian who should never have been appointed She has a 5 MR DITKOWSKY This letter also gave me-shy6 guardian who -shy 6 THE COURT No Nothing about the letter sir 7 THE COURT Mr Ditkowsky-shy 7 Thank you 8 MR DITKOWSKY -- who caused and committed -shy 8 MR DITKOWSKY Okay Next letter is Exhibit 6 9 THE COURT -- relax Relax 9 Exhibit 6 is a valuation from Dr Patel and this is a

10 MR DITKOWSKY -- financial exploitation 10 letter that I assume was part ofthe record in this case 11 MR STERN Objection 11 And it points out -shy12 THE COURT Did you go through her guardian and say 12 THE COURT No You will not read from it sir 13 I want to talk to her 13 MR DITKOWSKY Okay The letter told me-shy14 MR DITKOWSKY Im investigating --Im 14 THE COURT Please 15 investigating the guardian to determine whether or not I 15 MR DITKOWSKY -- whether its true or not -- Im 16 want to go to court and what I have to do My job -- My 16 not talking about the truth of it Im telling you its 1 7 job in representing my client is to find out what my 1 7 one ofthe -shy18 clients facts are before I file pleadings 18 THE COURT Please Please stop talking You cant 19 MR STERN Whos that client Judge 19 read from it You cant tell me what the letter told 20 MR DITKOWSKY My client-shy 20 you 21 THE COURT Whos your client 21 MR DITKO WSKY Im not asking for the truth of it 22 MR DITKOWSKY My client are friends and family 22 Im asking -- Its not hearsay because Im asking the 2 3 One of my clients is sitting right here in court and 23 truth about telling you why I had to look further into 24 there (indicating) 24 this case and why I had to write to Dr Patel


Page 55 Page 57 ~

1 THE COURT Its not hearsay Its foundation ~

1 MR SCHMIEDEL You know Judge -shy2 Next Move on from this letter please sir2 MR DITKOWSKY The whole idea your Honor that I

3 have disclose my clients is reprehensible 3 MR DITKOWSKY That letter is from Dr Patel 4 Thats Exhibit 64 THE COURT Quit talking about -shy5 THE COURT How many ofthese do you have sir5 MR DITKOWSKY My clients are entitled to their

6 privacy They are interested in Mary Sykes and 6 MR DITKOWSKY Quite enough 7 interested in Mary Sykes welfare And they brought me 7 THE COURT Oh Well then were going to stop

8 right now You try to get some of these admitted because8 documents And they brought me documents so could I 9 appear in this court -shy 9 were not going to go on forever here Lets go back to

10 THE COURT All right Thats enough Anything 10 No1 Youre offering that into evidence today 11 MR DITKOWSKY Excuse me one minute11 else on the issue ofyou representing yourself as Mary

12 Sykes attorney 12 THE COURT Sir are you offering No1 in evidence 13 MR DITKOWSKY I did not represent myself as 13 Sir again -shy

14 MR DITKOWSKY Yes I will offer it14 anything other than as representing my clients who wanted 15 to know if Mary Sykes was being treated properly And 15 THE COURT Offer No1 Any objection 16 Id like to put those documents in evidence 16 MR STERN Yes

17 MR SCHMIEDEL Yes17 THE COURT What are you offering Are you offering 18 No1 18 THE COURT Whats the objection 19 MR DITKOWSKY I will Ill offer them all at one 19 MR SCHMIEDEL Foundation I

20 THE COURT Argument 12 0 time Number 2 is another letter from Mary Sykes 21 THE COURT Number 2 is the Recorder ofDeeds 21 MR DITKOWSKY Argument Im not answering [sic] I

22 for the truth ofwhat they say Im asking - The22 MR DITKOWSKY Number 5 rather No5 is a letter 2 3 letters were given to me that constituted my basis of2 3 dated September 20th 2009 and -shy

4 MR STERN Objection to the relevance 24 going into -- going in and investigating this matter to MAYLEEN MENDELSON (773) 761-0449I MAYLEEN MENDELSON (773) 761-0449


16 (Pages 58 to 61)

Page 58 Page 60

1 detennine ifMary Sykes was properly treated 1 MR DITKOWSKY No its not 2 11ffi COURT All right Thank you sir No 2 11ffi COURT I think youre mistaken Its not 3 foundation whatsoever That will not be admitted 3 relevant Theres no foundation Number 4 do you want 4 Number 2 Recorder of Deeds document 4 to offer that one 5 MR DITKOWSKY Same 5 MR DITKOWSKY Yes 6 11ffi COURT You want to offer that 6 11ffi COURT Any objection

7 MR SCHMIEDEL Same objection Relevance and7 MR DITKKOWSKY Yes 8 11ffi COURT Any response 8 foundation

9 TIIE COURT Do you want to argue that sir 9 MR SCHMIEDEL Two Foundation and relevance It 10 has nothing to do with whether or not he had the right to 10 MR DITKOWSKY Certainly 11 represent the people that he represents Mary Sykes 11 THE COURT How is this letter relevant or whats 12 11ffi COURT Any response to that sir 12 the foundation 13 MR DITKOWSKY Yes 13 MR DITKOWSKY Certainly This is anotherletter 14 11ffi COURT How is it relevant 14 that should have been investigated to determine-shy15 MR DITKOWSKY How is it relevant These 15 MR STERN Objection 1 6 transactions -- What youre attempting to do in this 16 MR DITKOWSKY Can I finish

1 7 THE COURT Let him finish Counsel Argument on17 situation is avoid the question of whether or not there 18 was misconduct on the part ofthe guardians 18 the objection 19 THE COURT Thats not the question sir The 19 MR DITKOWSKY (Continuing) -- ifthere was 20 question is did you represent yourself as her attorney 20 financial exploitation by the plenary guardian In 21 MR DITKOWSKY Maam may I speak 2 1 particular it appears from all these documents -shy

22 THE COURT Counsel you cant testify as to what it22 11ffi COURT Yeah But youre talking off topic 2 3 Youre not making really -shy 23 appears 24 MR DITKOWSKY Oh yes 24 THE COURT Im arguing right now


Page 61Page 59

1 THE COURT Its not relevant 1 THE COURT Okay Thats enough Thank you very 2 MR DITKOWSKY Because the reason for bringing this 2 much No foundation Its not relevant 3 thing is just as important as anything else This whole 3 MR DITKOWSKY I object to it I wish I could 4 proceeding is brought to try and silence me and I will 4 fmish my statement 5 not be silenced 5 THE COURT Yeah But your statement is really off 6 THE COURT Not true Mr Ditkowsky So no 6 topic It doesnt focus on the issues that are before 7 foundation Its not relevant Number 3 do you want to 7 the Court today sir 8 offer that one 8 MR DITKOWSKY No it isnt It certainly is not 9 MR DITKOWSKY Certainly 9 THE COURT Number 5 the letter -- another letter

10 THE COURT Any objection 10 from September 20th Are you offering that sir 11 MR SCHMEIDEL Same objection Judge Relevance 11 MRDITKOWSKY Of course 12 and foundation 12 THE COURT All right Any objection 13 THE COURT Do you want to make any arguments sir 13 MR STERN Same objection 14 MR DITKOWSKY You want me to respond 14 MR SCHMIEDEL Same objections 15 Can I have some more water please IS THE COURT You want to argue how its relevant and 16 THE COURT You can make your argument on whether or 16 whats the foundation 17 not its relevant or theres a foundation 17 MR DITKOWSKY Certainly Its very relevant in my 18 MR DITKOWSKY Its relevant and its to show that 18 detennination why I was going to ask this Court to appear I 19 the guardian ad litem -- the guardian ad litem did not 19 for Mary Sykes And I was going to do my 137 ~ 20 investigate and detennine if the plenary guardian -- if 20 investigation by detennining -- by this letter telling me i 21 the plenary guardian had an interest that was in conflict 21 that there had been severe financial exploitation by the ~ I~ 22 with the alleged disabled person 22 plenary guardian and this appeared to be covered up 23 THE COURT Isnt the only issue here today is your 23 THE COURT All right Thank you sir Theres no 4 actions sir 24 foundation Its not relevant That will not be

I MAYLEEN MENDELSON (773) 761-0449 MAYLEEN MENDELSON (773) 761-0449


17 (Pages 62 to 65)

Page 62

1 admitted Number 6 evaluation letter by Dr Patel Are 2 you offering that today 3 MR DITKOWSKY Oh yes Definitely 4 THE COURT Whats the date on that 5 MR DITKOWSKY The date ofthat letter is June 5th 6 2009 7 THE COURT Is there any objection to that 8 MR STERN Yes 9 THE COURT Grounds

10 MR STERN Foundation and relevance 11 THE COURT How is this relevant to the issue of 12 your actions sir 13 MR DITKOWSKY This shows doctor shopping This 14 plus a bunch ofother documents show that there was 15 doctor shopping here to find a doctor who would fmd Mary 16 incompetent 1 7 THE COURT How is this relevant to the issue of 18 your sanctions 19 MR DITKOWSKY Its _ The issue is because of the 20 fact that I was investigating on behalf ofmy clients to 2 1 find out ifthere was any truth to it And it motivated 22 me to do two things One ask the guardian for his 23 reports and the second is to write Dr Patel and try and 24 see ifhe could explain to me why this situation was


63

1 existing 2 THE COURT No foundation not relevant Lets move 3 on from your documents sir They dont seem to have any 4 foundation and are not relevant to the issue ofwhether 5 or not you represented yourself as an attorney for Mary 6 Sykes 7 MR DITKOWSKY Your Honor I want to make an offer 8 ofproof 9 THE COURT Offer of proof as to what

10 MR DITKOWSKY As to - As to my due diligence in 11 investigating this situation 12 THE COURT But sir your investigation in this 13 situation is not relevant to your hearing -- to this 14 hearing 15 MRDITKOWSKY Oh yes it is Its relevant 16 because of the fact -shy1 7 THE COURT Its not sir 18 MR DITKOWSKY Its relevant to my writing a letter 19 to Dr Patel 20 THE COURT No offer ofproofwil1 be made Its 2 1 not relevant to the proceedings Do you want to continue 2 2 with your testimony on whether or not you should be 2 3 sanctioned for -- seem to be representing that you 24 represent Mary Sykes Any further statement or

I MAYLEEN MENDELSON (773) 761-0449

Page 64

1 testimony I should say that you want to give sir 2 MR DITKOWSKY The testimony is that I wrote 3 Dr Patel that After I appeared -- not that I was 4 appearing at that particular time -- but after I appeared 5 for Mary Sykes I want all ofyour records And I base 6 that upon the documents that we talked about plus 7 Exhibit 7 Exhibit 8 Exhibit 10 which is particularly 8 interesting because Exhibit 10 bullbull 9 MR SCHMlEDEL I havent gotten Exhibit 10

10 THE COURT Yeah Theres no such thing in 11 evidence sir 12 MR DITKOWSKY Well I can present it Exhibit 10 13 is a pleading in this case It actually -- It was 14 consolidated with this case so it is actually before the 15 Court And Exhibit lOis kind of interesting because -shy16 THE COURT What is Exhibit 10 sir 17 MR DITKOWSKY Exhibit 10 is a petition filed by 18 Mary Sykes in Case 09 092886 which is apparently has 19 been consolidated with this case as a petition for an 2 0 order of protection 21 MS FARENGA But Counsel published that too 22 THE COURT Wait Wait Wait Counsel do you 23 have a copy of that for everybody Can I see judicial 24 notice of pleadings in other files or just in this file


Page 65 ~ 1 MR DITKOWSKY Its part of this file Anything in I 2 the court files is from the Circuit Court of Cook County II 3 because youre a Cook County judge I 4 MS F ARENGA I dont believe there was a formal ~

5 consolidation of those two cases your Honor ~ 6 MR STERN Judge whats the relevance ofthe issue 7 of sanctions This is a pleading filed in the middle of ~ 8 2009 r

9 THE COURT Right How is it relevant 10 MR DITKOWSKY How is it relevant Its relevant 11 because it refers to matters that should have been part 12 of this proceeding that motivated me and required me to 13 look further into the transaction Particularly this 14 transaction says that Mary Sykes -- the petition in there 15 says that Mary Sykes 16 THE COURT Okay You cannot testify as to what it I 1 7 contains sir So this is not relevant to this I 18 proceeding m 19 MR DITKOWSKY Qh it certainly is Its part of ~

2 0 this proceeding g 21 THE COURT I disagree sir but thank you very 22 much Not relevant to your issue of sanctions All 23 right Redirect 24 MR DITKOWSKY Im not finished



18 (Pages 66 to 69)

Page 66 Page 68

1 MS FARENGA Im not finished either 1 transcript says I said thats probably what I said I 2 THE COURT Ten more minutes for your testimony 2 intended -shy3 then sir because none ofyour testimony seems to be 3 MR STERN Judge we have -- its actually attached 4 addressing the issue that is before the Court Ten 4 to one of the pleadings for today But Page 7 The 5 minutes and that will be it Continue 5 Court You sent it to the doctor it what did the doctor 6 MR DITKOWSKY Iobject I dont think this is a 6 think that you represent her Mr Ditkowsky I do 7 fair proceeding if Im limited 7 represent her 8 The next are some affidavits that appeared in 8 THE COURT Oh Okay What page are we on 9 this court They were provided to this court One is an 9 MR STERN Page 7

10 affidavit by my client Scott Evans which was sent to 10 THE COURT Can you show that to Mr Ditkowsky 11 this court Another -- Thats Exhibit II Exhibit 12 is 11 MR STERN And then it says The Court Counsel 12 a statement made by Josephine DePateno (phonetic) who is 12 do you represent her in this case Mr Ditkowsky I 13 a sister of Marys And these also point out -shy 13 represent her because her family has hired me to 14 THE COURT Counsel youre not going to say what 14 represent her 15 they point out Please Weve already been through 15 MR DITKOWSKY Thats my answer Thats probably 16 this How is this relevant to your -shy 16 what I said 17 MR DITKOWSKY Its relevant because they point out 17 THE COURT So Mr Ditkowsky you say on the record 18 to me -- they point out that me as an attomey -shy 18 that you do represent her 19 THE COURT As to the sanction issue 19 MR DITKOWSKY I say Im being hired by her family 20 MR DITKOWSKY As to the sanction issue it 20 to represent her and represent her interests 21 motivates me to ask the questions of Dr Patel that I 2 1 THE COURT Your answer to my question was I do 22 asked 22 represent her 23 THE COURT Okay Not relevant no foundation 23 MR DITKOWSKY If thats what it says it says and 24 Okay Lets move on There are no more documents sir 24 its probably what I said But I meant to say -shy


Page 67 Page 69

1 THE COURT But you didnt represent her did you 2 MR SCHMIEDEL Judge at this point first of all 1 MR DITKOWSKY Oh yes there are documents

2 MR DITKOWSKY I was hired to represent her I was 3 whenever hes saying is cumulative - cumulative 3 hired to represent her interests I was hired to 4 non-relevance and non-foundation Even ifthey were 4 represent what appears to be elder abuse and appears to 5 relevant theyd be cumulative But theyre not so 5 be elder abuse that this Court is involved in And 6 THE COURT So lets move on Is there any other 6 thats the thing that disturbed me 7 testimony you want to offer -- 7 THE COURT Oh my goodness Are you accusing this 8 MR DITKOWSKY Oh certainly Id be willing to 8 Court ofelder abuse Mr Ditkowsky 9 answer any questions Im also pointing out that I have 9 MR DITKOWSKY Im saying that on August 31 st

10 documentation here which is attached to my - the 10 theres a transcript where this Court says to the 11 documents that are filed 11 guardian who couldnt get a report to get another 12 THE COURT Lets stop with the documentation Did 12 doctor Im saying there are things in here in this ~ 13 you ever tell this Court that you represented Mary Sykes 13 transcript that are shocking n

1

14 MR DITKOWSKY Whatever I told this Court - I 14 THE COURT All right There are things in this 15 dont believe I did -- but whatever I told this Court is 15 transcript that are shocking as well Mr Ditkowsky Do 16 part of the record here 16 you want to inquire further Mr Stem 17 THE COURT Well Im asking you sir Under oath 17 MR STERN Thank you Just briefly Judge 18 did you ever tell this Court that you represented Mary 18 REDIRECTEXANITNATION 19 Sykes 19 BY MR STERN 20 MR DITKOWSKY I did represent Mary Sykes 20 Q Mr Ditkowsky do you recall testifying on 21 THE COURT In this proceeding 21 April 26th 2010 in this courtroom

i22 MR DITKOWSKY I dont recall 22 A Theres a question ofwhether I said -- I ~3 THE COURT You just dont recall 23 recall making statements to this Court and answer to the I

(j

4 MR DITKOWSKY I dont recall Whateverthe 24 Courts inquiry i MAYLEEN MENDELSON (773) 761-0449 MAYLEEN MENDELSON (773) 761-0449I I

d


19 (Pages 70 to 73)

Page 70 Page 72 I 1 Q Do you recall being present in front of Judge 1 referring to 2 Connors and answering her questions 2 A Youve seen two ofthe people are in the 3 A Yeah I was ambushed to bring it here I 3 courtroom today I do not have to disclose my clients 4 wasnt before this Court I did nothing before this 4 I do not have to disclose -shy5 Court Im not even before the jurisdiction of this -shy 5 MR STERN I have no other questions 6 wasnt even before the jurisdiction of this Court 6 THE COURT Anything else Do you wish to question 7 Q Are you a licensed attorney in the State of 7 MR SCHMlEDEL I think he needs to answer that 8 lIIinois 8 question Judge I think he can identifY Scott Evans I 9 A Yes I am 9 dont know who the other person is -- the name of the

10 Q And did you appear in front of Judge Conners on 10 other person But he needs to say 11 April 26th 2010 Yes or no 11 Ifone ofthe persons is Gloria Sykes whos 12 A In response to shy 12 already represented by counsel in this case So ifshe 13 Q Yes or no 13 is surreptitiously hiring somebody else to represent her 14 A Did I appear Your question -- Define 14 interest the Court should know that 15 appearance 15 THE COURT Mr Ditkowsky you wont disclose who 16 Q Did you stand in front of the Judge Maureen 16 you represent 17 Connors on April 26th 2010-shy 17 MR DITKOWSKY Why should I My clients are 18 A I was physically present before the judge 18 entitled -- are entitled to privacy My clients have 19 Q Thank you And were you asked by Judge 19 been intimidated Ive seen what happened with the 20 Connors - referring to the appearance - who did you 2 0 situationshy2 1 send this to did you send it to the doctor And do you 2 1 MR SCHMIEDEL He cant come in here and file 22 recall answering I sent it to everyone to let them know 22 documents by friends and family without -shy23 that Im going to be representing her Do you recall 23 MR DITKOWSKY I have done nothing before this 24 giving that answer 24 Court


Page 71 Page 73

1 A I probably did The fact is -- The fact is if 1 THE COURT Okay Thats the testimony relative to 2 I sent it to everybody they would appear on an enclosure 2 the issue of sanctions Do you wish to call any -shy3 on the letter 3 MR STERN I just have one other witness 4 THE COURT Pardon me 4 THE COURT Pardon me 5 MR DITKOWSKY I would have marked it on the letter 5 MR STERN I have another witness 6 if I had sent it It doesnt show on the letter that I 6 THE COURT And Ms Farenga do you wish to ask any 7 sent anything 7 questions 8 BY MR STERN 8 MS FARENGA I wish to make my deferred opening 9 Q Counsel do you recall also on April 26th 9 statement which is about one sentence

10 2010 in response to the Courts question Counselshy 10 11 Im sorry The Court says You sent it to the doctor 11 OPENING STATEMENT BY MS FARENGA 12 and what does the doctor think that you represented her 12 13 And your answer was I do represent her Do you recall 13 Which is merely that this motion is in every regard 14 making that statement to the Court 14 frivolous because it is premised on Mr Ditkowskys 15 A I recall telling the Court that I had been 15 apparently uninvestigated and uninformed belief that 16 hired by friends and family to represent -- to represent 16 Dr Patel provided the only CCP 211 In fact the 17 Mary Sykes and Mary Sykes interests And Im still 17 deciding CCP 211 was provided by Dr Mark Ander 18 hired by those people to represent Mary Sykes interests 18 (phonetic) and that report was obtained at their 19 and I am representing the interests ofMary Sykes in 19 direction of Gloria Sykes 20 every proceeding that I possibly can 20 THE COURT Thank you Do you wish to call any 21 I have filed a complaint with the Illinois 21 other witnesses 22 Department of Aging because ofthe transactions -- things 22 MR STERN I do 23 I found out in here 23 THE COURT Next witness 24 Q And who are the family and friends that youre 24 MR STERN I call Ms Farenga



20 (Pages 74 to 77)

Page 74 Page 76 I 1 WHEREUPON 1 THE COURT Again it is not So next question I

CYNTHIA FARENGA 2 please I 3 called as a witness herein having been ftrst duly swom 3 BY MR DITKOWSKY I 4 was examined and testifted as follows 4 Q You dont know if Dr Patel received anything 5 DIRECT EXAMINAnON 5 from me do you i 6 BY MR STERN 6 A Do I know whether he received -shy7 Q Can you state your name for the record 7 Q Do you have any personal knowledge that 8 A Cynthia Farenga FAR ENG A 8 Dr Patel received any letters from me 9 Q And how are you affiliated with the Mary Sykes 9 A No

10 case 10 Q And you have no idea what Dr Patel-- whether 11 A I was appointed guardian ad litem for Mary 11 Dr Patel received an appearance form or not 12 Sykes 12 A From you Mr Ditkowsky 13 Q In your capacity as guardian ad litem on or 13 Q Yes 14 around April 23rd did you receive a copy of a letter to 14 A All I know is that there was an appearance fonn 15 Dr Patel from Attorney Ken Ditkowsky 15 attached to the letter ofyour copy to Mr -- Dr Patel 16 A Yes I did 16 that I received 17 Q And in that packet did it enclose an 17 Q SO you dont know if Dr Patel received one 18 appearance form under this case name Mary Sykes with 18 A No 19 this case number stating that - signed by Mr Ditkowsky 19 MR STERN Objection asked and answered 20 that he represents Mary Sykes 20 TIIE COURT She doesnt know So sustained Next 21 A Yes I did 21 question 22 Q And was that - Was there a file stamp on 22 BY MR DITKOWSKY 23 there 23 Q Did you send me a copy of your guardians 24 A I dont recall - I dont recall seeing it 24 report

MAYLEEN MENDELSON (773) 761-0449 MAYLEEN MENDELSON (773) 761-0449 ~

------------------------~~-------------+----------------------------~~----------~~Page 75 Page 77 mi1 Q Do you recall whether Mr Ditkowsky was ever 1 MR STERN Objection relevance

2 asked to receive legal court to file that appearance at 2 THE COURT Sustained 3 that time 3 MR DITKOWSKY Its cross-examination 4 A Yes I knew he had not Thats one reason I 4 BY MR DITKOWSKY 5 remember receiving it because I knew he had not obtained 5 Q What other Jetters did you receive from me 6 leave of court and I was intense 6 MR STERN Objection to relevance ~ 7 MR STERN Nothing further 7 THE COURT Sustained j 8 THE COURT Do you wish to ask questions 8 MR DITKOWSKY Can I make an offer of proof 9 Mr Ditkowsky 9 THE COURT Yes Make an offer of proof

10 CROSS-EXAMINATION 10 MR DITKOWSKY Guardians received a bunch of 11 BY MR DITKOWSKY 11 letters from me in particular they received a letter -shy12 Q You received a letter What letter did you 12 I dont have it with me - its somewhere in the 13 receive from me 13 documents that I filed -- which asked for their reports 14 A A copy ofyour letter to Dr Patel 14 And they also received information from me that I felt 15 Q Did you receive a letter asking for your 15 there were some problems in connection with it g 16 report -- regarding your report 16 The reasons for these proceedings proceeding is I 17 MR STERN Objection relevance 17 the fact that theres a couple up here of whats going on ~ 18 THE COURT How is that relevant 18 with Mary Sykes and the fact the guardians did not look ~ 19 MR DITKOWSKY Because if she wants to know what 19 into the financial exploitation of Mary Sykes they ~ 20 letters I wrote I want to know about that letter too 20 didnt notice that Mary Sykes -- that Mary Sykes will 21 THE COURT Okay Well thats not relevant to this 21 had been changed to create a trust -- a trust for the 22 issue 22 plenary guardian They didnt notice that this 23 MR DITKOWSKY It certainly is It certainly is 23 proceeding started a meeting when Mary started to make ~

1 because it may come with a package of letters 24 changes shyMAYLEEN MENDELSON (773) 761-0449 MAYLEEN MENDELSON (773) 761-0449 I


21 (Pages 78 to 81)

Pagoe 78 Page 80

1 that-shy1 MR STERN Objection Judge Objection to what 2 MR DITKOWSKY Ive offered evidence that I did2 1-shy3 not-shy3 MR DITKOWSKY Its my offer of proof Counsel 4 THE COURT No Are you calling any witnesses4 THE COURT Yeah Counsel its an inappropriate 5 MR DITKOWSKY Theres no point in calling5 offer of proof 6 witnesses The Court has already made its decision6 MR DITKOWSKY It is not Because its very 7 THE COURT I have not sir Im waiting for your7 important because the guardians have responsibility -shy

8 8 evidence 9 MR DITKOWSKY Youre waiting for my evidence You9 THE COURT Your offer of proof can end now sir

10 wont let me put on evidence ofwhats going on over10 Thank you That will be sufficient for your offer of 11 here You wont let me put on evidence that the plenary11 proof Okay Anything else Any other questions 12 guardian-shy12 MR DITKOWSKY They were asking questions 13 THE COURT On the issue of the sanctions do you13 MR STERN No You were-shy14 have any witnesses14 THE COURT You were asking questions of 15 MR DITKOWSKY On the issue of sanctions -- The15 Ms Farenga 16 issue of the sanctions is I have told the Court that I16 MR DITKOWSKY Well if Im not going to be able to 1 7 tried to make an investigation I was making an17 ask the questions Im not going to bother with it 18 investigation And this is an attempt to prevent me from18 THE COURT All right Thats your choice sir 1 9 making an investigation that would have been required shy19 Thank you Any other witnesses 2 0 that would have been required by Rule 11 and is required20 MR STERN No your Honor 21 by Rule 137 The point here very simply -shy21 THE COURT Youre resting at this time 22 THE COURT All right Im just talking about22 MR STERN Yes 2 3 witnesses So you dont have any witnesses is that23 THE COURT Mr Ditkowsky do you wish to call 24 right24 any-shy


Page 79 Page 81 I 1 MR DITKOWSKY At this point Im not going to call 1 MR DITKOWSKY I dont know

~

2 any witnesses I have to present -- It looks like -- It 2 THE COURT Well call your witness 3 looks like this Court is not going to allow me to bring 3 MR DlTKOWSKY Theres no point to it Theres no 4 witnesses in 4 point to it The Court has already made up her mind S THE COURT Well were here for hearing today sir s THE COURT I have not 6 You can call your witness Please feel free 6 MRDITKOWSKY And wont give me - And wont shy7 MR DlTKOWSKY Were not here -- Because Ive asked 7 THE COURT Thats your decision sir to call no 8 for a change in venue because I felt the Court was biased 8 witnesses in your defense relative to the issue of 9 against me in connection with this proceeding based 9 sanctions Thank you very much The evidence is closed

10 upon-shy 10 Do you wish to make a closing argument Mr Stem II MR STERN Objection There is no pleading to that 11 MR STERN Briefly your Honor 12 effect whatsoever 12 THE COURT What has the evidence shown 13 THE COURT Right 13

14 MS FARENGA Not one -shy 14 CLOSING ARGUMENT BY MR STERN IS MR DlTKOWSKY There is a pleading on file 15

16 MS FARENGA Neither guardian ad litem nor counsel 16 The evidence has shown and Mr Ditkowsky in his own 1 7 for guardian has received a pleading 17 words in combination ofthe transcript of the last court 18 MR DlTKOWSKY How come we have two guardian ad 18 proceeding and today that he has signed an appearance 19 litems in this case ganging on up on me This is a 19 form under the case name ofMary Sykes with the court 20 case -- we have a $45000 bond -shy 2 0 number for this case stating that he represents Mary 21 THE COURT You know your own court reporter is not 21 Sykes He did not have legal report to that -- to do 22 getting the record Mr Ditkowsky So if youre talking 22 that 23 over people all the time you wont make a record 23 Taking in account that -- Dont even take into l4 So no evidence youre offering today sir Is 24 account that Mary Sykes is not a disabled person and that



22 (Pages 82 to 85)

1

Page 82

he hasnt received leave of Court or petition from the guardian he has not talked to Mary Sykes by his own

1 2

Page 84

office That has nothing to do with today That has nothing to do with anything

~

i I ~ 3

4

5

6

admission since 2001 2002 Its very clear from his testimony today that

his clients are in fact this group quoteunquote family and friends He wont disclose to the Court

3

4

5

6

The issue is solo on whether its sanctionable conduct that Mr Ditkowsky sent out to a third party Dr Patel a letter and an un-filed unstamped appearance form stating that he represented Mary Sykes in this

I I

7 besides Mr Evans who his clients are 7 proceeding And that is sanctionable conduct a MR DITKOWSKY Thats not true The other 8 He has not filed any responsive pleading to 9 gentleman here was sitting in the front row -shy 9 that nor is any of his arguments really related to any

10 THE COURT Will you let Counsel argue please 1 0 defense ofthat particular action 11 MR STERN Mr Ditkowsky has not disclosed anything 11 THE COURT Sir what has the evidence shown 12 to the Court in any ofhis statements today The issue 12 MR DITKOWSKY Several situations here Firstof 13 is very narrow The issQe is not whether we are trying 13 all this Court doesnt have jurisdiction over this 14 to silence Mr Ditkowsky allow him to represent himself 14 matter The case of Scol ick (phonetic) versus 15 or do his own investigation on behalf of anybody Thats 15 Altimer amp Grey and the case of Reed Farms versus Yates 16 not the issue for today and Mr Ditkowsky cannot seem to 16 are very clear If did anything wrong the complaint 1 7 understand that 1 7 to the ARDC is the appropriate place The Court pointed 18 The issue today is sanctions by sending out an 18 out that they oUght to file an ARDC complaint against me 1 9 appearance form accompanied with a letter to a doctor -shy 19 so they did Thats the place where it goes 20 a former doctor ofMary Sykes stating that he either is 20 I filed no pleading Counsel has admitted I 2 1 representing her or was going to represent her or 21 filed no pleading in here so theres no basis upon the 22 whatever it is He did not have any pleading on file at 22 sanctions If theres a problem here call the ARDC 23 that point asking permission ofthis Court He sent it 23 Theyre the only ones who have the authority to sanction 24 out -- His own admission is he sent it out 2 4 me A party cannot seek -- In the Altimer amp Grey case


Page 83 85

1 By sending that out that caused the rest of 1 the Court ruled a party cannot seek redress in a trial 2 us in terms ofMr Schmiedel Ms Farenga myself the 2 court for the mere misconduct of an attorney where what 3 guardian everyone else to waste time and effort to 3 is sought is only the penalizing attorney for such 4 respond to somebody whos claiming to represent a 4 misconduct 5 disabled person That adjudication occurred in 5 The only form for exacting this punishment is 6 December of2009 6 the Illinois Supreme Court citations One is Middem 7 It is clear from Mr Ditkowskys statements 7 (phonetic) 119 III 2nd 2119 In Re the Marriage of 8 today as hes pulling out court records and other things 8 Dahl (phonetic) 212 III App 3rd 85 9 which he claims were in the file is that he had 9 et cetera

10 awareness that Mary Sykes had a probate case pending and 10 Then they go on to say An attorney cannot be 11 that she was an adjudicated disabled person 11 sanctioned by the trial court for violating the code of 12 And so when he sent out the form questioning 12 professional responsibility Attorney registration and 13 Dr Patels evaluations in this case and sending out that 13 discipline commission is an arm The Supreme Court is a 14 additional appearance he was aware that she was a 14 forearm which the latter charges are to be heard and 15 disabled person under jurisdiction of court 15 this has been opposed 16 Its clear from the statements today as well as 16 And then in the Yates case it says The Supreme 17 the evidence that he tried to put in today as well that 17 Court has the exclusive plenary jurisdiction over 18 he had an awareness of that and ignored that fact when he 18 attomey discipline matters The courts other than the 19 sent out that letter That is a sanctionable conduct 19 Supreme Court may adjudicate matters touching on ~ 20 This is not an issue of whether the guardian 2 0 attorney discipline only when acting as agents ofthe ~ 21 mayor may not have done something wrong This is not an 21 Supreme Court under the direct order of the court m 22 23

4

I

isste of whether in 2005 whether Mary Sykes changed her will or not This is not an issue of in 2005 whether a document recorded with the Cook County Recorder ofDeeds


22

23

24

Attorney discipline proceedings are conducted by the Illinois Attorney Registration and Disciplinary Commission and are completely separate from the judicial


) yen ~I I


I Page 86

1 proceedings in which the alleged attorney misconduct 2 occurred A denial of attorney less his fees imposed 3 solely as a sanction for unprofessional conduct on his 4 part will constitute dismissal and infringement on 5 exclusive power of the Supreme Court acting through the 6 ARDC to adjudicate disciplinary matters The Reed Farms 7 case is cited as 172 III App 3rd 519 8 Since I filed nothing in this court prior to 9 the motion for sanctions there is no sanction available

10 And I did not appear in this court to commit any action 11 sanctions IfI did anything wrong its an ARDC 12 complaint and thats the only place -- the only place 13 that has the authority 14 Now in preparation for this matter -shy15 MR SCHMIEDEL Judge can I just say one thing 16 MR DITKOWSKY Why should I be interrupted 17 MR SCHMIEDEL Because I move to strike the 18 entirety of that He was given an opportunity to file a 19 brief and a response to the motion for sanctions He did 20 not do that He did not raise these issues in his 21 opening statement or otherwise put out any of these 2 2 issues with respect to his case in chief Theyre 23 all waived 24 MR DITKOWSKY This is jurisdictional


Page 87

1 THE COURT Well Im going to allow how him to make 2 the argument 3 MR DITKOWSKY This is jurisdictional so 4 THE COURT All right Continue sir 5 MR DITKOWSKY Okay Now this court is a 6 constitutional court This court is set up to protect 7 the interest of guardians The Court doesnt want to 8 hear some ofthe things I have to say but Im going to 9 say a lot of them anyway

10 The 6th Amendment provides for counsel Mary 11 Sykes should be entitled to counsel She was denied 12 counsel 13 MR STERN Objection Thats not what were here 14 for today 15 THE COURT Counsel youre getting far afield -shy16 MR DITKOWSKY The case here -- The case here - If 17 you look at the petitionmiddot- Ifyou look at the petition 18 the statement theres a statement in the petition It 19 says previously in this case Mary [sic] Sykes asked this 20 court to appoint an attorney for her mother Mary Sykes 21 THE COURT What are you reading from 22 MR DITKOWSKY Im reading from Paragraph 5 of the 23 petition

4 THE COURT What petitionI MAYLEEN MENDELSON (773) 761-0449

23 (Pages 86 to 89)

Page 88

1 MR DITKOWSKY Im reading from something that I 2 prepared 3 THE COURT Oh Has it been filed in the case No 4 Then you cant read from it 5 MR DITKOWSKY The point here your Honor is that 6 the guardian here and Counsel both called me to tell me I 7 couldnt represent Mary Sykes because the Court had 8 already ruled that the Court was refusing to give her an 9 attorney

10 MR STERN Objection Thats not in evidence 11 MR DITKOWSKY Thats part of it That occurred 12 But thats not the issue The issue here is the fact 13 that before this Court there are some serious problems 14 One is the problem of financial exploitation Another is 15 the problem of-shy16 THE COURT Counsel its not in evidence in this 17 case 18 MR DITKOWSKY The evidence in this case is here 19 Its all before the Court 20 THE COURT Anything else Youre going to end up 21 with your closing now Couple more minutes Lets go 2 2 What this evidence has shown 23

24 CLOSING ARGUMENT BY MR DITKOWSKY MAYLEEN MENDELSON (773) 761-0449

Page 89

1

2 The evidence is no jurisdiction I cannot be 3 brought in this court from the street for something that 4 I did The only place that they can file a complaint 5 with me is at the ARDC I did nothing before the 6 petition was done They suffered no damage whatsoever 7 and they brought themselves And the only people that 8 can discipline me for contacting Dr Patel is the ARDC 9 THE COURT All right Thank you Anything in

10 response 11 MR STERN Again Judge Mr Ditkowsky appeared in 12 court on that April 26th 2010 court date He was given 13 14 days to reply He did not do so And anymiddot- As 14 Counsel Mr Schmiedel just stated I think any of his 15 arguments are deemed waived by not filing that response 16 And instead he choose to file these motions that he keeps 17 referring to 18 THE COURT All right Reading from the transcript 19 of April 26th 20 I0 the court proceedings in this 2 0 matter Question from the Court Counsel do you 21 represent her right now 22 And Im addressing my question to 23 Mr Ditkowsky 24 Mr Ditkowskys response _ it says on Page 6



24 (Pages 90 to 93)

Page 90

1 Right now her family has hired me to look into this 2 matter The Court asks Do you represent Mary Sykes 3 Right now I have not filed an appearance I have not 4 asked The Court Counsel what is this additional 5 appearance Because I was sending it to everybody and I 6 was going to prepare as soon as I am ready a motion to 7 proceed to represent her Who did you send this to 8 This is the Court Did you send it to the doctor I 9 sent it to everyone to let them know that Im going to be

10 representing her Referring to the Jetter that was sent 11 to Dr Patel You admitted in Court sir you are an 12 officer of this Court that you sent that letter to 13 everyone to let them know that Im going to be 14 representing her 15 Now then you say because I will be asking the 16 court to represent her and she is entitled to 17 representation The Court then asked on Page 7 You 1 8 sent it to the doctor and what does the doctor think 19 that you represent her Mr Ditkowsky states I do 20 represent her The Court Counsel do you represent her 21 in this case Mr Ditkowsky says I represent her 22 because her family has hired me to represent her 23 You in front of this court Counsel as an 24 officer of the court as an attorney represented to me


Page 91

1 that you represented Mary Sykes Thats the testimony 2 MR DITKOWSKY Whatever I said I said 3 THE COURT Well Counsel its in the transcript 4 MR DITKOWSKY Whatever I said I said 5 THE COURT And not only do you say that -shy6 MR DITKOWSKY I dont deny what I said 7 THE COURT -- you also admitted that you sent a 8 copy of this letter which enclosed the appearance to 9 Dr Patel That action happening in this court directly

lOin front of this Court is contemptuous behavior sir so 11 the sanction will be allowed Thank you 12 Do you want to have a hearing on the sanction 13 or do you want to present petitions 14 MR DITKOWSKY Can I have a 304 order 15 THE COURT Put it in writing 16 MR DITKOWSKY Writing the 304 order 1 7 THE COURT Yeah 18 MR DITKOWSKY I have some motions here also 19 THE COURT Any other issues we have before the 2 0 Court today 21 MS FARENGA Well the standing issue at large 22 MR STERN Correct Mr Ditkowsky has just 23 mentioned hes filed numerous motions as well as

4 discovery requests I have filed a motion to strike at I MAYLEEN MENDELSON (773) 761-0449

Page 92 ~ 11

1 least one ofhis motions I know Counsel-- Mr 2 Schmiedel has also filed a motion to strike his 237 3 motion I think this issue needs to be addressed 4 MR SCHMlEDEL Judge we need to stop this 5 THE COURT I agree 6 MR SCHMlEDEL This is madness It really is We 7 have a woman who is doing wonderfully These allegations 8 that have been hurled against my client -shy9 THE COURT All right Hold on Mr Ditkowsky who

10 do you intend to represent 11 MR DITKOWSKY Ive asked to represent -- Ive 12 asked to represent Mary Sykes 13 THE COURT Denied Who do you represent sir 14 MR DITKOWSKY I represent the family of Mary 15 Sykes 16 THE COURT You need to give me the name ofa person 1 7 you represent 18 MR DITKOWSKY Take Scott Evans 19 MR STERN Hes not family 20 THE COURT Hes not family 21 MRDITKOWSKY Gloria Sykes 22 THE COURT So you represent shy23 MR DITKOWSKY Josephine -- Josephine-shy24 THE COURT You dont know your clients name


Page 93

1 MR DITKOWSKY Yolanda Bachin (phonetic) Kathy 2 Bachin Theyve all asked me -shy3 THE COURT Counsel not in one of your pleadings do 4 you name anyone that you represent 5 MR DITKOWSKY Ifyoull notice your Honor in my 6 pleadings -- in my pleadings I have attached a petition 7 to free Mary Sykes 8 THE COURT But Counsel do you mention who you 9 represent in any of those pleadings

10 MR DITKOWSKY Those people signed 11 THE COURT Pardon me 12 MR DITKOWSKY They signed 13 THE COURT Yeah 14 MR DITKOWSKY Theres signed documents here 15 Theres a document thats attached here 16 THE COURT Counsel the lady named Josephine that 17 you claim you represent whats her name Wait Shhh 18 Whats her name please Counsel Counsel do you know 19 the name 20 MR DITKOWSKY Yes I do Bachin -- Kathy Bachin 21 is the sister Ive been communicating with her 22 THE COURT Kathy Bachin is the sister ofwhom 23 MR DITKOWSKY Is the daughter of one of-shy24 THE COURT Mr Ditkowsky please Who do you think



25 (Pages 94 to 97)

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1 you represent sir I1 visitations Judge o

2 MR DITKOWSKY Who I think I represent I resent 2 At one of the visitations in February where 3 that your Honor I think thats -- I think that is 3 they were told that they were not to photograph they 4 totally inappropriate Who do I think I represent 4 were not to videotape they were not -- they were talked 5 THE COURT Yes 5 to pleasantly -- they made a videotape ofMary Sykes that 6 MR DITKOWSKY I have filed in this court and 6 they peddled or tried to peddle to a news media to put 7 theres pending in here -shy 7 Mary Sykes a disabled ward who could not have had any 8 THE COURT Show me on one ofyour pleadings who it 8 competency to be able to consent to such a thing to make 9 says you directly represent In the pleading Counsel 9 for their own personal vendetta Thats all it is

10 MR DITKOWSKY I dont mention it in the pleading 10 They are not interested in one iota in whats 11 THE COURT You dont mention it 11 best for Mary Sykes What they are interested in is 12 MR DITKOWSKY I mention it by friends and family 12 trying to -- its just a vendetta against Carolyn Toerpt 13 THE COURT Correct Which is not appropriate 13 because she succeeded in protecting her mother from the 14 MR DITKOWSKY Friends and family are people who 14 abusive conduct of Gloria Sykes and it needs to stop 15 are -- they are the same people who were involved -shy 15 He needs to be barred from filing anymore 16 THE COURT So leave to file all those pleadings 16 documents We dont need to be coming in here and doing 1 7 that say he represents friends and family will need to be 17 this This needs to stop These people have no 18 file will be denied and those that have b~n filed will 18 standing They cant possibly have any standing 19 be stricken Okay 19 Gloria Sykes is represented by a Counsel If 20 MR STERN Thank you 20 he wants to file something he can file something on her 21 THE COURT Anything else 2 1 behalf He should be barred from filing anything on 22 MR DITKOWSKY lwanta304 2 2 anybodys behalf in this case 23 THE COURT Put your 304 request in writing 23 MR DITKOWSKY Your Honor I want -shy24 MR SCHMIEDEL Judge I did ask for sanctions with 24 THE COURT Wait Stop sir


Page 97Page 95

1 MR DITKOWSKY Your Honor I want to respond to1 respect to my motion to strike I dont want to go 2 that2 through this endlessly here You know this needs to 3 THE COURT Theres going to be no order to bar3 stop You know And what needs to stop is the thought 4 But you have leave -- You do not have leave to do4 that they can just say whatever they think they want to 5 anything in this case Or ifyou want to do anything5 say in terms of my client has done She has been very 6 else you need permission from the Court to do anything6 patient here He has hurled around allegation all of 7 in this case And there is none right now So you7 which are papally false with respect to Carolyn Toerpt 8 decide how you want to handle it8 MR DITKOWSKY They are not -- They are not false 9 MR DITKOWSKY Your Honor I still want to respond 9 MR SCHMIEDEL She is not engaged in any -- She is

10 to these allegations There is a trust here 10 not engaged in any kind offinancial exploitation ofher 11 THE COURT I dont want to hear all this right now11 mother and she is not -- You know this is kind of 12 please Thank you But the guardians ad litem have been12 interesting here The only person who has been found to 13 advised that Mr Ditkowsky is concerned about some13 have been abusive to Mary Sykes is his now disclosed 14 financial document that was signed by Mrs Sykes at the 14 client Gloria Sykes who was found to have been both 15 time in the past 15 emotionally and -- emotionally abusive to Mary Sykes 16 MR DITKOWSKY They know about it They know-shy16 She has an indicated report against her based 17 MR STERN Were well aware of it Judge 17 upon her abuse ofher own mother And they come in here 18 MS FARENGA Were well aware 18 and try to cast dispersions on Carolyn Toept This needs 19 THE COURT And youre guardians ad litem and its19 to stop What we need is peace 20 your responsibility to bring to this Courts attention 20 What we need is this woman -- Judge in one of 2 1 anything that youre concerned about as far as any21 the pleadings that they filed this man surreptitiously 22 misappropriation any taking advantage of any abuse22 went to the daycare center that she was at and

13 misrepresented who he was in order to spy on Mary Sykes 23 financial emotional whatever and you need to bring 24 that to my attention Do you understand that both of4 They also did a videotape ofher at one ofthe supervised

MAYLEEN MENDELSON (773) 761-0449 I MAYLEEN MENDELSON (773) 761-0449


26 (Pages 98 to 100)

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1 you 1 STATE OF ILLINOIS ) 2 MR STERN We do Absolutely ) SS

3 4

MS FARENGA We would in a second And in fact your Honor we have brought to the Courts attention

2 3 4

COUNTY OF COOK )

Shelley M Bostetter being first duly sworn 5 potential or possible financial abuse but it goes 5 on oath says that she is a Certified Shorthand Reporter 6 against Gloria Sykes with regards to her mold -shy 6 doing business in the City of Chicago County of Cook and 7 THE COURT Can I just ask When was this trust 7 the State of Illinois

8

9

signed Does anybody know -shyMR DITKOWSKY 2005

8 9

1 0

That she reported in shorthand the proceedings had at the foregoing hearing

And that the foregoing is a true and correct 10 MR SCHMIEDEL 2005 11 transcript ofher shorthand notes so taken as aforesaid 11 MR STERN 2005 12 and contains all the proceedings had at the said hearing 12 THE COURT And was this lady under guardianship in 13

13 14

2005 MR STERN No

14

15 SHELLEY M BOSTETTER CSR I

~

15 MR SCHMIEDEL No 16 CSR No 084-004410 16 MR DITKOWSKY No There also was a power of 17 17 attorney And that power ofattorney -shy SUBSCRIBED AND SWORN TO 18 19

THE COURT Okay So thats all for today Thank you very much Thank you That will be all

18

19

before me this day of AD 2010

20 MS FARENGA Thank you your Honor 20 21 MR SCHMIEDEL Thank you NOTARY PUBLIC 22 MR DITKOWSKY I will bring a motion for -- bring a 21

23 24

304 motion in connection with this order The order will say -shy

22 23 24


Page 99

1 THE COURT All right Thats all for today Thank 2 you 3 (Which were all the proceedings had 4 in the above-entitled cause) 5 6 7 8

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STATE OF ILLINOIS S5

COUNTY OF COOK

Shelley M Hostetter being first duly sworn

on oath says that she is a Certified Shorthand Reporter

doing business in the City of Chicago r County of Cook and

the State of Illinois

That she reported in shorthand the proceedings

had at the foregoing hearing

And that the foregoing is a true and correct

transcript of her shorthand notes so taken as aforesaimiddotj

and contains all the proceedings had at the said heari1g

)

CSR No 084-004410

SUBSCRIBED AND SWORN TO before me this zIb day of ~ L ) A 0 q 2010 - -

-m ~ 9 CV=- ~ ~ ~ARY PlJBLIC~ OFFICIAL SEAl

MAYLEENMENDElSON NOTARY PUBliC middotSTATE oF lILiNOlS

( MV-OMMISSION EXPIRESG4J05l11


2 (Pages 2 to 5)

Page 2

INDEX WITNESS PAGE

KENNElH DITKOWSKY 4 Direct Examination by Mr Stem 39

Redirect Examination by Mr Stem 69 5

CYNTHIA FARENGA

Direct Examination by Mr Stern 14 7 Cross-Examination by Mr Ditkowsky 15 8

EXHIBITS 9

PAGE 10

No1 42 11 No2 46

No3 52 12 No4 51

No5 55 13 No6 56

No1 64 14 No8 64

No 10 64 15 No 11 66

No 12 66 16 17 OPENING STATEMENTS 18 BYMR SCHMIEDEL 30

BY MR DITKOWSKY 32 19 BYMR STERN 38

BY MS FARENGA 13 20 21 CLOSING ARGUMENTS 22 BY MR STERN 81

BY MR DITKOWSKY 89 23 24

Page 3

1 THE COURT Good afternoon Will the lawyers 2 identifY themselves for the record 3 MR DITKOWSKY Kenneth Ditkowsky on behalf of 4 friends and family of Mary Sykes 5 MR BRODSKY Joel Brodsky on behalf of Gloria 6 Sykes And Im here in response to a motion that was 7 filed asking for a partition of real estate -shy8 THE COURT Yeah Okay Were just going to give 9 identifications

10 MR BRODSKY Oh 11 THE COURT And you are 12 MR STERN Adam Stem S T ERN one ofthe 13 guardians ad litem 14 THE COURT Yes 15 MS FARENGA Cynthia Farenga your Honor 16 FAR ENG A Guardian ad litem for Mary Sykes 17 THE COURT Thank you 18 MR SCHMIEDEL Peter Schmiedel S C H M lED E L 19 on behalf of Carolyn Toerpt TOE R P T who is the 2 0 guardian of the person ofthe estate for her mother Mary 21 Sykes 22 (A short interruption) 23 MR BRODSKY Your Honor Im here in response -shy

q Mine should be the quickest Im here in response to two I MAYLEEN MENDELSON (773) 761-0449

Page 4 ~

1 motions that are concerning Gloria -- two petitions that 2 concern Gloria Sykes One is for partition ofreal 3 estate and the other is for rule to show cause Ive 4 previously had e-maUs exchanged with Counsel and was 5 under -- obviously were not going ahead today This is 6 the first time these are up and I need an opportunity to 7 file written responses 8 And I would like to do it sooner but 9 unfortunately or fortunately Im involved in ajury

10 trial thats going to start in about a week and a half 11 two weeks and its going to go for at least three weeks 12 So Im going to request from the Court -- 1 13 just counted it up -- 50 days to respond to the petitions 14 and then we can set it for status shortly thereafter 15 MR SCHMIEDEL 50 days 16 MR BRODSKY Only because ofmy trial Otherwise I 1 7 wouldnt even be - I would certainly would not need that 18 much time Its only because of the first-degree 19 homicide case thats going to be tried For no other 20 reasons that Im asking for Judge 21 MR SCHMIEDEL Well 50 days Ifyoure going 22 to be -- I understand and I appreciate that youre going 23 to be on trial If it starts July 8th and you go for 24 three weeks -shy


1 MR BRODSKY Well three or four 2 MR SCHMIEDEL Well lets presume its over 3 August 1st 1 mean-shy4 MR BRODSKY That would be -- Okay Lefs presume 5 that 6 MR SCHMIEDEL Can you take two weeks from 7 August 1 st 8 MR BRODSKY No No I need seven days at the end 9 ofthe trial So Im counting here that July 19th would

lObe the first week July 26th the second week August 2nd 11 thethird week and ifwe need to go -- and I believe we 12 will -- August 9th the fourth week which would mean 13 August 20th would be seven days after the end of the 14 trial And Id be willing to take August 20th if thats 15 acceptable That would give me seven days from the end 16 ofthe trial 17 THE COURT Counsel whats the -- Is there an 18 emergency here 19 MR SCHMIEDEL Well theres still the accident-shy20 issue to the accident Now my client has gotten into 21 the house through the front door She still does have 22 the keys to the back door nor has she had access to the 23 garage So thats -- And this has been -- March this has 24 been pending since



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CSR No 084-004410






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CSR No 084-004410






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CSR No 084-004410






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CSR No 084-004410






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CSR No 084-004410






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25 (Pages 94 to 97)

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COUNTY OF COOK )


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2005 MR STERN No

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COUNTY OF COOK










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CSR No 084-004410






26 (Pages 98 to 100)

Page 98 Page 100


3 4


2 3 4

COUNTY OF COOK )


8

9


8 9

1 0



13 14

2005 MR STERN No

14


~



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CSR No 084-004410






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