january 11th 2013@8:54am email correspondence to larry P concerning paperwork for guardianship.. a complete mess

Larry,     January 11Th 2013@8:32am 

you copied  the documents from 2006? ….. or from when this last year that Patrick Weber was enlisted as guardian? 2011?    he was never a” ward of my property”… ever… a limited guardian…  for help with obtaining  legal counsel…. ( to help defend… not defendant )…. any legal actions.. he was/is not  in charge of monies of all assets… or of my social environment…. where the hell did that come from?  ….a guardian is supposed to help  me… protect me.. not the homeowners association..    there were big gaps in the  documents  to me….   he was never in charge of  any medical directives…. not a limited guardian… 

about the competency….  i will transcribe the tape of the  evaluation….send it to you and put it in my blog…   there were more recent evaluations…. evaluations and no determination of incompetency…..  idiot doctor who didn’t know how to put on a damm  blood pressure cuff did not  give an evaluation … remember he wanted  that 12 hour and  1500.00dollars neurological test… total ridiculous.. for a limited guardian where i am the one looking  up statutes and doing all the leg work… and trying to fix everything…. and he Patrick Weber  didn’t do a damm thing…. to help…. to defend … to assist… how much money did he make of being my guardian?   was it 4 or 5 thousand for the  year?….  
i will work on the paperwork again… this is what i rewrote so far…  see attached document… 
I don’t even know where to begin with the letter of incapacity…  than to have it thrown out…. and it mentioned that i had legal  counsel there… what did you say and do? … to have them decide to have an order of incapacity?  …did you even know that my guardianship lawyer can actually help give testimony to  give me back my independence?…. what did you say or was that also copied from  2006 when they mentioned that legal council was present to determine incapacity?   
 and  about more  of my rights being taken away….   like social… or finances…  don’t you remember  how upset  when Patrick or some crook  tried to take  over my fiances when he had not been given that right? ever… and i have been paying my bills…  the  role of a guardian is to help instill independence not take it away….  to help not hurt… HELP ME>>> not for the benefit of the HOA LAW GROUP…..  do i need to start quoting from the  fl statutes again?   .
the nervous breakdown  caused by all the bullies and criminals… was a long time ago…it ruined my life then and is still ruining my life now….   and this limited guardianship was to assist in helping to get legal counsel..I do everything on my  own but i am not a lawyer…. and need a real lawyer…. to assist ….. and  stop more injustice….and Scott is not a lawyer .. he would  still need  to actually get legal counsel…and i am guaranteed competent legal counsel…. someone who can really help…not like the last case where the HOA was trying to get a guardian of their choosing.. or trying to have some deal made through Patrick where more money is paid that i actually bring in a month through medical disability….. 
.  .       
I feel completely alone  and every time i have to go over the  7 year history…. of this entire mess…. 
the goal i want is for the new guardian to have the chance to  start and complete what Patrick said he would  do… all the  points in the  last letter…. to help me with the HOA but also to help fix everything so that a payment can be made to the HOA….. 
but  this is about me and my life… please don’t forget that … this was my real life that was ruined on purpose… for greed from the  scum who have lied and cheated and stolen from me… for 13 years….   done with malicious and deliberate intent…. and the manipulation is still going on….  it is unforgivable….  
I am asking  for my guardian Scott renshaw be someone who does not hurt me or my home ownership… for there to be  time to do all that was already supposed to be done by pa tick Weber and  he did not do….      i have a right to that….   and to a fair and unbiased settlement … not favoring that mean and  bitchy  HOA lawyer….I feel like i am non a never ending  loop of abuse… some ass gets a kick out of harming me… probably stealing money that should have helped me then they move on to the next person who wants to help me.. and so i am put through hell again…. and go through the abuse all over again.. this should have been fixed soo long ago….. with real help… 
 
I tried to call you yesterday and i got a message that said  your mail box was full please email me when you get receipt of this email.. so i know what other documents i have to write…or rewrite….   thank you for your  kind attention to this email. Mary jean ziska   
       

A Tender Loving Care Service

Marion Gregory   Director 239-598-1515

naplesmarion@aol.com

Mary Jean Ziska   Assistant Director 239-234-4065

whatabtmary@yahoo.com

— On Wed, 1/9/13, Larry Pivacek <larrypivacek@gmail.com> wrote:

From: Larry Pivacek <larrypivacek@gmail.com>
Subject: Re: larry i opened the email in word….are you kidding me? that document is a complete mess contact me immediately
To: “mary jean
ziska” <whatabtmary@yahoo.com>
Date: Wednesday, January 9, 2013, 7:29 AM

Mary Jean

I EXACTLY tracked the language of the first orders from the judge in these most recent orders.
No more and no less.
If you object to them then please print out the documents and the changes you want made to the documents.
Scan them and send them back to me.
I will make the changes you want.
I will submit the documents that you have modified to other counsel and see if they agree to the changes.
I hope to receive this documentation from you soon.
Larry
On Wed, Jan 9, 2013 at 4:23 AM, mary jean ziska <whatabtmary@yahoo.com>wrote:

Dear Larry,                                                                                                        January 9, 2013

I just opened the word documents for the guardianship assignment of scott renshaw  to assist me with the Homeowners Association and I am very disturbed by the letters that has clearly overstepped the boundary of the limited guardianship  for the purpose of assisting me it is actually taking away my rights. 

It seems that you have no recollection of the  absolute   abuse, neglect and misconduct by Patrick weber and some con-artist who were trying to take away monies… trying to harm my independence and who actually  caused me to never leave my home! 

Let me refresh your memory….   

The limited guardianship of Patrick weber was limited to just the assistance he was supposed to give me with finances ie obtaining increase of finances in the social security, and assistance in rectifying  all the  damage done  by identity thieves, criminal mortgage personnel and in assisting in obtaining an equity line of credit  to assit in the payment of the back .  In the email I wrote to you and to the judges and to the  probate court and to the  main judge in Fort Myers, ( rosemburg)  I outlined the points( in 36 pages of emails and documents )   that were established  Patrick was to assist.  He did not assist and he instead harmed my life because of his abuse of power….That was the reason I requested to have him removed. Don’t  you remember  any of this should I resend you the emails I had send or had put in my website www.,mysearchforjustice.com?

If you remember when I wrote you and Patrick a budget I had asked for my independence back but Patrick wanted to get paid to be my guardian and said he was going to help which he did not … The letter which outlines all the rigts to be taken away from me is not accurate and very abusive in nature

I have and will continue to pay all my bills and Scott is not to be in charge of all my finances.  He is also not to be in charge of my social surroundings,  or my home residence….  There were  ten -12 points that Patrick was to assist in helping and those points should be mentioned in the document and what Scott is  supposed to assist… based on  fixing what Patrick did not do  to help in my life…..   actually you used those points  to have him removed remember? The letter I wrote to the police department?

Just getting your email  I started coughing and the anxiety almost made me throw up at 3am this morning .. and of course  I will not be able  to sleep  now….  I hate all of this….. instead of anyone actually protecting m y rights and instead of anyone helping me they have only harmed my life, and harmed me!  All of this all the hell for the past thirteen years because some idiot liked sticking his dick into karne kahle…. And she cheated on her husband  when I babysat e for her 3 month old son greyson…..and most recently finding out about the  identity theft .. the money stolen off my mortgage…. All for money…. They ruined my life for thirteen years all for money…. I should have never trusted Patrick weber or anyone associated with him  or the ohio state scum….

So  here are the points that need to be addressed and put in the  legal documents    where  scot is supposed to assist in the limited guardianship…. Do you  remember  the limited was the major part of this entire  document?   With Patrick it was to help in obtaining legal counsel….. and to help in  creating a assistance in mediating a settlement for  me and the HOA. 

I need to speak with you immediately and will start calling you at 8am. Until you answer and this is rectified.  I can’t  believe how much this is messed up and how far off you are on the legal documents what the hell is up?    I am getting scared that I will have a bunch of criminals harm my home ownership again because  of how wrong this is…. It is almost borderline criminal  the way it is written…. Do I need to actually tell you the objectives of a guardian and a guardianship lawyer?   This is so wrong it is as if you were never my lawyer…. Or  forgot how upset I get  when my  rights that I already had and use perfectly fine are being threatened…..   what the hell happened to your protection of my rights? Are you still supposed to be helping me or are you also helping he HOA? I am really upset! Contact me asap sincerely mary  jean ziska

 

 

 

 

 

 

  Mary Jean Ziska                                                                                                                                                            &nbsp ;               5632 Whisperwood Blvd. #1601                                                                                                                                                      Naples, Florida 34110                                                                                                                                                                        August 26, 2012

 

Lawrence Samuel Pivacek                                                                                                                                              Florida Bar ID:  995258                                                                                                                                                                 &nbsp ; 2262 Royal Ln.                                                                                                       &nbs
p;                                                                             
Naples, Florida   341125-3233

 

Dear Larry: 

Enclosed is a package consisting of 15 documents (listed below).  Each package contains information and documentation composed of letters and emails sent to my guardianship lawyer:   Larry Pivacek, and my guardian:   Patrick Weber, over the course of this past year’s events.  These documents  provide evidence of the issues and problems encountered during this past year’ experiences in dealing with the judicial and guardianship departments in Collier County.   

The purpose of  guardianship assistance  especially within my “limited guardianship”  is to  assist  in only legal  and  financial  matters.  Definition of a guardian:   a person who has been appointed by the court to act on behalf of a ward’s person, property, or both. (FS 744.102(9)).  The guardian may exercise only  those rights that have been removed from the ward and delegated to the guardian F.S 744.361(1)).  The limited guardianship is designed to encourage the most self-reliance and independence possible and to  be the least restrictive alternative to a complete or plenary guardianship.   A guardian who is appointed to manage the incapacitated person’s financial affairs must protect and preserve the incapacitate person’s assets and manage the assets as a “prudent person” would in managing the financial affairs of another person.  The attorney for the alleged incapacitated person must represent the alleged incapacitated person’s expressed wishes, unless they are contrary to the Florida Rules governing attorney’s conduct ( F.S. 744.102(1)).     

 The oath taken by guardians( as per FS 744.347) “prior to exercising authority every guardian must take an oath that he or she will faithfully perform his or her duties as a guardian”  

I am writing this letter to  enlist the assistance, of  the lawyers,  judges, congressmen, and   government official in rectifying   consequences of  many transgressions that  are harming my homeownership,  my life my civil liberties and rights.   I am recording the events and supplementing the events with  the emails and  the letters sent to both Patrick Weber and to Larry Pivacek  during  this past year while I have been under their control  as per  the  limited guardianship of  Patrick Weber and my guardianship lawyer Larry Pivacek. 

 

 

 

 

I will list the points and problems in numerical order.  These points catalogue topics that I have encountered with the guardianship assistance program and address my personal experiences as follows:  

1.            Limited  or at times  no contact personally between guardian and guardianship lawyer attempted   through emails, telephone conversations and personal meetings.  Responses were few,   if at all. 

*I rarely received answers from Patrick Weber when I emailed or called his office.  I never received notice from him as to the court dates and what he was going to say or do in those court cases concerning  the HOA, or any of my welfare concerns.  I thought I could turn to him for assistance  and was supposed to  let him know of any injustices so that he would be able to  remedy  the  situation. Examples such as:   When I told him that the front gate of my condo claimed that the sticker on my car was disabled due to the non- payment of the HOA fees( which is still a case that is still in the courts)HE DID NOTHING!  When I found the telephone number and contact information ,  for Wels Fargo corporate that would be able to make the bank a co- guardian and  assist  in  banking accounts and would with court approval be able to help in attaining  the  equity line of credit  from my condo, HE DID NOTHING!  When I alerted him to the fraud on my credit report,    including additional mortgages amounting to over $800,000.00, HE DID NOTHING!   When I found documents that David stern  had lost my original note which with proper  litigation would have in itself,  cleared the title on my condo HE DID
NOTHING! When I alerted him and filed police reports detailing items including $1000.00 that had been stolen HE DID NOTHING! 

2.            Guardianship monitoring by the Florida courts  was nonexistent.  Annual reports/ visits are neither scheduled nor completed .  No reports/ results  given to  ward. 

*Patrick Weber has only been to my home once  and that was years ago.  The reports detailing  my expenses and the bills( I myself pay online) I gave to him the first meeting of last year.  In my expenses I outlined  the bills I had paid in the past, and the estimated billed expenses including electric, car insurance,  cable /internet service etc. .  He should  have  had a complete understanding of my cost of living.  His negotiations  concerning the HOA dues hat need to be paid   are very unreasonable!    If he took the time to even look at the  monthly budget and expenses  used, he would   have understood that the medical disability  alone doesn’t cover all normal expenses.   I brought that fact to this attention   at our first meeting when  I wrote a letter requesting my independence and was talked out of it by both Patrick and Larry on the grounds that his assistance as my lawyer and my guardian was paramount in my defense for the foreclosure  suit and paramount in attaining  the equity line of credit, and  any additional benefits at  this  point in time of my life.  I do not believe that he submitted any reports and if he did he never gave me any copies nor provided me even with  the  information  or written documentation. 

 

3.            In addition to the  initial plan , the  annual guardianship reports must be filed within ninety (90)days after the last day of the anniversary month of the guardian’s appointment.  This report must include the annual guardianship plan and the annual financial return.  All guardianship reports must be filed in a timely manner with the probate division of the circuit court.  The ward except in certain circumstances, must be served with a copy as well.  Failure to file annual  reports may result in sanctions against the guardian ( FS 744.367) Written objections to any portion of the annual report may be filed  by an interested person including the ward within thirty (30) days after the annual report has been filed.  If such an objection has been filed, the  court must set the matter for hearing and conduct the hearing within  (30) days of the date that the objection was filed ( FS 744.367(4),(7)   

*No action plan for this past year was  given to me!  If one had ever even  been written.   No report, or plan of action after development was written up and given to judge or to ward.   Even worse, not following through with any of the items discussed at first meeting  which should have been included in the  plan of action for this year of limited guardianship were ever addressed.    To have a copy of the annual review of the guardianship report and plan as per the rights of the incapacitated  ward that  are retained by the  ward (FS 744.3215(1)) No sanctions were ever imposed upon my guardian or guardianship lawyer  due to the r failures in my case! 

 

4.            Limited help by guardianship lawyer to  assist in my expressed wishes  and to contact my guardian  for  current situations.

Minor assistance :  trying to get response from guardian by contacting guardian lawyer,  address problem with condo association, stopping of  guard gate pass, fraud from the companies of  Comcast, Empire Today, and  Sears.  Having to file police reports when money and items were stolen from my home   I attempted to contact Larry Pivacek on numerous occasions via phone messages and emails to tell him what my guardian was not doing, situations that were not being even addressed, and requesting his assistance making the guardian at the very least answer my concerns. Most occasions I received the same email back, telling me that  he does  not handle anything to do with the  foreclosure case only the guardianship case.  Many times the requests were  to have the guardian actually do his job, such as assist in   increasing the  medical disability payments, or even contacting the guard gate so my pass would again work,  or to call my bank concerning the equity line of credit!  Or to assist in clearing  my title when  all the fraud was found, or even  for me to even get a different  guardian…. One who actually did his job in protecting  my rights and cared about my concerns for my  life! I’m sure as a guardianship lawyer he was supposed to  do more than meet with  me  at the initial  meeting  at Patrick’s  office!   
The minor assistance received by my guardian and my guardianship lawyer has left me  feeling very neglected  and not  legally represented in the best possible manner.      When I could not   get assistance from my guardian ship lawyer,  especially to have my guardian removed, I emailed the police, sheriff,  probate office, Then I  went further, emailing troubleshooter channel ( 4)  and other the local television stations, channel  (2) and channel(7)   to alert them of the misconduct.  I contacted the Florida Bar Association, the local Collier County Bar Association, to see what I needed to do to file a formal complaint. I sent emails to  rick Scott, the governor and to the congressmen  Connie Mack and  Cliff Sterns  to notify them of the  problems with the judicial system concerning the guardianship cases in Collier County especially  mine!  I have  sent sealed signed receipt packages containing the 15 documents  to:  Judge Cynthia A Pivacek, Judge Vincent Murphy, Judge Elizabeth Krier, Congressman  Cliff Sterns, Congressman Connie Mack,  The Florida Bar Association, Governor Rick Scott, Collier County Bar  Association,  Attorney  Gloria Fletcher, Attorney Larry Pivacek, and Attorney Patrick Weber.  My hope is that  everyone will receive this information  and   the negligence  will stop and actions can be taken to rectify the grave injustice that has occurred  which may result in me losing my  home! 

  

5.            Fraud upon the court:   as per the  waiving the statute of limitations/ attempting to use his friend to get a loan from regions bank but then not getting any real loan….   to pay the  equity line of credit….telling me to keep him for my guardian  for this entire  year,  I believe  these were  questionable ethical concerns and possible conflicts of interest  but the  attempt  to  make money by being paid through the court system as a guardian, when none of the  duties of a guardian were being performed by my guardian!  This was a clear misrepresentation of  his duties.   His  concern for my welfare  as my guardian  is not visible.  He is  using the courts  to his advantage for his payment of services rendered when nothing is being accomplished.   He should have  been able  to clear most of these situations within a  years’ time given his “connections” and “resources” . It appears to me,  as if he is purposely trying to allow me to lose my home, either through his negligence as a lawyer or as guardian or as both!  His lack of  honesty in correctly presenting the facts of the cases, obtaining correct legal representation if he did not know how to defend the case, and actually helping the HOA to  try to win their case when in fact he is supposed to be representing me….  I believe  that Patrick Weber committed grievous injustices toward me, and the court system through.

 FRAUD UPON THE  COURT:  “In the United States, when an officer of the court is found to have fraudulently presented facts  to the  court so that the court is impaired in the impartial performance of its legal task the act known as fraud upon the court is a crime  deemed so severe and fundamentally opposed to the operation of justice that it is not subject to any statue of limitations.  Officers of the court include lawyers, judges, referees, and those appointed guardian ad litem, parenting time expeditors, mediators, rule 144 neutrals evaluators administrators special appointees and any others whose influence are part of the judicial mechanism.        

 

6.            Rights of the ward:  The guardian’s role is to balance the protection and care provided to the ward with genuine respect for the encouragement of the independence still exercisable by the ward. 

Patrick Weber did not balance the protection and care provided with respect for the encouragement of the  ward:  One instance where Patrick Weber  definitely  did not represent my best interest occurred at the court house.  He told the HOA he would waive the statute of limitations (which had almost run out) so that he would be allowed to still foreclose on my home.  In the one year period   the delay had been that t Patrick Weber even though my guardian and a lawyer had no knowledge in how to defend a foreclosure suit.  As my guardian he was required to obtain competent legal counsel and in one years’ time had not been   able to obtain a lawyer with knowledge of foreclosure defense.  Also within this year, the other continued delay had been the ruling on the need to have  a guardian.  This ruling had not been determined.  I met with two nurses   and one doctor as per the requirements of the Florida statutes 744.  The doctor said he was not satisfied.  He wanted me to have 12 hours of tests costing approx.   $1500.00.   I’m not certain but I do believe that a delay also occurred
because Patrick petitioned the court for money to pay for the unnecessary tests.     I thought this was   a horrible waste of money when  the guardianship was  strictly  for a limited guardianship and  only encompassed   legal and  financial matters!    The delays were legitimate concerns  and if the statute of limitations had run out or not , Patrick Weber’s concern should have been   my part of the case not on changing  the  law to fit the  HOA’s motivation for  their lawsuit!  In addition after the case, he winked at me and laughed when I was upset at his remarks to backer act me, and  when I mentioned that the doctor (who  I could not find  listed in the directory of the AMA) did not even know how to  apply a pressure cuff when taking my blood pressure and after putting it on  backwards, and not being able to get  reading, he immediately  reapplied the cuff  to my same arm allowing for a very inaccurate reading!  The point I was making was that Patrick Weber laughed at my remarks about the ir0ny of the incompetent doctor giving me a competency test!   

  Due to his direct action of telling the judge he would l waive the statute of limitations,  a date of sale for July 18th 2012 was set by the court.  He then proceeded to threaten that I would be backer acted because I stood up and told him he wasn’t allowed to waive the statute of limitations. I later emailed him legal definitions consisting of 25 pages including the definition of statute of limitations.  Prior to his actions, we had discussed his asking for a continuance primarily because of his lack of obtaining counsel   on my behalf to defend the foreclosure suit!    He did not  represent my best interest  afterward the final line of the agreed  order mentioned that  he accepted service  and will file a responsive pleading within 30 days from the date of  this order!   The “Agreed Order” case no. 07-3121-CC:   1- canceled the foreclosure sale that he allowed to happen (Thank God!)  2-  It vacated the final summary judgment to defendant Mary Jean Ziska.   3- motion to vacate default  a s to defendant Mary jean Ziska was granted   all of those points seems to  in my favor and rightly so since the entire foreclosure suit was not only  served to a person who was declared incompetent at the time of service, but  the guardian was not notified, no legal representation was provided,    and everything was done improperly! 

 The 4th point  for the  case no 07-3221-cc mentions that the defendants guardian agrees to accept service and will file  a responsive pleading within (30) days. The date  was June 21st 2012.  Patrick Weber should have not accepted service on the foreclosure  on my home for two very important reasons :  1- he still does not know how to defend a foreclosure suit    2- he has still not obtained legal representation on my behalf!   Hi primary purpose was to protect me from corrupt lawyers  (hence the  guardianship included his assistance in legal matters)…. But he himself did not protect me in the legal arena but instead his actions directly adversely affected my legal outcomes and are still affecting my life through his legal misdealing’s  done on purpose for my legal cases!  

 

7.            Nonexistence of the annual review report and plan for this past year.  Not following through with any of the items discussed at first meeting that was to be included in plan of action for this year of limited guardianship.   To have a copy of the annual review of the guardianship report and plan as per the rights of the incapacitated  ward that  are retained by the  ward (FS 744.3215(1))

a.            Items/topics that were  discussed that needed to be fixed:

1.            Increase medical  disability money to help increase income.  Not only did I need the additional money for living expenses but Patrick weber said I needed the  verifiable  steady income to obtain the equity line of credit that would be established to pay the HOA fees.

2.            Obtain the loan or equity line of credit from my condo for the HOA fees.

3.            Get a forensic audit for the title  of my condo  and any additional  documentation necessary to establish  my title as free of debt due to the  past fraud from multiple mortgage  companies, the loss of my original note, etc.  and  clear it of  any fraud .   

4.            Defend this foreclosure suit by finding a great lawyer who knew  how to defend a foreclosure suit.

5.            He was to help me clear up the fraudulent items  of identity theft on my credit report thus increasing my credit score.  This was  also done  to eventually help with the  HOA payment.

6.            He was supposed to help protect me from fraud and criminals who have preyed on my life and on me  however I had at least three instances of  con-artist related incidences  by repair men who allegedly   were from Sears, sales reps who were allegedly  from Empire Today, and actual theft from Comcast! I have since  reported the  scams  and theft to the BBB and to Pam Bond’s office at the attorney general’s office!    I also had to  have a roommate removed when  $1000.00 was stolen  and have had to have  a supplemental identity theft report submitted and accepted to the police department when pictures,  information from my external hard drive, blog posts from 7.            He is in charge  of assisting me in legal matters, however  noting has been done  to instill any justice for the harassing, bulling and my eventual nervous breakdown at the hands  of Karen Kael and her  group.  The $5000.00 medical bill is still on my credit report  and harming my credit due to Karen Kahel and  her bullying  friends from Ohio State.  Patrick Weber did nothing to assist in even  initiating a law suit for the intentional infliction of emotional distress that  led to the need for a guardian  and protection from harm and abuse  and  assistance  in legal and financial matters! 

8.            As for additional law suits, Patrick weber also did not  even initiate a  law suit to gain restitution for the$3000.00   monies taken by Ian Stein  during the  renegotiations of the Aegis refinancing .

9.            David Stern’s paperwork  indicated that my mortgage note had been lost, and the paperwork involved was extremely corrupt   and I needed legal  assistance  in making sure the  title was free and clear for my condo. The additional assistance  of  a  true professional lawyer was needed for   this mess to be cleared through  the  courts.   Patrick Weber was to have the resources  to accomplish this but he never did anything in this years’ time to remedy the  situation!  

10.          Patrick  said he would also  negotiate with the condo association as per the balances owed and since it was fraudulent to actually serve paperwork to the ward instead of the guardian,  he assured me that the  attorney’s fees and the   interest should legally be waived.  Now that the actual first foreclosure suit was dismissed I believe that  those expenses are not my responsibility however ,  I keep having  people call me  on the phone to threaten me with  amounts and settlements that are absolutely unreasonable!  I have had one person say that ah Patrick weber made a settlement for $62,000.00 and wanted $5000.00 down and  $500.00 payments a month!   The $500.00 a month is more than I receive at all for my disability payments each  month!   No true guardian who is aware of my monthly budge t and expenses should have ever come up with such an outrageous payment!                                

     

 

8.            “To be restored to capacity at earliest possible time” as per the  rights of the incapacitated ward that are retained by the ward ( FS 744.3215(1))

When I first met with Patrick Weber and Larry Pivacek in 2011, I asked for guidance and direction concerning the status of the guardianship case.  My first request from them was advice and their recommended plan of action for my guardianship status.  I believed at that point in time I was possibly ready to have my independence restored to full  capacity.  Upon their advice,  and my limited funds to retain council I maintained the same limited guardianship status.  I  needed &n
bsp;  
legal representation which would  produce a result for  my best interest  in the foreclosure  case  and in numerous additional issues and  problems still unresolved.  These situations ,  would have been  overwhelming to handle all by myself so  I  depended on   both Larry and Patrick  to do what they said they were going to do and legally represent me.   Enclosed is the letter I presented to the two nurses and the doctor and the two lawyers the day of the evaluation.  I also brought pictures of my living accommodations, my  ability to take care of myself  and my surroundings, my budget and  current status of the bills  which encompassed my  living expenses!    This limited guardianship   was to aid in areas we discussed and I trusted them to be participants in helping to rectify and remedy   the worst experiences of my life! Having any type of guardianship still means I am deprived of certain rights and trusting that these individuals delegated by the court system be diligent in their effort to assist me.  I have experienced no support system that makes me feel that my  wishes and best interest are being  considered  and am completely disappointed in the  entire year of guardianship where nothing  was  remedied, where negligence  was persistent and    prevalent and where my trust in justice and an honest legal system is being tested and questioned.         

 

9.            To be treated humanely with dignity and respect  and to be protected against abuse,  neglect, and  exploitation.    As per the  rights of the incapacitated ward that are retained by the ward ( FS.744.3215(1))

a.            Threats of being backer- acted by lawyer  when  ward standing up for rights  and when lawyer said he would disregard/waive the statute of limitations for  foreclosure. 

b.            Winking and  laughing  regarding  the  doctor  who  was to give final evaluation  that would determine  guardianship status. 

c.             No reply  or contact  regarding emails, letters and phone calls.

d.              

 

10.          To remain as independent as possible including having  preference as to place and standard do living honored  as per the rights of the incapacitated ward  that are retained by the ward( FS 744.3215(1)).

I have maintained my independence by residing  in my own condo (5632 Whisperwood Blvd. 1601 Naples Florida 34110) since  1999.  I worked on three different businesses while living here:  a faux painting business: (M&M Decorative Painting);  a babysitting business: ( A Tender Loving Care Service) ; an etiquette school: (  A TLC Prep) My choice for living accommodations is to reside in the condo  that I  selected with my father and mother in 1999 and where  I moved into my condo  April 1999!  I am very upset  that my home ownership is being  threatened by allowing guardians and lawyers to make decisions  about a “deal “  with the   HOA.  The amount of monies they are telling the HOA I will pay each month as a settlement is more than my current income, does not allow for any  normal bills to be paid such as electric, gas, car insurance, toilet paper and tampons !  It does not allow for additional HOA fees to be paid which will create the same situation   of unpaid HOA fees all over again!  They are single handedly and very insidiously setting me up for failure and for the loss of my home!    This is my condo, only my condo!  I am the person who selected the white tile,  and has had this residence as my home address since 1999!  I have had many plans for my residence and for how I wanted to live in my residence…. and for the past ten years my life has been on hold while I have had to clean up one mess after another and still nothing is completely rectified!  My wishes are  to have  everything fixed and to once again be able to decorate my condo, plan my life and live out my wishes and dreamed for my future  minus all the problems!    My guardian and lawyer for my guardianship should know this but I don’t believe they have actually asked me,   and I know for certain  we have never sat  down to plan out how  not only  how  past can be remedied but how the future will be mapped out and accomplished!

 

11.          To receive prudent  financial management of  his  or her  property and to be informed how his or her property is being managed as per the  rights of the incapacitated ward that are retained by the ward ( FS 744.321(1))

To be certain, I do not believe that given  the current situation and my  financial  income budget, that neither Patrick weber nor Larry Pivacek   would have created the same  deal for them given the same monetary circumstances!  I understand the basic principal of debt:  more money has to go out than comes into a household…. Therefore  at the basis of their plan for repayment of the HOA more money ( $500.00) just for the repayment of the HOA fees would be going out than  the( $465.00) that  is brought  into my household per month!   There is no one that  would agree to such a deal and both these people are supposed to be standing up for my rights in the  financial  department… it is unthinkable  that such a travesty should occur!   Are they taking advantage of their power to handle financial matters? In fact, the lump sum that Patrick Weber decided upon is outrageous!  If I had $5000.00 for a lump sum  to give the HOA I would have rather spend it on a lawyer who was able to defend the foreclosure,  to reduce the  amount owed and to actually practice law in my favor!   A decision such as that would have been in my best interest.  I am not living an opulent lifestyle, over this past year  I have had to cut my own hair to save money,  take whole milk and water it down  to  make it last longer, I have had to  water down shampoo, and conditioner… have had to  forgo shopping  for  any extras  for myself and have only spent money I have saved for  my families holiday gifts!  I went for an entire year without any air-conditioning which was really difficult when the weather was  very hot and humid.  I did all of this to limit my budget and  live within my means!    I do not have a cell phone, but only use a magic jack attached to my computer and I only have one cable expense… the internet for my outside  communication !  I am completely disgusted  that the people entrusted to help me  would not acknowledge any  of this and make a deal that  is completely unacceptable financially!  I know they would not  sacrifice as much as I have and then make  a  settlement and payment  schedule such as the one I am being told  they  worked out for me….    The power given to guardians  to make decisions that they alone would never accept but that they accept on behalf of their wards,   to me is unacceptable and borders on grievous  especially when conditions are set for failure due to the  outlined  stipulations! Such decisions should d be over ruled by a court system that recognizes that no one person or group of persons should have ultimate power and control for financial or legal decisions that would harm the ward even if they are a guardian! 

  

12.          To have access to the courts, as per the rights of the incapacitated ward that are retained by the ward  (FS 744.321(1)).  

Patrick Weber  and Larry Pivacek  have not allowed me to speak  when  the few times I was in court! I was told to be quiet to sit down and not  to do or say anything!   Have emailed the probate court to request that a new and more qualified guardian be appointed for my  guardian.  The email however took 22 hours from the time I emailed it/sent it…. To the time the carbon copy I emailed to myself arrived in my mail box.  I can only assume that there was a glitch in my outlook account for that moment and not some  hacker preventing me from  access to the courts!  I am sending this package to  a number of people in the court system and will be putting this letter and the contents of the package on the internet in my website:  www.mysearchforjustice.com  under the blog entries once it is mailed!     I will assume that each and every recipient will receive the original package and all its contents otherwise  not only will  I not have  access to the  courts, but there would be mail tampering involved and involvement of felony charges based on mail  fraud/tampering would be:  (FS 817)    I have  a right  to have access to the court system just as any other person who does not have a guardian has a right  to be heard by a judge concerning my life!            

 

13.          To be represented by counsel: 

As one of my rights as a ward, I have the right to be defended in any lawsuit by counsel.   I should say I have a right to have counsel that is competent in defending any law suit!  I have Larry Pivacek  who is supposed to be my guardianship lawyer, he is supposed to  represent me concerning  my guardian. He has consistently emailed me  every time I email him that he is only my guardianship lawyer and gives no counsel on any other  topic.  I have to date not received any counsel from Larry concerning any guardianship  questions.     I definitely need to have a lawyer represent me in every  instance who has knowledge of the areas that are affecting my life, my homeownership, my independence and  every other area   necessary  for legal representation!    These areas include:     

a.            Defend foreclosure suit with qualified lawyer who is competent in defending foreclosure suite neither brought on by HOA.  Neither Larry nor Patrick  have any knowledge on how to defend  a foreclosure suit!   So  on that basis alone, I need additional representation for  the various areas that are  currently under unqualified and  unsatisfactory representation.

There is also a rule on how long a plaintiff can keep open a foreclosure lawsuit that has no activity.  The rule says that after 1 year of inactivity, the lawsuit can be dismissed by the court. The  failure to prosecute  within one Year,    *The” failure to prosecute within one year” rule.  If the court  dismisses the lawsuit after one year and before the bank asks for  a deficiency judgment the  lender can still file a new lawsuit and sue just on the  promissory note unpaid balance .    This valuable entry from a document I gave to Patrick and Larry in an email.  It was of course ignored, and instead   the Patrick who threatened me, laughed and winked at me when I was in distress, used the knowledge against me and in favor of the HOA which set a sale date of July 18th    for my condo when he had no knowledge of how to defend a foreclosure and  defiantly  proved his incompetence in regards to this matter by his actions.  These actions  adversely and directly  affected my home ownership! !             

   

b.            Reduce settlement   by qualified lawyer or legal representative.  Since Patrick Weber or Larry Pivacek  is not privy to basic principles of debt, a knowledgeable representative  who can create a settlement that adheres to my budge may be required!  A qualified  lawyer who is well versed in settlement negotiations   is defiantly required!  I need additional representation for the various areas that are currently under unqualified and unsatisfactory representation.     

 

 

14.          To receive notice of all proceedings related to determination of capacity and guardianship unless the court finds the incapacitated person lacks the ability to comprehend the notice.  As per the rights of the incapacitated ward that are retained by the ward (FS 744. 321(1)). 

Patrick or Larry have not notified me of any of the court dates or court  appearances.  I received some of  my information from phone messages or forwarded emails sent by my mother Marion Gregory.  She is not my legal guardian,  nor my guardianship lawyer, nor my negotiator, nor  is legally able to speak for me or my wishes or on  my behalf! It is not her job but the job of my guardian to notify me of any court dates and the reasons for the court dates!   I have not been receiving direct emails from Patrick Weber even though I have been sending him direct emails via his email address at  his office. I receive no response back!   I have only received court documents sent in the mail.  Last week I  was told that Larry, my guardianship attorney called my mother to get my address.  I  would think after being my guardianship lawyer for the past year he would be privy  to information such as my address! I thought my guardian and guardianship lawyer  would have been required to have files full of  information on my behalf.    This method of communication has been unacceptable!   I have resorted to  sending   emails to other departments in government  for additional  assistance, for information,  and  to attempt to  get help !   I have even sent emails to the probate court,  who then told me they were sending information to the appropriate judges and the lawyers on my behalf. 

Both  Patrick Weber and Larry Pivacek   don’t appear  to
want  to assist in rectifying any of the situations we discussed upon our first meeting!    So I will need additional legal representation to address their replacement as well!    

 

15.          To determine  how  payments were to be made  to the HOA: 

a.            Use my  bank as co- guardian:                                                                                                                                 When I first did any research on guardians,/guardianship  I  looked up (FS 744).   Within the (FS 744) was a chapter that stated:  “Also a Trust company, State Bank, National Bank, or Federal Savings and Loan may be a guardian (FS 744.309(4))  A non –profit corporation organized for religious or charitable purposes may be appointed as a guardian ( FS 744.309(5)) “    Under this ruling  I requested Patrick Weber have as a co guardian a bank.  I requested my bank and asked my branch manager for information on guardianships and trusts.  She gave me a telephone number which I passed along to Patrick Weber to see what criteria, guidelines and qualifications were necessary to establish a bank as a guardian.  To my knowledge, he never even checked on the bank as a guardian. His negligence cost me an equity line of credit through my bank or any bank that would have qualified.             

b.            Patrick’s connection and  Regions  bank loan:    Patrick Weber  decided to contact his friend who worked for Regions Bank to assist in making preparations for the repayment of the HOA.   He did not tell me who he spoke with concerning the monies. He did not tell me whether it was to be an equity line of credit, or a loan for the monies.  He did not tell me what the interest rate would be, or confirm how much payments  would be each month.  He did not tell me what the  total amount would be that  he would try to obtain.  He did not tell me when this loan/ or equity line of credit  would be ready to use for the repayment of HOA!  I was told via hearsay (which means via a phone call from my mother and an email from my mother!)  that there was a loan that would have only a payment of $100.00 per month! I was told that I needed to save  for a balloon payment but that wouldn’t be for a while…. Then I heard two completely new versions of the repayment and settlement  for the HOA and the entire process has been a nightmare!   

c.             Equity line of credit from my own bank.:  I asked  Patrick Weber  to check on using my bank for the equity line of credit .  It is the bank where the direct deposit for my medical  disability payment is made.  The bank account from which  I pay my bills.  The bank account  where if an equity line of credit existed I would only have to access one website to make sure that no identity theft or  problems arose, or where a direct payment  for the  HOA could be easily monitored and  carefully maintained!  As far as I know, Patrick Weber never even checked on the  options of procuring an equity line of credit from my bank for my condominium  to repay the HOA fees! 

In conclusion, I am writing to enlist the assistance of the proper authorities and to call attention to the negligence in completing any of the initial objectives for this past year 2011-2012 while I have been under the  direction of my guardian Patrick Weber and my lawyer for the guardianship Larry Piviach.      The events of this past year should have produced results allowing for assistance in both financial and legal  state of affairs.   For closure and  remedy to long standing situations.   For accountability, culpability, sanctions and consequences  where it  is  warranted.    For adequate resolution and finality to a multiple  of  unforgivable circumstances. 

Thank you for your kind attention to this letter.

Sincerely,

Mary Jean Ziska                                                                                   
                                                                    
5632 Whisperwood Blvd. #1601                                                                                                                                                          Naples Florida 34110                                                                                                                           whatabtmary@yahoo.com

       

The enclosures:

1.            Information and definition for Patrick Weber from Mary Jean Ziska Fri may 25th 2012 @ 10:56am

2.            Letter/speech I gave to Patrick Weber and to the members of the evaluation committee

3.            August 16th @ 2011@ 3:32am (random notes Florida Statutes/guardianship and foreclosure)

4.            Agreed Order:  case no. 07-3121-CC

5.            Hi Patrick,  Once again I am trying to reach you and keep getting your voice mail. I left a message today June 28th @12:37pm….

6.            Message from Mary Jean Ziska August 7th 2012 evening concerning removing my guardian Wednesday August 8th 2012  11:09am    Dear Larry august 7th 2012 @ 8:11pm

7.            To whom it may concern:  August  8th 2011 11:20am

8.            From Mary Jean Ziska (mail to : whatabtmary@gmail.com) Sent Wednesday, August 08 2012 2:30pm  To  Minutes and Records

9.            Fwd.:  message from Mary Jean Ziska august 7th 2012 evening concerning removing my guardian Wednesday 8, 2012 2:47pm

10.          BLOG.MYSEARCHFORJUSTICE.COM:  July 2nd  email sent to sheriff office as complaint against guardian’s actions 

11.          Called the collier clerk of courts today:  august 8th 2012 at 11:30am to request email address for transcript in writing for court date August 6th 2012 involving the motion for extension of time granted ( 20 days were granted)

12.          On Monday 8/6/12, Mary Jean Ziska whatabtmary@yahoo.com      Hi Patrick, I emailed you last year concerning having a co guardian as a bank….                   

13.          To whom it may concern:  August 16th 2012 @ 3:22pm   Patrick Weber is the guardian of Mary Jean Ziska.  It is a limited guardianship restricted for only his assistance in financial and legal matters.  I have been trying to  report his misconduct

14. &
nbsp;        
cid@colliersheriff.net   It is now 5:15pm on august 23rd 2012, my name is Mary jean Ziska and since your  office is closed  I am emailing you concerning the group of identity thieving con-artist 

15.          Hi Larry, August 23rd 2012 @ 9:18pm   replying  to your  email… I was chatting with magic jack

The revised  series of documents contained 36 documents in total. 

A Tender Loving Care Service

Marion Gregory   Director 239-598-1515

naplesmarion@aol.com

Mary Jean Ziska   Assistant Director

 whatabtmary@yahoo.com


Leave a Reply