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
5632 Whisperwood Blvd. #1601 Naples,
Florida 34110
August
26, 2012
Lawrence Samuel Pivacek
Florida Bar ID: 995258 2262
Royal Ln.
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 www.mysearchforjustice, style=”mso-spacerun:yes”> were
stolen! Patrick weber did nothing to protect
me or my property and I alone had to file
police reports and no resolution
has been found in the Comcast case, or the police reported missing items!
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 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. 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.