Thursday February 07th 2013@ 5:32am recent email froma catrina catalono as per goetz legal.com

IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION

CYPRESS COVE AT PELICAN STRAND CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation,

Plaintiff,

VS.         CASE NO: 07-03121-CC

MARY JEAN ZISKA, JOHN DOE/UNKNOWN SPOUSE OF MARY JEAN ZISKA, and UNKNOWN TENANT(S)/OCCUPANT(S),

Defendants.

/

ANSWER AND MOTION FOR ABATEMENT OF GUARDIAN AD LITEM

ADMINISTRATOR AD LITEM AND ATTORNEY AD LITEM

COMES NOW, JAMES L. GOETZ, after having been appointed Guardian Ad Litem, Administrator Ad Litem and Attorney Ad Litem (hereafter referred to as Guardian) to represent Defendants, MARY JEAN ZISKA, INCLUDING ANY UNKNOWN SPOUSE OF SAID DEFENDANT(S), IF REMARRIED, AND IF DECEASED, THE RESPECTIVE UNKNOWN HEIRS, DEVISEES, GRANTEES, ASSIGNEES, CREDITORS, LIENORS, AND TRUSTEES, AND ALL OTHER PERSONS CLAIMING BY, THROUGH, UNDER OR AGAINST THE NAMED DEFENDANT(S); if any, and determining elsewhere to the best of his ability the facts in this cause, answers as follows:

COUNT I – FORECLOSURE

 

1.            Guardian has no knowledge of paragraph 1 of Plaintiffs Complaint and therefore denies.

2.            Guardian has no knowledge of paragraph 2 of Plaintiff’s Complaint and therefore denies.

3.            Guardian has no knowledge of paragraph 3 of Plaintiffs Complaint and therefore denies.

4.            Guardian has no knowledge of paragraph 4 of Plaintiffs Complaint and therefore denies.

5.            Guardian has no knowledge of paragraph 5 of Plaintiffs Complaint and therefore denies.

6.            Guardian has no knowledge of paragraph 6 of Plaintiffs Complaint and therefore denies.

7.            Guardian has no knowledge of paragraph 7 of Plaintiffs Complaint and therefore denies.

8.            Guardian has no knowledge of paragraph 8 of Plaintiffs Complaint and therefore denies.

9.            Guardian has no knowledge of paragraph 9 of Plaintiffs Complaint and therefore denies.

10.          Guardian has no knowledge of paragraph 10 of Plaintiffs Complaint and therefore denies.

11.          Guardian has no knowledge of paragraph 11 of Plaintiffs Complaint and therefore denies.

 

12.          Guardian has no knowledge of paragraph 12 of Plaintiffs Complaint and therefore denies.

13.          Guardian has no knowledge of paragraph 13 of Plaintiff’s Complaint and therefore denies.

14.          Guardian has no knowledge of paragraph 14 of Plaintiffs Complaint and therefore denies.

15.          Guardian has no knowledge of paragraph 15 of Plaintiffs Complaint and therefore denies.

16.          Guardian has no knowledge of paragraph 16 of Plaintiff’s Complaint and therefore denies.

17.          Guardian has no knowledge of paragraph 17 of Plaintiff’s Complaint and therefore denies. COUNT II – DAMAGES

18.          Guardian has no knowledge of paragraph 18 of Plaintiffs Complaint and therefore denies.

19.          Guardian realleges and reavers his answers in paragraphs 2, 3, 4, 5, 6, 7, 8 and 17 of Count I, and, therefore, denies.

20.          Guardian has no knowledge of paragraph 20 of Plaintiffs Complaint and therefore denies.

21.          Guardian has no knowledge of paragraph 21 of Plaintiffs Complaint and therefore denies.

22.          Guardian has no knowledge of paragraph 22 of Plaintiff’s Complaint and therefore denies.

 

 

25.          In representing the Defendants, MARY JEAN ZISKA, INCLUDING

ANY UNKNOWN SPOUSE OF SAID DEFENDANT(S), IF REMARRIED, AND IF DECEASED, THE RESPECTIVE UNKNOWN HEIRS, DEVISEES, GRANTEES, ASSIGNEES, CREDITORS, LIENORS, AND TRUSTEES, AND ALL OTHER PERSONS CLAIMING BY, THROUGH, UNDER OR AGAINST THE NAMED DEFENDANT(S); if any, in this case as Guardian Ad Litem, Administrator Ad Litem and Attorney Ad Litem I have expended a total of two (2) hours of professional time at $250.00 per hour, for which I respectfully request the court award me the sum of $500.00 as fees for said representation.

26.          That the undersigned counsel reserves the right to file an Amended Answer to assert any Affirmative Defenses he may have based upon any new matters relative to the above-styled cause of action that may not have been known to him at the time this Answer was filed.

AFFIRMATIVE DEFENSES

FIRST AFFIRMATIVE DEFENSE

27.          No deficiency judgment can be entered against the Defendants since they were not personally served with process. SECOND AFFIRMATIVE DEFENSE

28.          The Guardian ad Litem, Attorney Ad Litem, Administrator Ad Litem,

affirmatively states that there has been a petition to Amend the Letters of Temporary Guardianship for Mary Jean Ziska, File No. 06-117-GA in and for Collier County, Florida. At the present time the public guardian who was appointed to protect the rights of Mary Jean Ziska has been relieved as guardian

 

and there is no guardian presently appointed to protect (Mary Jean Ziska) the ward’s interest. There is a Mr. Scott Renshaw who has stated that he has made an application to be appointed guardian, however he has not yet been approved by the Court. Therefore, based upon Mary Jean Ziska, the ward, since there is no guardian the case should be abated until she can be properly represented by a guardian or an attorney will represent her in this matter.

WHEREFORE, he submits the interest of said Defendants, MARY JEAN ZISKA, INCLUDING ANY UNKNOWN SPOUSE OF SAID DEFENDANT(S), IF REMARRIED, AND IF DECEASED, THE RESPECTIVE UNKNOWN HEIRS, DEVISEES, GRANTEES, ASSIGNEES, CREDITORS, LIENORS, AND TRUSTEES, AND ALL OTHER PERSONS CLAIMING BY, THROUGH, UNDER OR AGAINST THE NAMED DEFENDANT(S); if any, and all persons having any interest in the land described in the complaint filed herein, to the protection of the court.

GOETZ & GOETZ ATTORNEYS AT LAW

‘,

JAlin3E-rz, Esq. [X]

Flon       r No: 153865

GREG RY . GOETZ, Esq. [ ]

Florida ar No: 46128

Guardian • Litem. Administrator

Ad Litem and Attorney Ad Litem

P.O. Box 6844

Fort Myers, FL 33911-6844

(239) 936-2841, telephone

(239) 936-4197, facsimile

 

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CERTIFICATION

I HEREBY CERTIFY that the above and foregoing has been furnished by regular U.S. Mail to the addresses listed below on this 28th day of January 2013.

GOETZ & GOETZ ATTORNEYS AT LAW

By:          LAM -mss 0E Esq. [

 

ar No: 1

W. GOETZ, Esq. [ ]

No: 46128

A. Litem, Administrator

Attorney Ad Litem

P.O. Box 6844

Fort Myers, FL 33911-6844

(239) 936-2841, telephone

(239) 936-4197, facsimile

Jason Hamilton Mikes, JD, MBA Hamilton Mikes, P.A.

9130 Galleria Court, Suite 330 Naples, FL 34109

Mary Jean Ziska

5632 Whisperwood Blvd., 1601 Naples, FL 34110

Lawrence S. Pivacek, Esq. Lawrence S. Pivacek, P.A. 2262 Royal Lane

Naples, FL 34112-5323

Shayna K. Cavanaugh, Esq. Kirby & Cavanaugh, P.A. 2500 Tamiami Trail N. Suite 218 Naples, FL 34103-4470

Patrick C. Weber, Esq. 2260 Royal Lane Nap

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