From: mary jean ziska [mailto:whatabtmary@gmail.com]
Sent: Monday, July 02, 2012 2:29 AM
To: invchief@colliersheriff.net
Cc: whatabtmary@yahoo.com
Subject: notify police about complaint for guardian patrick
weber
My name is Mary Jean Ziska and I would like to file a formal
complaint against my guardian Patrick Weber.
While I was trying to
find out who I needed to send this email to I did some research while contacting the Florida bar
association. They have a formal
complaint form which enlisted the criteria for actually suing your attorney based on their behavior as a lawyer.
Based on this criteria, I am submitting
my formal complaint against my guardian Patrick Weber and his misuse of his
authority as my guardian.
I received an additional email, phone call from the
sheriff’s office notifying me that my complaint needed to be submitted to the
office in Tallahassee. I will copy all
the people necessary ( that I am aware of) with this information and this
complaint.
1.
The claimant
can prove the lawyer owned him a duty to provide competent legal
services.
a.
Court appointed Patrick Weber as guardian to
oversee financial and legal matters.
2.
The lawyer breached his duty
a.
His behavior directly affected a foreclosre suit that had been in the court since 2011. He went directly against all the original
plans he told me he was going to do on
my behalf. He did not notify me of the
court case ie time and day for the case
so I might be present to make
sure his actions did not hurt me or my home ownership.
3.
That the breach caused actual damages resulting
from his breach
a.
Due to his direct actions instead of asking for
a continuance, he accepted service for a foreclosure on my home and then went on vacation .,.. not
finding any pro bono legal defense, not
asking for a continuance, not even notifying me about anything to stop the
foreclosre, or the status of the mortage
mess, or even that he was gogin away!
4.
That damages would not have occurred otherwise.
a.
He absolutely caused all of this to happen, His
unprofessional actiaons have hurt me enormously, He does not know how to defend a forecloser
suit, he doesn’t not have nay one in place to assit in defenfig the foreclsore
suit, he went on vacation and did not
even notify me of the status nor did he even notify me of the corut case where he accepted service of
the foreclsore of my condo!These actions
are unethical and unprofessional!
He was put incharge of assist g me and he directly and dekliberately
hurt my case, my home ownershipand my future!
Is this the same criteria
needed to file a complaint? I
have had Patrick weber ordered bythe court, to be my guardian since 2006 where
by he is supposed to be in charge of
legal matters and financial matters. As of this last year, he was supposed to
be assisting me in addressing a foreclosure suit filed by my condo association: HOA ( home owners
association).
The last time we met
at court he actually took it upon
himself to tell the HOA attorney that he would waive the statute of limitations
for the foreclosure suit since the
statute of limitations would have run out if a continuance was issued ( the
suit was started I believe july 25th 2011 and would have run out
july 25, 2012.
Instead of actually
consulting an additional attorney who knows anything about foreclosure
defense, (which he personally claimed he
knew nothing about) he went against my
research, my requests and my wishes and
his actions or non actions….( He was supposed to file for a continuance based
on information necessary for a judgement by Judge Elizabeth Krierdetermining
the need for a guardian. The
three evaluations necessary for a determination of the need for a guardian has still not been completed as per direction of Judge
Elizabeth Krier).
His actions in court actually allowed the HOA to file a date of
sale with the court!The date of sale was July 18th 2012 and as since
has been dismissed because of his mishandeling the case infornt of judge murphy. I was
livid to say the least, and upset that
this person ordered by the Fla. Court system
to protect my rights was instead abusing my rights and basically using
his power to make sure that my home and the protection of my home ownership
would be violated! At the court house, he told me to sit down and
shut up and not to interfere…. he
threatened to have me baker acted for
standing up against his actions And telling him what he did was wrong
and would hurt my home ownership. Thenk
outside the courthouse when I told him that his
actions were in direct opposition of what we had discussed, and that the
need for a guardianship had still not
been resolved …. He winked at me as if it was a big joke!…. When I mentioned
that the lawyer Larry pivach, who was supposed to be incharge of the guardianship necessity of this case.. and
was not present in for this hearing, but who was supposed to have another doctor summoned to do the 3rd
and final evaluation… when I mentioned that perhaps they could possibly get a
doctor who knew how place a blood
pressure cuff on a patient… and who
would know enough to not do a second blood pressure
reading immediately after a false reading… Patrick Weber laughed!
To me this unprofessional behavior has been characteristic
of his ambilivance in my case and in assisting to make any marked improvements
in my case or in my life! I was told that
he is overworked and overburdened
in his case load and has not read my
emails nor answers my calls. I have found
this to be recently true as I have only received one email in the last
month. He does not inform me of the
court dates and where or when I need to
be anywhere concerning my guardian ship case or my foreclosure case. I was even told by the clerk of courts that the last court
case where there was a dismissal of the
July 18th sale date, was an open court case and I could have ben or should have been present!
If I had been present I would have
definitely said something about his accepting service of the foreclosure of my
condo since he is not able to defend it nor does he have any
representation in place to accept service
of the foreclosure! What he did was very
underhanded sneaky even unethical
in nature by not informing me of the court case so that he would not be bothered by my outburst when he
again harmed my life…. It was defiantly not in my best interest and once again
I am traumatized by his actions! I also called judge murphy’s office and asked
his assistance if I could submit a continuance, and was told that if I had
legal representation (which I guess in my case is Patrick weber no matter how
unprofessional and incompetent he is… )
So I am stuck!
When he became my guardian again, we discussed what he planned to do. These were his plans as I understood them:
a.
He was to
increase my medical disability ( which he never did)
b.
He was to make sure the title on my condo was
free from any problems (which he never did)
c.
He was to assist in getting an equity line of credit from my condo for the repayment of
HOA fees( which he still has not done)
d.
He was to
work with the HOA to reduce the
interest and lawyers’ fees due to the fact that their service on the foreclosure
was not to the guardian but to the ward. ( which he did not do but
instead tried to waive the statute of limitations, and accepted the foreclosure
which he has no means to defend)
After I received
the paperwork with the date of sale for July 18th 2012, I
again was very upset! I cried, and cried
and tried to reach him. I could not reach him!
Once I finally did get through I was told he went on vacation! I was also told he has 150 cases to work on , that he has
never read any of my emails.
He not only doesn’t
keep me notified of any court dates or
anything that is happening to my life and my homeownership which is also
a violation of my rights as his
ward. Without being notified of
any additional court hearings, or any
return emails or phone calls to rectify yet another messed up situation he
created…. I received paperwork that stated he
has taken service on the foreclosure of my home….
This action was in direct opposition of what he told me he
was going to do In fact, after meeting with the people to evaluate me
again…. And the Dr Mc Cree needing more information, He had told me to sit and wait, that his plan had been to not accept service
of any foreclosre suit unitl he had the equity line of criedt in place, and had
the tried to mediate the sum owed
instead of accepting the foreclosre! The
law was on my side, due to the fact
that the service of the suit had been to
the ward instead of the guardian! He was please about this and had no intension of accepting service of
the foreclosre then he went behind my
back and on a court date that I was not even told about he directly violated
our verbal agreement and put my home back in jeopardy of foreclosre when the need for a guardian has not even
been established!
since the law was on my side concerning the home owners association’s
foreclosure suit because mistakenly they
served papers to me while still having a guardian who was supposed to be served instead of me…
Due to this mistake on the HOA the laws
were on my side…. And since the decision for guardianship and evaluations
still had not been completed… He was
supposed to be asking for continuances from the court until other issues had
been rectified.
My condo’s mortgage
situation has also been a mess with
multiple mortgages on my credit report and fraud from robo- signers like David
stern and Ian stein who not only lost my original note but David stern was also even sued by the state
of Florida for his fraudulent practices. Multiple companies who claimed to be owners of my mortage have already gone
bankrupt or closed their offices and this fact
was an additional reason that Patrick weber was supposed to rectify all
the mess/mistakes and fraud before
anything was to be done with the
repayment of of the HOA. Due to all the mishandling of my mortgage I was told and am under the impression that my mortgage was dismissed/forgiven. This leaves a very nice condo with a value of aprox. $350,000 that many people are
interested in gaining ownership at a
very low price for the foreclosure of the HOA
fees .( This tactic is what the HOA association tried to accomplish last
year when their foreclosure suit went under the radar of Patrick Weber and a
sale of the condo was accomplished at the
court house for the 40,000.00 dues owed.
Since it is Summer they are trying to go under the radar and od the same
thing again but this time Patrick weber who is
paid by the state to protect my interest is allowing for them to harm my home ownership by
actually assisting in the foreclosure
suit of my condo when in fact he is supposed to be protecting me from such
suits!
I cannot prove that
he will benefit financially from such an
underhanded deal but what I can prove is that he went against my request, my
research( on the many companies that have tried to claim ownership of my condo
and the many companies that have had corruption and fraud and even been sued by
the state of florida!) , and my best
interest and I may lose my home.
I have been threated continually that I need to “ shut up” and
that I need to allow people to steal my home…. When this was not what should have happened…. I
have been threatened that I will be baker acted if I intercede….. on my own behalf or if I contact anyone and
tell them what is going on. I am suppose to sit and wait… to see what these
people want to do with my life and my
home…. This is not the mission of a guardian, not the purpose of a guardian, not the reason that
the state of florida executes the
directives of a guardian in someone’s
life.. He was supposed to help with legal matters and financial situations but
instead he is hurting my legal matters.. and my financial affairs! I
have been told that I only have Patrick
Weber to help me as no one else wants to or will help me… but his help is now
hurting me and my home ownership.
What else do you need to know? His actions are hurting me and my home
ownership and my life, when if he had actually read the Florida statutes,(
744) if he had asked for competent counsel
to assist him in making g any statements in court, if he had even read
any information on the status of the mortgage companies and the fraud… or even
the effects of his actions on my behalf .,,, I wouldn’t be in this situation
Please Help! (I have been through ten years of hell where my life has been destroyed … from identity theft, to actual
theft, to bulling and and eventual nervous breakdown, and now my home basically being stolen for what is owed the HOA…. A mere 20-40 thousand
dollars…. HELP! And my guardian Patrick Weber is assisting!
Sincerely mary jean ziska
5632 whisperwood blvd. 1601 naples florida 34110
239-234-4065 begin_of_the_skype_highlighting FREE
239-234-4065 end_of_the_skype_highlighting
whatabtmary@yahoo.com/www.mysearchforjustice.com / maryjeanziska@mysearchforjustice.com