July 16th 2012 @6:01pm email from legal aid concerning assistance from darrin phillips and status of HOA suit

Original Message—–
From: Patrick C. Weber, Esq. <colliercountypg@aol.com>
To: naplesmarion <naplesmarion@aol.com>
Sent: Mon, Jul 16, 2012 2:18 pm
Subject: Re: Mary Jean Ziska – REMARKS ON LAST EMAIL TO YOU (From Marion)

Hi Marion: I hope all is well. I have prepared a Motion to Extend The Time To File a responsive pleading to the Foreclosure. I will file it by Wednesday the 18th. I am hoping that I can get the HOA attorney to agree to the Motion without a hearing, but I am not sure how that will go. Let me know how you made out with the bank. FYI, the HOA dues in the foreclosure, thru July 2012 looks like they would be $32,415. Thru the end of the year it would  be $33,755. This figure does not include late charges, interest or attorney fees. I hope that we can negotiate on those costs down the road. If this works, and we are successful on the Option One mortgage matter, I would agree to refinance Mary’s condo to pay you off of your loan. I just hope that she gets into a financial position that she will be able to afford to stay in the condo. I will keep you in the loop and have a great day.
Sincerely,  
 
Patrick C. Weber, Esquire
Collier/Charlotte County Public Guardian

4670 Cardinal Way
Suite 301
Naples, FL 34112-6783

Office:  (239) 417-1040
Fax:    (239) 417-1042
 
—–Original Message—–

From: Marion Gregory <naplesmarion@aol.com>
To: whatabtmary <whatabtmary@yahoo.com>; naplesmarion <naplesmarion@aol.com>
Sent: Sun, Jul 15, 2012 12:08 am
Subject: Fwd: Mary Jean Ziska (Reply from Marion on July 14th)

Hi Mary Jean,
 
Just read this and do not act on it in any way…please. This is confidential and for your information only. (You know FYI!)
 
I hope you are feeling better.  As soon as I hear back from pat next week I will let you know.  God bless you!
 
I love you!
 
MOM
—–Original Message—–
From: Marion Gregory <naplesmarion@aol.com>
To: colliercountypg <colliercountypg@aol.com>; larrypivacek <larrypivacek@gmail.com>
Sent: Sat, Jul 14, 2012 11:51 pm
Subject: Re: Mary Jane Ziska (Reply from Marion on July 14th)

Pat,
 
Thanks for your reply.  I talked with Gail Schultz on Friday and I am planning to go to Regions Bank on Monday to fill out an application to try to get  ALL the back and 2012 HOA dues up to 3rd quarter financed using my house as equity or maybe even a second mortgage if that is an option. Once the HOA thing is squared away I do feel that even though it may take some time to clear up the Option One still on the title that it’s just a matter of time until it is off. If this goes through then Mary Jean would make payments on this second mortgage.  I have also told Mary Jean that she needs to save her money for her future dues, etc. Pat, do you have a figure less the late fees and interest charges, etc. The figure should also include the Social Dues.  I also feel that they, the HOA Attorneys,  should wave their attorney fees in view of the fact that Mary Jean was incompetent and this goes back to where a Guardian should have been in place to receive this billing, etc. As the Judge said you can’t serve someone who is comatose. I think when he stated that he was trying to get a message across to all of us.
 
Regarding AGREED ORDER, No. 4 , the “responsive pleading that the Guardian will file within 30 days from the date of the order” do you not file this to the Court or to the Judge instead of the HOA lawyers so that the foreclosure or sale is stopped, or ask for a continuance through the court system? And the reasons could be awaiting assignment of a Legal Aid attorney or finalization of report from 3rd medical examiner, etc. I think we certainly have enough reasons to stop the foreclosure but I thought it had to go before the Judge to stop it. 
 
Hopefully I’ll know within a week or so if Regions can assist me or, if not, then I would go to Wells Fargo where I have a contact.
 
Mary Jean has another opportunity to care for another elderly person. (I had that call today from the daughter of her elderly Mother in Pelican Marsh).  I do feel this can all still be worked out. We have an “Auntie” who is very interested in sharing Mary Jean’s condo with her and that will definitely put MJ in a better financial position with her expenses, etc.
 
I’ll let you know how I make out at the bank and please let me know what steps you’ll be taking to respond to the “Agreed Order”.  Friday is July 20th and the 30 days is  up July 21st!
 
Hope you had a nice vacation and thanks again for all your help!
 
Sincerely,
 
Marion
 
 
 

 
—–Original Message—–
From: Patrick C. Weber, Esq. <colliercountypg@aol.com>
To: naplesmarion <naplesmarion@aol.com>; larrypivacek <larrypivacek@gmail.com>
Sent: Sat, Jul 14, 2012 3:40 pm
Subject: Fwd: Mary Jane Ziska

Just to update you on what we are up against I am forwarding my most recent correspondence from Legal Aid. On Monday, I will call the attorney who represents the HOA and ask for an extension to file our answer. I think it would
be best that Mary Jean prepare herself to start making payments to the HOA to at least stay current for 2012 and on going obligations. I am going to assume that this will be a requirement for an agreement to the extension. I will let you know as thing develop. 
Sincerely,  
 
Patrick C. Weber, Esquire
Collier/Charlotte County Public Guardian
4670 Cardinal Way
Suite 301
Naples, FL 34112-6783
Office:  (239) 417-1040
Fax:    (239) 417-1042
—–Original Message—–
From: Jeff Ahren <jahren@LegalAid.org>
To: colliercountypg <colliercountypg@aol.com>
Sent: Fri, Jul 13, 2012 6:06 pm
Subject: Mary Jane Ziska

Pat,
 
I spoke with Darrin Phillips earlier today.  Unfortunately, he has declined to represent Ms. Ziska.
 
I will be on vacation next week.  Therefore, you will have to handle the matter as best as you can until I return – which will be on July 23rd.
 
I should alert you that in speaking with Darrin, it appears that the case is quite complex.  I will address it when I return, but I want to give you a ‘heads up’ that this might be a case that will be difficult to place through Collier Lawyers Care in light of its complexity and the very substantial amount of time the litigation and other matters may take.
 
Take care, and I will touch base when I return.
 

Jeffrey Ahren  
  Director of Development/Pro Bono Coordinator
Legal Aid Service of Collier County    4125 East Tamiami Trail, Naples , FL 34112
Tel:  (239) 298-8130    Fax: (239) 775-3887
jahren@legalaid.org    www.LegalAid.org/collier
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