Monthly Archives: July 2012
documents for HOA
legal match email sent to me on july 2nd 2012
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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)
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:
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)
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)
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
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.
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:
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
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.
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Jeffrey Ahren ▪ Director of Development/Pro Bono Coordinator Legal Aid Service of Collier County ▪ 4125 East Tamiami Trail, Naples , FL 34112
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July 16th 2012 @ 11:49am Post of email to patrick weber march 07th 2012
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Dear Patrick, March 07th 2012
I’m not sure if my mother emailed you as per the most recent misconduct
fromteh HOA as to my scanner code on my vehical. Did you receive any mail from thenm reguarding the barcode on my car. I have not been able to get thoguh the automatic gate the past few days whaen i asked david the head of security, he todl me that certified letter was sent to me fromteh HOA telling me that they were removing the bar code ability to enter into the gate . They shoudl have sent it to you. not me and if they were sendign it to both of us they shoudlnt have done anything without notifyin gyou first., I think the gurad is lying to me but i need to makde sure. Pleas elet me knwo what is goign on. They had said this sME THING ABOUT THE COMACAST CABLE.. WHEN THE BOXES WERE BUNDLED AND SHOUDLH HAVE BEEN UNDER THE COMCAZST COMMUNITY INSTEAD OF ME HAVING OT BE A SEPERATE ACCOUNT. SHOUDL HAVE BEEN FREE ADN BEEN BUNDLED UNDER A A Tender Loving Care
Service Marion Gregory Director
239-598-1515 Mary Jean Ziska Assistant Director
239-287-2294 — On Wed, 3/7/12, Patrick C. Weber, Esq.
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july 16th 2012 posted email sent ot patrick weber may 23rd 2012@5:53pm
Dear Patrick, Larry, and marion( mom) May 23rd 2012 @ 5:53pm
Iwas told to go go through all my documents and to write you a summary of what transpired concerning mortgages and concerning documentation and fraudulent practices.
I found a document listd as
” complaint to foreclose mortgage and to enforce lost loan documents” It consits of 6 pages and on page two item (#19) it mentioned that i went to their office on november 2nd that i went to thier office and delivered a promisary note nad mortgage securing pauyment of the note to the payee name d theron. Does this mean that i delived a mortgae note to fort lauderdale when the documentation for option one mortgae clearly states i had to be in sarasota signing paperwork
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
post published july 16th 2012 with email sent to patrick weber adn to larry pivach 5/25/2012
Dear patrick and larry, i just sent you some of the information in teh form of articles and pdfs concerning david j stern. Residential funding had david j stern as the lawyer for the paperwork. Theunlawful practices and violationsfrom the mortgage brokers are horrific.
These are some of the infractions i discovered when going though the paperwork concernign guardianship laand mortgae situatins.
1. residential funding and een option noe mortgage did not do any research or due diligence concerning my incapacity. Asdeclaration of incapacity or incompetencey dated: january 03rd 2006 filed document #06116GAHDH(order determining limited incapacity.) This date is prior to any documents/signatures for either mortgage or rfinancing.
2. Dincapacity. Asdeclaration of incapacity or incompetencey dated: january 03rd 2006 filed document #06116GAHDH(order determining limited incapacity.)
2. paperwork from peele management corporation to pelican capital had probglems with the assignment of mortgae as it had crossed out transfer companies, was signed in 2004 but not submitted and occialely recored until 2006 and somehow residential funding was involved as ther stamp was onteh paperwork. I personally had never heard of or seen any documentation of a Pell,e management corporation located in reno nevada… see document 3785331 or 3982 pg 2341 recorded by dwight e brock on 02/14/2006.
tihs is definately anexample of ther falsified documents as stated in teh article writttn by huffington post emailed to you today adn dated 2/06/11. and the
3. In documentation: case number 08-1272-CAdocumented feb 21st 2008 @9:54 listed as complaint to foreclose mortgage and to enforce lost loan documents they lied about me delivering them a promissory note and balloon mortgage on November 2nd as the option one documentation states that those papers were signed on november 2nd . in sarasota. They also claimed to own and hold the mortgage # (5): “the plaintiff owns and holds mortgage” then they state on count II listd under #21: ” the plaintiff is not presently in possession of original note and mortgage. ”
3.
A Tender Loving Care Service
Marion Gregory Director 239-598-1515
naplesmarion@aol.com
Mary Jean Ziska Assistant Director 239-287-2294
whatabtmary@yahoo.com
email sent to patrick weber adn larry pivach concerning aegis…. one of many mortgae companies on my credit report
A Tender Loving Care Marion Gregory Director Mary Jean Ziska Assistant Director |
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email to patrick weber concerning the ntoe and lawyer in david sterns office mathew kahel… relation to karen kahel? both bullies orcriminals or what?
Take Karen Kahl to court:
conspiracy to defraud /harass /bully / trespass/
breakingandentering/ identity theft
Mathew kahl attorney with David J Stern (fort
Lauderdale) signature on document when mortgage note
was lost destroyed or stolen.
Babysitting for Karen kahl in 2005 she started bulling
2005-2006 and since meeting her allmy life has been
ruind
Gave her my social security number for employment /big
mistake!
Problems on my credit report I thought stated with Ian stein
however 2006 problems on credit report ie t-mobil accounts she had t
mobil phone.. so did felony fred had t mobil account phone… infact when I spoke
with “ my cousin” he mentioned conjugal
visit… which my cousin would never use that
terminology.
2007 had horrid year… hundreds of bully emails and
letters sent to ruin my reputation and to bully me.
I had bully mail through the US post
office on holidays and on special occasions.
According to paperwork with Mathew kahel’s signature as an employee
of david j stern:
Count II on document: 08-37735(LIT)
A Tender Loving Care
Service
Service
Marion Gregory Director
239-598-1515
239-598-1515
Mary Jean Ziska Assistant Director
239-287-2294
239-287-2294
email sent to patrick weber june ….
This is ridiculious…. patrick weber is supposed to at least know the fla statutes for his job… as gardian… the fla statutes to govern gardianships is 744…… th specific fla statutes that denotes the enforceability of a document…. and the legitimacy of a document… is:
Florida Statutes: 744.387 (3)(a) COURT APPROVAL IS REQUIRED TO SETTLE ANY CLAIM OF THE WARD ARRISING BEFORE OR AFTER TEH APPOINTMENT OF THE GUARDIAN . tHE GUARDIAN MAY SETTLE CONTRACT CLIAMS AGINSTTEH WARD’S ESTATE ADN CLIMS BY TEH WARDS ESTATE WITH COURT APPROVAL.
EXAMPLE: INCLUDE CLIMS TO EXTEND OR MODIFY ANY MORTGAGE OR CLAIMS TO ENTER INTO A FAIR COMPROMISE ( F. POWERS WITHOUT COURT APPROVAL )