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.
2. Court appointed Patrick Weber as guardian to oversee financial and legal matters.
   1. The lawyer breached his duty
   2. His behavior directly affected a foreclosure 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.   
      1. That the breach caused actual damages resulting from his breach
      2. 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 foreclosure, or the status of the  mortgage mess, or even that he was going away!    
         1. That damage would not have occurred otherwise.
         2. He absolutely caused all of this to happen, His unprofessional actions have hurt me enormously,  He does not know how to defend a foreclosure suit, he doesn’t not have any one in place to assist in defending the foreclosure suit, he went on  vacation and did not even notify me of the status nor did he even notify me of  the court case where he accepted service of the foreclosure of my condo! These actions are unethical and unprofessional!  He was put in charge of assisting me and he directly and deliberately hurt my case, my home ownership and my future! 

Is this the same criteria  needed to file a complaint?   I have had Patrick weber ordered by the 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 25^th 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 18^th 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 3^rd 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 18^th 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:

1. He was  to increase my medical disability ( which he never did)
2. He was to make sure the title on my condo was free from any problems (which he never did)
3. 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)
4. 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 foreclosure suit until he had the equity line of credit in place, and had the  tried to mediate the sum owed instead of accepting  the foreclosure! 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 pleased about this  and had no intension of accepting service of the foreclosure 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 foreclosure 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 mortgage 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  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 approx. $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 whatabtmary@yahoo.com/www.mysearchforjustice.com / maryjeanziska@mysearchforjustice.com