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Dear Larry,
Sunday September 16th 2012
In response to your email concerning the court hearing on
September 20th 2012. There
are a few motivating factors which have contributed to my decision not to attend. ….
1. Not on judge’s schedule: First,
I looked up the month schedule for Lauren L. Brodie the collier circuit judge
that I was told was to oversee the
case… the funny thing…. On the docket for September 20th she has cases all
day…. One at 1:50pm that is “no title” and one at 2:30pm listed as 10 minutes motions…. But
nothing for 2:00pm..Hummm… AS for
Magistrate David Friedman he has on this
Sept. month schedule: 1:30pm (6) 5 minute motions and then at 2:00pm (3) no title) ….. with everyone
and their brother wanting me to leave my home … I was just wondering….. why
the lie?…. the last time
I left my home for any length of
time or had to go very far away I had someone in my home who lowered my ac to 70 degrees.. Who stole information
off my external hard drive, who stole personal pictures and since I have had the last ten year’s
worth of people deciding they could steal
from me without any
repercussions… (IE my guardian
didn’t lift a finger to try
to prosecute any thieves.. or bullies..
or even try to make sure stolen items
were returned….. so the thieves believe they can get away with harming my life…
with threatening me and obviously with lying and stealing from me… then the 2nd reason….
2. I have been threatened (over the phone) at least 3-4 times that if I stand up for my
rights and say anything while
I am in the courthouse,….. if I get
upset by my guardian harming my life, and disregarding my needs,
requests, demands ….. or disregarding even legal protocol…. as he has done this entire
year! …..If I say anything
about his horrid
representation as a lawyer….I am
threatened that I will be backer acted????… for disrupting the court???…. What the
Hell????? I am supposed to be punished again…. Instead of the person
who the courts entrusted to be a guardian… to protect me from harm…. And who
was legally obligated to obtain legal representation to defend what he has no legal knowledge for defense….
and most importantly…..didn’t do
anything on my behalf… …. (who still does not know how to defend a
foreclosure.. or in my opinion the worst person to actually be a guardian….
and who has purposely gone out of his way to make every wrong choice..(forme ,
mylife or my wishes… or needs) and seems to want me to lose my temper on purpose… lose control of my emotions … and
to lose my condo… perfect example is when he laughed… while I got upset when he told the court that as a lawyer he was
going to disregard the legal and binding statute of limitations… and
wave it for the HOA ….WHAT THE HELL WAS
HE DOING?
YET …. I AM THE PERSON WHO IS BEING THREATENED ON THE PHONE!…. ABOUT BEING BACKER- ACTED????….. DO THEY EVEN KNOW WHAT THE REQUIREMENTS ARE?…. I HAVE
THE DEFINATION FROM THE COURT HOUSE WEBSITE….
BAKER ACT: “Persons
who are mentally ill and refuse to seek treatment and are a danger to
themselves or others may be court ordered for evaluation and treatment or
emergency pickup, if necessary, under the provision of the Baker Act when the licensed
service provider determines the criteria. The agency files the petition and
assists with the preparation and filing of emergency petitions.”
In no way shape or form is
standing up for your rights a reason for such a horrid threat…..
3. The third
reason, I am not attending
the September 20th
hearing ….is I am completely disgusted at the Lack of Competent Legal representation!
Patrick Weber, who
still does not know how to defend a foreclosure. Or even know any guardianship laws…. And in my opinion the
worst person to actually be a guardian…. has purposely gone out of his way to
make every wrong choice.. and it appears he actually gets pleasure and enjoyment
and actually me to lose my
temper…. on purpose… lose control of my emotions … and
to lose my condo! A perfect example is
when he laughed… while I got upset when
he told the court that as a lawyer he
was going to disregard the legal and binding statute of limitations… and
wave it “Just for the HOA” so they
could foreclose upon my home… He
laughed…. About the doctor.. dr mcgoo… or what ever his name was supposed to
be… ( I couldn’t find his name in the AMA…American Medical Association
Directory) the doctor who couldn’t
figure out how to put on a blood pressure cuff… and tried to take my blood pressure twice… once then again
immediately right after the first time and on both times on the same
arm… when the proper procedure was:
“Proper Technique for
Blood Pressure Measurement From Craig
Weber, M.D., former About.com Guide Updated
February 05, 2007 About.com Health’s
Disease and Condition content is reviewed by the Medical Review Board Proper Technique Can Save Your Life Correct blood pressure measurements are
essential to diagnosing and treating high blood pressure. Accordingly, a
specific set of techniques and procedures have been developed which describe
the proper method for obtaining the most accurate blood pressure readings
possible. Because research has shown that medical professionals often do not
completely follow these guidelines, it is important for the patient to be able
to identify when proper protocol is not being followed. Wrap the blood pressure cuff around your
patient’s upper arm. Make sure it is fully deflated and placed slightly above
the groove of his elbow by centering the arrows on the cuff in that area. Now
place the sphygmomanometer next to the patient’s arm and near the cuff. Put your stethoscope’s ear pieces into your
ears and place the diaphragm in the groove of your patient’s elbow. Make sure
the valve of your pressure bulb is closed then quickly inflate the blood
pressure cuff to a value that is 30mm/Hg above your patient’s last blood
pressure value. Slowly release the
pressure bulb at a rate of 2 to 3mm/Hg per second. Then listen for the first
clear sound from your stethoscope. When you hear it, note the value at which it
occurred on your sphygmomanometer. This is the systolic blood pressure value.
The sound will slowly increase in intensity. Wait for the sound to start
decreasing in intensity and listen for the last muffled sound. Note the value
at which the last muffled sound occurred. This is the diastolic blood pressure
value. Remove the cuff from your
patient, assist him into a comfortable position and write down your his blood pressure
values.
Taking blood pressure twice question: Hi, I know that you can’t take your BP
twice on the same arm very quickly. My question is, can I take it on my right
arm, then a minute later take it on my left arm? The veins wouldn’t be
“overpumped” getting a false reading in that case right? I ask b/c I
find that doing this, the first time gets rid of my cuff anxiety so my 2nd
reading (in whichever arm I do second) is always much lower. But I’m not
getting a false low reading b/c I just took it in the other arm am I? Does that
make sense?Thanks!/Linda Read more: How
to Use a Stethoscope & Blood-Pressure Cuff | eHow.com http://www.ehow.com/how_5577398_use-stethoscope-amp-bloodpressure-cuff.html#ixzz26hEHRklR “
His laughter at my pain,
or laughter at my reaction to his
threats….is totally unacceptable
from a person who is supposed to
be a guardian….….
His lack of knowledge
of the Florida Statutes and for protecting
my rights.. his disrespect and
misrepresentation.. is disgraceful …..then to be threatened that if or when I take
a stand for protecting my rights…. Or the
actual laws in United States of America.. or the Florida
Statutes….that i will be backer-acted??? Patrick
doesn’t seem to know what the
hell he is doing! .. He has done
everything IN HIS POWER TO MAKE EVERY WRONG CHOICE… for my life ! That is if he even bothered to do
anything on my behalf at all!…. …. IT
IS AND HAS BEEN ONE FULL YEAR OF MISCONDUCT AND
NEGLIGENCE … AND still I GET
THREATENED TO BE PUNISHED FOR HIS
ACTIONS?…. I am in total shock… and disbelief at the utter disregard of the law… and taking advantage
of power and the …. If I was in a coma… God forbid a person like Patrick would ever be in charge
of their lives… I have had to
protect my life , my freedoms and my own home ownership from the person who was supposed to help me…. my
own guardian!
NO….. I WILL NOT BE AT THE COURT ON THE 20TH…. I
WILL NOT GIVE ANYONE THE
OPPORTUNITY TO HARASS ME.. TO
BELITTLE ME …..OR TO MAKE ME UPSET .. ESPECIALLY TO THE POINT WHERE I AM SHAKING AND READY TO THROW-UP… I WAS BULLIED BY
KARNE KAHEL AND OTHERS IN THAT MANNER UNTIL I HAD THE BREAKDOWN THAT CAUSED THE NEED FOR A GUARDIAN…. I WILL TRY TO SAY CLEAR OF SUCH ABUSE
ESPECIALLY FROM SOMEONE WHO IS HIRED TO PROTECT ME… MY
GUARDIAN…. TO THREATEN TO BACKER ACT ME??????? …AND NOT EVEN
ON THE PROPER SUFFICIENT GROUNDS…( SUCH AS: I AM NOT PLANNING TO HARM MYSELF OR ANYONE
ELSE… AND THIS THREAT IS MADE
BECAUSE I MAY SPEAK IN THE COURT ROOM….
I WANTED AND NEEDED COMPETENT
LEGAL REPRESENTATION.. WHICH HE SAID WAS THE MAIN REASON I SHOULD KEEP HIM AS MY GUARDIAN THIS ENTIRE YEAR…
HE HAS NOT PROVIDED
THAT AT ALL! WHAT IS HIS MOTIVATION?…
DOES HE GET SOME KIND OF SICK
PLEASURE SEEING GIRLS CRY? …OR HAVING
MY ANXIETY GET SOOO BAD THAT I CRY
OR THROW UP.?.. DOES HE LIKE DOING A HORRID JOB SO EVERYONE
ELSE HAS TO CLEAN UP HIS MESS? …LIKE
THIS DEAL ….HE MADE…. WITHOUT EVEN CONSULTING ME…. AND SEEMS INTENT ON
EVERY CHOICE HARMING ME? … EVERYTHING HAS BEEN EXECUTED IN THE WRONG MANNER… AND WTIHTEH
WORST POSSIBLE OUTCOME…. ALL ON MY BEHALF????
DOES HE GET A COMMISSION FROM THIS HOA
DEAL?….IS HE TRYING TO IMPRESS KIMMY OR KATIE OR KARN THE PARALEGAL?… WHAT THE
HELL IS HE DOING? THIS SHOULD HAVE ALL BEEN
FIXED IN 3-6 MONTHS WHEN HE STARTED AS
MY GUARDIAN… WITH THE INTENSION OF NOT HARMING MY LIFE …. AND SO THAT HIS DECISION WOULDN’T HARM MY LIFE… INSTEAD ALL OF HIS
DECISIONS HAVE HARMED MY LIFE, MY INDEPENDENCE, AND MY HOME OWNERSHIP!…. AS I
MENTIONED BEFORE, HE SHOULD NEVER BE ALLOWED TO BE A
GUARDIAN…..EVER!..
Speaking of the bullies on the phone…In fact, someone over
the phone seems to be under the impression that I will have a guardian my
entire life…. I have a limited
guardianship…. For assistance with financial and legal
representation……I do not need 12
hours of neurological testing… for this
limited guardianship…. And it is your
assistance as my attorney for the
guardianship case… to reiterate that fact!
and that i am not allowed to have legal representation
unless have a guardian…( a lie. And completely untrue… .). and also told me
that unless I have Patrick as my
guardian I will not be able to have my
medical disability payments….
(another lie! And completely untrue…)…
more lies not based on any laws or facts and more threats…. all over
the “idiots “ over the phone but I am
not taking any chances …especially in
person…. I am not a punching bag for people to abuse…. not anymore…..
To the point about
gaining my independence: I
printed out my car insurance and have had the same account and paid billed
receipts for 7 years.
I have a man from my car insurance sending me a copy of the
complete record to prove I have
paid and continue to pay my bills without
Patrick’s interference… I also have records of my fpl account and paid bill receipts
to prove the right for paying my bills
cannot be taken away from me …. Do you
want me to go into the Florida statutes concerning the protection of my rights from people trying to take away
money or rights from me… I can also
provide you with the budget…. Pretty much similar to the budget I gave
you and Patrick when I first met with
you … to reiterate…
I feed myself / I
cloth myself. / I bath myself/ I pay my bills/
I keep my home clean and organized/ I
can cook for myself and completed and
passed the testing for math and
simple decisions . My breakdown was due to bulling and anxiety
which has affected my life
tremendously but not enough for Patrick to go into the SS office and try to
steal money for paying my bills to pay the HOA for a deal that is
horrendous…. A $500.00 payment
could be
payments for two
brand new cars! … audacity to
say that I should move if I can’t afford
the deal he is trying to make for my life… on a condo my mother and father helped me to select in the hopes I would have a great future… I was sooo upset to read that email..
completely unacceptable….
Did he even do anything to help clear my title?… I hear d
that he thought option one was the last mortgage on my title… He was even wrong
about that….I went to the website for
the clerk of courts and there was a
release of the option one mortgage…. To
residential funding.. ( DAVID J STERN)
Who was sued by the state of
Florida… who I have documentation that he lost the original note…. I just needed legal representation to clear
the title… on a technicality …. And I
also checked on an equity line of credit with my own bank….
Spoke with a girl who went through the
numbers with me…. We are talking
$122 to $150 or $170.. for a
payment… a huge difference from
$500.00….. he never even did anything
in that direction to help
me….. I could go on and on with
example upon example of negligence and misconduct…. In fact I have
emailed everyone lawyers, judges, governor, police, senators… television
stations…. For visibility of the misconduct and negligence… and for assistance to stop him from harming my
life any further…..
Now Larry, it is up to you….
I was reading that “ a referral to a magistrate requires tha
conscent of all parties . You are entirtled to have thismatter heard by a
judge. If you do not want to have this matter heard by the magistrate you must
file a written objection to the reference prior to comencent of the hering
*It must be written
*it must be in a timely manner
If either party files a timely objection this matter shall
be returned to the undersigned judge with a notice stating the amount of time needed for hearing If required
by a magistrate the attorneys shall prepare a proposed report falure to submit
said proposed report on a timely basis may
result in sanctions being by the
circuit court judge.”
According to this rule…. Under rules of civil procedure
5.095 rule 1.490(a) You need to file this paperwork to give me time to get a
real attorney to clear the title… to get
the loan with lower payments and then the HOA will be happy to have all their
money in one payment!…. you had
mentioned you wanted to know what
my plans are… they have not changed… the same items that need to be fixed haven’t
changed…. Patrick never helped with anything…
but my mom said she already gave money to Patrick for the lump sum….
Instead when he is fired that money
should be given back to her and to hire
a REAL lawyer who won’t lie and can
accomplish the tasks at hand….. I still
think it will be at least 90 days for me to find legal representation… and to
clear up my credit report.. to
clear the title… to increase the medical disability payments … and to obtain the loan that will help me…. Not benefit
Patrick….
Do you think that can be accomplished in that amount of time
or do we need more time?
The grounds for firing him(Patrick) …. Can even start by his
noncompliance with the rue to fill
out the paperwork for the plan of
action….. remember I told you about
that…. Then take your pick he did
nothing…. On my behalf… not one objective was achieve….
4. Fraud upon the court:
He lied to me point blank and told me to keep him as my
limited guardian ….. that i needed him for this legal representation that he
did not provide…..By lying to me by his misconduct and his
negligence….. he has lied to the
courts….. Is he retaining wards to just
make the fee given by the state? Does
he get a commission ? for his work with It would be pretty illegal
if he had some deal with the HOA like he
had some
inside deal with his friend at regions bank?…. Does he even realize how unethical he is being…… and if he is
making “blood money” / additional money off this horrid deal…. does he even realize how much
it will harm my life and home ownership?
What is his real motivation? I trusted him and you to protect my rights to help me.. and as i mentioned on
the phone I am completely disgusted by this entire year that was wasted.. and ruined
and it appears that it was done all on purpose…. and instead of Patrick begin
some hero who saves the day he is the
villain, who ruins everything! …
It is very clear
that what ever his motivation …. he is
not a guardian who is in the business of
helping people…. since he is still
not answering any of my emails or phone calls… I have
not received any communication even from
anyone in the office nothing from him directly…. No calls or emails…. I he actually still
communicates with my mother…. It is
completely unprofessional and
unacceptable! …. ..
As to the most recent threats and bulling on the phone….
especially the most recent phone conversations….I received a call from
the Social Security office…where people
want to take my money and funnel it into
their accounts directly…. What????? ….. to make me keep a guardian who does
nothing but harm my life….. and even threaten me that if i say anything .. they will baker act
me?….
Laws were created to protect me…. Protect me, the ward from
predators…. Like these people and these
criminal actions…. laws to protect me
from all of this….and i should have been
able to count on my guardian to protect me .. but now that he is the person who
is doing the most harm… how do I
protect myself from the abuser himself?….especially when the abuser
is the person who has some control over my life… and the decisions for my
life….
This is my real life…. I don’t get one minute of it back….
10years of my life being harmed/sacrificed
… is unforgivable! I will not stand
for even one more minute…. of losing my freedom and my rights for stoping
decisions that will harm my life…. For what ?….. so that I can be threatened? … if i didn’t have him as my guardian… and those same threats from someone trying to take money from me … it would be
considered stealing…. And I could have him arrested! .. as i said before unforgivable …
Ii have I even got so upset when the person on the phone decided that they could do or say
anything they like to me… as far as threats .I have a right to be
heard but will have to count on you to represent my wishes and to represent me in the court house! I will also need to court on you to make
sure that Patrick Weber doesn’t make any more
horrendous mistakes…
for example: during one of the past court hearings… where Patrick weber told the court
his decision to waive the statute of limitations so the ( young girl)/lawyer representing the HOA would be
still able l to still file for foreclosure . At that meeting he was
supposed to ask for a continuance since
he had still not competed any
of the tasks he was enlisted to
assist me with. There was only a very short time period left before the
statute of limitations was to run out… approx.
two- three week window before the one full year for the statute of limitations would
have run out…. He did not accept the sale date for the foreclosure…. On my
behalf…. Who was he trying to help?…the
young girl lawyer?… or me?….His misconduct still make my blood boil! …..He was
supposed to ask for a continuance because nothing
was ever done to assist me in
preparing for anything…. for
preparing and obtaining
the loan… NOTHING HAS STILL BEEN DONE…. I am trying to clear the title myself.. to clear my credit
reports myself.. and to check on loans and payment schedules….myself…. but I
need real legal representation which Patrick weber is clearly not providing….
Nor has he ever provided it to me this
entire year…nothing with my best interest at heart….. WHAT A HORRID
WAY TO REPRESNET HIS WARD DON’T YOUTHINK?
In conclusion, NO! I
will not be attending the court date September 20th at 2:00pm
Thank you for your kind attention to this email. Honestly, thank you Larry…. You are the only
person who has actually asked if there is anything you can do for me… or to help …. I
needed to get some ink cartridges.. and a really kind person who
works near by and my mom helped with that….I just need to go the grocery store once a month… and everything else I do from home… pay bills, and try to fix what I can from here….. I just don’t
really need the extra anxiety from
people not honoring my needs or requests… and making more of a mess I may
not be able to ever fix… I definitely don’t
need the bullies on the phone… can you
stop the lies and the bullies? Ha… or
find me really great legal representation for
all that needs to still be fixed…. If you can help with those things that would be
great! Just do your best on my behalf… and keep my best interests
as the main priority….. thanks…
Sincerely,
Mary Jean Ziska
A Tender Loving Care Service Marion Gregory Director 239-598-1515 naplesmarion@aol.com
Mary Jean Ziska /
239-234-4065/whatabtmary@yahoo.com
— On Wed, 9/12/12, Larry Pivacek
<larrypivacek@gmail.com> wrote:
From: Larry
Pivacek <larrypivacek@gmail.com>
Subject: Re: Larry
please contact me a.s.a.p… as per the dockets I have a new judge? Lauren l. Brodie,
and what is the “authority to act?” to get rid of the guardian or for Patrick to take my medical
disability money?
To: “mary
jean ziska” <whatabtmary@yahoo.com>
Date: Wednesday,
September 12, 2012, 8:09 PM
Confidential
Attorney – Client Communication / Not To Be Published
Dear Mary Jean
The presiding
judge in your case is Judge Lauren Brodie.
She will be the
ultimate decision-maker on any hearing heard by herself or the Magistrate on
any requests made by us or the guardian.
Judge Brodie has
assigned the hearing for September 20, 2012 to Magistrate David Friedman and so
the Magistrate is who will hear our Motion To Continue and the guardian’s
Petition To Act.
The Petition To
Act is the request by Pat Weber as Guardian to enter into an Agreement on your
behalf with the HOA for you to pay $500.00 per month and $5,000.00 as a down
payment on your HOA dues.
As per your
request I will file an Objection to Petition To Act.
That way, even if
the Motion To Continue is denied we can still argue against the Petition To
Act.
Mary Jean, if the
Petition To Act is denied and there is no agreement with the HOA how to you
plan to pay you quarterly fee of $1,500.00?
Is that amount
going to be satisfied by the loan you are applying for?
Also, what do you
plan to do about the foreclosure action if we get the guardianship dismissed,
or Mr. Weber dismissed?
I just want to
make sure you have thought of these issues as our hearing on the Petition To
Remove Guardian and Terminate Guardianship may be heard as early as October.
Have you
reconsidered appearing at the hearing on September 20?
I think you could
really help if you were there to testify regarding our requests.
Finally, I know
that you said you are not leaving the house too often.
If there anything
I can ask the guardian to get for you like necessities or food?
Please let me
know.
Larry
Confidential
Attorney – Client Communication / Not To Be Published
On Wed, Sep 12,
2012 at 12:56 PM, mary jean ziska <whatabtmary@yahoo.com> wrote:
05/14/2012 PETITION FOR STATUS REVIEW
05/16/2012 SET ON HEARING DOCKET 6/7/2012
BEGINNING AT 2:00 PM FRIEDMAN, DAVID C
(SEE NOTICE OF HEARING FOR ACTUAL
HEARING TIME)
05/16/2012 NOTICE OF HEARING PETITION FOR
STATUS REVIEW 2:00 P.M.
05/17/2012 SET ON HEARING DOCKET 5/17/2012
BEGINNING AT 2:00 PM FRIEDMAN, DAVID
C (SEE NOTICE
OF HEARING FOR ACTUAL HEARING TIME)
05/17/2012 HEARING SET BY JUDGE’S OFFICE
PETITION FOR COURT’S REVIEW 2:00 PM
05/17/2012 PROCEEDING: HEARING
05/17/2012 PRESIDING JUDGE: FRIEDMAN, DAVID
C
05/17/2012 PRESENT: PATRICK WEBER (GUARDIAN
PLENARY)
05/17/2012 ATTORNEY PRESENT PIVACEK,
LAWRENCE SAMUEL (WARD)
05/17/2012 CASE MANAGEMENT HELD
05/29/2012 CANCELLED HEARING ON 6/7/2012
2:00:00 PM DUE TO PER MAGISTRATES OFFICE
06/30/2012 PER ADMINISTRATIVE ORDER, CASE
REASSIGNED TO JUDGE CYNTHIA A PIVACEK
08/17/2012 CORRESPONDENCE FROM WARD MARY
ZISKA
08/22/2012 ORDER OF RECUSAL
08/22/2012 ORDER OF REASSIGNMENT TO LAUREN
L BRODIE
08/23/2012 NOTICE OF HEARING PETITION FOR
AUTHORITY TO ACT 2:00 P.M.
08/23/2012 PETITION FOR AUTHORITY TO ACT
08/28/2012 SET ON HEARING DOCKET 9/20/2012
BEGINNING AT 2:00 PM FRIEDMAN, DAVID
C (SEE NOTICE
OF HEARING FOR ACTUAL HEARING TIME)
Wednesday
night is regular maintenance time on our servers; as a result brief outages
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
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
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