Monthly Archives: September 2012

monday september 10th 2012@ 10:08pm letter to Mrs Kort

Dear Mrs. Kort,      September 10, 2012 @9:05pm

Here are the notes from our conversation today concerning the budget and change in living expenses that I put in writing.  If you have any questions concerning the amounts for the items on the budget, I have paperwork to verify the totals.  I am sending this via email, to my mother and she said will fax this to you tomorrow morning.     You asked that I include information about myself such as social security number / address and this budget.  My name is Mary Jean Ziska.  My social security number is ************ and my address is ****** Whisperwood Blvd. Naples Florida 34110. Total Expenses needed from budget listed below:   $1541.91.  Current income I receive $465.34.  Income ($465.34) started January 2012.  I started Food supplement ($200.00) in May 2012.          

 Notes:    I spoke with Mrs. Kort at 3:20pm.  She will be sending me a stamped envelope where I need to mail back information to her about my change in living expenses.   She told me I could fax her but I don’t have access to a fax machine  but now that I think about it ….My mom can fax things from her  computer…..  Maybe I will call her…. To see if we an expedite this!  Anyway I went through a file I had where I had itemized my budget….  And I realistically need even more finances to   actually live at the bare min. possible!

Here is the budget:  9/10/2012 @4:09pm 

1.            Current HOA fees:  $443.33 each month

2.            Mandatory annual fees for condo are $132.50 each month

3.            Car insurance:   from ($35.00-$50.00) each month so I took a middle figure of $45.00 for budget purposes

4.            Electric:   for ($63.00-$100.00) dollars each month the lower figure represents when I can go without air conditioning it has presently been very warm and the air cost has been loser to $100.00 per month.

5.            Life Lock:   monthly fee ($25.00) necessary to stop more identity theft and until I finish fixing all the issues with the identity theft and resume a stable credit report and credit score.

6.            Free credit Report .com monthly fee ($7.00) necessary for time being until I can finish fixing all the issues with the identity theft and resume a stable credit report and credit score. 

7.            Magic Jack:    for any phone service ($65.00) per year divided by 12 months = ($5.41) per month

8.            Comcast cable:   for internet service (used for all communication and needed for Magic jack phone service) ($40.00 per month)

9.            Property Taxes:   $154.00 per month

10.            Current change and addition:   Past HOA fees to satisfy past debt and to prevent continued foreclosure from HOA ($500.00)

11.          Gas:  I do not travel far from my home as my anxiety an become extremely severe but do try to keep some gas in my car for emergencies ($35.00)

12.          Toiletries and personal products that are not included in food   assistance: (shampoo, soap, toilet paper, tampons, cleaning supplies, laundry detergent) ($ 55.00) 

 Summary:                                                                                                                                                                                   Total Expenses:   $1541.91                                                                                                                                             Total income:  I currently receive   $465.34 payments for SSI which started January 2012.                              The additional payment for the food assistance is $200.00 per month which started in May 2012.  

Thank you for your kind attention to this letter.

Sincerely,

 

Mary Jean Ziska

5632 Whisperwood Blvd. 1601                                                                                                                         &n
bsp;             
Naples Florida 34110 

 

 

 

 

Tuesday September 11th 2012 @8:09am emails sent to ss office to confirm fax number letters budget faxed this morning ss offie

8:01am  September 11, 2012    email sent to main office in social security office  to request fax number  

My mother   sent a fax to this number for the social security office 239-530-3361 she sent  it two times   

I want to confirm the social security fax number  for Naples Florida.  I spoke with a lady Mrs. Kort from the Naples office who told me to fax information concerning a new budget It had my social security  number on it so i want o to confirm the fax number for Naples Florida.   I am concerned since it does not show up on the website…. I had my identity stolen and would hate for my social security number to be stolen again!  thank you  please email the number to whatabtmary@yahoo.com

sincerely

mary jean  ziska

Monday september 10th 2012 @ 10:04pm emai sent to my mother to fax to ss office

Hi  Mom   September 10th 2012 @ 9:43pm
Here is the letter i wrote with the budget. I have literally no ink…
just printed out a blank page so please just fax without my signature
Thanks and let me know when you faxed it and  when it went through so i
can keep notes of when she should have received it. 

I still was really excited to see the difference in price with an equity
line of credit from my bank…. larry and patrick need to clear the 
title of my home so we can get the equity line of credit… and need to
have a continuance for this  “deal”… the woman i spoke with  actually
thought best case senerio is $122.19 or worst case scenario is about
$244.  Of course this is still dependant on  my credit score,  clearing
the title and  my income… which nothing has been fixed sine starting a
guardianship this year…. can you believe I actually first called my
bank  2/06/2012 when i first found out about the option of having a co
guardianship from the Fla statutes 744…. Why didn’t Larry and  Patrick
do anything this entire year to help me?  It is
unforgivable… just so unforgivable!  If i had been employed   through
the courts by the  state of Florida  and had not achieved even one of
the objectives of my job… do you think i would have been fired? or
reprimanded?  If i had someone’s life and  future in my hands and 
failed in every aspect,  ….. well that  is not my  style, i woudl
never have harmed anyone  let alone intentionally harmed them or 
allowed such negligence to  harm anyone let alone anyone who  i was
responsible for helping!  A ruined and wasted entire year of my life i
can never get back … as i said before it is unforgivable!
Luv mary jean ziska

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

monday august 27th 2012@ 12:15pm: informaitonin package sent to lawyers, judges,congressmen,and governor

From: Jim Williams – 0847 [mailto:Jim.Williams@colliersheriff.org]

Sent: Monday, July 02, 2012 10:42 AM

To: whatabtmary@gmail.com

Subject: FW: notify police about complaint for guardian patrick weber

Ms. Ziska…I have forwarded your e-mail to our Financial Crimes Bureau for review…either I or someone from that Bureau will contact you following the review.  Jim Wms

From: invchief@colliersheriff.net [mailto:invchief@colliersheriff.net]

Sent: Monday, July 02, 2012 7:59 AM

To: Jim Williams – 0847

Subject: FW: notify police about complaint for guardian patrick weber

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.  When  researching the Florida bar association  their form for the official complaint enlisted the criteria for actually suing your  attorney:

1.            The claimant    can prove the lawyer owned him a duty  to provide competent legal services.

2.            The lawyer breached his duty

3.            That the breach caused actual damages resulting from his breach

4.            That damages would not have occurred otherwise. 

Is this the same criteria  needed to file a complaint?   I have had Patrick weber as 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 by my condo 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 runs out  in august.   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)  actually allowed the HOA to file a date of sale with the court!  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.     After I received the paperwork with the date of sale for July 18th  I again was upset, cried and tried to reach him.  I was told he has 150 cases to work on , that he has never read any of my emails, and  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 violates  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…. He had told me  to sit and wait,  that his plan had been to not accept service 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.  Due to all the mishandling of my mortgage  I am under the impression that my mortgage was dismissed.  This leaves a very nice condo who has a value of aprox. $350,000 that many people are interest in gaining  ownership to at a very low price.      I cannot prove that he will benefit financially form such an underhanded deal but what I can prove is that he went against my request, my research, 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 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 statutes 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!

Sincerely mary jean ziska                                                                              &n
bsp;                                                         
5632 whisperwood blvd. 1601 naples florida 34110/239-234-4065/whatabtmary@yahoo.com/ www.mysearchforjustice.com / maryjeanziska@mysearchforjustice.com

 

This communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Collier County Sheriff’s Office. If you have received this communication in error, please notify the Collier County Sheriff’s Office by emailing helpdesk@colliersheriff.org quoting the sender and delete the message and any attached documents. the Collier County Sheriff’s Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the colliersheriff domain.

 

 

 

monday august 27th 2012@ 12:13pm: contents of package for kawyers, judges adn congressman and governor

message from Mary jean Ziska august 7th 2012 evening concerning removing my guardianWednesday, August 8, 2012 11:09 AM

From: “mary jean ziska” <whatabtmary@gmail.com>To: LarryPivacek@gmail.comCc: WHATABTMARY@YAHOO.COM

Dear Larry,     August 7th 2012 @ 8:11pm

This email is  from Mary Jean Ziska. You my lawyer concerning my guardianship case.  This email concerns my guardian and my independence. My guardian has not   fulfilled his obligation for protecting my property, my finances and my legal matters as per directed by the courts.  He told me that I needed to keep him as my guardian  this year so that he would assist in  making sure that my home would be safe from  foreclosure, that he would increase my medical disability, that he would help to protect me  or help to rectify the  identity theft, that he would put  in place a loan  from  regions bank  to help pay back the HOA money that  is owed that he would assist in making sure the  fraud  on my mortgage  and the  title for my condo would  be  cleared.

 He has not done  any of that…    in fact when the  foreclosure  on  the condo was dismissed  I was told that he accepted service on the  foreclosure, and does not know how to defend it… and does not have a lawyer in place to assist in defending it… this directly affects my home ownership and  is not in my best interest.   This is not why a guardian is put in place. He even went as far as to  tell  HOA that he would waive the  1 year statute of limitations and there  by accepted the  foreclosure He actually thought it was funny and winked at me! When I was ready to  cry and got upset he  threatened to baker act me  if I didn’t not hut up and sit down  when I told him…. His actions were going to hurt me… and were not in my best interest. And he was supposed to  ask for a continuance ….Not  waive the statute of limitations!  I put in a complaint to the Sheriff’s office which is  what I was told to do when I called the State Attorney’s office  and called the Fla.  Bar Association..

This evening and for the past week I have been threatened that  I need to come up with 4000-  5000.00 or else someone will allow the foreclosure suit to go through… when I mentioned I could  claim bankruptcy….   And the HOA wouldn’t get a dime… I was threatened  again that I  can’t claim bankruptcy… I was threatened that they can just take my home….    because I have to go through Patrick weber and since I  have a guardian…. I have no rights… 

so,  I think I need in writing….  the plans for fixing everything… and how Patrick plans to  carry out all the promises  that haven’t been fulfilled… I want a plan and a date when I can have my independence back….and  how I can go about doing that…. 

I called up the clerk of courts… and they said there is no evidence that a new foreclosure suit had been filed…. Patrick is not returning my phone calls or my emails…  which is pretty bad as far as a guardian  goes….. so I need you to put in writing what is going on… when the last foreclosure was dismissed…  Patrick should not have accepted service on a foreclosure when he did not know how to defend it  nor have anyone set in place to help defend it…lease  make sure he did not…  

do what could  be an action that would  disbar him……I really think it is time after 10 years of hell, of people using and abusing my life  to get my  independence back. My life back and make sure these crazy and messed up people never  use or abuse my life again!  They have ruined every part of my life for 10 years,… that is far too much!  Thank you Mary jean Ziska 

 

 

 

——————————————————————————–

 

monday august 27th 2012@1:08pm contents of package sent to lawyers, judges, congressmen and governor

Re: How do I file Florida Bar Association Complaint against my lawyer?

You can sue your attorney for malpractice if:

The claimant can prove the lawyer owed him a duty to provide competent legal services;

That the lawyer breached this duty;

That the breach caused actual damages resulting from this breach.

That damages would not have occurred otherwise.

You should present any proof of emails he has sent you or correspondence he has written you if it supports the above claims to a new attorney. Good luck with your case.

http://bidsfromlawyers.com

monday august 27th 2012@ 1:05pm contents of package sent to judges, lawyers, congressmen and governor email between marion gregory adn patrick weber… not sent to me at all!

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            marion 239-821-5515

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Fwd: Mary Jean Ziska – Other options??? (From Pat Weber via Mom’s email)

Thursday, July 26, 2012 5:42 PM

From:

“Marion Gregory” <naplesmarion@aol.com>

View contact details

To:

whatabtmary@yahoo.com, whatabtmary@gmail.com, mziska7@gmail.com, MZiska@floridawills.com

Mary Jean, This is the email I told you about form Pat. This is very serious!  How much money can you come up with?  This might be a solution as I cannot borrow any money as I thought I could and neither can you. How much money do you have on and around you?  If you come back with an answer that you have nothing I know that is not the truth and then you can just say good-bye to your condo!   This is very serious!!!!

 

I love you!

 

Mom

 

Love,

 

Mom

 

 

—–Original Message—–

From: Patrick C. Weber, Esq. <colliercountypg@aol.com>

To: naplesmarion <naplesmarion@aol.com>; larrypivacek <larrypivacek@gmail.com>; MZiska <MZiska@floridawills.com>; ejziska <ejziska@gmail.com>; mziska7 <mziska7@gmail.com>

Sent: Thu, Jul 26, 2012 10:07 am

Subject: Re: Mary Jean Ziska – Other options???

 

I do not have a Notice yet, but I believe there will be a hearing on Aug. 6th for the Extension Of Time To File An Answer. I know that is the date that is being requested. I am following up with Legal Aid this week to see if we can obtain an attorney before this hearing. I do not know if the HOA would be willing to work out a payment plan, but I would think that they will require some type of lump sum down payment in order to make it work. I have not approached their attorney on this type of a settlement but I will do so if you can give me some numbers that I can present to them, such as how much down and then what the payments would be. I will keep you in the loop as to any new developments.

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

monday august 27th 2012 @ 1:01pm contentsz of package sent to lawyers, judges, congressmen and governor letter to patrick on his failure as my guardian

To whom it may concern:

I have been writing emails and sending attachments to you via your office concerning my  life and my guardian ship case  that has been in your control since 2006.  I was informed that you have 150 cases and are not reading my emails or my research or my attachments  regarding my life, the decisions you are making with my life, and the pending case involving the HOA fees and foreclosure suit by the Strand and Cypress Cove and the pending  case for a guardian. 

I see that this as very unfortunate.  The fact that as my guardian, you are being held accountable by the courts to fulfill my wishes and make sure that the best possible outcome is achieved.  I do not feel that you are   able to fulfill the duties of a guardian  in the best possible manner  when you do not actually read any of my correspondence, are aware of any of the research  I have done concerning  the fraudulent practices  involved in my mortgages, and when you do not seem concerned with assisting to clear  the title, get the  loan you promised from the bank that was supposed to be your friends bank, make a settlement  with the HOA, increase the  medical disability, help to remedy the identity theft and  increase my  credit rating, help to stop  and prosecute any of the crimes that have occurred before and since you were  my guardian.    

To briefly reiterate  all the emails and  research concerning your promises:

A-assisting to clear my identity theft and the continuing problems with my credit report/credit score  because of the identity theft 

B-  obtaining a clear and free  title for my condo,

C- the increase for my medical disability   

D.-the loan for the HOA fees to pay decreased,  payment  settlement 

E-represent or get a lawyer to represent me in defending  the foreclosure suit by the HOA  

F-. prosecute or least stop criminals/crimes that have harmed my life

  1. I told you months ago about the  fraudulent practices  that were on my credit report  I have been writing letters and emails  to eradicate  the fraudulent accounts on my credit report. I have been able to eliminate the  double capitol one accounts, the double t-mobile accounts,  the double Columbia house  dvd  purchasing accounts but I still show (as of today August 14th 2012 ) It is still a mess pertaining to mortgage accounts on my credit report.  In Transunion I have an $831,377.00 debt that is supposed to be for my one condo with a few mortgages on it.  I have a $500,303.00 debt for Equifax and I have a $497,547.00 debt showing for Experin.  All of these amounts  aresupposed to be real estate debt for my one condo in Naples  5632 whisperwood blvd,. 1601 naples florida 34110.   As far as I am aware nothing has been done in this matter.
  2. I have emailed you concerning the fraud  by  aegis, by david j stern for residential funding, by  practically all the mortgages/  banks and brokers involved in my  mortgages.  I have emailed you articles and documentation  to use to assit in clearing my title, and in making sure my condo has no mortgage  is documented as  absolved so that an equity line of credit can be used to  pay the HOA. As far as I am aware nothing has been done  in regards to this matter.
  3. I had written you  as far back as 2011 requesting you get a co guardianship as a bank,,,,my bank  to assit in financial matters as is an option and documented in the Florida statutes. 744.This option would have led to an easier method for obtaining that equity line of credit you  promised to obtain.   As far as I am aware, nothing was done in regards to this matter.
  4. We discussed  that you would be able to petition the courts for an increase in  my medical disability that would assist in the  payment for the  HOA. As far as I am  aware nothing was done on this matter.

     

monday august 27th 2012 @ 12:58pm contents sent to lawyers, judges, congressmanand governor email to larry requesting new guardian

Dear Larry,     August 7th 2012 @ 8:11pm

This email is  from Mary Jean Ziska. You  are my lawyer concerning my guardianship case.  This email concerns my guardian and my independence. My guardian has not   fulfilled his obligation for protecting my property, my finances and my legal matters as per directed by the courts.  He told me that I needed to keep him as my guardian  this year so that he would assist in  making sure that my home would be safe from  foreclosure, that he would increase my medical disability, that he would help to protect me  or help to rectify the  identity theft, that he would put  in place a loan  from  regions bank  to help pay back the HOA money that  is owed that he would assist in making sure the  fraud  on my mortgage  and the  title for my condo would  be  cleared. 

 

He has not done  any of that…    in fact when the  foreclosure  on  the condo was dismissed  I was told that he accepted service on the  foreclosure, and does not know how to defend it… and does not have a lawyer in place to assist in defending it… this directly affects my home ownership and  is not in my best interest.   This is not why a guardian is put in place. He even went as far as to  tell  HOA that he would waive the  1 year statute of limitations and there  by accepted the  foreclosure He actually thought it was funny and winked at me! When I was ready to  cry and got upset he  threatened to baker act me  if I didn’t not hut up and sit down  when I told him…. His actions were going to hurt me… and were not in my best interest. And he was supposed to  ask for a continuance ….Not  waive the statute of limitations!  I put in a complaint to the Sheriffs office which is  what I was told to do when I called the State Attorney’s office  and called the Fla.  Bar Association..

This evening and for the past week I have been threatened that  I need to come up with 4000-  5000.00 or else someone will allow the foreclosure suit to go through… when I mentioned I could  claim bankruptcy….   And the HOA wouldn’t get a dime… I was threatened  again that I  can’t claim bankruptcy… I was threatened that they can just take my home….    because I have to go through Patrick weber and since I  have a guardian…. I have no rights… 

 

so,  I think I need in writing….  the plans for fixing everything… and how Patrick plans to  carry out all the promises  that haven’t been fulfilled… I want a plan and a date when I can have my independence back….and  how I can go about doing that…. 

 

I called up the clerk of courts… and they said there is no evidence that a new foreclosure suit had been filed…. Patrick is not returning my phone calls or my emails…  which is pretty bad as far as a guardian  goes….. so I need you to put in writing what is going on… when the last foreclosure was dismissed…  Patrick should not have accepted service on a foreclosure when he did not know how to defend it  nor have anyone set in place to help defend it…lease  make sure he did not…  

do what could  be an action that would  disbar him……I really think it is time after 10 years of hell, of people using and abusing my life  to get my  independence back. My life back and make sure these crazy and messed up people never  use or abuse my life again!  They have ruined everypart of my life for 10 years,… that is far too much!  Thank you mary jean Ziska 

monday august 27th 2012 at 12:55pm contents for package sent to judges, lawyers adn congressmenand governor email to gain transcript of court case i was not told about

To whom it may concern:       August 8th 2012 11:20am

I am Mary Jean Ziska.  My lawyer /guardian is  Patrick Weber.  He  failed to tell me  there would be a hearing  in the courthouse for case involving my HOA dues and a foreclosure  case that I could have attended. Clerks case number 0703121cc.  I need to get a transcript of the court proceedings  as he has not  informed me of  the progress of the case nor the results of the case.  I was told by my mother that  there was a settlement  discussed….. that I needed to come up with money…. But I have not been made privy of the information. I see on the case that there is a 20 day extension… but does that include weekends? Or weekdays… and twenty days to do what?  He  was supposed to ask for an extension to  get a qualified lawyer involved as he himself told me he does not know  how to  defend the foreclosure he accepted on my behalf! As a guardian, he fails miserable to protect my interests and my home!   When I am looking at the cases involved, the last item I see for the foreclosure of my condo was that the sale for the foreclosure was cancelled on 7/18/2012 due to order cancelling foreclosure sale.  Then  there is an extension of time to answer complaint it looks like it is by me ( mary jean Ziska) …. I Please send me  information on how I can gain access to the transcripts  as I want to make sure that that Fla. Bar Association is well aware of the proceedings!

Thank you for your kind attention to this email.

 Mary Jean Ziska

My case is:  07-03-121cc

Last docket date is: 08/06/2012

Please send me transcripts of case on:

 8/06/2012(  motion for extension of time granted-  20 days)

6/22/2012( confirmation email by GCBR)

7/18/2012( motion for extension of time to answer complaint by Ziska, mary jean )      

Cases were heard by judge murphy