Monthly Archives: September 2012

monday august 27th 2012 at 12:53pm informaiton sent in packge to judges, congressman and lawyers email sent concerning last day for repose

To whom it may concern:    

I called judge murphy’s office at1:31pm 7/20/2012 spoke with lin his assistant to ask about the continuance that should have been filed for the foreclosure suit that Patrick Weber  went against  any advice and actually accepted service  when he has no clue or ability  on how to defend… due to his irresponsible actions… now everything is a mess…..

To backtrack… Patrick Weber  who was assigned my guardian in 2006 did  accept service on a foreclosure suit by the HOA associaton…   the last time I actually saw him, he was supposed to ask for a continuance  on the suit since:  1.- the  need for a guardian had not even been resolved… 2.- he said he did not know how to  defend a foreclosure suit and  did not have any competent legal representation in place for the defending or mediation of the HOA foreclosure suit, 3-   he did  not even  make me aware of the  court hearing where he accepted service on the suit…  so I was not present   when he made that mistake…..

Since he has no  experience or knowledge of how to defend a foreclosure suit.. nor does he have anyone  who  he had lined up to actually work pro bono… to defend the foreclosure suit he accepted…. I was told he turned to the legal aid office …. he turned to legal aid… but  was not able to  obtain any legal counsel though that agency as far as I was ever told!   I myself had to call to find out this information… and to find out  that the paralegal from legal aid…. Not an actual lawyer…. who  supposed to be finding a lawyer …  had submitted a motion…(?) 

I was told,  that judge murphys office had no-record of this motion ( according to lin..  the assistant to judge murphy’s office)

that the clerk of courts said he(?)  was supposed to have submitted an “order”  which was never received.. so that a continuance can be filed… today is the last day….  at it is now 1:31pm and the clerk of courts office closes by 5pm…

of course jeff( the person who was supposed to be the lawyer retained from legal aid)  isn’t actually at lunch ….. he is on vacation…. as the temporary secretary said ( his name by the way was supposed to be edward esponsia… and was horrid to deal with an gave me the incorrect information… that Jeff was at lunch and told me to leave a message and then to call back…. And call back I did at least 3-5 times  to see if jeff was back from lunch…. Before  Edward esponsia told me he was on vacation not out to lunch!  Sheesh…. I don’t  know if he  lied because he was just being mean or he really didn’t know his information…. But he was horrid to deal  with ….    talk about incompetence… anyway….

 the manager of legal aid carol O’Callaghan is supposed to call me to file the order or motion… or whatever the hell…..THEY  are supposed to be doing on my behalf…. need I mention.. all of this unnecessary stress..  all thanks to the ”winking”  Patrick  weber… who  accepted a  foreclosure suit  when he does not know how to defend it..,,, and was even going to waive the statute of limitations.. so it would be easier on the HOA people… who the hell is he supposed to be helping me or the HOA????

Horrible Fri.  the  20th of july…. 2012….  and  the really  unjust  part of all of this.. is I cannot do anything on my own behalf… because Patrick weber is supposed to be the one  helping.. he is supposed to be in charge of legal matters and assisting with legal matters…..  when all he has been doing is hurting….. my home ownership.. i don’t understand why? Doesn’t  he actually take an oath as a lawyer?.. or as a guardian?….  HELP luv,      mary jean ziska

phone call notation:  july 20 2012   WHAT A MESS!

called and left message on patrick webers answer system started this email message since he does not answer my phone message and does not  answer the phone…  or call to tell me what the hell he is soing  on my behalf… as my guardian….  

called judeg murphy’s office ( 1:31pm )spoke with lin ( hard to hear but from what she told me no motion for a continuance was received in their office…. so 

called clerk of courts  spoke with sue… she transferred me to susan in foreclosure department she told me that a motion was filed on Wednesday but no order had been issued or received… so nothing was available in the clerk of courts website verifying that a continuance had been  issued 

 called legal aid… left message  with Jeff voice mail as per direction of the secretary who was answering the phone…. I found out late his name was  Edward esponsia  I also found out even though he was rude to me on the phone… he told me he was French Canadian and spoke 5 languages… but was very hard to understand in English.. perhaps that is why when he told me to call back after Jeff returned from lunch… he forgot to mention that Jeff was on vacation…not out to lunch so most probably jeff would not be answering my phone message….  that bit of information I also later found out after  about 5 calls to the same office…

Called legal aid again.. 154PM /2:05PM  2:10PM tried to leave message with  edward spanosia   receptionist. FINALLY HE SAID THAT carol  O’Callaghan or Callahan.. as I mentioned he was really hard to understand… would call me back  to tell me  the status of jeff…

called my mom at home and on her cell… to tell her what a mess this has all become…

at 2:52pm unable to still reach jeff   I received a call from carol  telling me that jeff was unable to find legal representation for the HOA case… that he was  indeed on vacation.. and that even though he was able to be a layer he was not licensed in Florida and so did not  do any legal work so the information I had received that he( Jeff had filed ) paperwork on my behalf was false… that I needed to contact my guardian /lawyer Patrick weber… and find out the status of the pending suit …. The repose for the suit the actual deadline was today! I was told to call and I could set up an appointment to meet with him or just call him next week when he was to return….  But not to just stop by since he may not be available … also the  office was located off Lakewood and 41…. 4125 tamiami tra
il….

Again I called Patrick Webers  office and left a message on his voicemail..

 then I called Judge murphy’s office… lin said that judge murphy needed to file the order for  continuance.. in this case there should be a dismissal…. But since Patrick weber has really screwed up everything….  Lin told me that    they had still  not received the motion that supposedly been filed on Wednesday….

So I again called the  clerk of courts… and this time spoke with Jena…. In the foreclosure department…. Jena did not know the difference between a continuance and an extension…  my understanding is that  the words are  synonymous  …. (they mean basically the same thing,,,, anyway….. she said that my lawyer needed to  file both a motion for continuance and an order…. Which is a contradiction of what lin from judge murphy’s office said….  

Who actually will give me the correct answer of what needs to be done?

Anyway… someone is really screwing up….. I MEAN REALLY SCREWING UP!  PATRICK  WEBER NOW HAS A TOTAL OF ONE HOUR TO RESPOND TO THE FORECLOSRE SUIT… ONE FUCKING HOUR!  

 

 

 

 

 

 

monday august 27th 2012@ 12:26pm: documentation sent to judges, lawyers,congressmen and governor email sent to guardianship association ial

Email sent to guardianship association:

my guardian Patrick weber has accepted  service on a foreclosure for my home. He doesn’t know how to defend the foreclosure suit, he has no one hired who can defend it.. he is making deals and going to court cases without even telling me about them. I am being bullied and told he is making a deal for 5000.00 down and 500.00 a month to pay the HOA when i only get 465 in medical disability… These people are crooks and  criminals and i don’t have the power to stop them. I have submitted complaints to have him removed as my guardian to the police, then told me i needed to contact Tallahassee  I am trying to contact everyone possible HELP! He accepted service on the foreclosure a few weeks before the statute of limitations ran out.. and I think he has been  staying my guardian so he will get paid by the state. He has not helped in any instance. I had my identity stolen in 2002, my credit ruined, and my life ruined after bullies and criminals destroyed everything causing me to have a nervous breakdown and thus the need for a limited guardianship.  he said he would help to make sure my title was clear so i could get an equity line of credit to pay the HOA, he said he would increase my medical disability, he said he would help to  clear up my credit problems, prosecute bullies, and so much more… he has done nothing..i was told he has 150 cases, he doesn’t read my emails, doesn’t look at any of the research i did on my mortgage, doesn’t return phone calls, or even tell me about court cases!  He tried to tell the judge that he would waive the statute of limitations to allow the  HOA to foreclose at a later date, he told  me he would backer act me when i objected to him accepting the foreclosure on my home… when he was supposed to ask for a continuance!  It’s as if he purposely wants me to lose my home! i need your  help immediately to rectify this situation, I  keep being bullied that I only have two weeks for him to respond to the foreclosure suit he accepted that he did not have any legal knowledge on how to defend nor had any legal lawyer help…. this is really a mess help! Sincerely mary jean ziska        

monday august 27th 2012@ 12:18pm: inofrmation from package sent to judges,lawyers, congressmen, governor

— On Mon, 8/6/12, mary jean ziska <whatabtmary@yahoo.com> wrote:

From: mary jean ziska <whatabtmary@yahoo.com>Subject: hi patrick haven’t heard anything from you on your plan do you even have a plan? email from mary jean ziskaTo: “patrick weber guardian” <colliercountypg@aol.com>, “larry pivacek guardianship lawyer” <larrypivacek@gmail.com>

Cc: “mary jean ziska” <whatabtmary@yahoo.com>

Date: Monday, August 6, 2012, 12:28 AM

Hi Patrick,      August 5Th 2012  @ 11:52pm

I emailed you last year concerning    having a co- guardian as a bank… to help  facilitate the bank loan  to settle this HOAR case and not  have to have a foreclosure suit  to deal with… .. I’m assuming since you didn’t look into that option, nor help to raise my medical disability payments .. to assist with payments…  nor  help  to clear the title…. for a Clean  equity line of  credit…. well I’m assuming you have a really great plan that must be better than any of those right?    I mean this is my life…. you do understand that right? my life that has been ruined…  my home that is threatened to be lost…     

I keep getting hassled about this large  lump sum to  pay????? what the  hell is that about?… if i had this large lump sum don’t  you think it would be better used to pay a  real lawyer who is familiar with  dealing in  HOA cases and in foreclosure cases…. since you took it upon your self   to  accept the foreclosure on my home when you had no idea how to defend it nor had anyone  lined up to help  defend it…. and accepting the  foreclosure suit two weeks before the full year was up which would  have allowed the statute of limitations to run out… I m really curious…  why did you decide to do that? That wasn’t the strategy  when john cardillo was  my lawyer… or when you were my guardian for  this past year… not at all what was discussed…. in those brief moments i saw you before court….  it definitely took me by surprise….   

I don’t  understand your strategy….  do you want me to lose my home? is that the plan  you have for my life these days?because so far….  having you as my guardian has only  allowed to have food stamps.. which has helped so thank you… but you said i needed to have the medical disability  raised to show income for the HOA?…. and if you had increased the medical disability… that  was supposed to  be for the benefit of fixing this  HOA . right? .. isn’t that what you have helped to provide?   but what happened to you helping increase the medical disability ?  Did you forget? 

There still have not been three evaluations… for even the need for a guardian any more…   everything is still up in the air and still a mess isn’t  it?  what is your  plan now?   with you not answering my emails .. or calls or even emailing me concerning  my life…   how  am i supposed to even know about the  court dates? .. aren’t you supposed to be communicating  to me about  these things?  I thought legally you were actually obligated…. obligated… as per Fla statutes 744 right?…. 

 what is your strategy?  I have $ 200.00 for your lump sum…. payment…. that is it!   

i had to replace the microwave.. the dryer.. have the ac fixed… and  still pay my bills and get groceries up until a few months ago… i  had $1000.00 dollars stolen from  felony Fred…. ( that roommate my mom suggested… that i kicked out… )  so maybe if you and her can find him and he is not dealing drugs  from Iran… or committing any  other crimes…  you can get that money from him….  or  ein stein who was the  crook who  borrowed $3000.00 from a refinancing of   aegis mortgage… 

speaking of ein stein…  because of him…  all the fraud… … involved in that mortgage.. and David stern being involved  in  all  the  issues with my mortgage…  the mortgage  should  have been forgiven or dismissed …. which would  have given a clean title and an easy method for the  equity  line of credit… even if my  credit score was low because of the identity theft.. starting  in 2002…. 

speaking of low credit score…   i thought  you were going  to help fix  some of  that as well?  which also would have been easier to get a loan… to pay the HOA…. I have no debt… but  I do have a few items that still need to be removed   along with  the rest of the fraudulent accounts… but i have  but i have been working on that since august 2011…. A 5,000.00 charge from my nervous breakdown…  that i waned to sue Karen kahel and the  others involved in the  bulling  and  harassment but of course since you handle  legal matters right now…  we would  have to figure  out what to do concerning the  the case intentional emotional harassment, distress and anxiety caused by these horrid people… 

well let me know  your  plan otherwise there is bankruptcy.. then the HOA gets nothing…it would  of course ruin  my life for another 7 years.. but so far 10 years of my lie completely ruined…   after the  identify theft.. the actual  theft  the nervous breakdown  caused by Karen kahel and the other bullies….  and all the hell I’ve been through…  that I should have never had to go through.. EVER….   I just wish  i had been shot and killed at 25 instead of my cousin. Nancy.. she i guess is the lucky  one… If I had been murdered instead of her…   I   would have never met any thieving, lying, stealing  .. life ruining… horrible people … let alone ten years of  criminals ruining my life… my credit… my hopes and dreams…  &n
bsp;

so are you going  to let me in  on your plan for my life? Scott ( my one and  pretty much only friend these days… ) says to believe in God..that everything will turn out alright….   but so far 4 years  of prayers to st Jude ( the patron saint of the impossible… ) I have been praying  for a huge financial miracle and for protection  from harm….  but no answered prayers… yet….  

there is no reason for me to lose my home …. this should have all been fixed over a year ago… and you could  have been off the hook for being my guardian.. you told  me  i needed to keep you as my guardian so that i could  have the legal representation  and  your  influence and assistance…   so while you get paid to be my guardian .. for this year… from the  state… it looks like  the situation is even worse…   right?

in  accepting the  foreclosure suit .. with out  any legal representation….. even any  waiting to help?  and the guy who was trying  to get legal representation.. going on vacation?   i don’t  understand what the plan was then?…. or now?  

but  to me….so far,  it seems to be even more  messed up….

but I’m sure you have this great strategy… plan.. right?… i mean you wouldn’t do any of this without a plan  that would  actually help me instead of hurt me right?                                                                                  i mean you are the guardian… the  person entrusted to help…. actually legally obligated to help right? 

let me know what you are  doing?… I have done all I can…. all  the the  research on the  mortgages ( sent you emails   as far back as a year ago…. )  on the co- guardianship  from a bank…also  emails sent  almost a year ago….  on   the statute of limitations… on the  HOA… on the status of my mortgages… the fraud by the  mortgage brokers….  do you still have that informatin or do i need to send it to you again…. you did read the emails i sent even though you didn’t respond right?

Is there anything more i need to do ?  

Thanks, Mary jean ziska    

A Tender Loving Care Service

Marion Gregory   Director 239-598-1515 begin_of_the_skype_highlighting FREE 239-598-1515 end_of_the_skype_highlightingnaplesmarion@aol.com

Mary Jean Ziska   Assistant Director 239-234-4065 begin_of_the_skype_highlighting FREE 239-234-4065 end_of_the_skype_highlightingwhatabtmary@yahoo.com 

 

 

ReplyReply AllMove…all saved draftsuntitledGo to Previous message | Go to Next message | Back to Messages     Select Message EncodingASCII (ASCII)Greek (ISO-8859-7)Greek (Windows-1253)Latin-10 (ISO-8859-16)Latin-3 (ISO-8859-3)Latin-6 (ISO-8859-10)Latin-7 (ISO-8859-13)Latin-8 (ISO-8859-14)Latin-9 (ISO-8859-15)W. European (850)W. European (CP858)W. European (HPROMAN8)W. European (MACROMAN8)W. European (Windows-1252)Armenia (ARMSCII-8)Baltic Rim (ISO-8859-4)Baltic Rim (WINDOWS-1257)Cyrillic (866)Cyrillic (ISO-8859-5)Cyrillic (KOI8-R)Cyrillic (KOI8-RU)Cyrillic (KOI8-T)Cyrillic (KOI8-U)Cyrillic (WINDOWS-1251)Latin-2 (852)Latin-2 (ISO-8859-2)Latin-2 (WINDOWS-1250)Turkish (ISO-8859-9)Turkish (WINDOWS-1254)Arabic (ISO-8859-6, ASMO-708)Arabic (WINDOWS-1256)Hebrew (856)Hebrew (862)Hebrew (WINDOWS-1255)Chinese Simplified (GB-2312-80)Chinese Simplified (GB18030)Chinese Simplified (HZ-GB-2312)Chinese Simplified (ISO-2022-CN)Chinese Simplified (WINDOWS-936)Chinese Trad.-Hong Kong (BIG5-HKSCS)Chinese Traditional (BIG5)Chinese Traditional (EUC-TW)Japanese (SHIFT_JIS)Japanese (EUC-JP)Japanese (ISO-2022-JP)Korean (ISO-2022-KR)Korean (EUC-KR)Thai (TIS-620-2533)Thai (WINDOWS-874)Vietnamese (TCVN-5712)Vietnamese (VISCII)Vietnamese (WINDOWS-1258)Unicode (UTF-7)Unicode (UTF-8)Unicode (UTF-16)Unicode (UTF-32)| Full Headers Reply Reply All Forward Forward 

 

monday august 27th 2012@ 1:23pm contents fo package sent to lawyers, judges congressmen and governor emails to larry

Hi larry,     August 23rd 2012 @ 9:18pm

 

Replying to your email…. I was chatting with magic jack for three hours to try to see what  was  going on with my phone….   But I don’t think anything is really fixed… nothing in my life  is yet…  I have emailed the probate court to get rid of Patrick as nothing is fixed  they told me they have forwarded the emails to the judges and  to  lawyers.  I think you may have been contacted as well…. 

You mention that you do not have anything to do with the foreclosure.. you mention every time…you mail me  so I really understand that. But this guardian is not doing what he is supposed to do… nothing is fixed    if you did not receive the e-mail  that I sent to the  probate court, to the judges to the  guardianship association,   to anyone who would listen or could help. Let me know…I’ll send it  to you again!  there is a list of what was supposed to be done   by my guardian pursuant to the Florida statutes 744 , and by what he had told me was his “action plan”   you know…. he was supposed to file  what he was supposed to  do his plan of action… to the courts… and be held accountable…someone needs to be held accountable! …. And you have to  be in charge of something? … what? I’m a bit confused?…. If the guardian isn’t doing what he is supposed to be doing …. isn’t that  where you come in as legal representation on my behalf?  Well here is your chance..  everything is still messed up… and even more messed up… what are my options? Thanks mary jean Ziska  

 

From: Lawrence Pivacek [mailto:larrypivacek@gmail.com]

Sent: Friday, August 17, 2012 2:52 PM

To: mary jean ziska

Subject: Re: email to larry from mary jean ziska august 16th 2012 at 4 37 pm

 

Dear Mary Jean

 

I apologize for you not bring able to reach me.

 

I have tried to both call you and E-Mail you in response.

 

I did receiver a voicemail from you yesterday but the message was unclear, full of static and broke up after 10 seconds.

 

As I have said in the past, I do not represent you in the foreclosure action.

 

Please respond to this E-Mail so that I know you received it.

 

I hope to hear from you soon.

 

Larry

 

Sent from my iPhone

 

On Aug 17, 2012, at 1:00 PM, “mary jean ziska” <whatabtmary@gmail.com> wrote:

Larry              August 16, 2012  at 4:44ppm

 I keep  trying to call you but get a  really loud buzzing sound … can you hear me when I call?… can you email me?… What the hell is going on? .. I called Elizabeth kriers office today to  tell her about this horrid deal  that Patrick made with  the HOA Is this true?…….. $5000.00  down and $500.00 a month???????? I cannot afford that! ..  the  $500.00 a month payments  are  more than  I get for medical disability….(which he did not  help to raise!). How am I supposed to  make up the difference, and pay electric, or car insurance..  or gas…. Or even tampons????????????????????????????????????????????????????????????????????????????

If  I had $5000.00 then wouldn’t it be better to get a  real lawyer to defend the foreclosure?… and  to clear the title on my condo?… 

 

Today I was bullied on the phone to the point of throwing up!…..I have idiots on the phone who want to sell my car for less than  it is worth.. someone wants my mom ‘s silver or her Picasso… those are my inheritance.. and this is the wrong deal!  Nothing has been fixed….. . the identity theft and  credit problems  and  everything is still  a mess…. Can I get a real guardian?… who actually has my best interest  at heart?  When I called Elizabeth Kriers office  some woman  told me that  your wife is in charge of  the  foreclosure case  now…is that true? or just another lie I keep being told to upset me….

 

Aren’t  those  opposing sides?…. If you are my guardianship  lawyer representing me when my guardian is making horrendous decisions about my life concerning  the foreclosure…. .and she is making decisions about the foreclosure… isn’t that a conflict of interest?  Please email me back and clear this up thanks mary jean Ziska  ( why in the Florida Bar  member search  is your  email listed as the aol address? )  

 

The email below is what I just sent to the probate  court. Since the probate court is in  charge of  regulating  and punishing the guardianship and the guardians… I guess this is my only means  of justice…… at least this will all be in the court record that  I am  very unhappy with  what is going  on … if I didn’t know any better I  would think I  was still stuck with the criminals  who have been  ruining my life…..for  the past 10 years….. 

 

To Whom it may concern:     August 16th 2012 @ 3:22pm

Patrick Weber is the guardian of Mary Jean Ziska. It is a limited guardianship restricted for only his assistance in financial and legal matters.    I have been trying to report his misconduct and to have him replaced since May or June of this year. I have emailed Patrick weber himself, contacted his office,  the sheriff and police department, the Florida Guardianship Association, my guardianship attorney Larry Pivacek  and  even contacted the Florida Bar Association  to reveal his misconduct! 

 

His direct actions have harmed me, my home ownership and  violated my rights  instead of helping.  His  neglect in assisting me with the issues he was entrusted/obligated  by the  courts to remedy  have also  affected my life.  When he was first assigned my guardian last year  he was  so assigned to assist in legal matters concerning the  HOA foreclosure suit that was  d
irected to me instead of to my  guardian.  He did not know how to defend a foreclosure suit and one of his main objectives was to obtain competent council on my behalf, He never got a lawyer or any legal counsel to assist in the foreclosure suit.  Another objective  he had was to raise the payment of my medical disability benefits to assist in the repayment of any settlement for the HOA. He did not do anything toward an increase.   A third objective he told me he would assist with is in  clearing mu an identity theft  that started in 2002 to not only increase  my  credit score but to stop any additional fraudulent  activity from occurring.  He did  not do anything  to remedy the identity theft, or  to  assist in removing fraudulent  accounts from my  credit report.  He also said he had a friend  and connections  with Regions bank to allow for an equity line e of credit  to also pay back any  amount  to the HOA.  I actually told him of another  option I found in the Florida Statutes 744.309 where a “trust company, state bank, national bank or a federal savings and loan may be a guardian “   I had asked him to check into this option  and to have my Wels Faro bank as a co- guardian to assist with  the equity line of credit,  to set up a direct payment  to the HOA.   He did not even ask the court for this option or follow up  on the  phone numbers and department personnel  I gave him  that I had received from the manager of my bank.  When we first met he  also told me that he would assist in clearing my condo title as it should be clear  and there should be no mortgage on my condo due to  the criminals and  continued fraud  by numerous “robo signing” companies that need to be cleared off my title! He didn’t even get a forensic audit completed!   I was told he has 250 cases and was too busy to take my phone calls or my emails,  and never notified me of  court cases  where  I might  actually be present in court.  Recently, when I was in court  with  Patrick weber,  he tried to waive the state of limitations  to allow  for the  condo association to  continue the foreclosure proceedings  after the statute of limitations  had run out… this was defiantly NOT in my best inters or a way  to defend  a foreclosure suit!   In fact when I told him he couldn’t do that…  he threatened to have e backer acted for standing up for my rights!   When I did nothing wrong,!  But  tell him his actions were going to  harm me and my home ownership!  I even sent him a 48 page document  listing  the Florida Statutes of limitations regulations!  Of course I received no response…. Most recently I have been bullied including today to the pint of throwing up by people telling me that  a settlement was made without my knowledge or my agreement for  the HOA.  This settlement  I am being told is not what I can afford… in fact as my guardian, Patrick weber should know that I receive less than $ 500.00  a month payment for medical disability  let alone  have $5000.00 to put down as a lump sum to pay.  This agreement is completely different than the  equity line of credit he was supposed to get with a $100.00 payment!   How am I supposed to pay my electric… or car insurance.. or tampons for that matter!   This is a grievous  situation…. If I lose my home due to a deal he made that I had no knowledge of.. or cannot afford….  This is terrible….. I was even bullied and  threated that  I was to sell  my car…. When  it would be against the law as it would have had to be ordered by a judge or approved by a judge, for  anyone especially on behalf of a guardian,  to sell my possessions  for such an outlandish settlement!   I believe that he is committing a fraud against the court,  and against me as his ward,  by not  following through with any the areas he was supposed to be entrusted  in helping… and instead is harming me and my homeownership!  The fraud against the court is his assistance of continuing to be my guardian and be paid by the court  even though the was doing nothing  on my behalf to remedy  and to  rectify any of the  situations  that destroyed my life and caused a nervous breakdown  which  caused me to need that guardian in the first place!..  

Please Help….. This  needs to stop …. I don’t  know  if you can get  me a better guardian, or  real legal representation ….. but this is not working!  No one is listening to me…. No one is helping! Sincerely, Mary Jean Ziska   5632 Whisperwood Blvd. 1601 Naples Florida, 34110   whatabtmry@yahoo.com, whatabtmary@gmail.com, www.mysearchforjustice.com  maryjeanziska@mysearchforjustice.com

 

Ps

 He never returns phone calls or rarely emails me as to the status of  the foreclosure or anything else he was to  assist in fixing…   but instead emails my mother. This alone is a direct violation of my ability to  protect my freedoms and to make informed decisions….   

 

 

 

 

 

 

                                                                                                                                  &n
bsp;                                      

monday august 27th 2012 @ 1:27pm email to sheriff department august 23rd 2012 alex noveck and karne kahel

cid@colliersheriff.net

It is now 5:15pm on August 23rd 2012, my name is mary jean Ziska and since your office is closed I am  emailing you concerning  the group of identity thieving conartist that have hurt my life since 2003!   I just reported to the attorney generals  office  the three past scams that I have had to endure. One with a conartists who  said he was with sears, one with  empire today contractor, and one with  a Comcast account.  Al of these have happened  since march of  this year and I believe  it is the same people and the same monetary  motivated scam.  Oh I had  had a man who became my roommate  who told  me he was with the FBI… then changed his story  to say he was an informant with the  FBI…. Then I had Audry martin(his probation officer)  came  by to tell me he was actually on probation  for drug dealing!  His name was( farzad khosravi) .  I also had a roommate who was supposed to be a student from duke here on an internship named (casey dunn).     I now have a suspicion that he may have just been a friend of “felony fred” and not the actual real casey dunn at  all!    

One of the  con-artist scams they tried to pull on me was with a man who claimed to be from  Empire today and  he said his name was Alex Novak and was driving a blue Saab. ( I recently saw the same gentleman in a lime green jeep  twice with a girl who had white blond hair similar to   Karen Kahel a girl who tormented and bullied me and used to trespass into the strand….ever  since  I babysat for her in Carlton lakes while  she was  having an affair with  someone in 2005.    

I reported to empire today, to the  better business bureau and to the scam hotline of the attorney Generals office and to the state Attorney’s Office the same incident,  A man who came to my home  to allegedly do a presentation on selling empire today wood flooring.  He was already at my home  when I returned for the appointment.  The guard at the guard  gate said that no one from empire today had come in through the guard  gate for me yet… this is the first odd occurrence since he was already in my driveway.   The next odd thing he said with his New York accent was that  if I didn’t want to spend at least $4000.00 then he was going  to leave.  I told him to leave   because I didn’t know what the estimate would be… but since it was supposed to be  a special offered of buy one room and get one room free   I didn’t think that two bedrooms would cost that much. 

Long story short, he wasn’t even going to measure  had me read the estimate sheet….and the told me the  dark color I had chosen ( that was my preference) …. Wasn’t what he wanted but it will do… ( later I thought  of this and I think  his overpriced estimate of $7000.00 was to pad  the cost or to get extra products under my name  that he would later steal…. To use for himself… that is why he  was pushing for a brazilian rosewood…. Instead of the dark color I knew I wanted…. Also,  he reminded  me of the con-artist  Gerard Ahler who was from Brooklyn New York  and owned pro line contracting  and I did faux painting  on his sister Christine Martucci’s home in Marco Island in 2003.

I saw him with a white haired girl  in a lime colored jeep  …. In my complex and I know I saw that jeep (there can’t be that many of them…. In Naples about three doors down just two  days ago )…..  The girl in the passenger side of the car…. With white blond hair may have been the same girl Karen kahel  who had bullied and  tormented me since 2005. I didn’t; get  a good look at her, but  If so, they are then  the same working team… family or group that have been  stealing from me and my  family  since 2002….   

monday august 27th 2012 @ 1:32pm contents in package sentto congressmen, judges , lawyers, governor

information and definations for patrick weber from mary jean ziskaFriday, May 25, 2012 10:56 AM

From: “mary jean ziska” <whatabtmary@yahoo.com>To: “patrick weber guardian” <colliercountypg@aol.com>, “larry pivacek guardianship lawyer” <larrypivacek@gmail.com>Cc: “mary jean ziska” <whatabtmary@yahoo.com>

·        Definitions of law terms to send to “Patrick weber” the lawyer and guardian   for reference since he requested this information :

·        As per the court case, where “Patrick weber” told the judge that he was not opposed to and was willing to  extend the statute of limitations regarding the HOA not being able to file a foreclosure suit within  the one year period. As a lawyer he is not allowed to make changes to laws( ie) statute of limitations and definitely not allowed to wave upon his own merit or decision the statute of limitations for  such proceedings.

·        Simple definition:    A statute of limitations is a defined time period in which a legal action may be taken. The statute of limitations for different types of lawsuits usually begins with awareness of the harm or injury. The length of the statute of limitations depends on the type of case and the jurisdiction (usually the state) in which it is filed.

·        If a legal action is not filed within the prescribed time, it cannot be brought, even if the case would otherwise have merit. Common law legal system might have a statute, for example, limiting the time for prosecution of a debt or crimes designated as misdemeanors to two years after the offense occurred. Under such a statute, if a person is discovered to have committed a misdemeanor three years earlier, the time has expired for the person to be prosecuted. While it may seem unfair to forbid prosecution of crimes that law enforcement can later prove to a standard required by law (cf., e.g. beyond a reasonable doubt, clear and convincing evidence, and preponderance of the evidence), the purpose of a statute of limitations or its equivalent is to ensure that the possibility of punishment for an act committed long ago cannot give rise to either a person’s incarceration or the criminal justice system’s activation. In short, unless the crime is deemed exceptionally heinous – for example, murder, to which the statute does not generally apply – social justice as enacted through law says that lesser crimes from long ago are best left alone so as not to detract attention from more serious crimes.

·         Reasons for statutes of limitation:    One reason is that, over time, evidence can be corrupted or disappear, memories fade, crime scenes are changed, and companies dispose of records. The best time to bring a lawsuit is while the evidence is not lost and as close as possible to the alleged illegal behavior. Another reason is that people want to get on with their lives and not have legal battles from their past come up unexpectedly. The injured party has a responsibility to quickly bring about charges so that the process can begin.

 

 

 

·        Limitations periods begin when a cause of action is deemed to have arisen or when a plaintiff had reason to know of the harm, rather than at the time of the original event. This distinction is significant in cases in which an earlier event causes a later harm (e.g. a surgeon negligently operates on a patient, who subsequently suffers the consequences of that negligence years later).

·        In a related concept, contracts may also have a term under which they may be the basis of a suit, and after which a plaintiff is held to have waived any right to claim. Under Article VI of the United States Constitution, private contracts cannot be abridged; this provision has been held by the United States Supreme Court to mean that the federal government or a State can only vitiate a contract if it directly opposes an important public policy. Similarly, the Charter of Fundamental Rights, codified into law applicable to European Union countries by the passage civil lawsuit, is said to have accrued when the event beginning its time limitation occurs. Sometimes, it is the event itself that is the subject of the suit or prosecution (such as a crime or personal injury), but it may also be an event such as the discovery of a condition one wishes to redress, such as discovering a defect in a manufactured good, or in the case of controversial “repressed memory” cases where someone discovers memories of childhood sexual abuse long afterwards.

·        With respect to the United States as a defendant, suits against the government are generally forbidden without some waiver of sovereign immunity. Since the Spending Clause of the United States Constitution vests only Congress with power to spend money from the public fisc, the Supreme Court has held that only Congress may waive sovereign immunity, and Congress may place limitations on any such waiver. Therefore, statutes of limitation are typically seen as a limitation on the waiver of sovereign immunity, which is jurisdictional in nature. This distinguishes the United States from other parties, in that if the statute of limitations has run, a court has no jurisdiction over a case against the United States. Because the Spending Clause does not give any power to the Executive Branch or the Judicial Branch, officials of agencies in the Executive Branch may not enter into agreements tolling the statute of limitations, and courts may not toll the statute of limitations under equitable tolling principles in claims against the United States.

·         Statute of repose:       An idea closely related, but not identical, to the statute of limitations is a statute of repose. A statute of repose limits the time within which an action may be brought and is not related to the accrual of any cause of action; the injury need not have occurred, much less have been discovered. Unlike an ordinary statute of limitations, which begins running upon accrual of the claim, the period contained in a statute of repose begins when a specific event occurs, regardless of whether a cause of action has accrued or whether any injury has resulted. This often applies to buildings and properties, and limits the time during which an action may lie based upon defects or hazards connected to the construction of the building or premises. An example of this would be that if a person is electrocuted by a wiring defect incorporated into a structure in, say, 1990, a state law may allow his heirs to sue only before 1997 in the case of an open (patent) defect, or before 2000 in the case of a hidden defect. Statutes of repose can also apply to manufactured goods. Manufacturers contend they are necessary to avoid unfairness and encourage consumers to maintain their property. Consumer groups argue that statutes of repose on consumer goods provide a disincentive for manufacturers to build durable products and to notify consumers of product defects as the manufacturers become aware of them. Consumer groups also argue that such statutes of repose disproportionately affect poorer people, since they are more likely to own older goods.

·        Expiry:      Once the time allowed for a case by a statute of
limitations runs out, if a party raises it as a defense and that defense is accepted, any further litigation is foreclosed. However, most jurisdictions provide that limitations are tolled, or delayed, under certain circumstances. Tolling will prevent the time for filing suit from running while the condition exists. Examples of such circumstances are if the aggrieved party (plaintiff) is a minor, or the plaintiff has filed a bankruptcy proceeding. In those instances, in most jurisdictions, the running of limitations is tolled until the circumstance (i.e., the injured party reaches majority in the former or the bankruptcy proceeding is concluded in the latter) no longer exists.

·        There may be a number of factors that will affect the tolling of a statute of limitations. In many cases, the discovery of the harm (as in a medical malpractice claim where the fact or the impact of the doctor’s mistake is not immediately apparent) starts the statute running. In some jurisdictions the action is said to have not accrued until the harm is discovered; in others, the action accrues when the malpractice occurs, but an action to redress the harm is tolled until the injured party discovers the harm.

        As discussed in Wolk v. Olson, the discovery rule does not apply to mass-media publications such as newspapers and the Internet; the statute of limitations begins to run at the date of publication.

        An action to redress a tort committed against a minor is generally tolled in most cases until the child reaches the age of majority. A ten-year-old who is injured in a car accident might therefore be able to bring suit one, two, or three years after he turns 18.

·        It may also be inequitable to allow a defendant to use the defense of the running of the limitations period, such as the case of an individual in the position of authority over someone else who intimidates the victim into never reporting the wrongdoing, or where one is led to believe that the other party has agreed to suspend the limitations period during good faith settlement negotiations or due to a fraudulent misrepresentation.

·      Generally speaking, in the case of private, civil matters, the limitations period may be shortened or lengthened by agreement of the parties. Under the Uniform Commercial Code, the parties to a contract for sale of goods may reduce the limitations period to not less than one year, but may not extend it.

·        Although such limitations periods generally are issues of law, limitations periods known as laches may apply in situations of equity (i.e., a judge will not issue an injunction if the party requesting the injunction waited too long to ask for it). Such periods are not clearly defined and are subject to broad judicial discretion.

 

 

 

·        For U.S. military cases, the Uniform Code of Military Justice (UCMJ) states that all charges except for those facing general court martial (where a death sentence could be involved) have a five-year statute of limitation. This statute changes once charges have been prepared against the service member. In all supposed UCMJ violations except for those headed for general court martial, should the charges be dropped, there is a six-month window in which the charges can be reinstated. If those six months have passed and the charges have not been reinstated, the statutes of limitation have run out.

·        Prescription:    ·        In civil law countries, almost all lawsuits must be started within a legally determined period. If they are presented after that time, an institution called prescription applies, which prevents them from filing the case.

·        The Italian case is quite peculiar in this regard since lawsuits and trials must be ended, rather than started, within such a time limit (this applies only to criminal proceedings). This makes it effectively possible to avoid a guilty sentence by delaying the trial enough for the time limit to expire.

·        For criminal cases, this means that the public prosecutor must prosecute within some time limit. The time limit varies from country to country, and increases with seriousness of the alleged crime (for example, in most jurisdictions, there is no statute of limitations for murder). When a time limit is suspended, it does not run (akin to hitting “Stop” on a stopwatch). Common triggers include the defendant being on the run. When a time limit is interrupted, it is restarted (like hitting “Reset” on a stopwatch). This may be triggered by a new crime committed.

·        If a criminal is on the run, he can be convicted in absence, in order to prevent prescription, or the time limit does not elapse during that time.

·        The prescription must not be confused with the need to prosecute within “a reasonable delay”, an obligation imposed by the European Court of Human Rights. Whether the delay is reasonable or not, will depend on the complexity of the trial and the attitude of the suspect.

·         Exclusions:

·         Fraud upon the court

·        In the United States, when an officer of the court is found to have fraudulently presented facts to court so that the court is impaired in the impartial performance of its legal task, the act, known as “fraud upon the court”, is a crime deemed so severe and fundamentally opposed to the operation of justice that it is not subject to any statute of limitation.

·        Officers of the court include: lawyers, judges, referees, and those appointed; guardian ad litem, parenting time expeditors, mediators, rule 114 neutrals, evaluators, administrators, special appointees, and any others whose influence are part of the judicial mechanism.

 

·   

    “Fraud upon the court” has been defined by the 7th Circuit Court of Appeals to “embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication”. Kenner v. C.I.R., 387 F.3d 689 (1968); 7 Moore’s Federal Practice, 2d ed., p. 512, ¶ 60.23

·        In Bullock v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated “Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury. … It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function — thus where the impartial functions of the court have been directly corrupted.”

·         International crimes :      By way of custom of international law, genocide, crimes against humanity, and war crimes are usually not subject to statute of limitations, nor to prescription. This custo
m has been codified in a number of multilateral treaties. States that ratify the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity agree to not allow limitations claims for these crimes. Article 29 of the Rome Statute of the International Criminal Court states that genocide, crimes against humanity, and war crimes “shall not be subject to any statute of limitations”.

·        [edit] Heinous crimes in the U.S. ·        Crimes that are considered exceptionally heinous by society have no statute of limitations. As a rule, there is no statute of limitations for murder, especially capital or first-degree murder. However, judges have been known to throw out murder charges for cold cases if they feel the delay violates the defendant’s right to a speedy trial.

·         Continuing violations doctrine :    ·        In tort law, if a defendant commits a series of illegal acts against another person, or, in criminal law, if someone commits a continuing crime (like molesting a child over a long period of time, which can be charged as a single offense), the period of limitation may begin to run from the last act in the series. In the 8th Circuit case of Treanor v. MCI Telecommunications, Inc., the court explained that the continuing violations doctrine “tolls [i.e freezes] the statute of limitations in situations where a continuing pattern forms due to [illegal] acts occurring over a period of time, as long as at least one incident … occurred within the limitations period”.[1] However, in the United States, there has been doctrinal confusion in the courts regarding whether or not the continuing violations doctrine applies to particular violations. For example, the continuing violations doctrine has been ruled to apply to copyright infringement per Taylor v. Meirick 712 F.2d 1112, 1119 (7th Cir. 1983), but has been ruled to not apply per Stone v. Williams, 970 F.2d 1043, 1049-50 (2d Cir. 1992).

 

·        HOMEOWNERS Associations information: Homeowner association

 

 

·        From Wikipedia, the free encyclopedia /  Jump to: navigation, search /

·        Picture of a condo building undergoing periodic maintenance in Japan. For a discussion of nonprofit, voluntary neighborhood advocacy groups, see neighborhood association.

·        A homeowner association is a corporation formed by a real estate developer for the purpose of marketing, managing, and selling of homes and lots in a residential subdivision. It grants the developer privileged voting rights in governing the association, while allowing the developer to exit financial and legal responsibility of the organization, typically by transferring ownership of the association to the homeowners after selling off a predetermined number of lots. It allows a civil municipality to increase its tax base, but without requiring it to provide equal services to all of its citizens. Membership in the homeowners association by a residential buyer is typically a condition of purchase; a buyer isn’t given an option to reject it. Some homeowner associations hire and retain property management companies. The board of directors is responsible for the retention of these companies.

·        Most homeowner associations are incorporated, and are subject to state statutes that govern non-profit corporations and homeowner associations. State oversight of homeowner associations is minimal, and mainly takes the form of laws which are inconsistent from state to state. Some states, such as Florida and California, have a large body of homeowner association law, and some states, such as Massachusetts, have virtually no homeowner association law.

·        The fastest growing form of housing in the United States today is common-interest developments (CIDs), a category that includes planned-unit developments of single-family homes, condominiums, and cooperative apartments.[1] Since 1964, homeowner associations have become increasingly common in the USA. The Community Associations Institute trade association estimated that HOAs governed 24.8 million American homes and 62 million residents in 2010.[2]  

     Homeowners associations first emerged in the United States in the mid-19th century. Their growth was limited, however, until the 1960s, when several factors led to a period of rapid national growth, including, a push towards large scale residential development by the Federal Housing Authority and the Urban Land Institute; an increasing cultural preference for architectural uniformity; a decline of readily available land; rising construction costs; and a modification of federal mortgage insurance rules to include cooperatives and condominiums.[citation needed]

·        Early covenants and deed restrictions were exclusionary in origin, and in the first half of the 20th century many were racially motivated.[3] For example, a racial covenant in a Seattle, Washington neighborhood stated, “No part of said property hereby conveyed shall ever be used or occupied by any Hebrew or by any person of the Ethiopian, Malay or any Asiatic race.”[4] In 1948, the United States Supreme Court ruled such covenants unenforceable, in Shelley v. Kraemer. However, private contracts kept them alive until The Fair Housing Act of 1968 banned them.

 

 

 

·        The explosion in the number of CIDs can be traced back to a publication by the Urban Land Institute in 1964, also known as TB 50.[5] This technical bulletin was funded by the National Association of Home Builders and by certain federal agencies: the FHA, United States Public Health Service, Office of Civil Defense, the Veterans Administration and the Urban Renewal Administration.[6]

·        The Federal Housing Administration in 1963 authorized federal home mortgage insurance exclusively for condominiums or for homes in subdivisions where there was a qualifying homeowner association. The rationale was that developers wanted to get around density laws. The effect, however, was to divert investment from multifamily housing and home construction or renovation in the inner cities, speeding a middle-class exodus to the suburbs and into common-interest housing. The federal highways program further facilitated the process.[citation needed] In the 1970s, a growing scarcity of land for suburban development resulted in escalating land costs, prompting developers to increase the density of homes on the land. In order to do this while still retaining a suburban look, they clustered homes around green open areas maintained by associations. These associations provided services that formerly had been provided by municipal agencies funded by property taxes; yet, the residents were still required to pay those taxes. Accordingly, local governments began promoting subdivision development as a means of improving their cash flow.[7]

·        Another primary driver in the proliferation of single family homeowners’ associations was the U.S. Clean Water Act of 1977, which required all new real estate developments to detain storm water so that flow to adjoining properties was no greater than the pre-development runoff. This law required nearly all resid
ential developments to construct detention or retention areas to hold excess storm water until it could be released at the pre-development flow level. Since these detention areas serve multiple residences, they are almost always designated as “common” areas, which becomes a reason to create a homeowner association. Although these areas can be placed on an individual homeowner’s lot, eliminating the need for an association, nearly all U.S. municipalities now require these areas to be part of a common area to ensure an entity, rather than an individual or the municipality itself, has maintenance responsibility. Real estate developers, therefore, have established homeowner associations to maintain these federally mandated common areas. With the homeowner association already in place, the developers have expanded their scope to provide other requirements and amenities that they believe will help them sell homes.

 [edit] Industry        Community Associations Institute (CAI) is a trade organization of individuals and businesses that sell supplies or services to homeowners associations, such as lawyers and property managers. The CAI does not represent homeowners associations. It lobbies the legislatures of states that have significant proportions of homeowners living in HOAs to promote legislation beneficial to its members, while opposing laws that would harm its members.[8]

 

 

 

·        [edit] Authority:  ·        A homeowners association is incorporated by the developer prior to the initial sale of homes, and the Covenants, Conditions, and Restrictions (CC&Rs) are recorded when the property is subdivided. There is no mutual agreement between buyer and seller regarding the CC&Rs, they are legally defined to “run with the land”. If an owner sells the encumbered land/ home, he ceases to be a member of the association and the new owner is forced to become a member. All members must pay assessments to and abide by the restrictions of the association.[9]

·        [edit] Powers:  ·        Associations provide services, regulate activities, levy assessments, and may, as delegated by the states legislature, impose fines. Unlike a municipal government, they are not subject to the constitutional constraints that public government must abide by.[10] Some of the tasks which HOAs carry out would otherwise be required to be performed by local governments. A homeowners’ association can enforce its actions through the threat and levying of fines, and private legal action under civil law.

·        Association boards may appoint corporate officers – or officers may be elected directly by the membership (depending on the jurisdiction). The officers and the board may create committees, such as an “architectural control committee”, a pool committee, a neighborhood watch committee, and others.

·        Association boards are composed initially of developer-appointed members, then of a mix of appointees and of homeowners elected at the annual meeting to maintain the common areas and enforce the governing documents. The mix changes to solely homeowners as the percentage of land/home ownership shifts away from the developer.

·        [edit] Assessments: ·        Homeowner associations can compel homeowners to pay a share of common expenses, usually per-unit or based on square footage. These expenses generally arise from common property, which varies dramatically depending on the type of association. Some associations are, not quite literally, towns, complete with private roads, street lights, services, utilities, amenities, commonly owned buildings, pools, and even schools. Many condominium associations consider the roofs and exteriors of the structures as the responsibility of the association. Other associations have no common property, but may charge for assumed services or other matters. Assessments paid to homeowner associations in the United States amount to billions of dollars a year, but are not classed as property taxes.[11]

·        When determining what the monthly/annual assessment should be, it is important to consider what funds are required. There should always be a minimum of two funds: an operating fund and a reserve fund. The operating fund is used to pay for the operating expenses of the association. A reserve fund is used to pay for the infrequent and expensive common area assets maintenance, repair and replacement costs. The reserve fund is significant when reducing the chances of a special assessment (mentioned in the risks below). Obtaining a Reserve Study is recommended to help determine and set the reserve contribution rate which is included in the regular monthly assessment.

 

·        [edit] Benefits:  ·        An HOA provides people with shared neighborhood values, an opportunity to enforce regulations, consistent with overarching statutory constraints, to achieve a community representative of such values. In doing so, an HOA inherently restricts the rights that would otherwise exist for its members based on municipal codes. For instance, a degree of conformity is often required in exterior appearance of single family homes and there are often time limits and/or restrictions to activities generating noise.

·        These bylaws can be limited in various degrees by state laws, with some overriding federal judicial or statutory limits. Board members or officers are elected by the homeowners, with the ability in some states for the membership to remove board members, with some difficulty, even during term.

·        Homeowners Associations generally have meetings for the entire board and membership. These meetings are generally monthly or sometimes quarterly, and focus on handling the Homeowners Association’s business. In some states, the meeting’s minutes must by law be made available for viewing 24 hours a day online, requiring the HOA to launch or purchase a website.

        Many homeowners’ associations include management of a development’s recreational amenities, maintained for exclusive use of its members. This can allow an individual homeowner access to a maintained pool, clubhouse, gym, tennis court or walking trail that they may not be able to otherwise afford to maintain on their own.

·        Each member of a homeowners’ association pays assessments that are used to cover the expenses of the development. Some examples are landscaping for the common areas, maintenance and upkeep of the subdivision’s amenities, insurance for commonly owned structures and areas, mailing costs for newsletters and other correspondence, employment of a management company or on-site manager, security personnel and gate maintenance, and any other item delineated in the governing documents or agreed to by the board of directors.

·        Some residents rate their overall experience living in a common interest development as good. A survey of 709 people by Zogby International, sponsored by the Foundation for Community Association Research, an organization created by the Community Associations Institute trade association, showed
that for every homeowner who rated the overall experience of living in a homeowner association as negative, seven saw it as positive.[12][13]

·        But another survey, conducted by a home improvement trade organization vendor, of over 3,000 people found that two-thirds found their HOAs were “annoying” or worse.[14] 25% of those who responded had never lived in an HOA, 19% had been in a “war” with their HOA, and the remaining 56% had never had a conflict or resolved it quickly / considered it no big deal. 54% of the respondents said they would rather live with a sloppy neighbor than deal with an HOA. 24% responded positively about an HOA, and 45% responded positively or felt the HOA was a minor nuisance.

 

 

 

·        Advocates often maintain that people choose to live in HOAs, but some note that “choice” is misleading. HOAs have been mandated by municipalities for decades either directly or indirectly. This is often accomplished by conditioning plat or other approval on the creation of amenities such as roads, open areas, greenbelts, retention basins, etc. and an obligation to maintain them. In towns where such regulations exist, people who wish to purchase a home often have no choice but to live in an HOA. Whether non-HOA neighborhoods that were built in the last several decades exist depends on the location. The choice for most buyers seeking a newer home is only which HOA they will join.

·        The imposition of an HOA accomplishes several benefits for the municipality. First, these amenities may be burdened with property taxes which would not be the case if the amenities were owned by the municipality. Thus the mandated private amenities are cash generators for the municipalities. Second, the municipalities bear no obligation to maintain the amenities given that they are owned by the HOA. On the other hand, HOA communities are exempt from taxes on certain services provided by the municipality, if the HOA is providing them instead.

·        In The Voluntary City, published by the libertarian Independent Institute, Donald J. Boudreaux and Randall G. Holcombe argue not in universal favor of homeowners associations, opining that they do not necessarily have advantages over traditional governments. These include the fact that the association’s creator, e.g. a developer, has an incentive to set up a government structured in such a way as to maximize profits and thus increasing the selling price of the property. If a certain decision would increase the selling price of certain parcels and decrease the selling price of others, the developer will choose the option with the highest net income to itself. This will sometimes result in suboptimal outcomes for the homeowners. Jim Fedako has argued that homeowners associations are better than other forms of government, because their powers are limited by contract.[15]

·        [edit] Criticisms

       [edit] Onerous regulations :  ·        Homeowner associations have been criticized for having excessively restrictive rules and regulations on how homeowners are allowed to conduct themselves and use their property.[16] Some maintain that homeowner association leaders have limited financial incentive to avoid indulging in rigid or arbitrary behavior; unless people begin to leave in droves, it will have little effect on the value of a board member’s home.

·        What is meant by arbitrary is usually understood to mean inconsistent treatment of homeowners who have the same issue.

·        [edit] Undemocratic :  ·        Some scholars and the AARP charge that in a variety of ways HOAs suppress the rights of their residents.[17] Due to their nature as a non-governmental entity, HOA boards of directors are not bound by constitutional restrictions on governments, although they are essentially a de-facto level of government.[18]

 

·        At their own expense, a homeowner-member may sue a board of directors for perceived breach of duty. Association insurance provides not only for a board member’s legal expense, but any judgment attained against them.[citation needed] Homeowners must pay out of pocket for any case they bring to court and risk being personally liable for any judgment and/or association’s legal fees as well as their own.[citation needed]

·        Corporation and homeowner association laws provide a limited role for HOA homeowners.[19] Unless either statutory law or the corporation’s governing documents reserve a particular issue or action for approval by the members, corporation laws provide that the activities and affairs of a corporation shall be conducted and all corporate powers shall be exercised by or under the direction of the board of directors. Many boards are operated outside of their state’s non-profit corporation laws. Knowledge of corporate laws and state statutes is essential to a properly-run HOA.

·        Once notified by a homeowner, attorney or other government official that an HOA organization is not meeting the state’s statutes, the boards have the responsibility to correct their governance. Failure to do so in certain states, such as Texas, can result in the levy of misdemeanor charges against the board and open the board (and HOA) to potential lawsuits to enforce state laws of governance. In some instances, a known failure to rectify the board’s governance to meet the state’s statutes can open the board’s members to personal liability as most insurance policies indemnifying the board members against legal action do not cover willful misconduct.

·        Homeowner associations establish a new community as a municipal corporation.[20] Voting in a homeowner association is based on property ownership,[21] Only property owners are eligible to vote. Renters are prohibited from directly voting the unit, although they can deal directly with their landlords under their lease contract, since that is the party who has responsibility to them.

·        Additionally, voting representation is equal to the proportion of ownership, not to the number of people.[22] The majority of property owners may be absentee landlords, whose values or incentives may not be aligned with the tenants’. Homeowners have challenged political speech restrictions in associations that federal or state constitutional guarantees as rights, claiming that certain private associations are de facto municipal governments and should therefore be subject to the same legal restrictions.

·        Of great concern is the fact that several court decisions have held that private actors may restrict individuals’ exercise of their rights on private property. A recent decision in New Jersey held that private residential communities had the right to place reasonable limitations on political speech, and that in doing so, they were not acting as municipal governments.[23] With few exceptions, courts have held private ‘actors’ are not subject to constitutional limitations — that is, enforcers of private contracts are not subject to the same constitutional limitations as police officers or courts.

 

 

 

·       
In 2002, the 11th Circuit Court of Appeals, in in Loren v. Sasser, declined to extend Shelley beyond racial discrimination and disallowed a challenge to an association’s prohibition of “for sale” signs. In Loren, the court ruled that outside the racial covenant context, it would not view judicial enforcement of a private contract as state action, but as private action, and accordingly would disallow any First Amendment relief.[24]

·        In the Twin Rivers case, a group of homeowners collectively called The Committee for a Better Twin Rivers sued the Association, for a mandatory injunction permitting homeowners to post political signs and strike down the political signage restrictions by the association as unconstitutional. The appeals court held the restrictions on political signs unconstitutional and void, but the appeals court was reversed when the New Jersey Supreme Court overturned the Appellate courts decision in 2007 and reinstated the decision of the trial court.

·        The Court determined that even in light of New Jersey’s broad interpretation of its constitutional free speech provisions, the “nature, purposes, and primary use of Twin Rivers property is for private purposes and does not favor a finding that the Association’s rules and regulations violated plaintiffs’ constitutional rights.” Moreover, the Court found that “plaintiffs’ expressional activities are not unreasonably restricted” by the Association’s rules and regulations. Finally, the Court held that “the minor restrictions on plaintiffs’ expressional activities are not unreasonable or oppressive, and the Association is not acting as a municipality.”

·        In some HOAs, the developer may have multiple votes for each lot it retains, but the homeowners are limited to only one vote per lot owned. That has been justified on the grounds that it allows residents to avoid decision costs until major questions about the development process already have been answered and that as the residual claimant, the developer has the incentive to maximize the value of the property.[25]

·        [edit] Board misconduct : 

·        The New Jersey Department of Community Affairs reported[26] these observations of Association Board conduct:

·        “It is obvious from the complaints [to DCA] that that [home]owners did not realize the extent association rules could govern their lives.” ·        “Curiously, with rare exceptions, when the State has notified boards of minimal association legal obligation to owners, they dispute compliance. In a disturbing number of instances, those owners with board positions use their influence to punish other owners with whom they disagree. The complete absence of even minimally required standards, training or even orientations for those sitting on boards and the lack of independent oversight is readily apparent in the way boards exercise control”

 

 

·        Overwhelmingly … the frustrations posed by the duplicative complainants or by the complainants’ misunderstandings are dwarfed by the pictures they reveal of the undemocratic life faced by owners in many associations. Letters routinely express a frustration and outrage easily explainable by the inability to secure the attention of boards or property managers, to acknowledge no less address their complaints. Perhaps most alarming is the revelation that boards, or board presidents desirous of acting contrary to law, their governing documents or to fundamental democratic principles, are unstoppable without extreme owner effort and often costly litigation.

·        Certain states are pushing for more checks and balances in homeowners’ associations. The North Carolina Planned Community Act,[27] for example, requires a due process hearing to be held before any homeowner may be fined for a covenant violation. It also limits the amount of the fine and sets other restrictions.

·        California has severely limited the prerogatives of boards by requiring hearings before fines can be levied and then limiting the size of such fines even if the owner-members do not appear. In California, any rule change made by the board is subject to a majority affirmation by the membership if only 5% of the membership demand a vote. This part of the civil code[28] also ensures that any dissenting individual who seeks a director position must be fully represented to the membership and that all meetings be opened and agenda items publicized in advance. In a state such as Massachusetts, there are no laws to prohibit unilateral changes to the documents by the association board.

·        [edit] Double taxation :  ·        Most homeowners are subject to property taxation, whether or not said property is located in a planned unit development governed by a homeowners’ association. Such taxes are used by local municipalities to maintain roads, street lighting, parks, etc. In addition to municipal property taxes, individuals who own private property located within planned unit developments are subject to association assessments that are used by the development to maintain the private roads, street lighting, landscaping, security, and amenitites located within the planned unit development. A non-HOA property owner pays taxes to fund street repairs performed by the city; the HOA property owners pay these same taxes, but without the same benefit, since the local government will not maintain the streets to their homes. Thus the HOA property needs to pay a second time, to privately maintain the street.

·        The proliferation of planned unit developments has resulted in a cost savings to local governments in two ways. One, by requiring developers to build ‘public improvements’ such as parks, passing the cost of maintenance of the improvements to the common-interest owners; and two, by planned-unit developments being responsible for the cost of maintaining infrastructures that would normally be maintained by the municipality.[29]

 

 

 

·        [edit] Financial risk for homeowners :  ·        In some U.S. states (such as Texas) a homeowners association can foreclose a member’s house without any judicial procedure in order to collect special assessments, fees and fines, or otherwise place an enforceable lien on the property which, upon the property’s sale, allows the HOA to collect otherwise unpaid assessments. A proposed constitutional amendment in Texas would limit the power of HOA’s in such matters. A case in point involves a soldier who, in 2008, was informed his fully paid-for $300,000 home in Frisco, Texas had been foreclosed on and sold for $3,500 by his HOA over unpaid dues of $800 while he was serving in Iraq.[30] In 2010, the case was settled and the soldier regained ownership of the home. Federal laws protecting military personnel may have been his defense; however, a gag order prevents details from being known.

·        Other states, like Florida, require a judicial hearing. Foreclosure without a judicial hearing can occur when a power of sale clause exists in a mortgage or deed of trust.[31]

·     &nb
sp; 
A report self-published by a professor at Washington University disputes the claim that HOAs protect property values, stating, based on a survey of Harris County, Texas (which had an unusual legal regime regarding foreclosures): “Although HOA foreclosures are ostensibly motivated by efforts to improve property values, neither foreclosure activity nor HOAs appear linked with the above average home price growth.”[32]

·        Homeowners association boards can also collect special assessments from its members in addition to set fees, sometimes without the homeowners’ direct vote on the matter, though most states place restrictions on an association’s ability to do so. Special assessments often require a homeowner vote if the amount exceeds a prescribed limit established in the Association’s by-laws. In California, for example, a special assessment can be imposed by a Board, without a membership vote, only when the TOTAL assessment is 5 percent or less of the association’s annual budget. Therefore in the case of a 25 unit association with a $100,000 annual operating budget, the Board could only impose a $5,000 assessment on the entire population ($5,000 divided by 25 units equal $200 per unit). A larger assessment would require a majority vote of the members. In some exceptional cases, particularly in matters of public health or safety, the amount of special assessments may be at the board’s discretion. If, for example there is a ruptured sewer line, the Board could vote a substantial assessment immediately, arguing that the matter impacts public health and safety. In practice, however, most Boards prefer that owners have a chance to voice opinions and vote on assessments.

·        Increasingly, homeowner associations handle large amounts of money. Embezzlement from associations has occurred occasionally, as a result of dishonest board members or community managers, with losses up to millions of dollars.[33] Again, California’s Davis-Stirling Act, which was designed to protect owners, requires that Boards carry appropriate liability insurance to indemnify the association from any wrong-doing. The large budgets and expertise required to run such groups are a part of the arguments behind mandating manager certification (through Community Association Institute, state real estate boards, or other agencies).

 

          The AARP has recently voiced concern that homeowners associations pose a risk to the financial welfare of their members. They have proposed that a homeowners “Bill Of Rights” be adopted by all 50 states to protect seniors from rogue Homeowner Associations.[34]

·        [edit] Limits to powers:  ·        Prior to the Telecommunications Act of 1996, HOAs could restrict or prohibit satellite dishes. Many communities still have these rules in their CC&Rs, but after October 1996, they are no longer enforceable. With a few exceptions, any homeowner may install a satellite dish of a size of one meter or smaller in diameter (larger dishes are protected in Alaska). While HOAs may encourage that dishes be placed as inconspicuously as possible, the dish must be allowed to be placed where it may receive a usable signal. Additionally, many HOAs have restrictive covenants prohibiting a homeowner from installing an OTA (Over-The-Air) rooftop antenna. These restrictions are also no longer enforceable, except in some instances. For example: the antenna may be installed at any location unless it imposes upon common property. Also, the antenna must be of a design to receive local, not long-distance signals and must not extend any higher than twelve feet above the top roof-line of the home, unless an exception is granted by the HOA due to extenuating terrestrial interference.[35]

·        In Florida, state law prevents covenants and deed restrictions from prohibiting “Florida-Friendly Landscaping,”[36] a type of xeriscaping. In spite of the law, at least one homeowner has faced harassment and threat of fines from a homeowners’ group for having insufficient grass after landscaping his yard to reduce water usage.[37] Similar legislation was introduced and passed by the legislature in Colorado but was vetoed by governor Bill Owens.[38][39] Residents in Colorado have continued to call for regulation to protect xeriscaping, citing homeowners’ associations that require the use of grasses that consume large quantities of water and threaten fines for those who do not comply with the covenants.[40]

·        [edit] Alternative to CIDs :  ·        An alternative to CIDs is the multiple-tenant income property, or MTIP, known in the United Kingdom as housing estates. CIDs and MTIPs have fundamentally different forms of governance. In a CID, dues are paid to a nonprofit association. In an MTIP, ground rents are paid to a landowner, who decides how to spend it. In both cases, certain guidelines are set out by the covenant or the lease contract; but in the latter scenario, the landowner has a stronger incentive to maximize the value of all the governed property in the long term (because he is the residual claimant of it all) and to keep the residents happy, since his income is dependent on their continued patronage. These factors are cited as arguments in favor of MTIPs.[7]

·        [edit] See also        Gated community /·        Davis-Stirling Common Interest Development Act

·        Housing society /·        Business Improvement District /

·   

 

 

 

    [edit] References : 

·        1.^ McKenzie, Evan. Privatopia: Homeowner Associations and the Rise of Residential Private Governments. Yale University Press. pp. 7. ISBN 0-300-06638-4.

·        2.^ “Industry Data – National Statistics”. Community Associations Institute.

·        3.^ Plotkin, Wendy (Spring 2001). “Hemmed in”: The struggle against racial restrictive covenants and deed restrictions in Post-WWII Chicago. Journal of the Illinois State Historical Society. Retrieved 2007-04-13.

·        4.^ [1]

·        5.^ Stabile, Donald R.. Community Associations: The Emergence and Acceptance of a Quiet Innovation in Housing. Greenwood Press (2000). ISBN 0-313-31571-X.

·        6.^ The Homes Association Handbook. Urban Land Institute. pp. 433. ISBN 0-87420-050-4.

·        7.^ a b MacCallum, Spencer Heath. “The Case for Land Lease versus Subdivision”. The Voluntary City. pp. 373–374.

·        8.^ (http://www.ccfj.net/HOAbillCAslaughtered.html) (http://www.fortbendnow.com/2010/08/04/47120) (http://www.thehoaprimer.org/cai.htm)

·        9.^ [2]

·        10.^ Privatopia, p. 142

        11.^ Educating Homeowners, Orange County Register,
Nov. 12, 2006

·        12.^ CAICalif – Zogby Poll Results

·        13.^ 2007 National Survey, Foundation for Community Associations Research

·        14.^ Two thirds “annoyed” with HOA survey says, Los Angeles Times blogs: Pardon Our Dust: Home Improvement Tales with Kathy Price-Robinson (September 2007)[3]

·        15.^ Fedako, Jim (March 8, 2007), Government Laws Are Not Contracts

·        16.^ www.dipnoid.com/2009/12/7-ridiculous-homeowners-association-hoa-rules/

·        17.^ Barton & Silverman 1994, p. xii.

·        18.^ Professor McKenzie, Privatopia, 21

·        19.^ Sproul, Curtis (1994), “The Many Faces of Community Associations under California Law”, in Stephen E. Barton & Carol J. Silverman, Common Interest Communities: Private Governments and the Public Interest, Berkeley, CA: Institute of Governmental Studies, pp. 73, ISBN 0-87772-359-1

·        20.^ Hugh Mields, Jr., Federally Assisted New Communities: New Dimensions in Urban Development (Washington, D.C.: Urban Land Institute, 1973), 54.

·        21.^ Barton & Silverman 1994, p. 36

·        22.^ McKenzie 1994, p. 128

·        23.^ Committee for a Better Twin Rivers v. Twin Rivers Homeowners’ Assoc., N.J. Supreme Court (2007-07-26).

·        24.^ Loren v. Sasser, 11th Cir. (2002).

·        25.^ The Voluntary City, p. 297

·        26.^ Battle at Twin Rivers – AARP AMICUS BRIEF

·        27.^ “Chapter 47F – North Carolina Planned Community Act”. North Carolina Statutes.

·        28.^ www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1363.810-1363.850 Davis Stirling Act

·        29.^ Katherine N. Rosenberry, “The Legislature Addresses Problems in the Law of Condominiums, Planned Development and Other Common Interest Projects,” 3 California Real Property Journal p. 27 (Winter 1985).

·        30.^ www.npr.org/templates/story/story.php?storyId=128078864&ps=cprs

·        31.^ “Texas Foreclosure Law”. StopForeclosure.com. Retrieved 2007-05-07.

·        32.^ Adolph, Christopher (21 October 2002). “Homeowner Association Foreclosures and Property Values in Harris County, 1985–2001” (PDF).

·        33.^ 4 arrests spur hope for other condo cases

·        34.^ AARP: Homeowner Bill of Rights

·        35.^ www.fcc.gov/mb/facts/otard.html FEDERAL COMMUNICATIONS COMMISSION (FCC) INFORMATION SHEET

·        36.^ www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb2080er.html&Directory=session/2009/Senate/bills/billtext/html/

·        37.^ Justin George, “Where saving water bends the rules”, St. Petersburg Times, March 25, 2004.

 

·        38.^ Kevin Darst, “Bill embraces landscaping options”, The Coloradoan, Apr. 13, 2005.

·        39.^ Lynn Bartels, “WATER BILL GETS CAUGHT IN WASH FOUR VETOES EXPAND LIST OF OWENS’ REJECTS TO 28.(News)”, Rocky Mountain News, Jun. 1, 2005.

·        40.^ Jen Brooks, Cary, “Rigid rules on lawns”, The News & Observer, Sep. 08, 2007.

·        The original article was based on an article first published at Internet-encyclopedia.org.

·        [edit] Further reading /·        David T. Beito, Peter Gordon, and Alexander Tabarrok, eds., The Voluntary City: Choice, Community, and Civil Society, University of Michigan Press, ISBN 0-472-08837-8/

·        Ronald M. Sandgrund and Joseph F. Smith, “When the

·        STATUTE OF LIMITATIONS FOR DEFICIENCY BALANCES

·        Posted by Richard Zaretsky on January 1, 2010 at 11:51pm in Law    Back to Law Discussions

·        I was asked what the story was on statues of limitations (in Florida) for enforcement of deficiency judgments.

·        The Florida Statute of Limitations (time to enforce) the Promissory Note is 5 years from the time it went into default. What defines when that default is can have more than one meaning.

·        If your property has been foreclosed, the time starts with the date of the foreclosure sale. If your property has been sold at short sale, the time is the date of the closing (although it could be a few days later whent he lender gets its money from the sale). If it is a deed in lieu of foreclosure and there remains an unsatisfied deficiency, it is the date of the recording of the deed. If the lender takes no action at all, such as a 2nd mortgage lender that does not defend its worthless mortgage, it can be the date of the foreclosure of the first mortgage OR the date of notice of the default in the 2nd mortgage promissory note. ·        There is also a rule on how long a plaintiff can keep open a foreclosure lawsuit that has no activity. That rule says after 1 year of inactivity, the lawsuit can be dismissed by the court. The rule is referred to the “Failure to Prosecute Within One Year” rule. IF the court dismisses the lawsuit after one year and before the bank asks for a deficiency judgment, the lender can still file a new lawsuit and sue just on the promissory note unpaid balance. Some people think that once the one year has past, they are free of the deficiency after a foreclosure. This in incorrect. ·        Florida courts have noted that a claim for deficiency in a foreclosure action does not accrue until the foreclosure sale has occurred. Thus the five year period starts at the time of the foreclosure sale (not the time of the default).   With the above being said, please understand that this respons
e is a general comment about the law and is not expressing a legal opinion about the very general fact pattern raised herein. As such, this brief response may not be relied upon for any purpose. Please consider obtaining formal legal advice if you have a specific fact pattern with respect to which you need an answer. Copyright 2010 Richard P. Zaretsky, Esq.

 

 

 

·        Definition of guardian:  ·        A guardian is a person who has been appointed by the court to act on·        behalf of a ward’s person, property or both. {F.S. 744.102(9)} The guardian may   exercise only those rights that have been removed from the ward and delegated   to the guardian. {F.S. 744.361(1)}

 Limited Guardianships :     In situations where the court finds that the incapacitated person lacks some ·        but not all of the capacity necessary to care for his or her person, property, or after  the person voluntarily petitions the court for appointment of a limited guardianship,  the court will appoint a guardian to exercise only those legal rights and powers  specifically designated by the court order {F.S. 744.102(9) (a)}.

·        The concept of a limited guardianship recognizes that the incapacity of  each person is different and permits a guardianship to be imposed only to the   extent required by an individual’s actual mental and functional limitations. The  limited guardianship is designed to encourage the most self-reliance and        independence possible, and to be the least restrictive alternative to a complete or plenary guardianship.

·        Guardian as Fiduciary :   The guardian is the incapacitated person’s fiduciary. The Guardian occupies  a position of special trust and confidence for the incapacitated person. As afiduciary, the business the guardian transacts or the money or property which he or   she handles, is not his or her own for his or her own benefit, but for the benefit of the  incapacitated person. The guardian must be independent and impartial.    A guardian who is appointed to manage the incapacitated person’s ·        financial affairs must protect and preserve the incapacitated person’s assets and  manage the assets as a “prudent person” would in managing the financial affairs of  another person.

·        Who may serve as a guardian?    Any resident of the State of Florida who is 18 years old and of sound mind is  qualified to act as guardian. In addition, a non-resident may serve if he or she is ·        related to the ward by blood, adoption or law. {F.S. 744.309(2)}.

 Also a Trust company, State Bank, National Bank, or a Federal Savings and Loan may be a  guardian. {F.S. 744.309(4)} A non-profit corporation organized for religious or  charitable purposes may be appointed a guardian. {F.S. 744.309(5)}

·        Attorney for the Alleged Incapacitated Person:     In the initial stages of guardianship, an alleged incapacitated person must   be represented by an attorney. The court will appoint an attorney for the alleged   incapacitated person. The alleged incapacitated may substitute his or her  attorney for the attorney appointed by the court. {F.S. 744.331(2) (b)} The attorney  for the alleged incapacitated person must represent the alleged incapacitated   person’s expressed wishes, unless they are contrary to the Florida Rules governing  attorney’s conduct. {F.S. 744.102(1)} When a court appoints an attorney for an ·        alleged incapacitated person, the court must appoint an attorney who is included  in the attorney registry compiled pursuant to Florida Statutes sections 27.40 and  27.42. Appointments must be made on a rotating basis taking into consideration conflicts. {F.S. 744.331(2) (a)}

 

·        The ward retains the right to have his or her own attorney in various  proceedings during the guardianship. {F.S. 744.331(2) (b)} For example, an   attorney will be appointed for the ward in a hearing for extraordinary authority to  be granted to the guardian, {F.S. 744.3725(1)} or in a hearing to determine whether  all or some of the ward’s rights should be restored. {F.S. 744.464(2) (e)}

·        Implementation of Guardianship: 

·        Oath:    Prior to exercising authority, every guardian must take an oath that he or she  will faithfully perform his or her duties as guardian. {F.S. 744.347}

·        Real Estate :  ·        When the estate contains real property, the guardian should investigate the·        status of insurance coverage, mortgage payments or any other covenants and  restrictions, taxes, and judgments that may affect the property. The guardian  should advise the mortgagee, insurance company, and any joint owners of the  property of his or her appointment as guardian and request that any inquiries and   related correspondence be sent to him or her. The guardian should assess whether ·        or not retaining his or her interest in the property is beneficial for the ward. The  guardian should consult with his or her attorney about any and all real property  issues. No sale of real property can take place without following strict guidelines  outlined in the statute.

·        THE RIGHTS OF THE WARD: ·        The guardian’s role is to balance the protection and care provided to the  ward with genuine respect for and encouragement of the independence still  exercisable by the ward.

·        The Rights of the Incapacitated Ward that are Retained by the Ward:   {F.S. 744.3215(1)}

o   To have an annual review of the guardianship report and plan.

o   To have continuing review of the need for restriction of his or her  rights.

o   To be restored to capacity at
the earliest possible time.

o   To be treated humanely, with dignity and respect, and to be  protected against abuse, neglect and exploitation.

o   To have a qualified guardian.

o   To remain as independent as possible, including having his or  preference as to place and standard of living honored, either as he or she expressed or demonstrated his or her preference  prior to the determination of his or her incapacity or as he or she  currently expresses his or her preference, insofar as such request  is reasonable.

o   To be properly educated.

o   To receive prudent financial management for his or her  property and to be informed how his or her property is being  managed, if he or she has lost the right to manage property.

 

o   To receive the necessary services and rehabilitation necessary  to maximize the quality of life.

o   To be free from discrimination because of his or her incapacity.

o   To have access to the courts.

o   To be represented by counsel (an attorney).

o   To receive visitors and communicate with others.

o   To receive notice of all proceedings related to determination of  capacity and guardianship, unless the court finds the  incapacitated person lacks the ability to comprehend the notice.

o   To privacy.

·        Before the court may grant extraordinary powers to the guardian to exercise  any of the above enumerated rights, the court MUST {F.S. 744.3725}:  Appoint an independent attorney to act on the incapacitated  person’s behalf, who must have the opportunity to meet with  the incapacitated person and at full judicial hearing present  evidence and cross examine witnesses on behalf of the      incapacitated person;  Receive as evidence independent medical, psychological, and   social evaluations with respect to the incapacitated person by  competent professionals or appoint its own experts to assist in  the evaluation;   Personally meet with the incapacitated person to obtain an  impression of the person’s capacity, so as to afford the  incapacitated person the full opportunity to express his or her ·        personal views or desires with respect to the judicial proceeding  and issue(s) before the court;    Find by clear and convincing evidence that the person lacks   the capacity to make a decision about the issue(s) before the  court and that the incapacitated person’s capacity is not likely  to change in the foreseeable future;   Be persuaded by clear and convincing proof that the authority  being requested is in the best interests of the incapacitated  person; and  In the case of a dissolution of marriage, find that the ward’s ·        spouse has consented to the dissolution.

·        Investment Powers :    A guardian must invest the ward’s property prudently. {F.S. 744.361(6) (a)} The  guardian must:

o   Use any special skills that he or she has;

o   Not invest in speculative assets;

o   Preserve assets, but also consider the income of the ward; and

o   Consider the tax ramifications (income and estate) of  Investment

 

 

 

D. Settlement of Claims :    Court approval is required to settle any claim of the ward arising before or

·        after the appointment of the guardian {F.S. 744.387(3) (a)}. The guardian may   settle contract claims against the ward’s estate and claims by the ward’s estate  with court approval. Examples include claims to extend or modify any mortgage or  claims to enter into a fair compromise. F. Powers Without Court Approval  The guardian also has the authority and flexibility to perform, without prior  court approval, routine acts and pay items that are normal and necessary to   protect, manage, and preserve the assets of the estate. However, in exercising his  or her duties, the guardian should interpret the law very strictly, and if the action   contemplated is not mentioned and approved specifically in the law, the guardian   should seek advice of an attorney as to whether the approval of the court is  necessary.

·        A plenary guardian may:    Retain assets owned by the ward. /   Receive assets. /  Vote on stocks or other securities./·        Insure the property and assets of the ward and himself or herself  against liability.   Execute and deliver any instrument necessary to implement the   duties of Florida Statute section 744.444 in the orders of the  court.  Pay taxes and assessments on the ward’s property.   Pay valid encumbrances against the ward’s property in  accordance with their terms, but no prepayment may be made  without prior court approval.  Pay reasonable living expenses of the ward, taking into consideration the accustomed standard of living, age, health, and financial condition of the ward. The guardian of a minor is not authorized to expend funds for the minor’s living expenses if  one or both of the ward’s parents are alive. The guardian of

GUARDIAN OF THE PROPERTY:  The guardian of an incapacitated person may exercise only those rights that have been removed from the ward and delegated to the guardian. {F.S. 744.361(1)} It is the duty of the guardian of the property to manage the ward’s property and estate to the extent authorized by the court. General Duties and Responsibilities

1. To locate and marshall the ward’s assets

2. To take possession of the ward’s property under guardianship

3. To determine if there is a cause of action

4. To try to increase the value of the ward’s assets

5. To keep the ward’s property in good repair

6. To use any special skills for the benefit of the ward

7. To maintain an accurate record of income and expenses

8. To file an initial inventory of the ward’s assets within sixty (60) days of his or her appointment

9. To file an annual accounting of the ward’s estate on a yearly basis as required by Florida Statute or local Administrative Rule

 

10. To petition the court for instructions to act or approval for actions

11. To hand over the ward’s assets to
the person lawfully entitled to them upon termination of the guardian

B. Annual Reports:  In addition to the initial plan, annual guardianship reports must be filed within ninety (90) days after the last day of the anniversary month of the guardian’s appointment. This report must include the annual guardianship plan and the annual financial return. All guardianship reports must be filed in a timely manner with the probate division of the circuit court. The ward, except in certain circumstances, and his or her attorney, if any, must be served with a copy as well. Failure to file annual reports may result in sanctions against the guardian. {F.S. 744.367} Written objections to any portion of the annual report may be filed by any interested person, including the ward, within thirty (30) days after the annual report has been filed. If such an objection has been filed, the court must set the matter for hearing and conduct the hearing within thirty (30) days of the date that the objection was filed. {F.S. 744.367(4), (7)}

Court:  CONFLICTS OF INTEREST:  General:  It is essential to the proper conduct and management of a guardianship that the guardian be independent and impartial. The fiduciary relationship that exists between the guardian and the ward may not be used for the private gain of the guardian, other than the payment of fees and expenses reimbursable to the guardian as provided by law. The guardian may not incur any obligation on behalf of the guardianship that conflicts with the proper discharge of guardian’s duties.       (F.S. 744.446}

Restrictions:  If the guardian engages in any prohibited activity without first obtaining a court order authorizing the guardian to do so, the activity is voidable by the court and the guardian may be removed. The guardian may also be liable for a surcharge or subject to other sanctions available under the law. If the guardian is not sure about the appropriateness of a particular action or about the guardian’s relationship to the ward, the guardian should consult an attorney. {F. S. 744.446(3)}

Choosing the Guardianship Attorney :  There are three main questions that should be considered when choosing a guardianship attorney:

1. Does the attorney have adequate knowledge about guardianship law? How many guardianships has the attorney administered? Does the attorney appear to be charging the guardian to learn how to do a guardianship?

2. Does the attorney have the adequate time to devote to the case? Does paperwork take an unreasonable time to be generated by the attorney? Is the attorney available when the guardian needs to consult?

3. How is the guardian treated personally by the attorney and the attorney’s office staff? Do they give the guardian the time and advice needed? Does it seem as though it is a bother for them to attend to needs of the guardian?

        A report self-published by a professor at Washington University disputes the claim that HOAs protect property values, stating, based on a survey of Harris County, Texas (which had an unusual legal regime regarding foreclosures): “Although HOA foreclosures are ostensibly motivated by efforts to improve property values, neither foreclosure activity nor HOAs appear linked with the above average home price growth.”[32] ·        Florida courts have noted that a claim for deficiency in a foreclosure action does not accrue until the foreclosure sale has occurred. Thus the five year period starts at the time of the foreclosure sale (not the time of the default).

·        With the above being said, please understand that this response is a general comment about the law and is not expressing a legal opinion about the very general fact pattern raised herein. As such, this brief response may not be relied upon for any purpose. Please con The Florida Statute of Limitations (time to enforce) the Promissory Note is 5 years from the time it went into default. What defines when that default is can have more than one meaning.

        If your property has been foreclosed, the time starts with the date of the foreclosure sale. If your property has been sold at short sale, the time is the date of the closing (although it could be a few days later whent he lender gets its money from the sale). If it is a deed in lieu of foreclosure and there remains an unsatisfied deficiency, it is the date of the recording of the deed. If the lender takes no action at all, such as a 2nd mortgage lender that does not defend its worthless mortgage, it can be the date of the foreclosure of the first mortgage OR the date of notice of the default in the 2nd mortgage promissory note.

        There is also a rule on how long a plaintiff can keep open a foreclosure lawsuit that has no activity. That rule says after 1 year of inactivity, the lawsuit can be dismissed by the court. The rule is referred to the “Failure to Prosecute Within One Year” rule. IF the court dismisses the lawsuit after one year and before the bank asks for a deficiency judgment, the lender can still file a new lawsuit and sue just on the promissory note unpaid balance. Some people think that once the one year has past, they are free of the deficiency after a foreclosure. This in incorrect.

 

  sider obtaining formal legal advice if you have a specific fact pattern with respect to which you need an answer.

·       ·        Copyright 2010 Richard P. Zaretsky, Esq.

 

 

 

·  

 

 

     Definition of guardian   A guardian is a person who has been appointed by the court to act on ·        behalf of a ward’s person, property or both. {F.S. 744.102(9)} The guardian may  exercise only those rights that have been removed from the ward and delegated   to the guardian. {F.S. 744.361(1)}

Limited Guardianships      In situations where the court finds that the incapacitated person lacks some ·        but not all of the capacity necessary to care for his or her person, property, or after  the person voluntarily petitions the court for appointment of a limited guardianship,  the court will appoint a guardian to exercise only those legal rights and powers  specifically designated by the court order {F.S. 744.102(9) (a)}.   The concept of a limited guardianship recognizes that the incapacity of  each person is different and permits a guardianship to be imposed only to the  extent required by an individual’s actual mental and functional limitations. The  limited guardianship is designed to encourage the most self-reliance and  independence possible, and to be the least restrictive alternative to a complete or ·        plenary guardianship.

·        Guardian as Fiduciary:   The guardian is the incapacitated person’s fiduciary. The Guardian occupies ·        a position of special trust and confidence for the incapacitated person. As afidu
ciary, the business the guardian transacts or the money or property which he or  she handles, is not his or her own for his or her own benefit, but for the benefit of the  incapacitated person. The guardian must be independent and impartial.  A guardian who is appointed to manage the incapacitated person’s  financial affairs must protect and preserve the incapacitated person’s assets and  manage the assets as a “prudent person” would in managing the financial affairs of   another person.

   

. {F.S. 744.309(2)}. Also a Trust  company, State Bank, National Bank, or a Federal Savings and Loan may be a  guardian. {F.S. 744.309(4)} A non-profit corporation organized for religious or  charitable purposes may be appointed a guardian. {F.S. 744.309(5)}

 

·       

.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

monday august 27th 2012 @ 4:14pm email sent to police to remove guardian put inpackage to send to lawyers and judges and congressman and governor

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 25th 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 18th 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 3rd 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 18th 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

 

              

 

 

 

Wednesday August 29th 2012 @ 2:30pm letter(13 pages) for package (15 documents)

Mary Jean Ziska                                                                                                                                                                    5632 Whisperwood Blvd. #1601                                                                                                                                                       Naples, Florida  34110                                                                                                                   August 26, 2012

Governor Rick Scott                                                                                                                                                        Office of Governor Rick Scott                                                                                                                                                               State of Florida                                                                                                                                                                               The   Capitol                                                                                                                                                                                     400 S. Monroe St.                                                                                                                                                                 Tallahassee, Florida  32399

  

Dear Governor Rick Scott:    

Enclosed is a package consisting of 15 documents (listed below)
.  Each package contains information and documentation composed of letters and emails sent to my guardianship lawyer:   Larry Pivacek, and my guardian:   Patrick Weber, over the course of this past year’s events.  These documents   provide evidence of the issues and problems encountered during this past year’ experiences in dealing with the judicial and guardianship departments in Collier County.   

The purpose of  guardianship assistance  especially within my “limited guardianship”  is to  assist  in  only legal  and  financial  matters.  Definition of a guardian:   a person who has been appointed by the court to act on behalf of a ward’s person, property, or both. (FS 744.102(9)).  The guardian may exercise only  those rights that have been removed from the ward and delegated to the guardian F.S 744.361(1)).  The limited guardianship is designed to encourage the most self-reliance and independence possible and to  be the least restrictive alternative to a complete or plenary guardianship.   A guardian who is appointed to manage the incapacitated person’s financial affairs must protect and preserve the incapacitate person’s assets and manage the assets as a “prudent person” would in managing the financial affairs of another person.  The attorney for the alleged incapacitated person must represent the alleged incapacitated person’s expressed wishes, unless they are contrary to the Florida Rules governing attorney’s conduct ( F.S. 744.102(1)).     

 The oath taken by guardians( as per FS 744.347) “prior to exercising authority every guardian must take an oath that he or she will faithfully perform his or her duties as a guardian”  

I am writing this letter to  enlist the assistance, of  the lawyers,  judges, congressmen, and   government  official in rectifying   consequences of  many transgressions that  are harming my homeownership,  my life my civil liberties and rights.   I am recording the events and supplementing the events with  the emails and  the letters sent to both Patrick Weber and to Larry Pivacek  during  this past year while I  have been under their control  as per  the  limited guardianship of  Patrick Weber and my guardianship lawyer Larry Pivacek. 

 

I will list the points and problems in numerical order.  These points catalogue topics that I have encountered with the guardianship assistance program and address my personal experiences as follows:  

1.            Limited  or at times  no contact personally between guardian and guardianship lawyer attempted   through emails, telephone conversations and personal meetings.  Responses were few,   if at all. 

*I rarely received answers from Patrick Weber when I emailed or called his office.  I never received notice from him as to the court dates and what he was going to say or do in those court cases concerning  the HOA, or any of my welfare concerns.  I thought I could turn to him for assistance  and was supposed to  let him know of any injustices so that he would be able to  remedy  the  situation.  Examples such as:   When I told him that the front gate of my condo claimed that the sticker on my car was disabled due to the non- payment of the HOA fees( which is still a case that is still in the courts)HE DID NOTHING!  When I found the telephone number and contact information ,  for Wels Fargo corporate that would be able to make the bank a co- guardian and  assist  in  banking accounts and  would with court approval be able to help in attaining  the  equity line of credit  from my condo, HE DID NOTHING!  When I alerted him to the fraud on my credit report,    including additional mortgages amounting to over $800,000.00, HE DID NOTHING!   When I found documents that David stern  had lost my original note which with proper  litigation would have in itself,  cleared the title on my condo HE DID NOTHING! When I alerted him and filed police reports detailing items including $1000.00 that had been stolen HE DID NOTHING! 

2.            Guardianship monitoring by the Florida courts  was nonexistent.  Annual reports/ visits are neither scheduled nor completed .  No reports/ results  given to  ward. 

*Patrick Weber has only been to my home once  and that was years ago.  The reports detailing  my expenses and the bills( I myself pay online) I gave to him the first meeting of last year.  In my expenses I outlined  the bills I had paid in the past, and the estimated billed expenses including electric, car insurance,  cable /internet service etc. .  He should  have  had a complete understanding of my cost of living.  His negotiations  concerning the HOA dues hat need to be paid   are very unreasonable!    If he took the time to even look at the  monthly budget and expenses  used, he would   have understood that  the medical disability  alone doesn’t cover all normal expenses.   I brought that fact to this attention   at our first meeting when  I wrote a letter requesting my independence and was talked out of it by both Patrick and Larry on the grounds that his assistance as my lawyer and my guardian was paramount in my defense for the foreclosure  suit and paramount in attaining  the equity line of credit, and  any additional benefits at  this  point in time of my life.  I do not believe that he submitted any reports and if he did he never gave me any copies nor provided me even with  the  information  or written documentation. 

 

3.            In addition to the  initial plan , the  annual guardianship reports must be filed within ninety (90)days after the last day of the anniversary month of the guardian’s appointment.
  This report must include the annual guardianship plan and the annual financial return.  All guardianship reports must be filed in a timely manner with the probate division of the circuit court.  The ward except in certain  circumstances, must be served with a copy as well.  Failure to file annual  reports may result in sanctions against the guardian ( FS 744.367) Written objections to any portion of the annual report may be filed  by an interested person including the ward within thirty (30) days after the annual report has been filed.  If such an objection has been filed, the  court must set the matter for hearing and conduct the hearing within  (30) days of the date that the objection was filed ( FS 744.367(4),(7)   

*No action plan for this past year was  given to me!  If one had ever even  been written.   No report, or plan of action after development was written up and given to judge or to ward.   Even worse, not following through with any of the items discussed at first meeting  which should have been included in the  plan of action for this year of limited guardianship were ever addressed.    To have a copy of the annual review of the guardianship report and plan as per the rights of the incapacitated  ward that  are retained by the  ward (FS 744.3215(1)) No sanctions were ever imposed upon my guardian or guardianship lawyer  due to the r failures in my case! 

 

4.            Limited help by guardianship lawyer to  assist in my expressed wishes  and to contact my guardian  for  current situations.

Minor assistance :  trying to get response from guardian by contacting guardian lawyer,  address problem with condo association, stopping of  guard gate pass, fraud from the companies of  Comcast, Empire Today, and  Sears.  Having to file police reports when money and items were stolen from my home   I attempted to contact Larry Pivacek on numerous occasions via phone messages and emails to tell him what my guardian was not doing, situations that were not being even addressed, and requesting his assistance making the guardian at the very least answer my concerns. Most occasions I received the same email back, telling me that  he does  not handle anything to do with the  foreclosure case only the guardianship case.  Many times the requests were  to have the guardian actually do his job, such as assist in   increasing the  medical disability payments, or even contacting the guard gate so my pass would again work,  or to call my bank concerning the equity line of credit!  Or to assist in clearing  my title when  all the fraud was found, or even  for me to even get a different  guardian…. One who actually did his job in protecting  my rights and cared about my concerns for my  life! I’m sure as a guardianship lawyer he was supposed to  do more than meet with  me  at the initial  meeting  at Patrick’s  office!   The minor assistance received by my guardian and my guardianship lawyer has left me  feeling very neglected  and not  legally represented in the best possible manner.      When I could  not   get assistance from my guardian ship lawyer,  especially to have my guardian removed, I emailed  the police, sheriff,  probate office, Then I  went further, emailing troubleshooter channel ( 4)  and other the local television stations, channel  (2) and channel(7)   to alert them of the misconduct.  I contacted the Florida Bar Association, the local Collier County Bar Association, to see what I needed to do to file a formal complaint. I sent emails to  rick Scott, the governor and to the congressmen  Connie Mack and  Cliff Sterns  to notify them of the  problems with the judicial system concerning the guardianship  cases in Collier County especially  mine!  I have  sent sealed signed receipt packages containing the 15 documents  to:  Judge Cynthia A Pivacek, Judge Vincent Murphy, Judge Elizabeth Krier, Congressman  Cliff Sterns, Congressman Connie Mack,  The Florida Bar Association, Governor Rick Scott, Collier County Bar  Association,  Attorney  Gloria Fletcher, Attorney Larry Pivacek, and Attorney Patrick Weber.  My hope is that  everyone will receive this information  and   the negligence  will stop and actions can be taken to rectify the grave injustice that has occurred  which may result in me losing  my  home! 

  

5.            Fraud upon the court:   as per the  waiving the statute of limitations/ attempting to use his friend to get a loan from regions bank but then not getting any real loan….   to pay the  equity line of credit….telling me to keep him for my guardian  for this entire  year,  I believe  these were  questionable ethical concerns and possible conflicts of interest  but the  attempt  to  make money by being paid through the court system as a guardian, when none of the  duties of a guardian were being performed by my guardian!  This was a clear misrepresentation of  his duties.   His  concern for my welfare  as my guardian  is not visible.  He is  using the courts  to his advantage for his payment of services rendered when nothing is being accomplished.   He should have  been able  to clear most of these situations within a  years’ time given his “connections” and “resources” . It appears to me,  as if he is purposely trying to allow me to lose my home, either through his negligence as a lawyer or as guardian or as both!  His lack of  honesty in correctly presenting the facts of the cases, obtaining correct legal representation if he did not know how to defend the case, and actually helping the HOA to  try to win their case when in fact he is supposed to be
representing me….  I believe  that Patrick Weber committed grievous injustices toward me, and the court system through.

 FRAUD UPON THE  COURT:  “In the United States, when an officer of the court is found to have fraudulently presented facts  to the  court so that the court is impaired in the impartial performance of its legal task the act known as fraud upon the court is a crime  deemed so severe and fundamentally  opposed to the operation of justice that it is not subject to any statue of limitations.  Officers of the court include lawyers, judges, referees, and those appointed guardian ad litem, parenting time expeditors, mediators, rule 144 neutrals evaluators administrators special appointees and any others whose influence are part of the judicial mechanism.        

 

6.            Rights of the ward:  The guardian’s role is to balance the protection and care provided to the ward with genuine respect for the encouragement of the independence still exercisable by the ward. 

Patrick Weber did not balance the protection and care provided with respect for the encouragement of the  ward:  One instance where Patrick Weber  definitely  did not represent my best interest occurred at the court house.  He told the HOA he would waive the statute of limitations (which had almost run out) so that he would be allowed to still foreclose on my home.  In the one year period   the delay had been that t Patrick Weber even though my guardian and a lawyer had no knowledge in how to defend a foreclosure suit.  As my guardian he was required to obtain competent legal counsel and in one years’ time had not been   able to obtain a lawyer with knowledge of foreclosure defense.  Also within this year, the other continued delay had been the ruling on the need to have  a guardian.  This ruling had not been determined.  I met with two nurses   and one doctor as per the requirements of the Florida statutes 744.  The doctor said he was not satisfied.  He wanted me to have 12 hours of tests costing approx.   $1500.00.   I’m not certain but I do believe that a delay also occurred because Patrick petitioned the court for money to pay for the unnecessary tests.     I thought this was   a horrible waste of money when  the guardianship was  strictly  for a limited guardianship and  only encompassed   legal and  financial matters!    The delays were legitimate concerns  and if the statute of limitations had run out or not , Patrick Weber’s concern should have been   my part of the case not on changing  the  law to fit the  HOA’s motivation for  their lawsuit!  In addition after the case, he winked at me and laughed  when I was upset at his remarks to backer act me, and  when I mentioned that the doctor (who  I could not find  listed in the directory of the AMA) did not even know how to  apply a pressure cuff when taking my blood pressure and after putting it on  backwards, and not being able to get  reading, he immediately  reapplied the cuff  to my same arm allowing for a very inaccurate reading!  The point I was making was that Patrick Weber laughed at my remarks about the ir0ny of the incompetent doctor giving me a competency test!    

  Due to his direct action of telling the judge he would l waive the statute of limitations,  a date of sale for July 18th 2012 was set by the court.  He then proceeded to threaten that I would be backer acted because I stood up and told him he wasn’t allowed to waive the statute of limitations. I later emailed him legal definitions consisting of 25 pages including the definition of statute of limitations.  Prior to his actions, we had discussed his asking for a continuance primarily because of his lack of obtaining counsel   on my behalf to defend the foreclosure suit!    He did not  represent my best interest  afterward the final line of the agreed  order mentioned that  he accepted service  and will file a responsive pleading within 30 days from the date of  this order!   The “Agreed Order” case no. 07-3121-CC:   1- canceled the foreclosure sale that he allowed to happen (Thank God!)  2-  It vacated the final summary judgment to defendant Mary Jean Ziska.   3- motion to vacate default  a s to defendant Mary jean Ziska was granted   all of those points seems to  in my favor and rightly so since the entire foreclosure suit was not only  served to a person who was declared incompetent at the time of service, but  the guardian was not notified, no legal representation was provided,    and everything was done improperly! 

 The 4th point  for the  case no 07-3221-cc mentions that the defendants guardian agrees to accept service and will file  a responsive pleading within (30) days. The date  was June 21st 2012.  Patrick Weber should have not accepted service on the foreclosure  on my home for two very important reasons :  1- he still does not know how to defend a foreclosure suit    2- he has still not obtained legal representation on my behalf!   Hi primary purpose was to protect me from corrupt lawyers  (hence the   guardianship included his assistance in legal matters)…. But he himself did not protect me in the legal arena but instead his actions directly adversely affected my legal outcomes and are still affecting my life through his legal misdealing’s  done on purpose for my legal cases!  

 

7.            Nonexistence of the annual review report and plan for this past year.  Not following through with any of the items discussed at first meeting that was to be included in plan of action for this year of limited guardianship.   To have a copy of the annual review of the guardianship report and plan as per the rights of the incapacitated  ward that  are retained by the  ward (FS 744.3215(1))

a.            Items/topics that were  discussed that needed to be fixed:

1.        &
nbsp;  
Increase medical  disability money to help increase income.  Not only did I need the additional  money for living expenses but Patrick weber said I needed the  verifiable  steady income to obtain the equity line of credit that would be established to pay the HOA fees.

2.            Obtain the loan or equity line of credit from my condo for the HOA fees.

3.            Get a forensic audit for the title  of my condo  and any additional  documentation necessary to  establish  my title as free of debt due to the  past fraud from multiple mortgage  companies, the loss of my original note, etc.  and  clear it of  any fraud .   

4.            Defend this foreclosure suit by finding a great lawyer who knew  how to defend a foreclosure suit.

5.            He was to help me clear up the fraudulent items  of identity theft on my credit report thus increasing my credit score.  This was  also done  to eventually help with the  HOA payment.

6.            He was supposed to help protect me from fraud and criminals who have preyed on my life and on me  however I had at least three instances of  con-artist related incidences  by repair men who allegedly   were from Sears, sales reps who were allegedly  from Empire Today, and actual theft from Comcast! I have since  reported the  scams  and theft to the BBB and to Pam Bond’s office at the attorney general’s office!    I also had to  have a roommate removed when  $1000.00 was stolen  and have had to have  a supplemental identity theft report submitted and accepted to the police department when pictures,  information from my external hard drive, blog posts from www.mysearchforjustice,  were stolen!  Patrick weber did nothing to protect me or my property and I alone had to file  police reports and  no resolution has been found in the Comcast case, or the police reported missing items!

7.            He is in charge  of assisting me in legal matters, however  noting has been done  to instill any justice for the harassing, bulling and my eventual nervous breakdown at the hands  of Karen Kael and her  group.  The $5000.00 medical bill is still on my credit report  and harming my credit due to Karen  Kahel and  her bullying  friends from Ohio State.  Patrick Weber did nothing to assist in even  initiating a law suit for the intentional infliction of emotional distress that  led to the need for a guardian  and protection from harm and abuse  and  assistance  in legal and financial matters! 

8.            As for additional law suits, Patrick weber also did not  even initiate a  law suit to gain restitution for the$3000.00   monies taken by Ian Stein  during the  renegotiations of the Aegis refinancing .

9.            David Stern’s paperwork  indicated that my mortgage note had been lost, and the paperwork involved was extremely corrupt   and I needed legal  assistance  in making sure the  title was free and clear for my condo. The additional assistance  of  a  true professional lawyer was needed for   this mess to be cleared through  the  courts.   Patrick Weber was to have the resources  to accomplish this but he never did anything in this years’ time to remedy the  situation!  

10.          Patrick  said he would also  negotiate with the condo association as per the balances owed and since it was fraudulent to actually serve paperwork to the ward instead of the guardian,  he assured me that the  attorney’s fees and the   interest should legally be waived.  Now that the actual first foreclosure suit was dismissed I believe that  those expenses are not my responsibility however ,  I keep having  people call me  on the phone to threaten me with  amounts and settlements that are absolutely unreasonable!  I have had one person say that ah Patrick weber made a settlement for $62,000.00 and wanted $5000.00 down and  $500.00 payments a month!   The $500.00 a month is more than I receive at all for my disability payments each  month!   No true guardian who is aware of  my monthly budge t and expenses should have ever come up with such an outrageous payment!                                

     

 

8.            “To be restored to capacity at earliest possible time” as per the  rights of the incapacitated ward that are retained by the ward ( FS 744.3215(1))

When I first met with Patrick Weber and Larry Pivacek in 2011, I asked for guidance and direction concerning the status of the guardianship case.  My first request from them was advice and their recommended plan of action for my guardianship status.  I believed at that point in time I was possibly ready to have my independence restored to full  capacity.  Upon their advice,  and my limited funds to retain council I maintained the same limited guardianship status.  I  needed    legal representation which would  produce a result for  my best interest  in the foreclosure  case  and in numerous additional issues and  problems still unresolved.  These situations ,  would have been  overwhelming to handle all by myself so  I< font>  depended on   both Larry and Patrick  to do what they said they were going to do and legally represent me.   Enclosed is the letter I presented to the two nurses and the doctor and the two lawyers the day of the evaluation.  I also brought pictures of my living accommodations, my  ability to take care of myself  and my surroundings, my budget and  current status of the bills  which encompassed my  living expenses!    This limited guardianship   was to aid in areas we discussed and I trusted them to be participants in helping to rectify and remedy   the worst experiences of my life!  Having any type of guardianship still means I am deprived of certain rights and trusting that these individuals delegated by the court system be diligent in their effort to assist me.  I have experienced no  support system that makes me feel that my  wishes and best interest are being  considered  and am completely disappointed in the  entire year of guardianship where nothing  was  remedied, where  negligence  was persistent and    prevalent and where my trust in justice and an honest legal system is being tested and questioned.         

 

9.            To be treated humanely with dignity and respect  and to be protected against abuse,  neglect, and  exploitation.    As per the  rights of the incapacitated ward that are retained by the ward ( FS.744.3215(1))

a.            Threats of being backer- acted by lawyer  when  ward standing up for rights  and when lawyer said he would disregard/waive the statute of limitations for  foreclosure. 

b.            Winking and  laughing  regarding  the  doctor  who  was to give final evaluation  that would determine  guardianship status. 

c.             No reply  or contact  regarding emails, letters and phone calls.

d.              

 

10.          To remain as independent as possible including having  preference as to place and standard do living honored  as per the rights of the incapacitated ward  that are retained by the ward( FS 744.3215(1)).

I have maintained my independence by residing  in my own condo (5632 Whisperwood Blvd. 1601 Naples Florida 34110) since  1999.  I worked on three different businesses while living here:  a faux painting business: (M&M Decorative Painting);  a babysitting business: ( A Tender Loving Care Service) ; an etiquette school: (  A TLC Prep) My choice for living accommodations is to reside in the condo  that I  selected with my father and mother in 1999 and where  I moved into my condo  April 1999!  I am very upset  that my home ownership is being  threatened by allowing guardians and lawyers to make decisions  about a “deal “  with the   HOA.  The amount of monies they are telling the HOA I will pay each month as a settlement is more than my current income, does not allow for any  normal bills to be paid such as electric, gas, car insurance, toilet paper and tampons !  It does not allow for additional HOA fees to be paid which will create the same situation   of unpaid HOA fees all over again!  They are single handedly and very insidiously setting me up for failure and for the loss of my home!    This is my condo, only my condo!  I am the person who selected the white tile,  and has had this residence as my home address since 1999!  I have had many plans for my residence and for how I wanted to live in my residence…. and for the past ten years my life has been on hold while I have had to clean up one mess after another and still nothing is completely rectified!  My wishes are  to have  everything fixed and to once again be able to decorate my condo, plan my life and live out my wishes and dreamed for my future  minus all the problems!    My guardian and lawyer for my guardianship should know this but I don’t believe they have actually asked me,   and I know for certain  we have never sat  down to plan out how  not only  how  past can be remedied but how the future will be mapped out and accomplished!

 

11.          To receive prudent  financial management of  his  or her  property and to be informed how his or her property is being managed as per the  rights of the incapacitated ward that are retained by the ward ( FS 744.321(1))

To be certain, I do not believe that given  the current situation and my  financial  income budget, that neither Patrick weber nor Larry Pivacek   would have created the same  deal for them given the same  monetary circumstances!  I understand the basic principal of debt:  more money has to go out than comes into a household…. Therefore  at the basis of their plan for repayment of the HOA more money  ( $500.00) just for the repayment of the HOA fees would be going out than  the( $465.00) that  is brought  into my household per month!   There is no one that  would agree to such a deal and both these people are supposed to be standing up for my rights in the  financial  department… it is unthinkable  that such a travesty should occur!   Are they taking advantage of their power to handle financial matters? In fact, the lump sum that Patrick Weber decided upon is outrageous!  If I had $5000.00 for a lump sum  to give the HOA I would have rather spend it on a lawyer who was able to defend the foreclosure,  to reduce the  amount owed and to actually practice law in my favor!   A decision such as that would have been in my best interest.  I am not living an opulent life
style, over this past year  I have had to cut my own hair to save money,  take whole milk and water it down  to  make it  last longer, I have had to  water down shampoo, and conditioner… have had to  forgo shopping  for  any extras  for myself and have only spent money I have saved for  my families holiday gifts!  I went for an entire year without any air-conditioning which was really difficult when the weather was  very hot and humid.  I did all of this to limit my budget and  live within my means!    I do not have a cell phone, but only use a magic jack attached to my computer and I only have one cable expense… the internet for my outside  communication !  I am completely disgusted  that the people entrusted to help me  would not  acknowledge any  of this and make a deal that  is completely unacceptable financially!  I know they would not  sacrifice as much as I have and then make  a  settlement and payment  schedule such as the one I am being told  they  worked out for me….    The power given to guardians  to make decisions that they alone would never accept but that they accept on behalf of their wards,   to me is unacceptable and borders on grievous  especially when conditions are set for failure due to the  outlined  stipulations!  Such decisions should d be over ruled by a court system that recognizes that no one person or group of persons should have ultimate power and control for financial or legal decisions that would harm the ward even if they are a guardian! 

  

12.          To have access to the courts, as per the rights of the incapacitated ward that are retained by the ward  (FS 744.321(1)).  

Patrick Weber  and Larry Pivacek  have not allowed me to speak  when  the few times I was in court! I was told to be quiet to sit down and not  to do or say anything!   Have emailed the probate court to request that a new and more qualified guardian be appointed for my  guardian.  The email however took 22 hours from the time I emailed it/sent it…. To the time the carbon copy I emailed to myself arrived in my mail box.  I can only assume that there was a glitch in my outlook account for that moment  and not some  hacker preventing me from  access to the courts!  I am sending this package to  a number of people in the court system and will be putting this letter and the contents of the package on the internet in my website:  www.mysearchforjustice.com  under the blog entries once it is mailed!     I will assume that each and every recipient will receive the original package and all its contents otherwise  not only will  I not have  access to the  courts, but there would be mail tampering involved and involvement of felony charges based on mail  fraud/tampering would be:  (FS 817)    I have  a right  to have access to the court system just as any other person who does not have a guardian has a right  to be heard by a judge concerning my life!            

 

13.          To be represented by counsel: 

As one of my rights as a ward, I have the right to be defended in any lawsuit by counsel.   I should say I have a right to have counsel that is competent in defending any law suit!  I have Larry Pivacek  who is supposed to be my guardianship lawyer, he is supposed to  represent me concerning  my guardian.  He has consistently emailed me  every time I email him that he is only my guardianship lawyer and gives no counsel on any other  topic.  I have to date not received any counsel from Larry concerning  any guardianship  questions.     I definitely need to have a lawyer represent me in every  instance who has knowledge of the areas that are affecting my life, my homeownership, my independence and  every other area   necessary  for legal representation!    These areas include:      

a.            Defend foreclosure suit with qualified lawyer who is competent in defending foreclosure suite neither brought on by HOA.  Neither Larry nor Patrick  have any knowledge on how to defend  a foreclosure suit!   So  on that basis alone, I need additional representation for  the various areas that  are  currently under unqualified and  unsatisfactory representation.

There is also a rule on how long a plaintiff can keep open a foreclosure lawsuit that has no activity.  The rule says that after 1 year of inactivity, the lawsuit can be dismissed by the court. The  failure to prosecute  within one Year,    *The” failure to prosecute within one year” rule.  If the court  dismisses the lawsuit after one year and before the bank asks for  a deficiency judgment the  lender can still file a new lawsuit and sue just on the  promissory note unpaid balance .    This valuable entry from a document I gave to Patrick and Larry in an email.  It was of course ignored, and instead   the Patrick who threatened me, laughed and winked at me when I was in distress, used the knowledge against me and in favor of the HOA which set a sale date of July 18th    for my condo when he had no knowledge of how to defend a foreclosure and  defiantly  proved his incompetence in regards to this matter by his actions.  These actions  adversely and directly  affected my home ownership! !             

   

b.            Reduce settlement   by qualified lawyer or legal representative.  Since Patrick Weber or Larry Pivacek  is not privy to basic principles of debt, a knowledgeable representative  who can create a settlem
ent that adheres to my budge may be required!  A qualified  lawyer who is well versed in settlement negotiations   is defiantly required!  I need additional representation for the various areas that are currently under unqualified and unsatisfactory representation.     

 

 

14.          To receive notice of all proceedings related to determination of capacity and guardianship unless the court finds the incapacitated person lacks the ability to comprehend the notice.  As per the rights of the incapacitated ward that are retained by the ward (FS 744. 321(1)). 

Patrick or Larry have not notified me of any of the court dates or court  appearances.  I received some of  my information from phone messages or forwarded emails sent by my mother Marion Gregory.  She is not my legal guardian,  nor my guardianship lawyer, nor my negotiator, nor  is legally able to speak for me or my wishes or on  my behalf! It is not her job but the job of my guardian to notify me of any court dates and the reasons for the court dates!   I have not been receiving direct emails from Patrick Weber even though I have been sending him direct emails via his email address at  his office. I receive no response back!   I have only received court documents sent in the mail.  Last week I  was told that Larry, my guardianship attorney called my mother to get my address.  I  would think after being my guardianship lawyer for the past year he would be privy  to information such as my address! I thought  my guardian and guardianship lawyer  would have been required to have files full of  information on my behalf.    This method of communication has been unacceptable!   I have resorted to  sending   emails to other departments in government  for additional  assistance, for information,  and  to attempt to  get help !   I have even sent emails to the probate court,  who then told me they were sending information to the appropriate judges and the lawyers on my behalf. 

Both  Patrick Weber and Larry Pivacek   don’t appear  to want  to assist in rectifying any of the situations we discussed upon our first meeting!    So I will need additional legal representation to address their replacement as well!    

 

15.          To determine  how  payments were to be made  to the HOA: 

a.            Use my  bank as co- guardian:                                                                                                                                 When I first did any research on guardians,/guardianship  I  looked up (FS 744).   Within the (FS 744) was a chapter that stated:  “Also a Trust company, State Bank, National Bank, or Federal Savings and Loan may be a guardian (FS 744.309(4))  A non –profit corporation organized for religious or charitable purposes may be appointed as a guardian ( FS 744.309(5)) “    Under this ruling  I requested Patrick Weber have as a co guardian a bank.  I requested my bank and asked my branch manager for information on  guardianships and trusts.  She gave me a telephone number which I passed along to Patrick Weber to see what criteria, guidelines and qualifications were necessary to establish a bank as a guardian.  To my knowledge, he never even checked on the bank as a guardian. His negligence cost me an equity line of credit through my bank or any bank that would have qualified.             

b.            Patrick’s connection and  Regions  bank loan:    Patrick Weber  decided to contact his friend who worked for Regions Bank to assist in making preparations for the repayment of the HOA.   He did not tell me who he spoke with concerning the monies. He did not tell me whether it was to be an equity line of credit, or a loan for the monies.  He did not tell me what the interest rate would be, or confirm how much payments  would be each month.  He did not tell me what the  total amount would be that  he would try to obtain.  He did not tell me when this loan/ or equity line of credit  would be ready to use for the repayment of HOA!  I was told via hearsay (which means via a phone call from my mother and an email from my mother!)  that there was a loan that would have only a payment of $100.00 per month! I was told that I needed to save  for a balloon payment but that wouldn’t be for a while…. Then I heard two completely new versions of the repayment and settlement  for the HOA and the entire process has been a nightmare!   

c.             Equity line of credit from my own bank.:  I asked  Patrick Weber  to check on using my bank for the equity line of credit .  It is the bank where the direct deposit for my medical  disability payment is made.  The bank account from which  I pay my bills.  The bank account  where if an equity line of credit  existed I would only have to access one website to make sure that no identity theft or  problems arose, or where a direct payment  for the  HOA could be easily monitored and  carefully maintained!  As far as I know, Patrick Weber never even checked on the  options of procuring an equity line of credit from my bank for my condominium  to repay the HOA fees! 

In conclusion, I am writing to enlist the assistance of the proper authorities and to call attention to the neglige
nce in completing any of the initial objectives for this past year 2011-2012 while I have been under the  direction of my guardian Patrick Weber and my lawyer for the guardianship Larry Piviach.       The events of this past year should have produced results allowing for assistance in both financial and legal  state of affairs.   For closure and  remedy to long standing situations.   For accountability, culpability, sanctions and consequences  where it  is  warranted.    For adequate resolution and finality to a multiple  of  unforgivable circumstances. 

Thank you for your kind attention to this letter.

Sincerely,

Mary Jean Ziska                                                                                                                                                        5632 Whisperwood Blvd.  #1601                                                                                                                                                           Naples Florida  34110                                                                                                                            whatabtmary@yahoo.com

       

The enclosures:

1.            Information and definition for Patrick Weber from Mary Jean Ziska Fri may 25th 2012 @ 10:56am

2.            Letter/speech I gave to Patrick Weber and to the members of the evaluation committee

3.            August 16th @ 2011@ 3:32am (random notes Florida Statutes/guardianship and foreclosure)

4.            Agreed Order:  case no. 07-3121-CC

5.            Hi Patrick,  Once again I am trying to reach you and keep getting your voice mail. I left a message today June 28th @12:37pm….

6.            Message from Mary Jean Ziska August 7th 2012 evening concerning removing my guardian Wednesday August 8th 2012  11:09am    Dear Larry august 7th 2012 @ 8:11pm

7.            To whom it may concern:  August  8th 2011 11:20am

8.            From Mary Jean Ziska (mail to : whatabtmary@gmail.com) Sent Wednesday, August 08 2012 2:30pm  To  Minutes and Records

9.            Fwd.:  message from Mary Jean Ziska august 7th 2012 evening concerning removing my guardian Wednesday 8, 2012 2:47pm

10.          BLOG.MYSEARCHFORJUSTICE.COM:  July 2nd  email sent to sheriff office as complaint against guardian’s actions 

11.          Called the collier clerk of courts today:  august 8th 2012 at 11:30am to request email address for transcript in writing for court date August 6th 2012 involving the motion for extension of time granted ( 20 days were granted)

12.          On Monday 8/6/12, Mary Jean Ziska whatabtmary@yahoo.com      Hi Patrick, I emailed you last year concerning having a co guardian as a bank….                   

13.          To whom it may concern:  August 16th 2012 @ 3:22pm   Patrick Weber is the guardian of Mary Jean Ziska.  It is a limited guardianship restricted for only his assistance in financial and legal matters.  I have been trying to  report his misconduct

14.          cid@colliersheriff.net   It is now 5:15pm on august 23rd 2012, my name is Mary jean Ziska and since your  office is closed  I am emailing you concerning the group of identity thieving con-artist 

15.          Hi Larry, August 23rd 2012 @ 9:18pm   replying  to your  email… I was chatting with magic jack

 

 

 

Wednesday August 29th 2012 addresses for packages

packages with contents of 15 documents and a LETTER CONSISTING OF 13 PAGES:
LIST OF PEOPLE PACKAGE WAS SENT TO: 
1.  COLLIER CONTY CLERK OF COURTS
PROBATE DEPARTMENT
3315 tAMIAMI tRAIL eAST
NAPLES FLORIDA 34112
TIME MAILED:
DATE MAILED:

2.  JUDGE eLIZABETH kRIER
COLLERCONTY GOVERNMENT COMPLEX
3315 TAMIMI TRAIL EAST
SUITE 402
NAPLES FLORIDA  34112
TIME MAILED:
DATE MAILED:

3.  PAQTRICK C WEBER
FLORIDA BAR MEMBER NUMBER : 397059
4670 CARDINAL STREET #310
nAPLES FLORIDA  34112
TIME MAILED:
DATE MAILED:

4.  GOVERNOR RICK SCOTT
OFFICE OF GOVERNOR RICK SCOTT
STATE OF FLORIDA
THE CA[ITOL
400  S. MONROE ST.
TALLAHASSEE FL. 32399
TIME MAILED:
DATE MAILED:

5.  GLORIDA FLETCHER
4510 nw 6TH PLACE
3RD FLOOR
GAINESVILLE  FLORIDA  32607
TIME MAILED:
DATE MAILED:

6.  CONNIE MACK
14TH DISTRICT CONGRESS
115 CANNON HOUSE
oFFICE BUILDING
wASHINGTON dc   20515
TIMEMAILED:
DATE MAILED:

7.  cONNIE mACK
14TH DISTRICT CONGRESS
3299  TAMIAMI TRAIL EAST
SUITE #105
NAPLES FLORIDA  34112
TIMEMAILED:
DATE MAILED:

8.  JUDGE VINCENT MURPHY
COLLIER COUNTY GOVERNMENT COMPLEX
3315  TAMIAMO TRAIL EAST
SUITE #301
NAPLES FLORIDA  34112
TIME MAILED:
DATE MAILED:

9.  CLIFF STERNS
2306 rAYBURN hOUSE OFFICE BLDG.
WASHINGTON dc  20515
TIME MAILED: 
DATE MAILED: 

10.  LAWRENCE SAMUEL PIVACEK
FLORIDA BAR MEMBER #  995258
2262 POYAL LN.
nAPLES FLORIDA  341125
TIME MAILED:
dATE MAILED: 

11.  fLORIDA bAR aSSOCIATION
651 eAST jEFFERSON sTREET
TALLAHASSEE fLORIDA  32399
TIME MAILED:
DATE MAILED:

12:  cOLLIER COUNTY BAR ASSOCIATION
3315 EAST TAMIAMI TRAIL # 505
nALES FLORIDA  34112
TIME MAILED:
DATE MAILED: 

6.  

Thursday september 6th 2012 @ 2:57pm email to sheriff office concernign sears, empire today, comcast

cid@colliersheriff.net

It is now 5:15pm on August 23rd 2012, my name is mary jean Ziska and since your office is closed I am  emailing you concerning  the group of identity thieving conartist that have hurt my life since 2003!   I just reported to the attorney generals  office  the three past scams that I have had to endure. One with a conartists who  said he was with sears, one with  empire today contractor, and one with  a Comcast account.  Al of these have happened  since march of  this year and I believe  it is the same people and the same monetary  motivated scam.  Oh I had  had a man who became my roommate  who told  me he was with the FBI… then changed his story  to say he was an informant with the  FBI…. Then I had Audry martin(his probation officer)  came  by to tell me he was actually on probation  for drug dealing!  His name was( farzad khosravi) .  I also had a roommate who was supposed to be a student from duke here on an internship named (casey dunn).     I now have a suspicion that he may have just been a friend of “felony fred” and not the actual real casey dunn at  all!    

One of the  con-artist scams they tried to pull on me was with a man who claimed to be from  Empire today and  he said his name was Alex Novak and was driving a blue Saab. ( I recently saw the same gentleman in a lime green jeep  twice with a girl who had white blond hair similar to   Karen Kahel a girl who tormented and bullied me and used to trespass into the strand….ever  since  I babysat for her in Carlton lakes while  she was  having an affair with  someone in 2005.    

I reported to empire today, to the  better business bureau and to the scam hotline of the attorney Generals office and to the state Attorney’s Office the same incident,  A man who came to my home  to allegedly do a presentation on selling empire today wood flooring.  He was already at my home  when I returned for the appointment.  The guard at the guard  gate said that no one from empire today had come in through the guard  gate for me yet… this is the first odd occurrence since he was already in my driveway.   The next odd thing he said with his New York accent was that  if I didn’t want to spend at least $4000.00 then he was going  to leave.  I told him to leave   because I didn’t know what the estimate would be… but since it was supposed to be  a special offered of buy one room and get one room free   I didn’t think that two bedrooms would cost that much. 

Long story short, he wasn’t even going to measure  had me read the estimate sheet….and the told me the  dark color I had chosen ( that was my preference) …. Wasn’t what he wanted but it will do… ( later I thought  of this and I think  his overpriced estimate of $7000.00 was to pad  the cost or to get extra products under my name  that he would later steal…. To use for himself… that is why he  was pushing for a brazilian rosewood…. Instead of the dark color I knew I wanted…. Also,  he reminded  me of the con-artist  Gerard Ahler who was from Brooklyn New York  and owned pro line contracting  and I did faux painting  on his sister Christine Martucci’s home in Marco Island in 2003.

I saw him with a white haired girl  in a lime colored jeep  …. In my complex and I know I saw that jeep (there can’t be that many of them…. In Naples about three doors down just two  days ago )…..  The girl in the passenger side of the car…. With white blond hair may have been the same girl Karen kahel  who had bullied and  tormented me since 2005. I didn’t; get  a good look at her, but  If so, they are then  the same working team… family or group that have been  stealing from me and my  family  since 2002….   and if they stole my identity….  they will have stolen other identities as well…..    The way they are doing this…. Karen lived in carlton lakes… when I was sitting for her son Greyson, she actually gave me instructions on how to   trespass onto my own property in the strand to walk her child in a stroller….  The is how for years she used to access the  strand property when she didn’t own property….   She was one of a few  employers  I ever  gave my social security number  to…. Long before   I knew anything personally about identity theft!  If the same group is still connected,  that would explain the  picture of the  girl  in the  picture by Greyson’s  bed who had long dark  hair, and dark skin, and dark hair, like the man she was in the pool with and the man who was my brief roommate  Farzad.  They may have known each other a long time!   

  It has been a never ending nightmare where I have been put through horrid experiences each and every year for ten years  in a row by the same group… always  huge drama… and I can see the scam in it I have tried to contact you and no one stops them…. No one catches them and they continue to steal and lie and to  take money  and possessions from my family and friends  and  from me…. Until there is nothing left…    I had the magic jack people tell me to not change the magic jack phone…. And today I get a call that   my home is in foreclose and I need to come up with 62 thousand dollars…..  Another con and another lie…the lies change every day…. The bullies change every day… just last week I got so upset I threw up… I don’t want to go through all of this again… I want the criminals out of my life! Forever!

 Because of all the fraud and con-artists.. I ha d a nervous breakdown… And now I have a  guardian who is supposed to  be dealing with helping me to stop them and to fix everything legally and financially….  But something is still really wrong….
. He has not helped me to fix anything… it’s as if some identity thief gets the help or money or assistance.. And I get more lies for yet another huge problem to go through…. I’ll bet they have figured out a way to con the money for themselves for another horrible experience! Because so far nothing has been fixed!

I saw on American Greed that a great deal of identity thieves are druggies and alcoholics… felony Fred was supposed to be a drug dealer….   And I was told he brought the drugs in from Canada through to Georgia then through to Florida….I have babysat for some really suspicious people at times and found my home broken into when I was gone babysitting…  and I still believe they are still all connected… the pole dancer  from Ohio who lived off Davis and left her kids for three days to get a new husband in Las Vegas…..  the times when I called the police to do an extra drive by  when I was out babysitting my jobs got cancelled,…. Tons of incidences….

I started a website  www.mysearchforjustice.com  but information about travelers…and gypsies  about the police who were trying to find and catch them and other emails and information and  notes I had  taken about these scams they have been  trying to  pull or what was suspicious to me … these blog post have been altered or some even deleted  or disappeared altogether….this was my intellectual property … copywritten  by my website ownership and  publishing….  Even information I had stored on my external hard drive just recently was stolen….  This has to stop…. How can I make it stop!  

 I will remember everything and I think they thought that  if they hacked into my blog  and removed information or took actual possessions and didn’t get caught…  that it was as if it didn’t happen… because  they have been able to get away with everything….every time…. They seem to run away with some possession or money or whatever they want,,, Please  stop them!   Please!  I am trying to give you as much information as I can ….  It’s pretty much 10 years’ worth…  and I’ve tried to do anything  and everything I can to contact the right authorities… to keep notes and even to put it in the website  so that the information is there in case they have messed up  the phones again or my computer or emails…  Did I mention that when I tried to send an email to the probate court last week it took 22hours  to send… I actually posted one day later as time stamped that it went through…that is not normal….  I contacted Microsoft and they agreed that is not normal they said when I pushed the send button for the email to be sent.. it should  have been sent that moment …. Not 22 hours later!   Also when I called the attorney general’s office,  he said that I should be able to submit  the fraud /complaint forms and hear back from then within a few days… and that who eve told  me not to email but just use the phone to call  the Orlando office instead of the Tallahassee office must have been mistaken.  He said that the Tallahassee office is the main office for the identity theft information and the crime /fraud investigations… I actually had a girl call to tell me to just call her about identity theft… and that she was located in Orlando when I called  the person who answered the phone  was an elderly  person… may have been the right   number or not I am not sure… or it could have been another  family  answering the phone and not a government office…   I need someone to  figure it all out… and stop any criminal behavior…..    

Please help me to stop them! I hate criminals….  

Anyway after submitting scam reports to Pam Bondi’s office, and the Better business bureau I received a case number of 94411096 from the BBB.  Do you want me to submit the full report to you?  These criminals that I have had to deal with have been the same group of scam artist and con-artist since 2002 when my identity was stolen. Then they stole possessions, , then some of my jewelry, business files and businesses..  Then phones and computers were/are still messed up and hacked into…. And now they are even trying to prevent me from protecting my own home ownership….. I have not received calls that I was told people had called me…   I even had the man from empire today say he actually talked to me and I had never called him or spoke with him until I called his 8/21/2012 at 2: 27pm and I left a message for him today at 5:30 pm at 8/23/2012.  My phone number is supposed to be 239-234-4065 but when I was chatting with 3 different people for magic jack assistance,  for 3 hours, my  id listed on my account for my  magic jack  was different than the  id that was  showing up as the product id when I plugged it into my computer….  Reference notes:

Magic jack chat sessions :  marrianne:  Ltk554080911677x;  Richie:  ltk554080912812x;  Maxwell:  ltk554080914906x;  Rodney:  ltk554080914906x 

Magic Jack info on account:  should say maryjeanziska’s  ziggy laptop  instead it says:  maryjeanziska#146;sziggylaptop    

The magic jack serial number on the actual unit I now possess:  2.0.13(a921400600aefa) when it should say: 010010043 which I entered when I first purchased this a year ago last November! 

 I have had bullies and people who have made my life hell   through the phone…. And I think that is somehow the same way these con-artist used the spoofed phone calls when I had a virgin Mobil cell. They would call into my cell phone with a similar number…. And gain access to my voice messages…   I had someone calling into my voice mail up to 15 times a day to retrieve my messages!  If they have either switched my actual magic jack or are getting into my  voicemail… or if my calls are getting re-routed… the criminals are again scamming me and my family and friends… … an something has to be done about it!     PLEASE HELP! Thank you for your kind attention to this email,

Sincerely,   Mary  Jean Ziska 

 

 

 Reference notes:

Magic jack chat sessions :  marrianne:  Ltk554080911677x;  Richie:  ltk554080912812x;  Maxwell:  ltk554080914906x;  Rodney:  ltk554080914906x  

Magic Jack info on account:  should say maryjeanziska’s  ziggy laptop  instead it says:  maryjeanziska#146;sziggylaptop     

The magic jack serial number on the actual unit I now possess:  2.0.13(a921400600aefa) when it should  say:  mary jean ziska’s  ziggy laptop