Privileged Attorney / Client Communication — Not To Be Published

Dear Mary Jean

Please be advised that I received both of your telephone calls today.  As you have requestedI will prepare the following paperwork for the Court to consider regarding your requests that:

1.  The hearing set for September 20, 2012 be continued;

2.  That Pat Weber be removed as your guardian;

3.  That the Guardianship itself be terminated and that the court order that your capacity and rights be restored so that you can have your freedom.

Please confirm that this is the course of action that you would like me to pursue.

Thank you very much for your attention.

Larry Pivacek

Privileged Attorney / Client Communication – Not To Be Published

—–Original Message—–
From: mary jean ziska <whatabtmary@gmail.com>
To: larrypivacek <larrypivacek@aol.com>
Cc: whatabtmary <whatabtmary@yahoo.com>; whatabtmary <whatabtmary@gmail.com>; maryjeanziska <maryjeanziska@mysearchforjustice.com>
Sent: Thu, Aug 23, 2012 9:34 pm
Subject: reply email to larry on august 23rd at 9 33 pm

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  directed 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….