Say “Yes” to His Yes!

TODAY’S SCRIPTURE

“For all the promises of God in Him are Yes, and in Him
Amen, to the glory of God through us.”

(2 Corinthians 1:20, NKJV)

TODAY’S WORD from Joel and Victoria

 

When God laid out the plan for your life, He lined up the
right people, the right breaks and the right open doors. In other words, He
already had your “yeses” planned out — Yes, you can accomplish your dreams.
Yes, you can overcome that obstacle. Yes, your children can fulfill their
destiny. Yes you can succeed. YES is in your future!

 

The question is, are you going to say “yes” to God’s “yes”?
Are you going to dare to believe Him — to get into agreement with His promises?

 

Start right now by declaring His promises over your life.
Start declaring that He is good and that His plan will come to pass. Don’t let
doubt and discouragement distract you keep your eyes fixed on Him because He is
faithful. His promises are always yes and amen. So say “yes” to His “yes”!

A PRAYER FOR TODAY

Father, today I say “yes” to You. I say “yes” to Your
promises and “yes” to Your ways. Help me to live a life pleasing to You and
bring You glory in all that I say and do, in Jesus’ name. Amen.

— Joel & Victoria Osteen

Mary Jean

I understand and will make all efforts to have the
magistrate discharge Mr. Weber as your guardian on Thursday, November 15, 2012.

I will let you know as soon as I hear the magistrate’s
ruling.

Take care and I will talk to you soon.

Larry P.

On Mon, Nov 12, 2012 at 6:11 PM, mary jean ziska
<whatabtmary@yahoo.com> wrote:

    Larry
Pivacek,         November 12th 2012  at 5:43pm

     no i cannot
attend….the court case on the 15th of December 2012…. I do not want to be
in a court room with patrick weber who threatened me ever again!  Plus that is only a few days from
now….  I have not left my home in
months….my anxiety level is extremely high when people harm me and my home
ownership….   I can be present via
skype if that is what the judge wants.. that way we can video tape it  and have it for  evidence 
if needed later for other cases…. but really?….What  the hell is going on?   I thought we had to have someone in place to
be the guardian when we request he (Patrick Weber)  be removed?  
and i told you i haven’t been able to reach scott renshaw…. He is
located in Texas…. right now living with his parents… but other wise fits
the criteria… I will still try to reach him maybe he can come here for a few
months or just a month when i can have a real 
evaluation by qualified persons to give me back all my rights….

    (is this the court
hearing that my mother mother was speaking about concerning the HOA?  )  ( i
wrote this line before speaking with you…. and knowing it was concerning the
guardianship  case…. )

     I want you
to  ask for a continuance…except for
removing  Patrick Weber…. for
everything especially  if it is….   and to still have him removed…do i need to
send information to the judge…. did you send the paperwork in the  mail? 
Aren’t  I   supposed to be made aware of these things  things way in advance?.. you told me the next
date for the court to be available l would 
be after Christmas.. remember i told you while in tears the last time we
spoke… that this would be the worst Christmas ever? ….

    Is there another
letter to bring  up my anxiety lever and
start me crying / throwing up?  …
another letter to make me throw up? definitely don’t need  all this hardship for trying to remove a
guardian that does not do his job.. ( from the beginning he never even did a
plan of action report and i can site tons of infractions and neglect and
misconduct charges that he has doesn’t 
throughout this past year while he has been my guardian… )   i cant believe that the judge have me keep a
guardian that  made me  so upset that i was shaking… and ready to
throw up at the court house…..

    I just  finished 
speaking with you concerning this whole ordeal…. I am hoping that you
really are  on my side in this court
case…   my wishes are to not have
Patrick Weber as my guardian especially since he has harmed my life… and my
home ownership… why would i think he would actually do anything to epresent
me  and help me when he has not done
anything so far…. .  I do not want him
representing me anymore since his actions have directly affected my life and my
home ownership….  in a negative
light….

     What type of
judge would make me have an abusive guardian?  
I  was supposed to have
someone  who i could count on who helped
me not hurt me… 

    I am also
requesting the court records… reporting…. right?   i think you said they were in the form of
CD’s of the court proceedings I  was not
able to attend… how much are they?

    As per the  bank account 
i thought i emailed you…about that….. i know i  filed a police report… someone opened a
bank account using my name and my social security number…. in late
October..at Patrick favorite bank… regions bank… where he had my mo go to
try to get a loan for me…. i still have not been told where the $5,000.00 is
that my mother put aside for me…. to use for this mess….   also i was told that a woman went into the
social security office and asked to have my medical disability sent to her bank
account… when i asked my mom she said it wasn’t her it must have been Patrick
Weber who was trying to get my money… these are the situation i have had to
deal with  while patrick weber has been
my guardian …. along with  his
threats… at the court house and 
his  sick amusement at  causing me to get upset….  His unprofessional behavior with the HOA paralegal….
when i guess he tried to waive the statute of limitations…  flirt with the  HOA paralegal / lawyer….His conduct
disgusts me… and already i get upset just thinking of how horrid it is that
someone who was entrusted by the courts… 
to help me… has damaged my life 
in such a short  amount of
time…..  Its worse than tragic….  It is unforgivable…. I needed his help
legally …. and his negligence and misconduct and abuse have left me with even
worse anxiety… and time limits  on a
horrible situation that i told you anything that happens to me is on his
head…. he is  directly responsible….
whatever happens…   i hold him and his abuse,
neglect and misconduct completely responsible!

    i can
definitely  say… He is no hero….       sincerely mary jean ziska 

    — On Mon,
11/12/12, Larry Pivacek <larrypivacek@gmail.com> wrote:

        From: Larry
Pivacek <larrypivacek@gmail.com>

        Subject: Re:
hi larry, message from mary jean ziska nov 12 2012 concerning removal of
patrick weber, HOA deal, guardianship fl statutes and my wishes

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

        Date: Monday,
November 12, 2012, 4:37 PM

        Mary Jean

        As per your
request, attached is the Notice of Hearing for November 15, 2012 where we will
ask the judge to remove Patrick Weber as your Guardian.

 

        I really hope
you can attend the hearing.

        Thank you for
your attention.        Larry

        On Mon, Nov
12, 2012 at 1:13 PM, mary jean ziska <whatabtmary@yahoo.com> wrote:

            E-mail to
Larry:

            Monday,
November 12, 2012 at 10:57 AM

            Dear
Larry, is there something I should know concerning court dates in the HOA? Or
removing Patrick Weber? I called my mom’s phone 
and received a message that she was expecting to go to court and to hear
from the HOA next week by Wednesday or Thursday ?  what does that mean?   when we’re in the process of trying to
remove  Patrick Weber as my guardian? Why
would my mother be going to court concerning my HOA case and not you or Patrick
Weber? I know this only because I researched information for retaining a new
lawyer with the legal experience in real estate law, homeowners Association
law, and mediation disputes. The company I located which would assist in
finding a lawyer appropriate to my needs 
and they required a retainer fee of $180. A  membership with the company would reduce  the cost of the lawyer’s hourly fees and
include  other benefits. When I first
spoke with my mother, she thought this was a great idea and requested the
telephone number and name of the company. The company is known on the web  as www.rocket lawyer.com.   I think this is a wise idea since legal
advice and assistance  is expensive and
Patrick weber was not able to retain anyone to assist when he contacted legal
aid.  I was looking at the Florida
statutes and it looked like legal representation would be assigned on a
rotating basis in  an office such as
legal aid… isn’t that the case?   When I
next called my mother’s phone/ home phone line I was told the services of this
company would be retained after decisions from the HOALA were made? Which was
completely different than when I spoke with her and she liked the idea of beign
proactive and  retaining  competent legal help asap!… What is going on?                                                                           
                                                                                                       As
per the Florida  statute 744 I am
guaranteed legal representation. I am guaranteed competent legal representation
in the fields necessary for any court/legal/financial areas under the
guardianship ruling. Since Patrick Weber has no knowledge of how to defend any
foreclosure suits, as it is not his expertise, I am by law guaranteed a lawyer
who can do what Patrick cannot do. Does the HOA understand this legal
principle? I was told the verbal agreement between Patrick Weber and the
homeowners Association was not binding and so I was upset for weeks over
nothing? I am glad that his horrid deal is not binding especialy since  he never discussed it with me nor did he even
take into consideration  my budget..
which he was well aware of  when I gave
him a copy in march….  I also was told
the homeowners Association is deciding whether or not to even  take a settlement deal concerning  payments on the back fees owed….? I thought
the whole court case was based on their acceptance of a settlement and that the
settlement had not been decided upon. If this has not been the case, please
explain what has been going on for this entire year.

 

            Since I
was told the idea Patrick Weber came up with is only a verbal agreement not
sanctioned by me or even discussed with me and not binding  in the courts, therefore I am not being held
responsible for his horrid deal and mishandling of this  legal situation  or his mishandling of my guardianship and my
freedom and my life am I?                                                                                                     
I also want to make sure that he cannot touch my medical disability
money especially since he was basing his stealing of my money to pay the HOA……(
which was a deal that  was only  based on his verbal agreement and his lies
for trying to obtain my money under false pretenses and false accusations
of  how the money is being spent each
month!)Did you know his lie in a legal document represents fraud uponthe court…
and is in itself a reason for removal of a guardian!   Within the court paperwork I received, he
lied…. By saying he did not know where my money was being spent  and continued to lie by saying I was
mishandling my money.  It is the exact
opposite!  when in fact I am paying my
bills with the medical disability money.  
I have and can’t produce paid bills to that fact concerning my electric,
and other bills necessary to living expenses… I can  prove I can and have been paying my own bills
appropriately in full amounts and on time 
for years!    I even wrote him and
you concerning my concerns about how unreasonable his offer was concerning  the HOA 
which would have left me without any money for buying items such as
tampons, and toilet paper… should I send those emails to the  judge or can you tell him or her for me…
?  

            As per my
request for complete independence I thought of another way to prove my ability
to care for myself  and my  home….. A have 
eight cameras throughout my home for security purposes that record
everything!  The tapes would prove my
ability to care for myself , ie daily chores… such as dishes, cooking,
eating,  cleaning, laundry,  etc.  
All the  proof of howl I can care
for my self  is not really even
encompassed within  the  guardianship parameters….. I still believe
that a 1500.00 is not  necessary and is
another example of his mishandling and mismanagement of the entire case….  How much is he being paid again to be my
guardian? And at what intervals are his payments begin made?….. just wondering
…. What his motivations is for not allowing my complete  independence restored, or legal council… it
would appear to me that since he was overburdened  to the point that he could not and does
not  return any emails or phone
calls  from me…  that he must be over burdened at work and  I would assume that  he would want this mater resolved and off his
case list  as soon as possible unless
there is a financial motivation I am unaware of that  makes him keep me as his ward and want  unnecessary 
tests that  cost sooo much to the
tax payers… when he is still not addressing the entire reason  he was 
enlisted as my guardian, and why he lied to me about  keeping him as my guardian the first day I
met with him and with you in his conference 
room…. And he told me that I needed to keep him as my guardian for
financial reasons so that he could represent me in legal matters…. I even   put a request  for independence in  a letter requesting my complete independence
restored in March 2012….and he convinced me to do otherwise…. I can prove that
I can cook or clean or care for myself and 
take care of my home and my resources….. But it seems absolutely  unnecessary to do so since Patrick weber’s
assistance was only as  a limited
guardianship and was only to assist in the financial and legal matters pursuant
to the problems with the homeowners Association past-due fees.  As per the Florida statutes ,  when a limited guardianship is put in place
for a specific purpose…. When that purpose is over,  or no longer necessary….the independence of
the ward is restored….  Patrick Weber was
not able to assist in any way possible 
and since Patrick Weber was unable to assist with the homeowners
Association negotiations I’ve been trying to contract other lawyers to assist
me where Patrick Weber failed. 

            Also based
on the grounds that he has not been able to assist me  with the legal matters at hand, I have been
trying  to have him removed so that legal
assistance can be provided that will legally represent me… not assist the HOA
….( as Patrick did when he tried to waive the statue for limitatieon.. and he
threatened to baker act me when I spoke up for my rights… and my wishes…. And
when I spoke up for his mishandling of my case) 
I want  a guardian and a  legal representative  that does not intimidate and threaten
me,  or 
neglect my needs or wants, and who can actually really represent me and
assist me which is what a guardian is supposed to do ….   

            When we
last spoke, I told you I was  trying to
contact Scott Renshaw to substitute for Patrick Weber’s guardianship until full
independence has been restored …..have you looked at the Florida statute 744
recently?  As per who can be a Guardian
,Scott Renshaw is located in Texas and as per 
the statutes unless we were married or related by blood he may not
fulfill the criteria     Are there  other parts of the statue I should look at or
other rules  and regulations that
could  apply so that he could be my
guardian and I can remove Patrick?  Can
you direct me to those rules and regulations?

            Also I was
told over the phone my mother wrote an e-mail (which I did not receive a copy
of) concerning her moving into my condo to assist with payments for the
homeowners Association past-due fees . 
When I spoke with my mom at my home, 
we discussed the option of her moving in here moving everything of value
out of her home  and that she was
planning on renting out  the top area of
her home ( she has a three-bedroom two-bath home upstairs and three apartment
units underneath )and   thereby saving
her home from any  foreclosure
proceedings and also saving my home from anything detrimental to home ownership
as well.   I am a bit worried…. I have
been received all types of different  
messages from people on the phone telling me all sorts of  variations of 
what  I was originally told….
Since I have been the victim of identity theft and so many  con artists have lied cheated and stolen from
me  I want to make sure these same
criminals who ruined my life  are not
harming my mother as well….  There are
laws that could ensure her homeownership is intact and that she can retain  the additional income  from her rental property….    Please could you check on the true facts…
its hard since I don’t leave my home… to verify in person who is telling  me the truth or not….. and who is once again
trying to swindle money from my family…. And a million dollar income producing
home is a large thing to lose because of a 
con artist…. Especially since she had to 
evict a girl who stole paintings from her….

              I
also  don’t know what was in the e-mail
she sent you and the homeowners Association can you fill me in? My
understanding is she was still holding onto the $5000 just in case that is
needed for my condo homeowners Association negotiations, but I still need to
have a competent legal attorney represent me in this legal case! It is not
acceptable that not only did Patrick weber 
not obtain any legal counsel on 
my behalf, that he does not know how to defend such a case himself….
But  the verbal agreement  caused 
my anxiety to be so elevated that I started throwing up again at his
horrid handling  of the entire case and
at my loss of power and control over any of it….  At his negligence at even conferring with me…
and his abusive behavior when I did express my 
wishes and wants….. I just want to reiterate…… concerning the homeowners
Association deciding on  the negation…
I’m under the impression I am allowed legal representation for my side …… It is
actually required by law… that I am represented…. By a competent legal
representative….. it is not completely up to the homeowners association with
they want…. To bully me…. 
especially  since everything they
did by trying to foreclose on my when a guardian was supposed to be assisting
…. And going g behind my back and trying to sell my condo  without even consulting my guardian.. was not
only underhanded …. It was illegal… and 
was inappropriately and illegally pursued.  Does anyone pay attention to the law
anymore?  

            Larry you
are the guardianship lawyer and I  need
your legal assistant/advice in an e-mail ASAP acknowledging receipt of this
e-mail and this information. Thank you for 
your  kind attention to this
email, sincerely mary jean ziska                                                                                                                              
Quotes from the Florida statutes:

            Florida
statutes 744.446: conflict of interest: it is essential to the proper conduct
and management of the guardianship that the guardian be independent and
impartial. The fiduciary relationship that exists between the Guardian and the
ward may not be used for 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.

            Florida
statute 744.4463: Restrictions: if the Guardian engages in any prohibited
activity without first obtaining a court order authorizing the Guardian to do
so, activity is voidable by the court in the Guardian may be removed. The
Guardian may also be liable for surcharge or subject to other sanctions
available under the law. 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.

            Florida
statute 744.3873 a court approval is required to settle any claims of the ward
arising before or after the appointment of the Guardian. 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 claims to enter into fair compromise 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  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.                                                
Florida statute 744. 3725: Before the court  may grant extraordinary powers to the
Guardian to exercise any of the above enumerated rights the court must appoint
an independent attorney to act on the incapacitated person’s behalf who who
must have the opportunity to meet with 
the incapacitated person at a few full judicial hearing present evidence
and cross-examination witnesses on behalf of the incapacitated person: received
as evidence independent medical psychological and social valuations with
respect to the incapacitated person by competent professionals or point its own
experts to assist in the evaluations; personally meet with the incapacitated
person to obtain an impression of the person’s capacity, celestial for the
incapacitated person the full opportunity to express his or her personal views
or desires with respect to the judicial proceedings and issues before the
court; find by clear and convincing evidence that the person lacks the capacity
to make decisions about the issues before the court and 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 interest of incapacitated person and the case and in the case of a
dilution dissolution of marriage find that the wart spouse has consented to
that dissolution                                                                                                  
            Florida statute
744.3312 the award retains the right to have his or her own attorney and
various proceedings during the guardianship. For example an attorney will be
appointed for the ward in a hearing for extraordinary authority to be granted
to the Guardian, Florida statute 744.37251 or any hearing to determine whether
all or some of the warts right should be restored Florida statute 744.4642            Florida statute 744.1021: The attorney
for the alleged incapacitated person must represent the allegedly incapacitated
person’s expressed wishes, unless they are contrary to the Florida rules
governing attorney conduct                                                                                                                                                          Four statute 744.3312 a: When a
court-appointed attorney for an ad legend incapacitated person, the court must
appoint an attorney who is included in the attorney Registry compiled pursuant
to the Florida statutes second sections 27.40 and 27.42. Appointments must be
made a rotating basis taking it to consider conflicts

            Definition
of a Guardian: Guardian is a person who’s been appointed by the court to act on
behalf of awards person, property, or both. Florida statute 744.1029. The
Guardian may exercise only those rights that have been removed from the Ward
and delegated to the Guardian Florida statute 744.3611        

            Limited guardianship: 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. Florida statute
744.1029 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 this designed to encourage the most self-reliance and
independence possible and to be the least restrictive alternative to a complete
or plenary guardianship.       

            The
Guardian must be independent and impartial. Guardian he was appointed to manage
the incapacitated person’s financial affairs must protect and preserve the
incapacitated person’s assets and manage the assets is a prudent person would
in managing the financial affairs of another.       

            Who may
serve as a Guardian? Any resident of the state of Florida who is 18 years old
and a sound mind is qualified to act as guardian. In addition, a nonresident
may serve if he or she is related to the wart by blood, adoption or law.
Florida statute 744.3092.

            Also I
trust company, State Bank, national bank, or Federal Savings and Loan may be a
Guardian Floirida Statutes:  744.3094. A
nonprofit corporation organized for religious or charitable purposes may be
appointed a guardian. Florida statute 744.3095

            Florida
statute 744.347: oath: prior to exercising authority, every Guardian must take
an oath that he or she will faithfully perform his or her duties as guardian.

            Rights of
the award: 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.

            Write to
the incapacitated wart that are retained by the Ward: Florida statute 744.32151

            1. Having
annual review of the guardianship report and plan.

            2.
Continuing review of the need for restriction of his or her rights.

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

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

            5. To have a qualified Guardian.

            6. To
retain as independent as possible, including having his or her preference as to
place an standard of living on Earth, either as he or she expressed or
demonstrated his or her preferences prior to the determination of his or her
capacity or as he or she currently expresses his or her preferences insofar as
such request is reasonable.

            7. To have
access to the courts.

            8. To be
represented by counsel and attorney.

            9. To
receive notice of all proceedings related to determination of capacity and
guardianship.

            Most of
these rules regulations have already been violated I’m counting on you to make
sure that

            1
competent legal representation can be procured for assistance in the homeowners
Association negotiations.

            2. Patrick
Weber’s will be removed based on his negligence or misconduct and abuse

            3. No
monies will be removed and no rights will be removed and work on restoration of
independence will begin immediately.

            4 lies,
accusations, bullying based on the guardianship will receive sanctions
appropriate and in accordance to the law.

            5. As my
guardianship lawyer will keep me informed.

             Again, Thank you for your kind
attention to this matter sincerely Mary Jean Ziska

 

 

           

 

Dear everyone, family and friends…  hope all is well….  getting excited for my 2nd home made attempt
at thanksgiving… and my cooking of all of it…. last year turned out delicious…  or so i was told..hopefully everyone was
honest…. ha… I plan on the same dinner menu…. turkey… and stuffing,
cranberries, and green beans and peas… and corn souffle  and spinach souffle, mashed potatoes.. and
apple pie and pumpkin pie….  maybe
an  hor’ dovier   … and mom said she will bring the
salad…  but the best will be the
company…. my Mom and Mattie will be here … and Maura, Eric, Caroline and
Ella   and Dad you are invited as well…..
and Scott if you were in  town of course
you and Olivia….  are invited as
well…    so i was thinking  that 1pm would be a great time to start
dinner…. well actually lunch then 2nd time eating may be dinner…HA… and
we can visit and watch a movie … or if you bring swim suits  or walking shoes you are welcome to go for a
swim or a walk….    please email back
your plans.. and  who can and can’t
come….  so i can know how much to
prepare…  i missed watching Joel Osteen
this last week.. I did watch a couple great catholic masses….(Joel)  he had a great email sent today… .  i wanted to share… no pressure  hint on the answer  for 
the thanksgiving invitation… but hopefully you will enjoy the   email…. luv Mary jean Ziska…. I love and
miss my family every minute of every day…. 
and today and every day i am thankful and grateful for having you in my
life…..

so remember time approx. 
1pm…. location:  5632
Whisperwood blvd. 1601 Naples Florida 34110  
( remember in the strand at cypress cove complex.. Maura and dad.. if
you want i can write out more specific directions…  if you decide to come…  just let me know…

hey remember that song….” thanksgiving day is coming
.. and Mr turkey said… ” How very careful i must be or i will lose my
head… said the pumpkin to the turkey.. I’m frightened me oh my.. they’ll mix
me up with sugar and spice and I’ll be pumpkin pie!”.. HA!  . that is all i can remember with a bit of
prompting from mom ha…. anyway great memories…  of great holidays with great family
members…                               
luv mary jean ziska  /

Say “Yes” to His Yes!  
TODAY’S SCRIPTURE:  “For all the
promises of God in Him are Yes, and in Him Amen, to the glory of God through
us.”  (2 Corinthians 1:20, NKJV)    TODAY’S WORD from Joel and Victoria

When God laid out the plan for your life, He lined up the
right people, the right breaks and the right open doors. In other words, He
already had your “yeses” planned out — Yes, you can accomplish your dreams.
Yes, you can overcome that obstacle. Yes, your children can fulfill their
destiny. Yes you can succeed. YES is in your future!  The question is, are you going to say “yes”
to God’s “yes”? Are you going to dare to believe Him — to get into agreement
with His promises?    Start right now by
declaring His promises over your life. Start declaring that He is good and that
His plan will come to pass. Don’t let doubt and discouragement distract you
keep your eyes fixed on Him because He is faithful. His promises are always yes
and amen. So say “yes” to His “yes”!    A
PRAYER FOR TODAY    Father, today I say
“yes” to You. I say “yes” to Your promises and “yes” to Your ways. Help me to
live a life pleasing to You and bring You glory in all that I say and do, in
Jesus’ name. Amen.    — Joel &
Victoria Osteen                                             Tender
Loving Care Service     Marion
Gregory   Director  239-598-1515 naplesmarion@aol.com  Mary Jean Ziska   Assistant Director  239-234-4065 
whatabtmary@yahoo.com

57 
letters to be put into real estate packages  to fix real estate mess

1.       Mortgage Assignments s as evidence of fraud

2.      GMAC 
Fraud fabricating evidence needed to facilitate a Foreclosure

3.      Foreclosure Mess:  More Shoes to Drop?  Money talks news   Http:// www.money talks news.com/2012/10/22
Foreclosure-Mess-<pre-Shoes-To drop/ by stacy Johnson October 22^nd
2010

4.      Article:  GMAC fraud fabricating evidence needed to
facilitate a foreclosure

5.      Complaint:  Inacio Domino Figuaroa vs. Mers Corpt Inc. A
Foreign Corporation Law Offices of David J Stern Pa. A Florida Professional
Association and David J Stern Individually.

6(C.)   Motion Hearing
/ Enforcing Loan Documents Collier County Clerk of Courts March 24^th
2009 Presidential Funding Motion Hearing Mathew Kahl

6(B.)  Complaint to
Forecloure Mortgage and To Enforce Lost Loan Document ( Count II) Signature
Page with Mathew Kahl Residential Funding / Mathew Kahl / David J.  Stern

6(A.)  Complaint to
Foreclsoru Mortgage and to Enforce Lost Loan Document ( Count I) /Residential
Funding Mathew Kahl / David J Stern

7.       Assignment of MOrtgae Different Signature for
a. Argondi

·        
Use
to Prove Assignment of Mortgage ( fraud)

8.      Another Mortgage Assignment Example
for Option One

·        
Different
signature for a argandi

·        
Option
one

9.      Homeward Residential

·        
Customer
Correspondence

10. (A)  Transunion
Info for Dispute / Remove  Form

10.(  Equifax info
for Dispute/Remove Form                                                                                                          10.(C.)
Experian  Info for Dispute/Remove Form

11.  Credit Letter (
Dispute/ Remove Item /Litton Loan Account # 1927xxxx September 28^th
2012

12.  Transunion :  Request For Investigation

13.  Law Offices of
David J Stern” Mistakenly Files Foreclosure on Sarasota Florida Man Includes Federal
Tax Lien… Article by Bill Warner April 7^th 2009

14.   Article:  Mortgage Paperwork Mess:  The Next Housing Shock?  ( CBS News)

15.  Credit Letter (
dispute /Remove Item )

a.  Aegis Account
20037xxxx September 28^th 2012

b.  American Servicing
Letter Account 10611276xxxxx  September
28^th 2012

16.  Bill Warner
Sarasota Private Investigator View on crime, Terrorism and Cheaters                          ( 941-926-1926)  October 22^nd 2010 

17.  Notice of
Dismissal without Prejudice Case No 0801272CA 
Residential Funding Company LLC vs Mary Jean ziska

18.  Assignment of
Mortgage ( AM) Option one – Residential Funding

19.  Supreme Court of
Florida Florida Bar vs David J Stern

20.  Article:  Internal Doc. Reveals GMAC filed false
documents in Bid to Foreclosure

21.  Article:  tired Robo – signature let other people sign
their names by Stacey Johnson October 20the 2010

22.  Photo copy of
Drivers license ( MJZ)

23.  American Home
Mortgage for Wikipedia filed for bankruptcy

24. History  of
Mortgage

25.  9/27^th
2012 Collier county /clerk of court results to send to companies to send to
mortgage full report.

26.  Article:  Florida bar Files complaint against David J
Stern over MERS case Housing wire: 

27.  Florida
Foreclosure King Investigated for Questionable practices  ABC NEWS.com/Business /Florida Foreclosures
5JE9S  

28.  The cautionary
tale of Aegis Mortgage Bankruptcy (August 2007) 
CNN Mang.  The Darker Side of buy
out firms.

29.  Aegis
Mortgage  Corp. files for Bankruptcy by
Flood copy right 2007

30.  Credit letter (
dispute remove)  Homeward Residential
American Home Mortgage September 28^th 2012.

31.  The Florida
Deceptive Trade Practices  Act Consumers
are unable to defend themselves adequately against the unlawful practices as
this court implicitly recognized ( Pino vs Bank of NY) 

32.  Credit Letter (
Dispute/Remove Info Article “ Foreclosure King David Stern Shuttering his law
firm” 

33.  Lexis Nexis
Comminutes Bankruptcy Law Community ( Article )

34.  Article:  American Home Mortgage Info. Form Wikipedia

35.  Predatory Lending
laws” Politicians are become more aware of the problems of predatory lending
laws and are realized the need for laws against predators

36.  Foreclosure Fraud-
Fighting foreclosure fraud by sharing the knowledge David j Stern v. State of
Florida

37.  GMAC residential
capital declares Bankruptcy

38.  Mortgage Paperwork
reveals GMAC filed false documents in Bid to foreclose

39.  Internal Doc.
Reveals GMAC filed false document in
bid to foreclose

40.  Article /website
Mortgage Assignment s as evidence of fraud by Lynn Szynaick Esq, Editor Fraud
Digest Fraud   2010

41.  Article “
Foreclosure Mil David J Stern Firm to close by end of march  on behalf of the law office of Jeffery A
Klein 

42.  Florida Chapter
755  Definition, general Penalties
Restrictions of criminals entire chapter

43.  Article:  Fabricated Evidence is Fictions Testimony or
Documents

44.  Article” Credit
Reporting is Regulated by the Federal Government under the fair  credit protection Act (FCPA)

45.  Article GMAC’s
full letter to agents something does not add up by Tyler   created 09/20/2012 

46.  Article” Created
Assignment and cloned officers yield fraudulent foreclosures across the county
by Cynthia Kuril  Monday April 19^th
2012 12:27pm

47.  Article:  Florida Bar vs. David J Stern- complaint /consent/
judgment/report or referee and judgment From: 
Foreclosure Fraud –Fighting Foreclosure Fraud by sharing the knowledge

48.  Assignment of Deed
of Trust Having Jeremy Brown as collateral specialist ( use for option one
–Residential Fraud assignment of mortgage)   

49.  Article:  When a borrower signs the mortgage security
instrument at closing they  grant and
convey the legal title to the mortgage ( MERS) Mortgage Registration System
Inc.)

50.  Article:  GMAC Bankruptcy Petition for official
Borrowers committee Posted by 4 Closures Fraud on June 19^th 2012

51.  Bloomberg GMAC
Residential Capital Declares Bankruptcy

52.  David J Stern –
The Florida foreclosure King Is  under
investigation and doing layoffs by morning docket

53.  Article
foreclosure Fraud- Titles used  by
Jeffery Stephan of  GMAC

54.  Florida
foreclosure King Investigated for questionable practices                                                        
ABC NEWS.GO.COM/Business/Florida/Foreclosures 5JE9S

55.  Online sunshine
logo / official internet site of Fl. Legislature October 11 2012 statutes

56.  Monday September
20 2010 More On GMAC and foreclosure Fraud Mess:  The Shit is hitting the Fan” 

57.  Residential
Capital / GMAC Mortgage Proof of Claim

58.  foreclosure Mill
David J Stern Firm to close by end of March on behalf of the law offices of
“Foreclosure King” David J Stern will be closing his law firm by March 31^st. 

59.  Letter From:  Offices of David J Stern PA.  To Honorable Lee Hayworth     

  

 

 

           

                  

Larry Pivacek,        
November 12th 2012  at 5:43pm

 

 no i cannot
attend….the court case on the 15th of December 2012…. I do not want to be
in a court room with patrick weber who threatened me ever again!  Plus that is only a few days from
now….  I have not left my home in
months….my anxiety level is extremely high when people harm me and my home
ownership….   I can be present via
skype if that is what the judge wants.. that way we can video tape it  and have it for  evidence 
if needed later for other cases…. but really?….What  the hell is going on?   I thought we had to have someone in place to
be the guardian when we request he (Patrick Weber)  be removed?  
and i told you i haven’t been able to reach scott renshaw…. He is
located in Texas…. right now living with his parents… but other wise fits
the criteria… I will still try to reach him maybe he can come here for a few
months or just a month when i can have a real 
evaluation by qualified persons to give me back all my rights….

 

 

(is this the court hearing that my mother mother was
speaking about concerning the HOA? 
)  ( i wrote this line before
speaking with you…. and knowing it was concerning the guardianship  case…. )

 

 I want you to  ask for a continuance…except for
removing  Patrick Weber…. for
everything especially  if it is….   and to still have him removed…do i need to
send information to the judge…. did you send the paperwork in the  mail? 
Aren’t  I   supposed to be made aware of these
things  things way in advance?.. you told
me the next date for the court to be available l would  be after Christmas.. remember i told you
while in tears the last time we spoke… that this would be the worst Christmas
ever? ….

 

Is there another letter to bring  up my anxiety lever and start me crying /
throwing up?  … another letter to make
me throw up? definitely don’t need  all
this hardship for trying to remove a guardian that does not do his job.. ( from
the beginning he never even did a plan of action report and i can site tons of
infractions and neglect and misconduct charges that he has doesn’t  throughout this past year while he has been
my guardian… )   i cant believe that
the judge have me keep a guardian that 
made me  so upset that i was
shaking… and ready to throw up at the court house…..

 

 

I just  finished  speaking with you concerning this whole
ordeal…. I am hoping that you really are 
on my side in this court case…   my wishes are to not have Patrick Weber as my
guardian especially since he has harmed my life… and my home ownership… why
would i think he would actually do anything to represent me  and help me when he has not done anything so
far…. .  I do not want him representing
me anymore since his actions have directly affected my life and my home
ownership….  in a negative light….

 

 What type of judge
would make me have an abusive guardian?  
I  was supposed to have
someone  who i could count on who helped
me not hurt me… 

 

I am also requesting the court records… reporting….
right?   i think you said they were in
the form of CD’s of the court proceedings I 
was not able to attend… how much are they?

 

As per the  bank
account  i thought i emailed you…about
that….. i know i  filed a police
report… someone opened a bank account using my name and my social security
number…. in late October..at Patrick favorite bank… regions bank… where
he had my mo go to try to get a loan for me…. i still have not been told
where the $5,000.00 is that my mother put aside for me…. to use for this
mess….   also i was told that a woman
went into the social security office and asked to have my medical disability
sent to her bank account… when i asked my mom she said it wasn’t her it must
have been Patrick Weber who was trying to get my money… these are the
situation i have had to deal with  while
patrick weber has been my guardian …. along with  his threats… at the court house and  his 
sick amusement at  causing me to
get upset….  His unprofessional
behavior with the HOA paralegal…. when i guess he tried to waive the statute
of limitations…  flirt with the  HOA paralegal / lawyer….His conduct
disgusts me… and already i get upset just thinking of how horrid it is that
someone who was entrusted by the courts… 
to help me… has damaged my life 
in such a short  amount of time…..  Its worse than tragic….  It is unforgivable…. I needed his help
legally …. and his negligence and misconduct and abuse have left me with even
worse anxiety… and time limits  on a
horrible situation that i told you anything that happens to me is on his
head…. he is  directly responsible….
whatever happens…   i hold him and his
abuse, neglect and misconduct completely responsible!

 

i can definitely 
say… He is no hero….  

 

sincerely mary jean ziska 

 

       

RE: hi everyone i wanted to pass along these ideas for
saving my mom’s home and for saving my home i think it can be all worked
out    Thursday, November 8, 2012 8:02
PM  From: 
This sender is DomainKeys verified 
“mary jean ziska” <whatabtmary@yahoo.com>View contact
details                                                               
To:  “Maura Ziska”
<MZiska@floridawills.com>, “scott renshaw email as of july
2011” <6scott7@gmail.com>, ejziska@gmail.com, “mattie
ziska” <mziska@mindspring.com>, mziska7@gmail.com, naplesmarion@aol.com  Cc: 
“mary jean ziska” <whatabtmary@yahoo.com>, “mary
jean ziska me!” <whatabtmary@gmail.com>, maryjeanziska@mysearchforjustice.com  hey who wrote this reply to my email?   are you the sister i  grew up with? you sure don’t sound like it…
what happend to the nice Maura?… ha.. by the way did you get the Neiman
Marcus treats for Carolin’s birthday? for November 2nd? How was her tea
party?    I sent them and never heard if
they arrived… hope you got them.. i also sent an email in case there was a
problem so neiman marcus can send them again if you didn’t get them…. let me
know…. anyway….

the figures do add up… 
and  I’m sorry you are so mad at
life and at your family or something… you are lucky you never had to go
through anything bad…  . i thought this
was my loving, kind wonderful sister i have admired my whole life who was my
best friend in boarding school… and in kappa alpha theta.. and in college..
and who i grew up with…. in ras tanura… and who loved me and her family as
much as i love and miss my family every minute of every day…   what happened to that best friend?  when did life make you the person who emailed
this last email so cold and  hard?   I spent weeks defending in tears mind you
evil emails.. and phone calls about my family and  my sister Maura who i know… who i love who
is kind and generous.. is intelligent and wonderful… i tell people who
call  you names and try to divide my
family .. how  much i love her and  how great she is… and i will always defend
my sister.. and love my sister and  know
how amazing she is…  how smart she is
and how much i really love and know her… hey do you still like the chicken
soup books?  you have a sensitive
wonderful side.. and one day you will miss having me as your sister… and i
hope before then  you will allow yourself
to be that amazing and wonderful sister i knew and loved and still know and
love… have loved my entire life…. 
about the figures.. the figures do work… about david strn adn th
crooks who reated a mess of the mortgages…. your a real estate attorney…
well you know how corrupt some lawyer an be… did you know the original
mortgage was only 132,00? and should have been paid off by 2006…. that my dad
wanted me to have a 800 dollar mortgage 
and i have had rooks lying and stealing from me and my family sine i moved
in here…. like the fat disgusting Italian gerard ahler… and probably his
girl karen kahl… did you know that residential funding had a stripper by the
name of  kelly and a mathew kahel working
for david j stern… and signing fraudulent mortgages…  and that my identity was stolen in 2002?  … did you know i had a great credit score..
a paid off car and a business that ended up doing pretty will when  i moved into here . and the crooks involved
ruined everything?….   and that  one of the mortgages was assigned years later
in las vegas?.. froma brazilian company?…. did you know any of this before
you throw around  words to judge?  It must be great to be you…     me i had a great lif, and a great family
and a whole line of crooks who stole money off the mortgages..who sole , lied and
cheated from me… I miss the sister who stood up for me as much as i stood up
for her.. who wanted me to have a great life just as i have always wanted my
sisters marua ann ziska and madelon marie ziska to  have everything they  could ever wish for and  evry want… its not a contest… no winner (
unless you are bully karen kahel who bulliys until i cry and almost throw
up….  and then jumped up and down to
say she won she won…  but she is not my
friend nor my sister… and she  has no
morals… no ethics and is just plain evil…. and her children will grow up to
be just as evil… what  a shame… it
takes a hurting person to be a hurting person i guess…  anyway i know the sister  who i grew up with  would never have allowed any of the hurt to have
happened…she stood up for me and was my protector… and i loved her for
that…  and i miss her every minute of
every day…. Its . great to have a sister on the right side of the law… and
on my side wanting me to be happy and to have a great life…. thank you Marua
Ann Ziska for being my  sister! luv the
original mary jean  ziska… the real
mary jean ziska…  don’t you remember me
at all?… or  what a sister
hood/family  is about?….hummm  luv mary jean ziska

A Tender Loving Care Service

Marion Gregory  
Director  239-598-1515

naplesmarion@aol.com

Mary Jean Ziska  
Assistant Director  239-234-4065

whatabtmary@yahoo.com

— On Thu, 11/8/12, Maura Ziska
<MZiska@floridawills.com> wrote:

    From: Maura Ziska MZiska@floridawills.com      Subject: RE: hi everyone i wanted to pass
along these ideas for saving my mom’s home and for saving my home i think it
can be all worked out      To: “mary
jean ziska” <whatabtmary@yahoo.com>, “marion gragory”
<naplesmarion@aol.com>, “mattie ziska”
<mziska@mindspring.com>, mziska7@gmail.com, ejziska@gmail.com,
“scott” <lsrenshaw@yahoo.com>, “scott renshaw email as of
july 2011” <6scott7@gmail.com>   
Cc: “mary jean ziska me!” <whatabtmary@gmail.com>, maryjeanziska@mysearchforjustice.com      Date: Thursday, November 8, 2012, 7:12
PM      Mary Jean, the finances don’t
make sense, mom can’t afford her mortgage payments and has been struggling to
make her monthly payments for years. She is 75 years old and should not be
working as much as she has been, and she is working so hard to pay her bills.
The house is not worth the mortgage or only close to the mortgage. She will
never be able to pay it off and isn’t able to pay her monthly mortgage. It is
time for her to let it go and sell it or let the bank take it back after
hopefully living there for free for many months which will give her time to put
money she makes from babysitting into savings for a house to rent or
retirement. At 75 she should be retired and not working and have savings, she
has nothing because she is house poor, which means she can’t afford her home.
She hasn’t been able to afford her home for many years and the tenants come and
go and is also very stressful on her and never a sure thing. Even if she has
tenants, all of her money would go to a mortgage payment and leave her no
savings. No one stole Mattie’s condos or your condo or mom’s house. If you have
a mortgage you sign a promissory note that says you promise to pay the money
back that you borrowed and if you don’t, the bank has the right to take back
the property. This is what happed to Mattie, what is going to happen to mom and
what is going to happen to you if you can’t pay your HOA fees. There is no free
ride, if you don’t pay your bills, you lose your home. You should be thankful
you have lived in your condo for free for the last 7 years and start looking
for a place to rent when the HOA eventually gets a summary judgment and you
will be evicted. These are my thoughts coming from someone who works in the
real estate business, your plan for mom is not feasible. Love, Maura 

    Maura A. Ziska,
Esq.    Kochman & Ziska PLC    222 Lakeview Avenue, Suite 1500

    West Palm Beach,
FL 33401       561-802-8960  (telephone)   
561-802-8995 (fax)

    This electronic
message transmission contains information from the law firm of Kochman &
Ziska PLC which may be confidential or privileged. The information is intended
to be for the use of the individual or entity named above. If you are not the
intended recipient, be aware that any disclosure, copying, distribution or use
of the contents of this information is prohibited. 

 

    From: mary jean
ziska [mailto:whatabtmary@yahoo.com]   
Sent: Thursday, November 08, 2012 6:34 PM    To: marion gragory; mattie ziska;
mziska7@gmail.com; Maura Ziska; ejziska@gmail.com; scott; scott renshaw email
as of july 2011    Cc: mary jean ziska;
mary jean ziska me!; maryjeanziska@mysearchforjustice.com

    Subject: hi
everyone i wanted to pass along these ideas for saving my mom’s home and for
saving my home i think it can be all worked out

    Hi everyone                                                  
November 08th 2012 @ 6:33pm

     I wanted to put
in writing some ideas for saving mom’s home and for saving my home!  I think it an all work out… with everyone’s
help and support! remember all things are possible….

    So a few weeks ago
i tried helping mom with some marketing ideas for rentals…      I created a file with  some ideas and information… I was actually
really exited to tell her about the rental prices in Naples for season….      no one seems to listen…. but there is a
way… my mom who started a business taking tours all over the world in a
county where sh couldn’t even drive … who encouraged me to start my own
business  and do Faux painting… who
wanted me to have this beautiful condo.. and her and my dad helped me pick out
the best one here in the strand ( 5632 whisperwood blvd #1601 )      So here are the ideas and what mom  and i discussed…. as far as plans:      Marketing:  think strong eonomies in Europe… like
Switzerland and Germany…. i looked up a few websites…    www.myswitzerland.com     www.germantraveler

    I cannot call
internationally with my magic jack…. so i need some help finding out the
newspapers… the travel agencies and ways to have free advertising… and get
rentals for her home..  just don’t want
any third world  thieves…. you
know?  you want renters who can pay….  not steal… who will still take care of the
property… and with a strong  economy
who can pay… I have been trying to find beth serlin so i can contact others
in various countries who might be interested… not in buying.. but in renting
and saving  income property…  my mothers home… hell through  manipulated con artists  she lost the beach front condo but i was only
young … and not able to do anything…. not able to stop the lies…. now we
an make sure to not let it happen again…  
She is going to  need that money
coming in each month later…

 

    There were people
who wanted to sell it … but she would be practically giving away  a million dollar property… and income
property to boot…. it doesn’t make any sense…  and it is nothing i could ever imagine her
doing…    

     o.k. enough of
the speaches…. more options…

    Naples real
estate  for rental options you guys know
how important income property was always to mom and dad (marion  jean 
gregory- ziska- gregory  and elwin
j. ziska)   so i went online and there
are lots of options… but it was great to see these:

     www.royalshell
rentals.com  email:   hilary@royalshell.com  telephone 
855-213-3311   I called them at
9:22am ( 10/27/2012)  spoke with
Kelly.  I 
got a call back  from one of the
agents and  she said they are almost
desperately looking for  rentals now for
season… thy take a commission of course but that can be built into the rental
cost…

    from a second
website:  www.tripadvisor.com

     they actually advertised
a 3 bedroom @ vandrbilt  fall specials as
follows:

    winter season (
December 1  2012 -January 31st 2013)

    per week =  ($1,900) per month ($6,800 )

    fall special(
October 6th- november 30, 2012 ) pr week $(1200) per month ($3,600)

    High Season (
February 1st 2013  -March 31st 2013)  per week($2,100) per month ($7000)

     then she has the
three rental units under that are at the least ($1000) per month… and could
definitely go for more in season… there is no reason that her home  should be sacrificed ….. that is an income
at best of 10,000.00 a month…

    We talked about
her moving in here so that the issues with the HOA can be resolved and  she can go swimming, and biking and
walking… and not have to actually live in the rental areas… we discussed
moving out all the valuables  from her
home ( 9202 Vanderbilt beach rd 34108) 
so that there are no more instances like renter Holly who i was told
stole some art work from her unit… plus with the extra income…  she can put some money away for her
retirement… can hire the proper people to so the landscaping and cleaning and
everyone  budget for upgrades  or 
curb appeal that will bring in additional income…  Then we can work together to try to get back
the babysitting business for additional income for her or she can relax… to
me sine there is no mortgage on my condo… there is just the HOA payments to
make… I am still working on fixing everything Patrick Weber was supposed to
do this past year… and didn’t do…  that way i can get the identity theft finally
cleared… and raise my credit score… get the title cleared of all the
fraud.. and  get an equity line of
credit… to pay off the past fees… then 
work on just getting back the 13 years that have been ruined and stolen
from me…. 

 

    This is all
possible… i have two free bedrooms right now( well one official bedroom and
one den and while Mattie is here in town… and if we can do the move in to
save her home  soon… we can all  be here..

     I know she will
only be here for a short while for the temp job… and was thinking of renting
a place  closer to her work… but it
would be cheaper and she could save more money if we were all here…  then when johnny comes.. they could even  stay at the Ritz with all the money saved on
renting some place during season….ha.. its just an option…

    an option that
will save income property… and my condo 
at the same time…

    if there are extra
stuff we can get a storage unit…  and i
have no furniture now .. so it will be nice to finally have some decent
furniture… here… and  after  season and when things  are fixed if mom wanted to move back to her
house…. or stay here we can figure that out then… but it can work… mom
was agreeable to it … and i am… it will be nice to  have her here… it would be a blast to have
both mom and mattie…      so also i
have tried to get in touch with  with
Kathy young… as a realtor she may  know
some other people  looking for seasonal
rental … I want to contact Claues  in
Sweden… what person would mind getting out of cold Sweden for a seasonal
rental… ( he is a realtor there now) and 
i am trying every resource i can think 
of…    I know the foreclosure
should take a while…. and with the proper lawyers help all things can be
rectified…. we have to all work together to make sure that someone doesn’t
steal  mom’s house like they did mattie’s
condos….  and lik they have tried
to  steal mom’s business.. and my
condo… along with my identity… my life and everything i ever loved… 

    i was in tears all
yesterday thinking of how alone in all this mess i feel… and how this will be
the worst thanksgiving/ Christmas ever… 
i know there is a way to make sure nothing bad happens anymore to any of
us….

    I hope this email
gets to the right addresses… I love and miss my friends and my family every
minute of every day…     pray we get
some great lawyers… some great renters for mom’s house… and that all the
crooks and con artists will be stopped forever… luv  mary jean ziska…. the real and regular
person….I’m  nothing special….
without your love, support and friendship…

    ps if you have any
additional contacts please help!

    Oh i forgot to
mention… some contests to enter on mom’s behalf…

    1.  pay off yoru mortgage with Mars snackonomics
contest

    www.candyusa.com/pay-off-your-mortgage-with
Mars-snack.com                                                                                     2. 
www.examiner.com/race-to-win-mortgage-payments- for- a- year

    3.  win one year of free payments from wells
fargo

 

    4.  nbc4contest offer hlp pay mortgage for rent
for a year      www.nbclosangeles.com

    5. Free mortgage
for a year  think it is called;  skip a year sweepstakes mortgage payment and
debt info…        www.quickenloans.com

    A Tender Loving
Care Service    Marion Gregory   Director 
239-598-1515  naplesmarion@aol.com

    Mary Jean
Ziska   Assistant Director   239-234-4065 / whatabtmary@yahoo.com

E-mail to Larry:

Monday, November 12, 2012 at 10:57 AM

Dear Larry, is there something I should know concerning
court dates in the HOA? Or removing Patrick Weber? I called my mom’s phone  and received a message that she was expecting
to go to court and to hear from the HOA next week by Wednesday or Thursday ?  what does that mean?   when
we’re in the process of trying to remove  Patrick Weber as my guardian? Why would my
mother be going to court concerning my HOA case and not you or Patrick Weber? I
know this only because I researched information for retaining a new lawyer with
the legal experience in real estate law, homeowners Association law, and
mediation disputes. The company I located which would assist in finding a
lawyer appropriate to my needs  and they required
a retainer fee of $180. A  membership with
the company would reduce  the cost of the
lawyer’s hourly fees and include  other
benefits. When I first spoke with my mother, she thought this was a great idea
and requested the telephone number and name of the company. The company is
known on the web  as www.rocket
lawyer.com.   I think this is a wise idea
since legal advice and assistance  is
expensive and Patrick weber was not able to retain anyone to assist when he
contacted legal aid.  I was looking at
the Florida statutes and it looked like legal representation would be assigned
on a rotating basis in  an office such as
legal aid… isn’t that the case?   When I next called my mother’s phone/ home
phone line I was told the services of this company would be retained after
decisions from the HOALA were made? Which was completely different than when I
spoke with her and she liked the idea of beign proactive and  retaining 
competent legal help asap!… What is going on? 

 

As per the Florida
 statute 744 I am guaranteed
legal representation. I am guaranteed competent legal representation in the
fields necessary for any court/legal/financial areas under the guardianship
ruling. Since Patrick Weber has no knowledge of how to defend any foreclosure
suits, as it is not his expertise, I am by law guaranteed a lawyer who can do
what Patrick cannot do. Does the HOA understand this legal principle? I was
told the verbal agreement between Patrick Weber and the homeowners Association
was not binding and so I was upset for weeks over nothing? I am glad that his
horrid deal is not binding especialy since 
he never discussed it with me nor did he even take into
consideration  my budget.. which he was
well aware of  when I gave him a copy in
march….  I also was told the homeowners
Association is deciding whether or not to even 
take a settlement deal concerning  payments on the back fees owed….? I thought
the whole court case was based on their acceptance of a settlement and that the
settlement had not been decided upon. If this has not been the case, please
explain what has been going on for this entire year.

Since I was told the idea Patrick Weber came up with is only
a verbal agreement not sanctioned by me or even discussed with me and not
binding  in the courts, therefore I am
not being held responsible for his horrid deal and mishandling of this  legal situation  or his mishandling of my guardianship and my
freedom and my life am I?

 

I also want to make sure that he cannot touch my medical
disability money especially since he was basing his stealing of my money to pay
the HOA……( which was a deal that  was
only  based on his verbal agreement and
his lies for trying to obtain my money under false pretenses and false
accusations of  how the money is being
spent each month!)Did you know his lie in a legal document represents fraud
uponthe court… and is in itself a reason for removal of a guardian!   Within
the court paperwork I received, he lied…. By saying he did not know where my
money was being spent  and continued to
lie by saying I was mishandling my money. 
It is the exact opposite!  when in
fact I am paying my bills with the medical disability money.   I have and can’t produce paid bills to that
fact concerning my electric, and other bills necessary to living expenses… I
can  prove I can and have been paying my
own bills appropriately in full amounts and on time  for years! 
  I even wrote him and you concerning my
concerns about how unreasonable his offer was concerning  the HOA 
which would have left me without any money for buying items such as
tampons, and toilet paper… should I send those emails to the  judge or can you tell him or her for me…
?    

As per my request for complete independence I thought of
another way to prove my ability to care for myself  and my  home….. A have  eight cameras throughout my home for security
purposes that record everything!  The
tapes would prove my ability to care for myself , ie daily chores… such as
dishes, cooking, eating,  cleaning,
laundry,  etc.   All the 
proof of howl I can care for my self 
is not really even encompassed within 
the  guardianship parameters….. I
still believe that a 1500.00 is not 
necessary and is another example of his mishandling and mismanagement of
the entire case….  How much is he being
paid again to be my guardian? And at what intervals are his payments begin
made?….. just wondering …. What his motivations is for not allowing my
complete  independence restored, or legal
council… it would appear to me that since he was overburdened  to the point that he could not and does
not  return any emails or phone
calls  from me…  that he must be over burdened at work
and  I would assume that  he would want this mater resolved and off his
case list  as soon as possible unless
there is a financial motivation I am unaware of that  makes him keep me as his ward and want  unnecessary 
tests that  cost sooo much to the
tax payers… when he is still not addressing the entire reason  he was 
enlisted as my guardian, and why he lied to me about  keeping him as my guardian the first day I
met with him and with you in his conference 
room…. And he told me that I needed to keep him as my guardian for
financial reasons so that he could represent me in legal matters…. I even   put a request 
for independence in  a letter
requesting my complete independence restored in March 2012….and he convinced me
to do otherwise…. I can prove that I can cook or clean or care for myself and  take care of my home and my resources….. But
it seems absolutely  unnecessary to do so
since Patrick weber’s assistance was only as  a limited guardianship and was only to assist
in the financial and legal matters pursuant to the problems with the homeowners
Association past-due fees.  As per the
Florida statutes ,  when a limited
guardianship is put in place for a specific purpose…. When that purpose is
over,  or no longer necessary….the
independence of the ward is restored…. 
Patrick Weber was not able to assist in any way possible  and since Patrick Weber was unable to assist
with the homeowners Association negotiations I’ve been trying to contract other
lawyers to assist me where Patrick Weber failed.  

Also based on the grounds that he has not been able to
assist me  with the legal matters at
hand, I have been trying  to have him
removed so that legal assistance can be provided that will legally represent
me… not assist the HOA ….( as Patrick did when he tried to waive the statue for
limitatieon.. and he threatened to baker act me when I spoke up for my rights…
and my wishes…. And when I spoke up for his mishandling of my case)  I want  a guardian and a  legal representative  that does not intimidate and threaten
me,  or 
neglect my needs or wants, and who can actually really represent me and
assist me which is what a guardian is supposed to do ….    

When we last spoke, I told you I was  trying to contact Scott Renshaw to substitute
for Patrick Weber’s guardianship until full independence has been restored …..have
you looked at the Florida statute 744 recently? 
As per who can be a Guardian ,Scott Renshaw is located in Texas and as
per  the statutes unless we were married
or related by blood he may not fulfill the criteria     Are there  other parts of the statue I should look at or
other rules  and regulations that could  apply so that he could be my guardian and I
can remove Patrick?  Can you direct me to
those rules and regulations?

Also I was told over the phone my mother wrote an e-mail (which
I did not receive a copy of) concerning her moving into my condo to assist with
payments for the homeowners Association past-due fees .  When I spoke with my mom at my home,  we discussed the option of her moving in here
moving everything of value out of her home  and that she was planning on renting out  the top area of her home ( she has a
three-bedroom two-bath home upstairs and three apartment units underneath )and   thereby saving her home from any  foreclosure proceedings and also saving my
home from anything detrimental to home ownership as well.   I am a bit worried…. I have been received all
types of different   messages from people
on the phone telling me all sorts of 
variations of  what  I was originally told…. Since I have been the
victim of identity theft and so many  con
artists have lied cheated and stolen from me 
I want to make sure these same criminals who ruined my life  are not harming my mother as well….  There are laws that could ensure her
homeownership is intact and that she can retain 
the additional income  from her
rental property….    Please could you
check on the true facts… its hard since I don’t leave my home… to verify in
person who is telling  me the truth or
not….. and who is once again trying to swindle money from my family…. And a
million dollar income producing home is a large thing to lose because of a  con artist…. Especially since she had to  evict a girl who stole paintings from her….

  I also  don’t know what was in the e-mail she sent you
and the homeowners Association can you fill me in? My understanding is she was
still holding onto the $5000 just in case that is needed for my condo
homeowners Association negotiations, but I still need to have a competent legal
attorney represent me in this legal case! It is not acceptable that not only
did Patrick weber  not obtain any legal
counsel on  my behalf, that he does not
know how to defend such a case himself…. But 
the verbal agreement  caused  my anxiety to be so elevated that I started
throwing up again at his horrid handling 
of the entire case and at my loss of power and control over any of
it….  At his negligence at even
conferring with me… and his abusive behavior when I did express my  wishes and wants…..

I just want to reiterate…… concerning the homeowners
Association deciding on  the negation… I’m
under the impression I am allowed legal representation for my side …… It is
actually required by law… that I am represented…. By a competent legal
representative….. it is not completely up to the homeowners association with
they want…. To bully me….  especially  since everything they did by trying to
foreclose on my when a guardian was supposed to be assisting …. And going g
behind my back and trying to sell my condo 
without even consulting my guardian.. was not only underhanded …. It was
illegal… and  was inappropriately and
illegally pursued.  Does anyone pay
attention to the law anymore?   

Larry you are the guardianship lawyer and I  need your legal assistant/advice in an e-mail
ASAP acknowledging receipt of this e-mail and this information. Thank you
for  your 
kind attention to this email, sincerely mary jean ziska 

 

Quotes from the Florida statutes:

Florida statutes 744.446: conflict of interest: it is essential
to the proper conduct and management of the guardianship that the guardian be
independent and impartial. The fiduciary relationship that exists between the
Guardian and the ward may not be used for 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.

Florida statute 744.4463: Restrictions: if the Guardian
engages in any prohibited activity without first obtaining a court order
authorizing the Guardian to do so, activity is voidable by the court in the
Guardian may be removed. The Guardian may also be liable for surcharge or
subject to other sanctions available under the law. 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.

Florida statute
744.3873 a court approval is required to settle any claims of the ward
arising before or after the appointment of the Guardian. 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 claims to enter into fair compromise 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  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.

 

Florida statute
744. 3725: Before the court  may
grant extraordinary powers to the Guardian to exercise any of the above
enumerated rights the court must appoint an independent attorney to act on the
incapacitated person’s behalf who who must have the opportunity to meet with  the incapacitated person at a few full
judicial hearing present evidence and cross-examination witnesses on behalf of
the incapacitated person: received as evidence independent medical
psychological and social valuations with respect to the incapacitated person by
competent professionals or point its own experts to assist in the evaluations;
personally meet with the incapacitated person to obtain an impression of the
person’s capacity, celestial for the incapacitated person the full opportunity
to express his or her personal views or desires with respect to the judicial
proceedings and issues before the court; find by clear and convincing evidence
that the person lacks the capacity to make decisions about the issues before
the court and 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 interest of incapacitated person and
the case and in the case of a dilution dissolution of marriage find that the
wart spouse has consented to that dissolution.

 

Florida statute
744.3312 the award retains the right to have his or her own attorney
and various proceedings during the guardianship. For example an attorney will
be appointed for the ward in a hearing for extraordinary authority to be
granted to the Guardian, Florida
statute 744.37251 or any hearing to determine whether all or some of
the warts right should be restored Florida
statute 744.4642.

 

Florida statute
744.1021: The attorney for the alleged incapacitated person must
represent the allegedly incapacitated person’s expressed wishes, unless they
are contrary to the Florida rules governing attorney conduct.

 

Four statute
744.3312 a: When a court-appointed attorney for an ad legend
incapacitated person, the court must appoint an attorney who is included in the
attorney Registry compiled pursuant to the Florida
statutes second sections 27.40 and 27.42. Appointments must be made a
rotating basis taking it to consider conflicts

Definition of a Guardian: Guardian is a person who’s been
appointed by the court to act on behalf of awards person, property, or both. Florida statute 744.1029. The
Guardian may exercise only those rights that have been removed from the Ward
and delegated to the Guardian Florida
statute 744.3611

 

Limited guardianship: 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. Florida
statute 744.1029 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 this designed to encourage the most
self-reliance and independence possible and to be the least restrictive
alternative to a complete or plenary guardianship.

 

The Guardian must be independent and impartial. Guardian he
was appointed to manage the incapacitated person’s financial affairs must
protect and preserve the incapacitated person’s assets and manage the assets is
a prudent person would in managing the financial affairs of another.

 

Who may serve as a Guardian? Any resident of the state of
Florida who is 18 years old and a sound mind is qualified to act as guardian.
In addition, a nonresident may serve if he or she is related to the wart by
blood, adoption or law. Florida
statute 744.3092.

Also I trust company, State Bank, national bank, or Federal
Savings and Loan may be a Guardian Floirida
Statutes:  744.3094. A nonprofit
corporation organized for religious or charitable purposes may be appointed a
guardian. Florida statute 744.3095

 

Florida statute
744.347: oath: prior to exercising authority, every Guardian must take
an oath that he or she will faithfully perform his or her duties as guardian.

Rights of the award: 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.

Write to the incapacitated wart that are retained by the
Ward: Florida statute 744.32151

1. Having annual review of the guardianship report and plan.

2. Continuing review of the need for restriction of his or
her rights.

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

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

5. To have a qualified Guardian.

6. To retain as independent as possible, including having
his or her preference as to place an standard of living on Earth, either as he
or she expressed or demonstrated his or her preferences prior to the
determination of his or her capacity or as he or she currently expresses his or
her preferences insofar as such request is reasonable.

7. To have access to the courts.

8. To be represented by counsel and attorney.

9. To receive notice of all proceedings related to
determination of capacity and guardianship.

Most of these rules regulations have already been violated
I’m counting on you to make sure that

1 competent legal representation can be procured for
assistance in the homeowners Association negotiations.

2. Patrick Weber’s will be removed based on his negligence
or misconduct and abuse

3. No monies will be removed and no rights will be removed
and work on restoration of independence will begin immediately.

4 lies, accusations, bullying based on the guardianship will
receive sanctions appropriate and in accordance to the law.

5. As my guardianship lawyer will keep me informed.

 Again, Thank you for
your kind attention to this matter sincerely Mary Jean Ziska

Larry Pivacek,        
November 12th 2012  at 5:43pm

 

 no i cannot
attend….the court case on the 15th of December 2012…. I do not want to be
in a court room with patrick weber who threatened me ever again!  Plus that is only a few days from
now….  I have not left my home in
months….my anxiety level is extremely high when people harm me and my home
ownership….   I can be present via
skype if that is what the judge wants.. that way we can video tape it  and have it for  evidence 
if needed later for other cases…. but really?….What  the hell is going on?   I thought we had to have someone in place to
be the guardian when we request he (Patrick Weber)  be removed?  
and i told you i haven’t been able to reach scott renshaw…. He is
located in Texas…. right now living with his parents… but other wise fits
the criteria… I will still try to reach him maybe he can come here for a few
months or just a month when i can have a real 
evaluation by qualified persons to give me back all my rights….

 

 

(is this the court hearing that my mother mother was
speaking about concerning the HOA? 
)  ( i wrote this line before
speaking with you…. and knowing it was concerning the guardianship  case…. )

 

 I want you to  ask for a continuance…except for
removing  Patrick Weber…. for
everything especially  if it is….   and to still have him removed…do i need to
send information to the judge…. did you send the paperwork in the  mail? 
Aren’t  I   supposed to be made aware of these
things  things way in advance?.. you told
me the next date for the court to be available l would  be after Christmas.. remember i told you
while in tears the last time we spoke… that this would be the worst Christmas
ever? ….

 

Is there another letter to bring  up my anxiety lever and start me crying /
throwing up?  … another letter to make
me throw up? definitely don’t need  all
this hardship for trying to remove a guardian that does not do his job.. ( from
the beginning he never even did a plan of action report and i can site tons of
infractions and neglect and misconduct charges that he has doesn’t  throughout this past year while he has been
my guardian… )   i cant believe that
the judge have me keep a guardian that 
made me  so upset that i was
shaking… and ready to throw up at the court house…..

 

 

I just  finished  speaking with you concerning this whole
ordeal…. I am hoping that you really are 
on my side in this court case…   my wishes are to not have Patrick Weber as my
guardian especially since he has harmed my life… and my home ownership… why
would i think he would actually do anything to represent me  and help me when he has not done anything so
far…. .  I do not want him representing
me anymore since his actions have directly affected my life and my home
ownership….  in a negative light….

 

 What type of judge
would make me have an abusive guardian?  
I  was supposed to have
someone  who i could count on who helped
me not hurt me… 

 

I am also requesting the court records… reporting….
right?   i think you said they were in
the form of CD’s of the court proceedings I 
was not able to attend… how much are they?

 

As per the  bank
account  i thought i emailed you…about
that….. i know i  filed a police
report… someone opened a bank account using my name and my social security
number…. in late October..at Patrick favorite bank… regions bank… where
he had my mo go to try to get a loan for me…. i still have not been told
where the $5,000.00 is that my mother put aside for me…. to use for this
mess….   also i was told that a woman
went into the social security office and asked to have my medical disability
sent to her bank account… when i asked my mom she said it wasn’t her it must
have been Patrick Weber who was trying to get my money… these are the
situation i have had to deal with  while
patrick weber has been my guardian …. along with  his threats… at the court house and  his 
sick amusement at  causing me to
get upset….  His unprofessional
behavior with the HOA paralegal…. when i guess he tried to waive the statute
of limitations…  flirt with the  HOA paralegal / lawyer….His conduct
disgusts me… and already i get upset just thinking of how horrid it is that
someone who was entrusted by the courts… 
to help me… has damaged my life 
in such a short  amount of time…..  Its worse than tragic….  It is unforgivable…. I needed his help
legally …. and his negligence and misconduct and abuse have left me with even
worse anxiety… and time limits  on a
horrible situation that i told you anything that happens to me is on his
head…. he is  directly responsible….
whatever happens…   i hold him and his
abuse, neglect and misconduct completely responsible!

 

i can definitely 
say… He is no hero….  

 

sincerely mary jean ziska