To the Collier Co. County court system:

I just called the police at 6:21 PM on December 12, 2012 to
report abusive phone a messages and someone is impersonating my mother with a
Chicago accent. I wanted to actually file a restraining order against Patrick
Weber for showing up the court case where he was not allowed nor invited nor
was he actually supposed to be there as he’d been dismissed due to his
negligent behavior is misconduct and his abusive behavior towards me the Ward
Mary Jean Ziska the same people actually likes me on the phone telling me Joe
at of the condo association with at the court hearing today and did not the to
my mother which was a lie because 2 min. ago I was outside getting addresses
and saw Joe pulling into his driveway and asked him he said no he was not at a
court case so these people have been trying to isolate me from my neighbors, to
lie to me about court procedures and everything that happened in court today  

 

Officer palmer came to my assistance….. about the screwed up
phone situation… and the people on the phone who could not possibly be my
family or  my friends… This is how I know
the people on the phone could not possibly have been friends or my mom first
off they were talking to Patrick Weber who is just fired as my Guardian for
being abuse of for his misconduct and for his negligence… They were also
talking to Diane Simmons Burns who is the lawyer for the homeowners Association
and not my lawyer but an opposing lawyer that was trying to foreclose upon my
home… Then they said that the judge in Patrick Weber were friends and that’s
why the judge came up with the decision to demand that I have a Guardian by 21
December that’s only nine days away and he said that he would actually put one
in place… Which he has no authority to do since he is not in the guardianship case
at all! It’s all lies! It is  by the
abusive repulsive Patrick Weber has little sidekicks and all intent on ruining
my Christmas and making sure that I lose my home… Do you know how I know it’s
by the abusive Patrick Weber that the decision today and the entire episode
today was conducted… Because he was there At a court  case where he was already  fired as my Guardian  and has 
no authority…. and should not have been in the court room let alone
anywhere near any of my persons or have anything to do with anything in my
life…

Also there  is a
guardianship lawyer … not the HOA lawyer who ….has been helping me with the
guardianship selection and the entire process… in fact on  the 9^th of Dec. I had  an email to say that I  will be happy after the court case.. and that
it will be most likely canceled….  Since
I did not have a guardian in place nor legal representation in place…. Which is
against the law.. and against the Fla statutes… 
744 but  this  Patrick weber who is most likely the same
person who was flirting with the HOA paralegal Kelly…  and the same guy who threatened me when I
stood up for my rights… and the same 
abusive and horrid person who gets a kick out of his power over women..
you know like a rapist.. who has to overpower woman to  get a hard on…  a bully at heart like karne kahel… and  a horrid abusive type person.. who
manipulates lives and destroys lives… on purpose….  And these people want me to have another
person like this in my life?   who the
hell would show up  at  the courthouse… when  they were not involved in the case unless they
wanted to cause harm….    Right?  What type of sicko need to watch people get
upset…  at  a judge who does not have jurisdiction over
picking a guardian for me…  and who would
say such a thing in the court….  Something is very wrong.. I got an email
from  larry on the 9^th telling
me that Patrick is out… then all these panic emails that  I had to go to court… then that I had to pick
a guardian in ten days starting the 5^th of Dec…. what the hell… I
just found out that the guardian was officially gone… on the 9^th…
there is no way that counting down… from the 5^th could be possible…
if he had not been officially removed… they must have been psychic to know
ahead of time.. and put the paperwork 
for need of a new guardian  on the
5^th…. Someone is lying …. someone is trying to con me out of my
condo.. and it is criminals and con artist at work… not actors… or
couldn’t  be possible that it is the
actual real right people right?,.,, judge who doesn’t know  where his boundaries are?… a mom who is
cozy with  a guardian who had been fired
because of his abuse, his neglect and his misconduct…      No way… and I get  a great and professional email  on the 9^th from a lawyer… larry..
my guardianship lawyer.. and yesterday an email that was almost contradicting
what was said… on the  9^th… I
mean he said the hearing should have been canceled…  which is what I had been saying.. and the
reason I did not go  was because  there was an email sent to my mom’s email
address that said Patrick might be there….

 

This is a group  of
conartists who  wanted me out of my condo
on the 10^th or the 12^th… who now want me out of my condo
on the 21^st… and who have been stealing from me and my family for
the past 13 years… and no none has stopped them or their manipulation….   Has stopped the destruction  they have do to people and to lives that
should have been great… but that  they
destroy on purpose all for money.. same group 
who stole  at least $200,000.00
off my mortgages.. with their scams… and who will continue to destroy lives
with  manipulating emails.. and spoofed
numbers… and with there lies and manipulation of the real truth..

 the real truth
..  today no hearing should have
happened….   By law I am guaranteed real
legal representation …. And real help from a real guardian…  and real laws need to be followed…  this is like the same situation where the
idiot actually tried to waive the statute of limitations as he kept flirting
with Kelly the paralegal…. From the HOA law group…   when as a guardian and  a lawyer he should have been on my side.. and
he was there to ask for a continuance… not to harm me…  and try to get an extension for the HOA group
to continue with an attempt of a foreclosure ….   I mean I’ve heard o f really shitty lawyers..
but this action is soooo wrong  … the
misconduct of this person .. who was supposed to be helping me..  these are the actions that enabled us to have
him removed… and  I have been trying to
have him removed since  before July….
When I emailed the police to have a formal complaint  against him….      I  am
going to  put the  emails in the blog…. 

 

Please someone out there … if anyone reads  this blog.. HELP!  Someone out there has to know the real laws…
and can help!!!!!!! Total injustice at hand again….

 

When I called the police again… later this evening after I
had deputy palmer badge 2530 at my house… 
and I was telling him about the “kids” who I was reaching when calling
my sisters cell number…. Who actually told me when I asked who was on the
phone… they said “they will never tell… “

When I was calling my mom’s telephone number and reaching a
person who did not know family history.. or improperly answered questions.. or
did not even know what was in the motion I had sent her and she read back to
me….  

When I told him of the years I had to endure of bulling and
of karn kahel’s trespassing.. and  the
lies told to me.. and even todays conversations 
where nothing made sense….   Then
after he left I called my mom and got a really weird ring before reaching
someone who sounded like her who wanted to sing… and say prayers. But not any
real conversation….  Who said  she talked to the guardian who was just
fired.. who told me that Patrick and judge murphy were old friends..  which now that I think about it is enough
grounds for a change of judge…    
conflict of interest and all…

This is what I do not understand…   how can I I have judge murphy and judge kier
and also have magistrate friedman and judge brodie all for the same cases?  I keep getting conflicting info and I
don’t  know what is the correct
information… and who is the real judge in charge…

I mean judge murphy is not for guardianship…. At all he is
supposed to be for foreclosure case that case was already dismissed…. Or
vacated.. I can’t remember… but it was over with since the HOA lawyers were
trying to serve  a ward… instead of a
guardian…   

No new case has been set in motion… and  no new case can be set until I am allowed to
get COMPETANT legal representation …. That means a lawyer who actually knows
the laws.. and who can help…. To defend or mediate the situation…. Patrick
weber is an ass.. who had no  foreclosure
knowledge and was supposed to help get representation… he tried to talk to
legal aid once.. and tried to  contact
Darrin Phillps…  one lawyer .. in all of
Naples? What the hell…    really
negligent….   And still never got any
representation…

I wonder if he is thinking that the 4-5thousand dollars he
is getting to be a guardians and do nothing.. that is not enough.. I wonder if
he was promised a percentage of the profits of 
the cost of a condo…  maybe
someone should start  an investigation in
other  infractions the guardianship  program is doing… I was told that he may have
had something to do with the  use of my
name and social security number opening a regions bank account.. complete
identity theft.. and illegal.. a way for him to steal money? Yep something
really stinks…  with this entire
situation….. …   I want the real  truth 
to be known…  and  justice and 
jail time for these con-artists/ criminals…  

HELP HELP HELP HELP HELPHELP HELP HELP HELP HELP
HELP HELP HELP HELP HELP HELP HELP HELP 
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

IN  THE  CIRCUIT COURT FOR  COLLIER COUNTY FLORIDA                                         PROBATE DIVISION
IN RE:  GUARDIANSHIP OF
MARY JEAN ZISKA,	File No.  06-116-GA
	Division  Probate

 

REPORT & RECOMMENDED ORDER OF THE MAGISTRATE

 

Issues Presented:

 

The Ward’s Petition
To Discharge Temporary Guardian

 

________    Petitioner                                                ________    Attorney For Petitioner

 

________    Respondent/Ward                                 ________    Attorney For Respondent/Ward

 

________    Court Reporter                                     ________    Public Guardian

 

________    Others                                                     ________    Clerk Of Court

 

 

FINDINGS OF FACT

 

 

          This cause has come to be heard before the undersigned Magistrate on
November 15, 2012 on the Ward’s Petition To Discharge Temporary Guardian.  The Ward in this matter is MARY JEAN
ZISKA.  The Order of Referral to the
Magistrate was filed with the Collier County Clerk of Court November 13,
2012.  The Magistrate has jurisdiction
pursuant to Florida Probate Rule 5.095. 
This Court being otherwise advised, the following findings of fact are
made.

 

 

 

1.              
This matter was presented at a hearing
before the Magistrate, DAVID FRIEDMAN, on November 15, 2012.  The Ward was represented at the hearing by
Attorney Larry S. Pivacek, Esquire. 

2.              
A Petition To Appoint Temporary
Guardian was previously filed in this matter.  By Order of the Court, the Office of Collier
County Public Guardian was appointed to represent the Ward as a temporary and
limited guardian.

3.              
The Letters Of Temporary Guardian
were signed by the Court on March 23, 2012 and were filed with the Collier
County Clerk of Court on March 26, 2012.

4.              
More than ninety (90) days have elapsed
since the rendition of the Letters of Temporary Guardianship.

5.              
Pursuant to Section 744.3031(3), Fla. Stat., the current Temporary
Guardian should be DISCHARGED and the Ward should be permitted a limited period
of time to have a new applicant complete the necessary application to become
her replacement Temporary Guardian.

6.              
The Attorney for the Ward has indicated
that the Ward seeks to have Mr. Scott Renshaw apply to become her new Temporary
Guardian.

7.              
The Attorney for the Ward have submitted
a copy of this Report & Recommended Order of the Magistrate to the
following attorneys herein-identified below on the Service List and all
attorneys have affirmed that they have no objection to the Report &
Recommended Order of the Magistrate and that they WAIVE the right to file
exceptions to same.  See attached Exhibit
A (consent E-Mail from Attorney Patrick Weber); Exhibit B (consent
E-Mail from Attorney Diane Simons); and Exhibit C (consent E-Mail from
Attorney Shayna Cavanaugh).

 

 

 

 

 

 

 

(Remainder Of Page Intentionally Left Blank)

 

 

RECOMMENDED ORDER OF THE MAGISTGRATE

          

  Based
upon the above stated Finding Of Fact, the Magistrate makes the following
Recommended Order:

1.     
It is the Recommendation of the
Magistrate that the Ward’s Petition To Discharge Temporary Guardian in
the form of the Office of Collier County Public Guardian should be
GRANTED.  

2.     
It is the Recommendation of the
Magistrate that the Ward, MARY JEAN ZISKA, shall be permitted ten (10) days
from the date that this Recommended Order of the Magistrate is adopted
as an Order of the Court to obtain a new Temporary Guardian and to have that
Temporary Guardian replace the former Temporary Guardian.  There is no objection to the Ward’s request
that Scott Renshaw be permitted to apply for and serve as Temporary Guardian of
the Ward should he comply with all necessary and legal requirements for
appointment as such.

3.      It is the Recommendation of the Magistrate that this Report &
Recommended Order of the Magistrate be immediately adopted as an Order of
the Court due to the consent of opposing counsel and the waiver the right to
take exceptions by opposing counsel.

 

 

Dated: ______________________,
2012

 

 

                                                                        By:      ____________________________________

                                                                                    Honorable
David Friedman, Magistrate

                                                                                    Twentieth
Judicial Circuit

 

 

Service List For Conformed Copies (By Regular U.S. Mail &
E-Mail):

Shayna Cavanaugh, Esquire, 2500 Tamiami
Trail North, Suite 218, Naples, Florida 34103

Diane M. Simons, Esquire, 850 Park Shore
Drive, Third Floor, Naples, Florida 34103

Patrick C. Weber, Esquire, 4670 Cardinal
Way, Suite 301, Naples, Florida 34112-6665

Larry S. Pivacek, Esquire, 2260 Royal
Lane, Naples, Floriad 34112

 

 

To the Collier Co. County court system:

I just called the police at 6:21 PM on December 12, 2012 to
report abusive phone a messages and someone is impersonating my mother with a
Chicago accent. I wanted to actually file a restraining order against Patrick
Weber for showing up the court case where he was not allowed nor invited nor
was he actually supposed to be there as he’d been dismissed due to his
negligent behavior is misconduct and his abusive behavior towards me the Ward
Mary Jean Ziska the same people actually likes me on the phone telling me Joe
at of the condo association with at the court hearing today and did not the to
my mother which was a lie because 2 min. ago I was outside getting addresses
and saw Joe pulling into his driveway and asked him he said no he was not at a
court case so these people have been trying to isolate me from my neighbors, to
lie to me about court procedures and everything that happened in court today  

 

Officer palmer came to my assistance….. about the screwed up
phone situation… and the people on the phone who could not possibly be my
family or  my friends… This is how I know
the people on the phone could not possibly have been friends or my mom first
off they were talking to Patrick Weber who is just fired as my Guardian for
being abuse of for his misconduct and for his negligence… They were also
talking to Diane Simmons Burns who is the lawyer for the homeowners Association
and not my lawyer but an opposing lawyer that was trying to foreclose upon my
home… Then they said that the judge in Patrick Weber were friends and that’s
why the judge came up with the decision to demand that I have a Guardian by 21
December that’s only nine days away and he said that he would actually put one
in place… Which he has no authority to do since he is not in the guardianship case
at all! It’s all lies! It is  by the
abusive repulsive Patrick Weber has little sidekicks and all intent on ruining
my Christmas and making sure that I lose my home… Do you know how I know it’s
by the abusive Patrick Weber that the decision today and the entire episode
today was conducted… Because he was there At a court  case where he was already  fired as my Guardian  and has 
no authority…. and should not have been in the court room let alone
anywhere near any of my persons or have anything to do with anything in my
life…

Also there  is a
guardianship lawyer … not the HOA lawyer who ….has been helping me with the
guardianship selection and the entire process… in fact on  the 9^th of Dec. I had  an email to say that I  will be happy after the court case.. and that
it will be most likely canceled….  Since
I did not have a guardian in place nor legal representation in place…. Which is
against the law.. and against the Fla statutes… 
744 but  this  Patrick weber who is most likely the same
person who was flirting with the HOA paralegal Kelly…  and the same guy who threatened me when I
stood up for my rights… and the same 
abusive and horrid person who gets a kick out of his power over women..
you know like a rapist.. who has to overpower woman to  get a hard on…  a bully at heart like karne kahel… and  a horrid abusive type person.. who
manipulates lives and destroys lives… on purpose….  And these people want me to have another
person like this in my life?   who the
hell would show up  at  the courthouse… when  they were not involved in the case unless they
wanted to cause harm….    Right?  What type of sicko need to watch people get
upset…  at  a judge who does not have jurisdiction over
picking a guardian for me…  and who would
say such a thing in the court….  Something is very wrong.. I got an email
from  larry on the 9^th telling
me that Patrick is out… then all these panic emails that  I had to go to court… then that I had to pick
a guardian in ten days starting the 5^th of Dec…. what the hell… I
just found out that the guardian was officially gone… on the 9^th…
there is no way that counting down… from the 5^th could be possible…
if he had not been officially removed… they must have been psychic to know
ahead of time.. and put the paperwork 
for need of a new guardian  on the
5^th…. Someone is lying …. someone is trying to con me out of my
condo.. and it is criminals and con artist at work… not actors… or
couldn’t  be possible that it is the
actual real right people right?,.,, judge who doesn’t know  where his boundaries are?… a mom who is
cozy with  a guardian who had been fired
because of his abuse, his neglect and his misconduct…      No way… and I get  a great and professional email  on the 9^th from a lawyer… larry..
my guardianship lawyer.. and yesterday an email that was almost contradicting
what was said… on the  9^th… I
mean he said the hearing should have been canceled…  which is what I had been saying.. and the
reason I did not go  was because  there was an email sent to my mom’s email
address that said Patrick might be there….

 

This is a group  of
conartists who  wanted me out of my condo
on the 10^th or the 12^th… who now want me out of my condo
on the 21^st… and who have been stealing from me and my family for
the past 13 years… and no none has stopped them or their manipulation….   Has stopped the destruction  they have do to people and to lives that
should have been great… but that  they
destroy on purpose all for money.. same group 
who stole  at least $200,000.00
off my mortgages.. with their scams… and who will continue to destroy lives
with  manipulating emails.. and spoofed
numbers… and with there lies and manipulation of the real truth..

 the real truth
..  today no hearing should have
happened….   By law I am guaranteed real
legal representation …. And real help from a real guardian…  and real laws need to be followed…  this is like the same situation where the
idiot actually tried to waive the statute of limitations as he kept flirting
with Kelly the paralegal…. From the HOA law group…   when as a guardian and  a lawyer he should have been on my side.. and
he was there to ask for a continuance… not to harm me…  and try to get an extension for the HOA group
to continue with an attempt of a foreclosure ….   I mean I’ve heard o f really shitty lawyers..
but this action is soooo wrong  … the
misconduct of this person .. who was supposed to be helping me..  these are the actions that enabled us to have
him removed… and  I have been trying to
have him removed since  before July….
When I emailed the police to have a formal complaint  against him….      I  am
going to  put the  emails in the blog…. 

 

Please someone out there … if anyone reads  this blog.. HELP!  Someone out there has to know the real laws…
and can help!!!!!!! Total injustice at hand again….

 

When I called the police again… later this evening after I
had deputy palmer badge 2530 at my house… 
and I was telling him about the “kids” who I was reaching when calling
my sisters cell number…. Who actually told me when I asked who was on the
phone… they said “they will never tell… “

When I was calling my mom’s telephone number and reaching a
person who did not know family history.. or improperly answered questions.. or
did not even know what was in the motion I had sent her and she read back to
me….  

When I told him of the years I had to endure of bulling and
of karn kahel’s trespassing.. and  the
lies told to me.. and even todays conversations 
where nothing made sense….   Then
after he left I called my mom and got a really weird ring before reaching
someone who sounded like her who wanted to sing… and say prayers. But not any
real conversation….  Who said  she talked to the guardian who was just
fired.. who told me that Patrick and judge murphy were old friends..  which now that I think about it is enough
grounds for a change of judge…    
conflict of interest and all…

This is what I do not understand…   how can I I have judge murphy and judge kier
and also have magistrate friedman and judge brodie all for the same cases?  I keep getting conflicting info and I
don’t  know what is the correct
information… and who is the real judge in charge…

I mean judge murphy is not for guardianship…. At all he is
supposed to be for foreclosure case that case was already dismissed…. Or
vacated.. I can’t remember… but it was over with since the HOA lawyers were
trying to serve  a ward… instead of a
guardian…   

No new case has been set in motion… and  no new case can be set until I am allowed to
get COMPETANT legal representation …. That means a lawyer who actually knows
the laws.. and who can help…. To defend or mediate the situation…. Patrick
weber is an ass.. who had no  foreclosure
knowledge and was supposed to help get representation… he tried to talk to
legal aid once.. and tried to  contact
Darrin Phillps…  one lawyer .. in all of
Naples? What the hell…    really
negligent….   And still never got any
representation…

I wonder if he is thinking that the 4-5thousand dollars he
is getting to be a guardians and do nothing.. that is not enough.. I wonder if
he was promised a percentage of the profits of 
the cost of a condo…  maybe
someone should start  an investigation in
other  infractions the guardianship  program is doing… I was told that he may have
had something to do with the  use of my
name and social security number opening a regions bank account.. complete
identity theft.. and illegal.. a way for him to steal money? Yep something
really stinks…  with this entire
situation….. …   I want the real  truth 
to be known…  and  justice and 
jail time for these con-artists/ criminals…  

HELP HELP HELP HELP HELPHELP HELP HELP HELP HELP
HELP HELP HELP HELP HELP HELP HELP HELP 
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

To the Collier Co. County court system:

I just called the police at 6:21 PM on December 12, 2012 to
report abusive phone a messages and someone is impersonating my mother with a
Chicago accent. I wanted to actually file a restraining order against Patrick
Weber for showing up the court case where he was not allowed nor invited nor
was he actually supposed to be there as he’d been dismissed due to his
negligent behavior is misconduct and his abusive behavior towards me the Ward
Mary Jean Ziska the same people actually likes me on the phone telling me Joe
at of the condo association with at the court hearing today and did not the to
my mother which was a lie because 2 min. ago I was outside getting addresses
and saw Joe pulling into his driveway and asked him he said no he was not at a
court case so these people have been trying to isolate me from my neighbors, to
lie to me about court procedures and everything that happened in court today  

 

Officer palmer came to my assistance….. about the screwed up
phone situation… and the people on the phone who could not possibly be my
family or  my friends… This is how I know
the people on the phone could not possibly have been friends or my mom first
off they were talking to Patrick Weber who is just fired as my Guardian for
being abuse of for his misconduct and for his negligence… They were also
talking to Diane Simmons Burns who is the lawyer for the homeowners Association
and not my lawyer but an opposing lawyer that was trying to foreclose upon my
home… Then they said that the judge in Patrick Weber were friends and that’s
why the judge came up with the decision to demand that I have a Guardian by 21
December that’s only nine days away and he said that he would actually put one
in place… Which he has no authority to do since he is not in the guardianship case
at all! It’s all lies! It is  by the
abusive repulsive Patrick Weber has little sidekicks and all intent on ruining
my Christmas and making sure that I lose my home… Do you know how I know it’s
by the abusive Patrick Weber that the decision today and the entire episode
today was conducted… Because he was there At a court  case where he was already  fired as my Guardian  and has 
no authority…. and should not have been in the court room let alone
anywhere near any of my persons or have anything to do with anything in my
life…

Also there  is a
guardianship lawyer … not the HOA lawyer who ….has been helping me with the
guardianship selection and the entire process… in fact on  the 9^th of Dec. I had  an email to say that I  will be happy after the court case.. and that
it will be most likely canceled….  Since
I did not have a guardian in place nor legal representation in place…. Which is
against the law.. and against the Fla statutes… 
744 but  this  Patrick weber who is most likely the same
person who was flirting with the HOA paralegal Kelly…  and the same guy who threatened me when I
stood up for my rights… and the same 
abusive and horrid person who gets a kick out of his power over women..
you know like a rapist.. who has to overpower woman to  get a hard on…  a bully at heart like karne kahel… and  a horrid abusive type person.. who
manipulates lives and destroys lives… on purpose….  And these people want me to have another
person like this in my life?   who the
hell would show up  at  the courthouse… when  they were not involved in the case unless they
wanted to cause harm….    Right?  What type of sicko need to watch people get
upset…  at  a judge who does not have jurisdiction over
picking a guardian for me…  and who would
say such a thing in the court….  Something is very wrong.. I got an email
from  larry on the 9^th telling
me that Patrick is out… then all these panic emails that  I had to go to court… then that I had to pick
a guardian in ten days starting the 5^th of Dec…. what the hell… I
just found out that the guardian was officially gone… on the 9^th…
there is no way that counting down… from the 5^th could be possible…
if he had not been officially removed… they must have been psychic to know
ahead of time.. and put the paperwork 
for need of a new guardian  on the
5^th…. Someone is lying …. someone is trying to con me out of my
condo.. and it is criminals and con artist at work… not actors… or
couldn’t  be possible that it is the
actual real right people right?,.,, judge who doesn’t know  where his boundaries are?… a mom who is
cozy with  a guardian who had been fired
because of his abuse, his neglect and his misconduct…      No way… and I get  a great and professional email  on the 9^th from a lawyer… larry..
my guardianship lawyer.. and yesterday an email that was almost contradicting
what was said… on the  9^th… I
mean he said the hearing should have been canceled…  which is what I had been saying.. and the
reason I did not go  was because  there was an email sent to my mom’s email
address that said Patrick might be there….

 

This is a group  of
conartists who  wanted me out of my condo
on the 10^th or the 12^th… who now want me out of my condo
on the 21^st… and who have been stealing from me and my family for
the past 13 years… and no none has stopped them or their manipulation….   Has stopped the destruction  they have do to people and to lives that
should have been great… but that  they
destroy on purpose all for money.. same group 
who stole  at least $200,000.00
off my mortgages.. with their scams… and who will continue to destroy lives
with  manipulating emails.. and spoofed
numbers… and with there lies and manipulation of the real truth..

 the real truth
..  today no hearing should have
happened….   By law I am guaranteed real
legal representation …. And real help from a real guardian…  and real laws need to be followed…  this is like the same situation where the
idiot actually tried to waive the statute of limitations as he kept flirting
with Kelly the paralegal…. From the HOA law group…   when as a guardian and  a lawyer he should have been on my side.. and
he was there to ask for a continuance… not to harm me…  and try to get an extension for the HOA group
to continue with an attempt of a foreclosure ….   I mean I’ve heard o f really shitty lawyers..
but this action is soooo wrong  … the
misconduct of this person .. who was supposed to be helping me..  these are the actions that enabled us to have
him removed… and  I have been trying to
have him removed since  before July….
When I emailed the police to have a formal complaint  against him….      I  am
going to  put the  emails in the blog…. 

 

Please someone out there … if anyone reads  this blog.. HELP!  Someone out there has to know the real laws…
and can help!!!!!!! Total injustice at hand again….

 

When I called the police again… later this evening after I
had deputy palmer badge 2530 at my house… 
and I was telling him about the “kids” who I was reaching when calling
my sisters cell number…. Who actually told me when I asked who was on the
phone… they said “they will never tell… “

When I was calling my mom’s telephone number and reaching a
person who did not know family history.. or improperly answered questions.. or
did not even know what was in the motion I had sent her and she read back to
me….  

When I told him of the years I had to endure of bulling and
of karn kahel’s trespassing.. and  the
lies told to me.. and even todays conversations 
where nothing made sense….   Then
after he left I called my mom and got a really weird ring before reaching
someone who sounded like her who wanted to sing… and say prayers. But not any
real conversation….  Who said  she talked to the guardian who was just
fired.. who told me that Patrick and judge murphy were old friends..  which now that I think about it is enough
grounds for a change of judge…    
conflict of interest and all…

This is what I do not understand…   how can I I have judge murphy and judge kier
and also have magistrate friedman and judge brodie all for the same cases?  I keep getting conflicting info and I
don’t  know what is the correct
information… and who is the real judge in charge…

I mean judge murphy is not for guardianship…. At all he is
supposed to be for foreclosure case that case was already dismissed…. Or
vacated.. I can’t remember… but it was over with since the HOA lawyers were
trying to serve  a ward… instead of a
guardian…   

No new case has been set in motion… and  no new case can be set until I am allowed to
get COMPETANT legal representation …. That means a lawyer who actually knows
the laws.. and who can help…. To defend or mediate the situation…. Patrick
weber is an ass.. who had no  foreclosure
knowledge and was supposed to help get representation… he tried to talk to
legal aid once.. and tried to  contact
Darrin Phillps…  one lawyer .. in all of
Naples? What the hell…    really
negligent….   And still never got any
representation…

I wonder if he is thinking that the 4-5thousand dollars he
is getting to be a guardians and do nothing.. that is not enough.. I wonder if
he was promised a percentage of the profits of 
the cost of a condo…  maybe
someone should start  an investigation in
other  infractions the guardianship  program is doing… I was told that he may have
had something to do with the  use of my
name and social security number opening a regions bank account.. complete
identity theft.. and illegal.. a way for him to steal money? Yep something
really stinks…  with this entire
situation….. …   I want the real  truth 
to be known…  and  justice and 
jail time for these con-artists/ criminals…  

HELP HELP HELP HELP HELPHELP HELP HELP HELP HELP
HELP HELP HELP HELP HELP HELP HELP HELP 
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

IN  THE  CIRCUIT COURT FOR  COLLIER COUNTY

FLORIDA                                                              PROBATE
DIVISION        

IN RE:  GUARDIANSHIP
OF  MARY JEAN ZISKA, 

File No.  06-116-GA                                        

                Division  Probate 

REPORT & RECOMMENDED ORDER OF THE MAGISTRATE 

Issues Presented: 

The Ward’s Petition To Discharge Temporary Guardian

 

________    Petitioner                  ________    Attorney For Petitioner

 

________   
Respondent/Ward                 ________    Attorney For Respondent/Ward

 

________    Court
Reporter                        ________    Public Guardian

 

________    Others                         ________    Clerk Of Court

FINDINGS OF FACT

          This cause
has come to be heard before the undersigned Magistrate on November 15, 2012 on
the Ward’s Petition To Discharge Temporary Guardian.  The Ward in this matter is MARY JEAN
ZISKA.  The Order of Referral to the
Magistrate was filed with the Collier County Clerk of Court November 13,
2012.  The Magistrate has jurisdiction
pursuant to Florida Probate Rule 5.095. 
This Court being otherwise advised, the following findings of fact are
made.

1.            This
matter was presented at a hearing before the Magistrate, DAVID FRIEDMAN, on
November 15, 2012.  The Ward was
represented at the hearing by Attorney Larry S. Pivacek, Esquire. 

2.            A
Petition To Appoint Temporary Guardian was previously filed in this
matter.  By Order of the Court, the
Office of Collier County Public Guardian was appointed to represent the Ward as
a temporary and limited guardian.

3.            The
Letters Of Temporary Guardian were signed by the Court on March 23, 2012 and
were filed with the Collier County Clerk of Court on March 26, 2012.

4.            More than
ninety (90) days have elapsed since the rendition of the Letters of Temporary
Guardianship.

5.            Pursuant
to Section 744.3031(3), Fla. Stat., the current Temporary Guardian should be
DISCHARGED and the Ward should be permitted a limited period of time to have a
new applicant complete the necessary application to become her replacement
Temporary Guardian.

6.            The
Attorney for the Ward has indicated that the Ward seeks to have Mr. Scott
Renshaw apply to become her new Temporary Guardian.

7.            The
Attorney for the Ward have submitted a copy of this Report & Recommended
Order of the Magistrate to the following attorneys herein-identified below on
the Service List and all attorneys have affirmed that they have no objection to
the Report & Recommended Order of the Magistrate and that they WAIVE the
right to file exceptions to same.  See
attached Exhibit A (consent E-Mail from Attorney Patrick Weber); Exhibit B
(consent E-Mail from Attorney Diane Simons); and Exhibit C (consent E-Mail from
Attorney Shayna Cavanaugh).   

(Remainder Of Page Intentionally Left Blank)

RECOMMENDED ORDER OF THE MAGISTGRATE

                Based
upon the above stated Finding Of Fact, the Magistrate makes the following
Recommended Order:

1.            It is the
Recommendation of the Magistrate that the Ward’s Petition To Discharge
Temporary Guardian in the form of the Office of Collier County Public Guardian
should be GRANTED.  

2.            It is the
Recommendation of the Magistrate that the Ward, MARY JEAN ZISKA, shall be
permitted ten (10) days from the date that this Recommended Order of the
Magistrate is adopted as an Order of the Court to obtain a new Temporary
Guardian and to have that Temporary Guardian replace the former Temporary
Guardian.  There is no objection to the
Ward’s request that Scott Renshaw be permitted to apply for and serve as
Temporary Guardian of the Ward should he comply with all necessary and legal
requirements for appointment as such.

3.            It is the
Recommendation of the Magistrate that this Report & Recommended Order of
the Magistrate be immediately adopted as an Order of the Court due to the
consent of opposing counsel and the waiver the right to take exceptions by
opposing counsel. 

Dated:  ______________________,
2012                                                                                                          By:                   ____________________________________

                                                                                                                                Honorable
David Friedman, Magistrate

                                                                                                                                Twentieth
Judicial Circuit

 

 

Service List For Conformed Copies (By Regular U.S. Mail
& E-Mail):

Shayna Cavanaugh, Esquire, 2500 Tamiami Trail North, Suite
218, Naples, Florida 34103

Diane M. Simons, Esquire, 850 Park Shore Drive, Third Floor,
Naples, Florida 34103

Patrick C. Weber, Esquire, 4670 Cardinal Way, Suite 301,
Naples, Florida 34112-6665

Larry S. Pivacek, Esquire, 2260 Royal Lane, Naples, Floriad
34112

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Re: got horrid emails and phone calls… about guardianship
pushed to be in place by tomorrow for court with judge murphy… not my mom or
my friends doing this…. help

Monday, December 10, 2012 8:14 PM

From:  “Larry
Pivacek” <larrypivacek@gmail.com>

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

Mary Jean 

Scott needs to fill out an Application For Guardian.  He may wish to consult a lawyer about getting
that work done.  I represent you so I can
not represent him and give him legal advice.

But the first thing he needs to do is get the application
filled out, completely, and file the original with the Probate Department and
copies to you, me, you Mom, Shayna and the HOA attorney. 

Let me know when that gets filed. 

Try to relax and not worry about the situation with
Patrick. 

Just bring the Order discharging him to Judge Murphy’s court
if you think the judge needs to see it. 

As far as the phone calls go, I am sorry that you are having
to endure that, but I do not know where they are coming from and who is calling
you. 

Hopefully the calls will end after your next foreclosure
hearing. 

Best wishes,   Larry

On Mon, Dec 10, 2012 at 6:51 PM, mary jean ziska
<whatabtmary@yahoo.com> wrote:

    Larry… i went to
bed after emailing you thanks for getting rid of patrick weber….  and woke up at 5pm… to find a ton of emails
from  someone pretending to be my mom
trying to  have scott sign paperwork…
and trying to put him in place for the court date of tomorrow… what the hell
is going on again….  the caller id of
the “fake” mom was #8…. when i hung up does that mean anything to
do l… my mom’s phone number  should
have been  239-598-1515 ….. and to be
perfectly honest she was a bitch…. 
more like that mean HOA lawyer… or nurse Kirkpatrick…

    she claimes she
got paperwork from a company called CLC….. telling her i needed to have a
guardian in place for the court date tomorrow….    i had emiled my mom the good news that
patrick was out… and then this??????????????????????????????  again with the bulling and the pressure…

    i need your help
as my guardianship lawyer…. i just got the email from you on the 9th… and
she is saying that the paperwork this person got in the mail is from the 5th
of  Dec… how can she have paperwork
sent to her before the official outing of Patrick…. its more lies…  and you would have received paperwork and
told me… and what the hell is cwc… never heard of it….

    God these people
are soooooooo evil… they have ruined my holiday Christmas season…  and with the 
same malicious intent.. of the bulling and stealing in the past…. 

    its got to be with
the same evil group of that abusive guardian….

    HELP… please get
a message to judge Murphy…. and make sure Patrick is not there…PLease….

    What are the
official papers that Scott needs to sign?….  
thanks for your help and honesty….i feel like i am surrounded by
crooks again….and manipulators… and bullies… defiantly not my family or
my friends… hell, i just had my mom and sister over to make cookies….  completely different than talking to these
crooks on the phone….

    thanks again  mary jean ziska

Hi larry, who the hell are these people?…  larry…. 
what is going on …. about criteria.. why the deadline… scott wont be
here and moving in to help until Feb.. can he still be a guardian so far away..
and for a limited guardian… a very limited guardianship… I do everything
else all on my own…. i just needed a guardian…. to help with legal and
financial matters and to protect me from the bulling HOA lawyers…. and so i
can have help with all this…

 i cant get a lawyer
in 10 days .. to help defend anything…if Scott is put in place as my guardian
in Texas… will the HOA try to take me to court to foreclose.. even when i
don’t have legal  help yet?… what is
their motivation… . i have a year of things to do in a very short time to fix
what Patrick did not do,…..  i am just
now trying to set up a continuance… what the hell is going on….
again….  are these all the papers you
said Scott should sign? never heard of the lawyers involved… who are they….
and why the hell are they now involved? 
help! mary jean ziska … 

 Wed, 12/12/12, Marion
Gregory <naplesmarion@aol.com> wrote: 

    From: Marion
Gregory <naplesmarion@aol.com>

    Subject: Fwd: Send
data from MFP07304165 12/12/2012 16:02 importahnt – see “recmmended order
of the magistratgrate

    To:
whatabtmary@yahoo.com, Lsrenshaw@yahoo.com

    Cc:
naplesmarion@aol.com

    Date: Wednesday,
December 12, 2012, 7:06 PM

    Mary Jean.  read no. 2 CAREFULLY AS IT STATES THAT IT IS
HIS RECOMMENDATION THAT YOU BE PERMITTED 10 DAYS AND ALSO THAT “THERE IS
NO OBJECTION TO YOUR REQUEST THAT Scott Renshaw BE PERMITTED TO APPLY FOR AND
SERVE AS TEMPORARY guardian OF THE ward SHOULD HE COMPLY WITH ALL NECESSARY AND
LEGAL REQUIREMENTS FOR APPOINTMENT AS SUCH.”    

    You need to find
out exactly what the necessary and legal requirements for appointment are.      

    —–Original
Message—–

    From: ckclawyers
<ckclawyers@yahoo.com>

    To: naplesmarion
<naplesmarion@aol.com>

    Sent: Wed, Dec 12,
2012 2:00 pm

    Subject: Send data
from MFP07304165 12/12/2012 16:02/    

    Scanned from
MFP07304165

    Date: 12/12/2012
16:02

    Pages: 4/    Resolution: 200×200 DPI/

Dear larry,  I  got a call from  239-598-1515 …. supposed to be  my 
mom’s number right?… and telling me that she went to the court case
today… and that judge Murphy decided he will appoint me a guardian by the
21st What the hell is up with that?…. he has no jurisdiction over the
guardianship… and we have Scott Renshaw 
selected  as the guardian to
replace Patrick.. and then who ever was on the phone went on to say that she
was talking to  Diane… and  that Patrick was there…. what the hell was
he doing at the court house?   at a case
where he had been dismissed….  that
means fired right.. you said he would no longer be in my life to screw up
everything and to abuse me…

 

I want a restraining order 
filed to make sure he can no longer harm me… or be involved in
anything to do with the guardianship or the 
HOA case… i had someone on the phone tell he that they thought that
their prayers were being answered….that i might lose my home … and that
Patrick Weber is friends with judge Murphy… and  that is why he tried to say he is writing up
an order to have a stranger put in place as my guardian… NO WAY>>>

 I will not accept
another opportunity for abuse….   by a
guardian who is what?.. another friend of Patrick Weber?… no way….. I want
real justice… and fairness… and for this to be done right…. so that i can
get the money they want .. but now i have to do everything Patrick Weber did
not do…. which is why we are changing guardians….. to get real help… and
get real legal help….. 

 

This is getting really out of hand… and totally against
the law…. and soo biased in favor of the HOA lawyers…  and at the exact time I was finally able to
remove remove Patrick and  get   Scott as my guardian… they are trying not
to  do this all before Christmas…  what evil and calculated people…

 

speaking of the HOA… this person on the phone also said
they were speaking with…. the head of the HOA… and i saw Joe outside when
he was parking his car and he said he was not at court today… whoever was on
the phone was lying to me.. and my mom would not be talking to Patrick Weber…
or to Diane simons- burnside….

 

 whoever was on the
phone didn’t seem to have any idea about the motion…I tried to write.. to ask
for a continuance… and  Judge Murphy
ignored it completely… and the laws to protect me completely…

 

HELP….

Since I don’t leave 
my home these days.. i need to get the paperwork to  file a restraining order against Patrick….
Weber.. immediately.. so he cannot show up at court  cases 
where he has been fired  as my
guardian.. cannot bully me by being present anywhere near me or any of my
cases…  Can I get you to email me the
paperwork?… l should have filed a restraining order against  Karen Kahel years ago …but was too chicken
then…to stand up for my rights….  
but now i will be very vocal about his intrusion his misconduct,  and his abuse…  and  i
want protection from him and   anyone
working under his name or on his behalf…

 

. 

 

  

 

A Tender Loving Care Service

 

Marion Gregory  
Director 239-598-1515

 

naplesmarion@aol.com

 

Mary Jean Ziska  
Assistant Director 239-287-2294

 

whatabtmary@yahoo.com

Re: hi larry… please tell the judge of the statues…. 744
and my rights… and the status of scott being put inplace as my new
guardian…. please …. before the court date tomorrow… thanks mary jean
ziska

Wednesday, December 12, 2012 8:11 AM

From:”mary jean ziska” whatabtmary@yahoo.com                                                                                                       
To:  “Larry Pivacek”
<larrypivacek@gmail.com>Cc:mary jean ziska” <whatabtmary@yahoo.com>,
“mary jean ziska me!” <whatabtmary@gmail.com>,
maryjeanziska@mysearchforjustice.com

Message contains attachments    File (31K 

    Motion for
Continuance Petition by Mary Jean Ziska final draft december 4th
2012.docxMotion for Continuance Petition by Mary Jean Ziska final draft
december 4th 2012.docx

no larry i am not going 
in front of the judge without having a lawyer on my side to help to
speak for me…  if they decide to harm
me any further by ignoring my rights.. I will have grounds to have a higher
authority  step in… i don’t care if i
have to contact every   news station or
the governor himself …. but i will not be bullied or pushed around by the
mean HOA lawyers…for  own benefits and
have my rights violated…  and made to
defend myself….  in a foreclosure
suit…. to a an make sure that  they are
penalized for harming me by violating my rights…  you are supposed to be protesting my right to
have a guardian… why are you doing nothing? to protect me…..  I’m glad i am not in a coma… you would suck
at protecting my right to have a guardian as the official guardianship
lawyer…

i’m sure the news stations would hate to make you look
negligent in this incident when i specifically asked for your help… that is
your job.. to help with my wishes concerning guardianship…. and i
specifically put it in writing… and emailed you more than  one time.. was it 4-5 times i have asked you
to specifically asked you to contact judge Murphy office and tell them the
status of the guardianship and that scott 
is not in place yet…. and that i will not go to court  and be bullied by the HOA lawyers… all on
my own… just as i would not go and be threatens by Patrick Weber…. 

this email sounds as if you are almost threatening me… is
that your intention?… you want to scare me as well?…bully me as well… i
am supposed to do what you and everyone 
wants but my wishes are ignored…. and i am supposed to do this and not
be represented?. I specifically asked for your help… as the person put in
charge of the guardianship who is supposed to protect my rights…… not in
defending me but in telling the judge that i have a right to have a guardian
… and a right for competent legal counsel…..    you sound completely different…. from
your last email yesterday you told me not to worry… now this morning you are
threatening my home ownership if i don’t go to court… when i would go all
alone without any representation…. at all … not a guardian… or even a
lawyer in place or a lawyer in place to help defend…. hummmm    

it would make great news covrerage… to have a person
declared incompetent be bullied by the big HOA law firm… be ignored when she
asked her guardianship lawyer to tell the judge there is not a guardian here to
help…. and to have a group bully me when no guardian is in place yet and no
legal rep is helping yet….. and see what they have to say about justice….
freedom and the collier court system and guardianship system here in
naples…..this is unforgivable…again…. to have to beg you to tell the
judge about my guardian ship rights…my civil rights…that are written to
protect me from these situations… in Florida statutes 744…..    I the HOA lawyers get to break and ignore
laws… and the old guardian patrick weber gets to be abusive, negligent
and   his misconduct in court…. is
allowed….

what the hell is with the protection awarded by the Florida
statutes…. for all the wards in the state… or at least in collier
county…someone better notify the proper authorities for a full fledged
investigation…. of all the people who may have been harmed! 

You are supposed to be helping me… not the HOA like
Patrick Weber did right?

I havn’t slept yet and it is now 7:55am trying to work on
fixing things i was not supposed to have to do all by myself.. and have Patrick
Weber get paid to do nothing for me…. 
i was going to go to sleep but thanks to your email my stomach is upset
.. and i hope i don’t start throwing up and my anxiety doesn’t  get really bad this morning….

i did not need this from you… you were supposed to be a
safe person who was put in place to help me… i am completely disappointed in
this last email from you … please don’t 
ever write like that to me again…. i don’t want to  need to worry about opening your
emails…like I  have to worry about
opening my mail box and getting bully cards sent with mean articles  and no signature.. but they actually had
Jesus stickers on them….   or having
mean phone calls…or anything  that
ruined my life these past 13 years…. that caused my nervous breakdown….

I will ask one more time will you please notify the judge
that i do not have a guardian or legal representation…. and give him a copy
of the motion i tried to write…. since i had no help for that as well…..
and did not have anyone to do that as well…. i emailed it to you …again i
sent  everyone copies…  here it is again..    mary jean ziska

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

    From: Larry
Pivacek <larrypivacek@gmail.com>

    Subject: Re: hi
larry… please tell the judge of the statues…. 744 and my rights… and the
status of scott being put inplace as my new guardian…. please …. before the
court date tomorrow… thanks mary jean ziska

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

    Date: Tuesday,
December 11, 2012, 11:12 PM

    Dear Mary Jean

    The judge has been
notified (through his Judicial Assistant) that Patrick Weber is no longer your
guardian.

 

    The HOA has agreed
to the removal of Mr. Weber as guardian and understands that you are in the
position of attempting to retain a new guardian. 

    These are good
aspects of your case and this means that the HEARING will PROBABLY not go
forward on the HOA motion tomorrow.

    However, and as I
have advised you many times in the past, I am not your attorney in that case
and I do not have sufficient knowledge of that case and the law of that case to
advise you as to what may happen before Judge Murphy.     

    I must recommend to you in the STRONGEST terms
that you should APPEAR as ordered in the foreclosure case tomorrow. 

    If you do not
appear at the hearing it will not AUTOMATICALLY cancel the hearing – the Judge
may proceed anyway.

    In other words do
not count on the hearing being cancelled because you do not appear.

    Even if the
hearing does not go forward, which is probable, the court may wish to discuss
the status of your case as well as when the HOA motion and hearing should be
re-set.

    You should be
present for such discussions.

    This will be your
opportunity to tell the judge what you have done to secure a new guardian.

    Please Mary Jean,
you have to summon the strength to appear in court.

    Everything I have
learned over the past nearly 25 years as an attorney tells me it will not be a
good thing for you if you do not appear at the hearing.

    My prayers are
with you!       Merry Christmas and God
Bless you!      Larry

    On Tue, Dec 11,
2012 at 1:46 PM, mary jean ziska <whatabtmary@yahoo.com> wrote:

        Hi Larry,                    Tuesday Dec. 11th 2012
1:35pm

        I am not going
to court tomorrow…. not without a guardian in place nor a lawyer representing
me….i would gt bullied by the HOA….I 
thought my request and that petition for a delay  would at least be enough grounds to have the
judge … not the HOA lawyers listen…. 
how is a case hearing  still going
through?  I don’t understand… how this
is still going through?…. Did Judge Murphy get the same info i emailed you?(
my attempt at a motion for continuance) 
are the fl statutes 744 still in place? 
Are my rights…  as a ward…
still the same as in the statutes…. and still being upheld by the judicial
system?

        When john
cardillo was my guardianship  lawyer …
and i had no guardian in place… and they were trying to get someone….   he told the judge and they postponed until i
had a guardian… then the guardian (patrick) was supposed to get the necessary
legal representation…. Isn’t that how it works?….

        How can they
have a ten minute hearing when i have no guardian set in place yet…..( who is
supposed to be helping with legal and financial matters)… and  a lawyer who is supposed to be able to
represent me… so i don’t  get  bullied by the HOA lawyer…. Did you notify
Judge Murphy that i do not have scott’s paperwork filed out  yet? 
who was or is supposed to represent me…. anyone who shows up?? and
they get to say anything?????

        Am I supposed
to try to call him?….I tried calling before…. and can’t email…   this all seems to be wrong…..  please tell judge murphy that scott will be
my guardian but is not officially sworn in yet…. please do this for me
today…. please Larry….please larry please….. i don’t want someone
going  in as my representative…. when i
did not ask anyone but for your help…. you to tell the judge about the status
of scott being my guardian…and that he is in process… but not  officially put in place yet….  can you get him a copy of the email i sent
where I tried  to write a motion….so he
is aware of fl statute 744….. and my rights as a ward…. i’m thinking he
must not have gotten the same paperwork 
my mom  was supposed to have sent
him… the paperwork i just emailed you…. how could he still have a hearing?
….. are laws put in place protect?  

        I had also
asked  my mom to have shanya to do the
same….( tell judge murphy)  I don’t
want anyone to have the power  to  screw up anything even worse….

        This is all so
unbelievable that the HOA is allowed to do whatever they want… did i tell you
that who ever was LIN on the phone.. said that since the HOA chose to have the
hearing…they are the only people to cancel it?  What the hell does that mean… is there
still a judge involved at all?  Did
they(HOA) become a higher judicial power than the judge? how are they allowed
to go above the florida statutes… and allowed to still continue the
foreclosure when i do not have the guardian or lawyer in place…. I hate being
bullied and  harmed…..

        so where am i
supposed to find this paperwork for scott? 
or is the lawyer scott contacts will he have the paperwork?  official paperwork…. not just something the
HOA types up so they think they have the authority to foreclose…. and bully
me without legal representation… what is this case number… the same as in
2011?….the case that was dismissed right? 
(07-3121-CC)?

        Please help me
as my guardianship lawyer….. representing me in this guardianship …. please
notify the judge that the guardianship is still in process… and not even
completed yet…and will not be completed by tomorrow…. and ask him to
cancel…. are you allowed to ask him to cancel?….. or just notify him that
the guardianship is just not in place yet…. I want real help to fix
everything… and do all that Patrick did not do for me…. and time to finish
fixing everything Patrick did not fix for me….     Please help…. Please email and let me
know that the judge murphy knows the progress/status of scott as my
guardian….

        thanks… yes
i hope that the bully calls stop… but i have been hoping for that for a long
time…. thanks mary jean Ziska

 

        — On Mon,
12/10/12, Larry Pivacek <larrypivacek@gmail.com> wrote:

            From:
Larry Pivacek <larrypivacek@gmail.com>

            Subject:
Re: got horrid emails and phone calls… about guardianship pushed to be in
place by tomorrow for court with judge murphy… not my mom or my friends doing
this…. help

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

            Date:
Monday, December 10, 2012, 8:14 PM

            Mary Jean

            Scott
needs to fill out an Application For Guardian.

            He may
wish to consult a lawyer about getting that work done.

            I
represent you so I can not represent him and give him legal advice.

            But the
first thing he needs to do is get the application filled out, completely, and
file the original with the Probate Department and copies to you, me, you Mom,
Shayna and the HOA attorney.

            Let me
know when that gets filed.

            Try to
relax and not worry about the situation with Patrick. 

            Just bring
the Order discharging him to Judge Murphy’s court if you think the judge needs
to see it.              As far as the phone calls go, I am
sorry that you are having to endure that, but I do not know where they are
coming from and who is calling you. 

            Hopefully
the calls will end after your next foreclosure hearing.

            Best
wishes,               Larry

            On Mon,
Dec 10, 2012 at 6:51 PM, mary jean ziska <whatabtmary@yahoo.com> wrote:

                Larry…
i went to bed after emailing you thanks for getting rid of patrick
weber….  and woke up at 5pm… to find
a ton of emails from  someone pretending
to be my mom trying to  have scott sign
paperwork… and trying to put him in place for the court date of tomorrow…
what the hell is going on again….  the
caller id of the “fake” mom was #8…. when i hung up does that mean
anything to do l… my mom’s phone number 
should have been  239-598-1515
….. and to be perfectly honest she was a bitch….  more like that mean HOA lawyer… or nurse
Kirkpatrick…

                she
claimes she got paperwork from a company called CLC…..  telling her i needed to have a guardian in
place for the court date tomorrow….   
i had emiled my mom the good news that patrick was out… and then
this??????????????????????????????  again
with the bulling and the pressure…

 

                i need
your help as my guardianship lawyer…. i just got the email from you on the
9th… and she is saying that the paperwork this person got in the mail is from
the 5th of  Dec… how can she have
paperwork sent to her before the official outing of Patrick…. its more
lies…  and you would have received paperwork
and told me… and what the hell is cwc… never heard of it….

                God these people are soooooooo
evil… they have ruined my holiday Christmas season…  and with the 
same malicious intent.. of the bulling and stealing in the past….

                its
got to be with the same evil group of that abusive guardian….

               
HELP… please get a message to judge Murphy…. and make sure Patrick
is not there…PLease….

                What
are the official papers that Scott needs to sign?….   thanks for your help and honesty….i feel
like i am surrounded by crooks again….and manipulators… and bullies…
defiantly not my family or my friends… hell, i just had my mom and sister
over to make cookies….  completely
different than talking to these crooks on the phone….

                thanks
again  mary jean ziska

 

 

 

 

Motion for Continuance Petition by
Mary Jean Ziska:  December 4, 2012

Filed by Petitioner:  Mary Jean Ziska paperwork copied and sent:

1.    
Judge Murphy :  Collier County Government Complex 3315 Tamiami Trail East
Suite 307 Naples Florida 34112

2.    
HOA for Cypress Cove: (Diane M Simons-Burnside:  780 Fifth Ave South Naples Florida 34102

3.    
Marion Gregory : 
9202 Vanderbilt Drive Naples Florida 34108

4.    
Shayna K.  Cavanaugh: 
Cavanaugh, Kirby, and Cavaneaugh PA. 2500 Tamiami Trail N. Ste. 218
Naples Florida 34103-4470    

5.    
Probate Court: 
Collier of Circuit court 3315 Tamiami Trail East STE 102 Naples
Florida  34112-5324

6.     
Lawrence S. Pivacek PA:  2262 Royal LN. Naples Florida 34112-53233

7.     
Scott Renshaw:  
When in Naples will be: 5632 Whisperwood Blvd. 1601 Naples Florida 34110.
Scott Renshaw is presently residing in Texas.

 

 Mary Jean Ziska is Petitioning
the Honorable Judge Vincent Murphy for a continuance of the Case between Mary
Jean Ziska and the Homeowners Association for  Cypress Cove  in the Strand. 
 Case# (07-3121-CC).   I am requesting this continuance on December
4, 2012 for the court case scheduled to appear in your court December 10th or 12^th
2012.  I am petitioning the Court of
Collier County and Honorable Judge Vincent Murphy to change the dates from the
10^th or 12^th of December 2012 until at least February
2013 to be heard within the Collier County court system.  There are very substantial grounds for this
request and many specific justifications and explanations for why the later
date for this court case should be granted. 

 As grounds for this motion, I, Mary Jean Ziska,   am still
technically declared incompetent until the three positive evaluations allow for
complete independence.  The  requirements for the limited guardianship   maintain specifics such as retaining  the court appointed  guardian  and for this guardian to assist with  legal  and  financial matters .  The information that follows pertains to the
Florida statutes 774 describing the rules regulations and requirements of a
guardianship:    

1.      As per  pursuant to the  744 Florida Statutes, a ward declared
incompetent and court ordered to have a limited guardianship is guaranteed  rights that are to be protected by the court
system and the  United States legal
system .  These rights include  competent legal representation and assistance in
the specified field where legal representation and knowledge is required.  Presently I have an attorney for the
guardianship but not for the other legal matters at hand.  An “Attorney for the alleged incapacitated
person” means an attorney who represents the alleged incapacitated.  Such an attorney shall represent the
expressed wishes of the alleged incapacitated person to the extent it is
consistent with the rules and regulations of the Florida Bar.  This attorney Lawrence Pivacek is my
guardianship lawyer not a lawyer to represent any dealings in  foreclosure cases or mediations between the
HOA and any settlements.   He has not and
will not be representing me in any other legal matters concerning the
Homeowners Association.    

To quote from the Florida Statutes:

* 744.3215 rights of person determined incapacitated (3b.) to
sue and defend lawsuits           (this right may be removed from a person by an
order determining incapacity and which may be delegated to the guardian.)   

*744.3215rights of a person determined incapacitated (1.k.)
to have access to the courts

*744.3215 rights of a person determined incapacitated (1i.)
to counsel

*744.3215 rights of a person determined incapacitated (1d.)
to be treated humanely with dignity and respect and to be protected against
abuse, neglect and exploitation.   

*744.3215 rights of a person determined incapacitated (1e.)
To have a qualified guardian     

2.      As  the definition of  due process when establishing a guardianship
and  for legal proceedings as well: Due Process:  “Because establishing a guardianship is a
legal process that involves the removal of the individual’s rights,
considerable due process
protection often exists when the guardianship is established.

They include:

*Notice to the individual of all proceedings.

*Representation of the individual by counsel.

*Attendance of the individual at all hearings/court
proceedings.

*Ability of the individual to compel, confront and cross
examine all witnesses.

*Allowance of the individual to present evidence.

*Appeal of the individual to the determination of the court.

*Presentation of a clear and convincing standard of proof.

*The right of the individual to a jury trial.

*Individual rights removed and due process rights may vary
from state to state, the final authority is the state statues where the person
with the disability lives.  In any type
of guardianship the court may limit the guardian’s authority. The guiding principle
in all guardianship is that of least intrusive measures to assure as much
autonomy as possible. The guardian’s authority is defined by the court and the
guardian may not operate outside that authority. A guardian may be a family
member or friend or a public or private entity appointed by the court.

3.       My limited guardianship allowed Patrick  Weber to assist in financial and legal
matters only.  As per  the documentation already accomplished through
the collier county court system, the petition for removing Patrick Weber as the
limited guardian of the ward (MaryJean Ziska ) was granted (November 15^th
2012).  I was emailed by Larry, that the
approval of all parties involved is still pending and has not been approved to
make it final.  

4.      The assignment of a new Guardian (Scott
Renshaw) has not yet been officially approved since the removal of Patrick
Weber has still not been finalized.  This
approval and assignment of a new guardian 
includes completing the application for appointment of guardian, ( see
section 744.3125 FS) Documentation elaborating points  for the  petition and   appointment of a guardian still  needs to be verified  and  needs
to contain  statements  showing specifics for the limited
guardianship.   I believe there are even
oaths, paperwork and a class that need to be attended to allow a person to be a
qualified guardian (744.3215 1 (d) FS. 

 *Since Patrick Weber
did such a horrendous job at  not  assisting me this past year as my guardian,
noting all his negligence, misconduct, and abusive behavior and actions.  I do request that I have a qualified guardian
who can assist as a true advocate.  I
feel that Scot Renshaw will be prepared once the classes, and all necessary  information, paperwork are completed.    I
believe that Scott could even be considered a “standby guardian” until al
paperwork and necessary qualifications are in order.      

5.      I have been emailing Larry concerning
the qualification for a non- resident to be my guardian since Scott is
presently in Texas.  I believe establishing
a mailing address such as a mail box and being issued a Florida driver’s license
may be the start of the criteria for a residency in Florida.  Scott’s daughter being a Florida resident
here in Naples may also be a helpful contributing factor for establishing
residency in Naples Florida.   However, I
still need to find out all the specifics and make sure they are in place so the
residency or duel residency can be accomplished quickly. 

6.      Scott Renshaw will not be here in Naples Florida for the scheduled dates
of either December 10^th or 12^th 2012.  The earliest dates for him moving back to
Naples to assist in this matter are being considered for the end of January,
beginning of Feb.  These tentative dates
are for him to arrive here let alone be able to begin and complete with his
assistance in all the listed areas where Patrick weber failed to give me (Mary
Jean Ziska-the ward) any assistance at all.   
I am very grateful for his decision to make such a large sacrifice, and move
away from his work and family to assist and make sure I have a proper advocate
on my side to help with all of these complicated situations.    

7.      Larry Pivacek will not be available
either of those dates (December 10^th 2012 or /December 12^th
2012):                                                                     
                                                                    December 10^th 2012 schedule on his
website readsa as “Date Closed” :                                                                             Dependency
court from 1-2pm.

December 12^th has a schedule on his website that
reads that this date also is closed:             * Summerville –Toscana Homes Wed
December 12^th 2012 from 1pm-2pm.                         *Summerville-Tosconna
Homes Wed December 12^th 10am     

8.      The case at hand is a legal matter
that I am neither equipped to handle myself nor am I presently represented by a
guardian or represented by any legal counsel at all!                    ….. Let alone any legal
representatives who have knowledge and experience in dealing with mediation of
HOA Cases or foreclosure cases.  Competent
legal representation needs to still be hired and briefed on the case.  “The legal system is incredibly complicated
and it has twists and loopholes that even an experienced lawyer cannot
predict.  A person without legal training
will face many difficulties when trying to satisfy all the demands of the court
on their own.”     

9.      Patrick Weber attempted to retain only
one specific person and attempted to obtain legal counsel only one time and was
refused based on the complexity of the cases. 
The specific knowledge of law is extensive for both foreclosure and
guardianship and the overlap from the guardianship case into the Homeowners
Association case may require multiple lawyers to adequately represent my best
interests.  I was told he contacted legal
aid in general and contacted only one lawyer, Darrin Phillips.    

10.  As an example of good faith in attempts
to obtain legal counsel …practically all members of the Florida Bar with proper
disciplines in the specific legal matters are being contacted to request
representation.  Also, a membership to www.Rocketlawyer.com
has been started which would allow discounted legal assistance and representation
from their list of lawyers in Naples. 
They also are able to do any legal filings or motions and letters or any
legal paperwork after the initial time period is concluded (this delay in time
frame for assistance is designated by the form of payment by the customer… when
paying in monthly installments there is a delay, if membership is completed in
one full payment there is no delay.    At
present, monthly installments are being made to www.Rocketlawyer.com. style=”mso-spacerun:yes”>   

11.  Enclosed is another good faith
representation of the diligence for which I was attempting to have Patrick Weber
removed so that I could have real assistance in the matters at hand.   The package mailed to you concerning his removal
contains 33 documents and emails describing the guardian negligence, misconduct
and abuse and requesting multiple times for his removal from various legal and
guardianship agencies.  No one listened
and no one removed him from his guardianship position until Larry Pivacek
successful was able to remove him on November 15^th 2012.     

12.  Without a proper advocate, and
guardian, nothing has been completed to assist with all areas Patrick Weber was
supposed to take action.   I am basically a year behind in accomplishing
all tasks necessary for being prepared for litigation and settlement negotiations.
Items including a forensic audit  and an
investigation into the  predatory
lending, fraud, and identity theft  still
need to be cleared before allowing  for
an equity line of credit to be established to assist with negotiations.  I am trying the best I can, but a true advocate
as a guardian would be very helpful. 

13.  Just as  when the HOA lawyers for Cypress Cove
attempted to foreclose upon a person (me,Mary Jean Ziska) while still declared incompetent,
by having paperwork  misdirected  (to me the ward),  and not addressing the proper channels through
the limited guardianship (mail and documentation mailed to Patrick Weber my
guardian), they are unreasonably and excessively  weighing 
this case in their favor.    At present
the changes in guardianship and legal representation are in flux leaving me
without any guardian and without any legal representation.  I am actually left without any guardian to actually
be in Florida and assist with gaining legal representation until after February
2013.  If the court date remains in
December, this would be a   grievous
error in justice.   It would benefit the
court system and the case in its entirety for the continuance to be granted.  Otherwise, it would seem to resemble the
original foreclosure suit brought by the HOA in which there was a complete
dismissal of the case.   Another
dismissal would be warranted based on the specifics of a great  injustice dealt to a person deemed by the court
to still have a need to retain a guardian for legal and financial matters  but denied such representation.    This
violation of a person’s rights for representation by competent legal counsel
especially when directed by the court itself is mandatory and is a primary
reason for this court to allow the continuance and prevent a miscarriage of
justice. 

14.   In addition to the above mentioned example of
what would be deemed injustice by the Collier County  court system, (if the ward, is not allowed to
have any guardian or legal representation for this case involving the Home Owners
Association,) this travesty of injustice would allow my home ownership to be
personally threatened and also allow me to be personally harmed by the loss of
my residence.  This injustice  would 
be setting a  horrid  example  depicting the lack of  care and diligence exemplified by  the Collier County court system concerning
guardianships and the rules and regulations 
to protect wards within the guardianship.  Based on the right for all (especially people
who are court ordered to have assistance through the courts) to not be allowed
to have assistance is unspeakable.  For this right to NOT  be upheld based on a time limitation for putting
proper legal representation in place,   is
not only appalling but biased.  For such an
oversight to take place where rights were not upheld within the court system
and the   guardianship system, the   proceedings on December 10^th or
December 12^th would be unjust.   
  

We are
respectfully requesting a fair amount of time for these changes to be put in
place and for proper legal representation to be hired.  We are requesting for a 60 to 90 day
continuance in the court date and we respectfully request this petition for
motion of continuance to be granted based on the reasons stated within this
document.