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