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Dear Larry, January 9, 2013
I just opened the word documents for the guardianship assignment of scott renshaw to assist me with the Homeowners Association and I am very disturbed by the letters that has clearly overstepped the boundary of the limited guardianship for the purpose of assisting me it is actually taking away my rights.
It seems that you have no recollection of the absolute abuse, neglect and misconduct by Patrick weber and some con-artist who were trying to take away monies… trying to harm my independence and who actually caused me to never leave my home!
Let me refresh your memory….
The limited guardianship of Patrick weber was limited to just the assistance he was supposed to give me with finances ie obtaining increase of finances in the social security, and assistance in rectifying all the damage done by identity thieves, criminal mortgage personnel and in assisting in obtaining an equity line of credit to assit in the payment of the back . In the email I wrote to you and to the judges and to the probate court and to the main judge in Fort Myers, ( rosemburg) I outlined the points( in 36 pages of emails and documents ) that were established Patrick was to assist. He did not assist and he instead harmed my life because of his abuse of power….That was the reason I requested to have him removed. Don’t you remember any of this should I resend you the emails I had send or had put in my website www.,mysearchforjustice.com?
If you remember when I wrote you and Patrick a budget I had asked for my independence back but Patrick wanted to get paid to be my guardian and said he was going to help which he did not … The letter which outlines all the rigts to be taken away from me is not accurate and very abusive in nature
I have and will continue to pay all my bills and Scott is not to be in charge of all my finances. He is also not to be in charge of my social surroundings, or my home residence…. There were ten -12 points that Patrick was to assist in helping and those points should be mentioned in the document and what Scott is supposed to assist… based on fixing what Patrick did not do to help in my life….. actually you used those points to have him removed remember? The letter I wrote to the police department?
Just getting your email I started coughing and the anxiety almost made me throw up at 3am this morning .. and of course I will not be able to sleep now…. I hate all of this….. instead of anyone actually protecting m y rights and instead of anyone helping me they have only harmed my life, and harmed me! All of this all the hell for the past thirteen years because some idiot liked sticking his dick into karne kahle…. And she cheated on her husband when I babysat e for her 3 month old son greyson…..and most recently finding out about the identity theft .. the money stolen off my mortgage…. All for money…. They ruined my life for thirteen years all for money…. I should have never trusted Patrick weber or anyone associated with him or the ohio state scum….
So here are the points that need to be addressed and put in the legal documents where scot is supposed to assist in the limited guardianship…. Do you remember the limited was the major part of this entire document? With Patrick it was to help in obtaining legal counsel….. and to help in creating a assistance in mediating a settlement for me and the HOA.
I need to speak with you immediately and will start calling you at 8am. Until you answer and this is rectified. I can’t believe how much this is messed up and how far off you are on the legal documents what the hell is up? I am getting scared that I will have a bunch of criminals harm my home ownership again because of how wrong this is…. It is almost borderline criminal the way it is written…. Do I need to actually tell you the objectives of a guardian and a guardianship lawyer? This is so wrong it is as if you were never my lawyer…. Or forgot how upset I get when my rights that I already had and use perfectly fine are being threatened….. what the hell happened to your protection of my rights? Are you still supposed to be helping me or are you also helping he HOA? I am really upset! Contact me asap sincerely mary jean ziska
Mary Jean Ziska   ; 5632 Whisperwood Blvd. #1601 Naples, Florida 34110 August 26, 2012
Lawrence Samuel Pivacek Florida Bar ID: 995258   ; 2262 Royal Ln. &nbs
p; Naples, Florida 341125-3233
Dear Larry:
Enclosed is a package consisting of 15 documents (listed below). Each package contains information and documentation composed of letters and emails sent to my guardianship lawyer: Larry Pivacek, and my guardian: Patrick Weber, over the course of this past year’s events. These documents provide evidence of the issues and problems encountered during this past year’ experiences in dealing with the judicial and guardianship departments in Collier County.
The purpose of guardianship assistance especially within my “limited guardianship” is to assist in only legal and financial matters. Definition of a guardian: a person who has been appointed by the court to act on behalf of a ward’s person, property, or both. (FS 744.102(9)). The guardian may exercise only those rights that have been removed from the ward and delegated to the guardian F.S 744.361(1)). The limited guardianship is designed to encourage the most self-reliance and independence possible and to be the least restrictive alternative to a complete or plenary guardianship. A guardian who is appointed to manage the incapacitated person’s financial affairs must protect and preserve the incapacitate person’s assets and manage the assets as a “prudent person” would in managing the financial affairs of another person. The attorney for the alleged incapacitated person must represent the alleged incapacitated person’s expressed wishes, unless they are contrary to the Florida Rules governing attorney’s conduct ( F.S. 744.102(1)).
The oath taken by guardians( as per FS 744.347) “prior to exercising authority every guardian must take an oath that he or she will faithfully perform his or her duties as a guardian”
I am writing this letter to enlist the assistance, of the lawyers, judges, congressmen, and government official in rectifying consequences of many transgressions that are harming my homeownership, my life my civil liberties and rights. I am recording the events and supplementing the events with the emails and the letters sent to both Patrick Weber and to Larry Pivacek during this past year while I have been under their control as per the limited guardianship of Patrick Weber and my guardianship lawyer Larry Pivacek.
I will list the points and problems in numerical order. These points catalogue topics that I have encountered with the guardianship assistance program and address my personal experiences as follows:
1. Limited or at times no contact personally between guardian and guardianship lawyer attempted through emails, telephone conversations and personal meetings. Responses were few, if at all.
*I rarely received answers from Patrick Weber when I emailed or called his office. I never received notice from him as to the court dates and what he was going to say or do in those court cases concerning the HOA, or any of my welfare concerns. I thought I could turn to him for assistance and was supposed to let him know of any injustices so that he would be able to remedy the situation. Examples such as: When I told him that the front gate of my condo claimed that the sticker on my car was disabled due to the non- payment of the HOA fees( which is still a case that is still in the courts)HE DID NOTHING! When I found the telephone number and contact information , for Wels Fargo corporate that would be able to make the bank a co- guardian and assist in banking accounts and would with court approval be able to help in attaining the equity line of credit from my condo, HE DID NOTHING! When I alerted him to the fraud on my credit report, including additional mortgages amounting to over $800,000.00, HE DID NOTHING! When I found documents that David stern had lost my original note which with proper litigation would have in itself, cleared the title on my condo HE DID
NOTHING! When I alerted him and filed police reports detailing items including $1000.00 that had been stolen HE DID NOTHING!
2. Guardianship monitoring by the Florida courts was nonexistent. Annual reports/ visits are neither scheduled nor completed . No reports/ results given to ward.
*Patrick Weber has only been to my home once and that was years ago. The reports detailing my expenses and the bills( I myself pay online) I gave to him the first meeting of last year. In my expenses I outlined the bills I had paid in the past, and the estimated billed expenses including electric, car insurance, cable /internet service etc. . He should have had a complete understanding of my cost of living. His negotiations concerning the HOA dues hat need to be paid are very unreasonable! If he took the time to even look at the monthly budget and expenses used, he would have understood that the medical disability alone doesn’t cover all normal expenses. I brought that fact to this attention at our first meeting when I wrote a letter requesting my independence and was talked out of it by both Patrick and Larry on the grounds that his assistance as my lawyer and my guardian was paramount in my defense for the foreclosure suit and paramount in attaining the equity line of credit, and any additional benefits at this point in time of my life. I do not believe that he submitted any reports and if he did he never gave me any copies nor provided me even with the information or written documentation.
3. In addition to the initial plan , the annual guardianship reports must be filed within ninety (90)days after the last day of the anniversary month of the guardian’s appointment. This report must include the annual guardianship plan and the annual financial return. All guardianship reports must be filed in a timely manner with the probate division of the circuit court. The ward except in certain circumstances, must be served with a copy as well. Failure to file annual reports may result in sanctions against the guardian ( FS 744.367) Written objections to any portion of the annual report may be filed by an interested person including the ward within thirty (30) days after the annual report has been filed. If such an objection has been filed, the court must set the matter for hearing and conduct the hearing within (30) days of the date that the objection was filed ( FS 744.367(4),(7)
*No action plan for this past year was given to me! If one had ever even been written. No report, or plan of action after development was written up and given to judge or to ward. Even worse, not following through with any of the items discussed at first meeting which should have been included in the plan of action for this year of limited guardianship were ever addressed. To have a copy of the annual review of the guardianship report and plan as per the rights of the incapacitated ward that are retained by the ward (FS 744.3215(1)) No sanctions were ever imposed upon my guardian or guardianship lawyer due to the r failures in my case!
4. Limited help by guardianship lawyer to assist in my expressed wishes and to contact my guardian for current situations.
Minor assistance : trying to get response from guardian by contacting guardian lawyer, address problem with condo association, stopping of guard gate pass, fraud from the companies of Comcast, Empire Today, and Sears. Having to file police reports when money and items were stolen from my home I attempted to contact Larry Pivacek on numerous occasions via phone messages and emails to tell him what my guardian was not doing, situations that were not being even addressed, and requesting his assistance making the guardian at the very least answer my concerns. Most occasions I received the same email back, telling me that he does not handle anything to do with the foreclosure case only the guardianship case. Many times the requests were to have the guardian actually do his job, such as assist in increasing the medical disability payments, or even contacting the guard gate so my pass would again work, or to call my bank concerning the equity line of credit! Or to assist in clearing my title when all the fraud was found, or even for me to even get a different guardian…. One who actually did his job in protecting my rights and cared about my concerns for my life! I’m sure as a guardianship lawyer he was supposed to do more than meet with me at the initial meeting at Patrick’s office!
The minor assistance received by my guardian and my guardianship lawyer has left me feeling very neglected and not legally represented in the best possible manner. When I could not get assistance from my guardian ship lawyer, especially to have my guardian removed, I emailed the police, sheriff, probate office, Then I went further, emailing troubleshooter channel ( 4) and other the local television stations, channel (2) and channel(7) to alert them of the misconduct. I contacted the Florida Bar Association, the local Collier County Bar Association, to see what I needed to do to file a formal complaint. I sent emails to rick Scott, the governor and to the congressmen Connie Mack and Cliff Sterns to notify them of the problems with the judicial system concerning the guardianship cases in Collier County especially mine! I have sent sealed signed receipt packages containing the 15 documents to: Judge Cynthia A Pivacek, Judge Vincent Murphy, Judge Elizabeth Krier, Congressman Cliff Sterns, Congressman Connie Mack, The Florida Bar Association, Governor Rick Scott, Collier County Bar Association, Attorney Gloria Fletcher, Attorney Larry Pivacek, and Attorney Patrick Weber. My hope is that everyone will receive this information and the negligence will stop and actions can be taken to rectify the grave injustice that has occurred which may result in me losing my home!
5. Fraud upon the court: as per the waiving the statute of limitations/ attempting to use his friend to get a loan from regions bank but then not getting any real loan…. to pay the equity line of credit….telling me to keep him for my guardian for this entire year, I believe these were questionable ethical concerns and possible conflicts of interest but the attempt to make money by being paid through the court system as a guardian, when none of the duties of a guardian were being performed by my guardian! This was a clear misrepresentation of his duties. His concern for my welfare as my guardian is not visible. He is using the courts to his advantage for his payment of services rendered when nothing is being accomplished. He should have been able to clear most of these situations within a years’ time given his “connections” and “resources” . It appears to me, as if he is purposely trying to allow me to lose my home, either through his negligence as a lawyer or as guardian or as both! His lack of honesty in correctly presenting the facts of the cases, obtaining correct legal representation if he did not know how to defend the case, and actually helping the HOA to try to win their case when in fact he is supposed to be representing me…. I believe that Patrick Weber committed grievous injustices toward me, and the court system through.
FRAUD UPON THE COURT: “In the United States, when an officer of the court is found to have fraudulently presented facts to the court so that the court is impaired in the impartial performance of its legal task the act known as fraud upon the court is a crime deemed so severe and fundamentally opposed to the operation of justice that it is not subject to any statue of limitations. Officers of the court include lawyers, judges, referees, and those appointed guardian ad litem, parenting time expeditors, mediators, rule 144 neutrals evaluators administrators special appointees and any others whose influence are part of the judicial mechanism.
6. Rights of the ward: The guardian’s role is to balance the protection and care provided to the ward with genuine respect for the encouragement of the independence still exercisable by the ward.
Patrick Weber did not balance the protection and care provided with respect for the encouragement of the ward: One instance where Patrick Weber definitely did not represent my best interest occurred at the court house. He told the HOA he would waive the statute of limitations (which had almost run out) so that he would be allowed to still foreclose on my home. In the one year period the delay had been that t Patrick Weber even though my guardian and a lawyer had no knowledge in how to defend a foreclosure suit. As my guardian he was required to obtain competent legal counsel and in one years’ time had not been able to obtain a lawyer with knowledge of foreclosure defense. Also within this year, the other continued delay had been the ruling on the need to have a guardian. This ruling had not been determined. I met with two nurses and one doctor as per the requirements of the Florida statutes 744. The doctor said he was not satisfied. He wanted me to have 12 hours of tests costing approx. $1500.00. I’m not certain but I do believe that a delay also occurred
because Patrick petitioned the court for money to pay for the unnecessary tests. I thought this was a horrible waste of money when the guardianship was strictly for a limited guardianship and only encompassed legal and financial matters! The delays were legitimate concerns and if the statute of limitations had run out or not , Patrick Weber’s concern should have been my part of the case not on changing the law to fit the HOA’s motivation for their lawsuit! In addition after the case, he winked at me and laughed when I was upset at his remarks to backer act me, and when I mentioned that the doctor (who I could not find listed in the directory of the AMA) did not even know how to apply a pressure cuff when taking my blood pressure and after putting it on backwards, and not being able to get reading, he immediately reapplied the cuff to my same arm allowing for a very inaccurate reading! The point I was making was that Patrick Weber laughed at my remarks about the ir0ny of the incompetent doctor giving me a competency test!
Due to his direct action of telling the judge he would l waive the statute of limitations, a date of sale for July 18th 2012 was set by the court. He then proceeded to threaten that I would be backer acted because I stood up and told him he wasn’t allowed to waive the statute of limitations. I later emailed him legal definitions consisting of 25 pages including the definition of statute of limitations. Prior to his actions, we had discussed his asking for a continuance primarily because of his lack of obtaining counsel on my behalf to defend the foreclosure suit! He did not represent my best interest afterward the final line of the agreed order mentioned that he accepted service and will file a responsive pleading within 30 days from the date of this order! The “Agreed Order” case no. 07-3121-CC: 1- canceled the foreclosure sale that he allowed to happen (Thank God!) 2- It vacated the final summary judgment to defendant Mary Jean Ziska. 3- motion to vacate default a s to defendant Mary jean Ziska was granted all of those points seems to in my favor and rightly so since the entire foreclosure suit was not only served to a person who was declared incompetent at the time of service, but the guardian was not notified, no legal representation was provided, and everything was done improperly!
The 4th point for the case no 07-3221-cc mentions that the defendants guardian agrees to accept service and will file a responsive pleading within (30) days. The date was June 21st 2012. Patrick Weber should have not accepted service on the foreclosure on my home for two very important reasons : 1- he still does not know how to defend a foreclosure suit 2- he has still not obtained legal representation on my behalf! Hi primary purpose was to protect me from corrupt lawyers (hence the guardianship included his assistance in legal matters)…. But he himself did not protect me in the legal arena but instead his actions directly adversely affected my legal outcomes and are still affecting my life through his legal misdealing’s done on purpose for my legal cases!
7. Nonexistence of the annual review report and plan for this past year. Not following through with any of the items discussed at first meeting that was to be included in plan of action for this year of limited guardianship. To have a copy of the annual review of the guardianship report and plan as per the rights of the incapacitated ward that are retained by the ward (FS 744.3215(1))
a. Items/topics that were discussed that needed to be fixed:
1. Increase medical disability money to help increase income. Not only did I need the additional money for living expenses but Patrick weber said I needed the verifiable steady income to obtain the equity line of credit that would be established to pay the HOA fees.
2. Obtain the loan or equity line of credit from my condo for the HOA fees.
3. Get a forensic audit for the title of my condo and any additional documentation necessary to establish my title as free of debt due to the past fraud from multiple mortgage companies, the loss of my original note, etc. and clear it of any fraud .
4. Defend this foreclosure suit by finding a great lawyer who knew how to defend a foreclosure suit.
5. He was to help me clear up the fraudulent items of identity theft on my credit report thus increasing my credit score. This was also done to eventually help with the HOA payment.
6. He was supposed to help protect me from fraud and criminals who have preyed on my life and on me however I had at least three instances of con-artist related incidences by repair men who allegedly were from Sears, sales reps who were allegedly from Empire Today, and actual theft from Comcast! I have since reported the scams and theft to the BBB and to Pam Bond’s office at the attorney general’s office! I also had to have a roommate removed when $1000.00 was stolen and have had to have a supplemental identity theft report submitted and accepted to the police department when pictures, information from my external hard drive, blog posts from 7. He is in charge of assisting me in legal matters, however noting has been done to instill any justice for the harassing, bulling and my eventual nervous breakdown at the hands of Karen Kael and her group. The $5000.00 medical bill is still on my credit report and harming my credit due to Karen Kahel and her bullying friends from Ohio State. Patrick Weber did nothing to assist in even initiating a law suit for the intentional infliction of emotional distress that led to the need for a guardian and protection from harm and abuse and assistance in legal and financial matters!
8. As for additional law suits, Patrick weber also did not even initiate a law suit to gain restitution for the$3000.00 monies taken by Ian Stein during the renegotiations of the Aegis refinancing .
9. David Stern’s paperwork indicated that my mortgage note had been lost, and the paperwork involved was extremely corrupt and I needed legal assistance in making sure the title was free and clear for my condo. The additional assistance of a true professional lawyer was needed for this mess to be cleared through the courts. Patrick Weber was to have the resources to accomplish this but he never did anything in this years’ time to remedy the situation!
10. Patrick said he would also negotiate with the condo association as per the balances owed and since it was fraudulent to actually serve paperwork to the ward instead of the guardian, he assured me that the attorney’s fees and the interest should legally be waived. Now that the actual first foreclosure suit was dismissed I believe that those expenses are not my responsibility however , I keep having people call me on the phone to threaten me with amounts and settlements that are absolutely unreasonable! I have had one person say that ah Patrick weber made a settlement for $62,000.00 and wanted $5000.00 down and $500.00 payments a month! The $500.00 a month is more than I receive at all for my disability payments each month! No true guardian who is aware of my monthly budge t and expenses should have ever come up with such an outrageous payment!
8. “To be restored to capacity at earliest possible time” as per the rights of the incapacitated ward that are retained by the ward ( FS 744.3215(1))
When I first met with Patrick Weber and Larry Pivacek in 2011, I asked for guidance and direction concerning the status of the guardianship case. My first request from them was advice and their recommended plan of action for my guardianship status. I believed at that point in time I was possibly ready to have my independence restored to full capacity. Upon their advice, and my limited funds to retain council I maintained the same limited guardianship status. I needed &n
bsp; legal representation which would produce a result for my best interest in the foreclosure case and in numerous additional issues and problems still unresolved. These situations , would have been overwhelming to handle all by myself so I depended on both Larry and Patrick to do what they said they were going to do and legally represent me. Enclosed is the letter I presented to the two nurses and the doctor and the two lawyers the day of the evaluation. I also brought pictures of my living accommodations, my ability to take care of myself and my surroundings, my budget and current status of the bills which encompassed my living expenses! This limited guardianship was to aid in areas we discussed and I trusted them to be participants in helping to rectify and remedy the worst experiences of my life! Having any type of guardianship still means I am deprived of certain rights and trusting that these individuals delegated by the court system be diligent in their effort to assist me. I have experienced no support system that makes me feel that my wishes and best interest are being considered and am completely disappointed in the entire year of guardianship where nothing was remedied, where negligence was persistent and prevalent and where my trust in justice and an honest legal system is being tested and questioned.
9. To be treated humanely with dignity and respect and to be protected against abuse, neglect, and exploitation. As per the rights of the incapacitated ward that are retained by the ward ( FS.744.3215(1))
a. Threats of being backer- acted by lawyer when ward standing up for rights and when lawyer said he would disregard/waive the statute of limitations for foreclosure.
b. Winking and laughing regarding the doctor who was to give final evaluation that would determine guardianship status.
c. No reply or contact regarding emails, letters and phone calls.
d.
10. To remain as independent as possible including having preference as to place and standard do living honored as per the rights of the incapacitated ward that are retained by the ward( FS 744.3215(1)).
I have maintained my independence by residing in my own condo (5632 Whisperwood Blvd. 1601 Naples Florida 34110) since 1999. I worked on three different businesses while living here: a faux painting business: (M&M Decorative Painting); a babysitting business: ( A Tender Loving Care Service) ; an etiquette school: ( A TLC Prep) My choice for living accommodations is to reside in the condo that I selected with my father and mother in 1999 and where I moved into my condo April 1999! I am very upset that my home ownership is being threatened by allowing guardians and lawyers to make decisions about a “deal “ with the HOA. The amount of monies they are telling the HOA I will pay each month as a settlement is more than my current income, does not allow for any normal bills to be paid such as electric, gas, car insurance, toilet paper and tampons ! It does not allow for additional HOA fees to be paid which will create the same situation of unpaid HOA fees all over again! They are single handedly and very insidiously setting me up for failure and for the loss of my home! This is my condo, only my condo! I am the person who selected the white tile, and has had this residence as my home address since 1999! I have had many plans for my residence and for how I wanted to live in my residence…. and for the past ten years my life has been on hold while I have had to clean up one mess after another and still nothing is completely rectified! My wishes are to have everything fixed and to once again be able to decorate my condo, plan my life and live out my wishes and dreamed for my future minus all the problems! My guardian and lawyer for my guardianship should know this but I don’t believe they have actually asked me, and I know for certain we have never sat down to plan out how not only how past can be remedied but how the future will be mapped out and accomplished!
11. To receive prudent financial management of his or her property and to be informed how his or her property is being managed as per the rights of the incapacitated ward that are retained by the ward ( FS 744.321(1))
To be certain, I do not believe that given the current situation and my financial income budget, that neither Patrick weber nor Larry Pivacek would have created the same deal for them given the same monetary circumstances! I understand the basic principal of debt: more money has to go out than comes into a household…. Therefore at the basis of their plan for repayment of the HOA more money ( $500.00) just for the repayment of the HOA fees would be going out than the( $465.00) that is brought into my household per month! There is no one that would agree to such a deal and both these people are supposed to be standing up for my rights in the financial department… it is unthinkable that such a travesty should occur! Are they taking advantage of their power to handle financial matters? In fact, the lump sum that Patrick Weber decided upon is outrageous! If I had $5000.00 for a lump sum to give the HOA I would have rather spend it on a lawyer who was able to defend the foreclosure, to reduce the amount owed and to actually practice law in my favor! A decision such as that would have been in my best interest. I am not living an opulent lifestyle, over this past year I have had to cut my own hair to save money, take whole milk and water it down to make it last longer, I have had to water down shampoo, and conditioner… have had to forgo shopping for any extras for myself and have only spent money I have saved for my families holiday gifts! I went for an entire year without any air-conditioning which was really difficult when the weather was very hot and humid. I did all of this to limit my budget and live within my means! I do not have a cell phone, but only use a magic jack attached to my computer and I only have one cable expense… the internet for my outside communication ! I am completely disgusted that the people entrusted to help me would not acknowledge any of this and make a deal that is completely unacceptable financially! I know they would not sacrifice as much as I have and then make a settlement and payment schedule such as the one I am being told they worked out for me…. The power given to guardians to make decisions that they alone would never accept but that they accept on behalf of their wards, to me is unacceptable and borders on grievous especially when conditions are set for failure due to the outlined stipulations! Such decisions should d be over ruled by a court system that recognizes that no one person or group of persons should have ultimate power and control for financial or legal decisions that would harm the ward even if they are a guardian!
12. To have access to the courts, as per the rights of the incapacitated ward that are retained by the ward (FS 744.321(1)).
Patrick Weber and Larry Pivacek have not allowed me to speak when the few times I was in court! I was told to be quiet to sit down and not to do or say anything! Have emailed the probate court to request that a new and more qualified guardian be appointed for my guardian. The email however took 22 hours from the time I emailed it/sent it…. To the time the carbon copy I emailed to myself arrived in my mail box. I can only assume that there was a glitch in my outlook account for that moment and not some hacker preventing me from access to the courts! I am sending this package to a number of people in the court system and will be putting this letter and the contents of the package on the internet in my website: www.mysearchforjustice.com under the blog entries once it is mailed! I will assume that each and every recipient will receive the original package and all its contents otherwise not only will I not have access to the courts, but there would be mail tampering involved and involvement of felony charges based on mail fraud/tampering would be: (FS 817) I have a right to have access to the court system just as any other person who does not have a guardian has a right to be heard by a judge concerning my life!
13. To be represented by counsel:
As one of my rights as a ward, I have the right to be defended in any lawsuit by counsel. I should say I have a right to have counsel that is competent in defending any law suit! I have Larry Pivacek who is supposed to be my guardianship lawyer, he is supposed to represent me concerning my guardian. He has consistently emailed me every time I email him that he is only my guardianship lawyer and gives no counsel on any other topic. I have to date not received any counsel from Larry concerning any guardianship questions. I definitely need to have a lawyer represent me in every instance who has knowledge of the areas that are affecting my life, my homeownership, my independence and every other area necessary for legal representation! These areas include:
a. Defend foreclosure suit with qualified lawyer who is competent in defending foreclosure suite neither brought on by HOA. Neither Larry nor Patrick have any knowledge on how to defend a foreclosure suit! So on that basis alone, I need additional representation for the various areas that are currently under unqualified and unsatisfactory representation.
There is also a rule on how long a plaintiff can keep open a foreclosure lawsuit that has no activity. The rule says that after 1 year of inactivity, the lawsuit can be dismissed by the court. The failure to prosecute within one Year, *The” failure to prosecute within one year” rule. If the court dismisses the lawsuit after one year and before the bank asks for a deficiency judgment the lender can still file a new lawsuit and sue just on the promissory note unpaid balance . This valuable entry from a document I gave to Patrick and Larry in an email. It was of course ignored, and instead the Patrick who threatened me, laughed and winked at me when I was in distress, used the knowledge against me and in favor of the HOA which set a sale date of July 18th for my condo when he had no knowledge of how to defend a foreclosure and defiantly proved his incompetence in regards to this matter by his actions. These actions adversely and directly affected my home ownership! !
b. Reduce settlement by qualified lawyer or legal representative. Since Patrick Weber or Larry Pivacek is not privy to basic principles of debt, a knowledgeable representative who can create a settlement that adheres to my budge may be required! A qualified lawyer who is well versed in settlement negotiations is defiantly required! I need additional representation for the various areas that are currently under unqualified and unsatisfactory representation.
14. To receive notice of all proceedings related to determination of capacity and guardianship unless the court finds the incapacitated person lacks the ability to comprehend the notice. As per the rights of the incapacitated ward that are retained by the ward (FS 744. 321(1)).
Patrick or Larry have not notified me of any of the court dates or court appearances. I received some of my information from phone messages or forwarded emails sent by my mother Marion Gregory. She is not my legal guardian, nor my guardianship lawyer, nor my negotiator, nor is legally able to speak for me or my wishes or on my behalf! It is not her job but the job of my guardian to notify me of any court dates and the reasons for the court dates! I have not been receiving direct emails from Patrick Weber even though I have been sending him direct emails via his email address at his office. I receive no response back! I have only received court documents sent in the mail. Last week I was told that Larry, my guardianship attorney called my mother to get my address. I would think after being my guardianship lawyer for the past year he would be privy to information such as my address! I thought my guardian and guardianship lawyer would have been required to have files full of information on my behalf. This method of communication has been unacceptable! I have resorted to sending emails to other departments in government for additional assistance, for information, and to attempt to get help ! I have even sent emails to the probate court, who then told me they were sending information to the appropriate judges and the lawyers on my behalf.
Both Patrick Weber and Larry Pivacek don’t appear to
want to assist in rectifying any of the situations we discussed upon our first meeting! So I will need additional legal representation to address their replacement as well!
15. To determine how payments were to be made to the HOA:
a. Use my bank as co- guardian: When I first did any research on guardians,/guardianship I looked up (FS 744). Within the (FS 744) was a chapter that stated: “Also a Trust company, State Bank, National Bank, or Federal Savings and Loan may be a guardian (FS 744.309(4)) A non –profit corporation organized for religious or charitable purposes may be appointed as a guardian ( FS 744.309(5)) “ Under this ruling I requested Patrick Weber have as a co guardian a bank. I requested my bank and asked my branch manager for information on guardianships and trusts. She gave me a telephone number which I passed along to Patrick Weber to see what criteria, guidelines and qualifications were necessary to establish a bank as a guardian. To my knowledge, he never even checked on the bank as a guardian. His negligence cost me an equity line of credit through my bank or any bank that would have qualified.
b. Patrick’s connection and Regions bank loan: Patrick Weber decided to contact his friend who worked for Regions Bank to assist in making preparations for the repayment of the HOA. He did not tell me who he spoke with concerning the monies. He did not tell me whether it was to be an equity line of credit, or a loan for the monies. He did not tell me what the interest rate would be, or confirm how much payments would be each month. He did not tell me what the total amount would be that he would try to obtain. He did not tell me when this loan/ or equity line of credit would be ready to use for the repayment of HOA! I was told via hearsay (which means via a phone call from my mother and an email from my mother!) that there was a loan that would have only a payment of $100.00 per month! I was told that I needed to save for a balloon payment but that wouldn’t be for a while…. Then I heard two completely new versions of the repayment and settlement for the HOA and the entire process has been a nightmare!
c. Equity line of credit from my own bank.: I asked Patrick Weber to check on using my bank for the equity line of credit . It is the bank where the direct deposit for my medical disability payment is made. The bank account from which I pay my bills. The bank account where if an equity line of credit existed I would only have to access one website to make sure that no identity theft or problems arose, or where a direct payment for the HOA could be easily monitored and carefully maintained! As far as I know, Patrick Weber never even checked on the options of procuring an equity line of credit from my bank for my condominium to repay the HOA fees!
In conclusion, I am writing to enlist the assistance of the proper authorities and to call attention to the negligence in completing any of the initial objectives for this past year 2011-2012 while I have been under the direction of my guardian Patrick Weber and my lawyer for the guardianship Larry Piviach. The events of this past year should have produced results allowing for assistance in both financial and legal state of affairs. For closure and remedy to long standing situations. For accountability, culpability, sanctions and consequences where it is warranted. For adequate resolution and finality to a multiple of unforgivable circumstances.
Thank you for your kind attention to this letter.
Sincerely,
Mary Jean Ziska
5632 Whisperwood Blvd. #1601 Naples Florida 34110 whatabtmary@yahoo.com
The enclosures:
1. Information and definition for Patrick Weber from Mary Jean Ziska Fri may 25th 2012 @ 10:56am
2. Letter/speech I gave to Patrick Weber and to the members of the evaluation committee
3. August 16th @ 2011@ 3:32am (random notes Florida Statutes/guardianship and foreclosure)
4. Agreed Order: case no. 07-3121-CC
5. Hi Patrick, Once again I am trying to reach you and keep getting your voice mail. I left a message today June 28th @12:37pm….
6. Message from Mary Jean Ziska August 7th 2012 evening concerning removing my guardian Wednesday August 8th 2012 11:09am Dear Larry august 7th 2012 @ 8:11pm
7. To whom it may concern: August 8th 2011 11:20am
8. From Mary Jean Ziska (mail to : whatabtmary@gmail.com) Sent Wednesday, August 08 2012 2:30pm To Minutes and Records
9. Fwd.: message from Mary Jean Ziska august 7th 2012 evening concerning removing my guardian Wednesday 8, 2012 2:47pm
10. BLOG.MYSEARCHFORJUSTICE.COM: July 2nd email sent to sheriff office as complaint against guardian’s actions
11. Called the collier clerk of courts today: august 8th 2012 at 11:30am to request email address for transcript in writing for court date August 6th 2012 involving the motion for extension of time granted ( 20 days were granted)
12. On Monday 8/6/12, Mary Jean Ziska whatabtmary@yahoo.com Hi Patrick, I emailed you last year concerning having a co guardian as a bank….
13. To whom it may concern: August 16th 2012 @ 3:22pm Patrick Weber is the guardian of Mary Jean Ziska. It is a limited guardianship restricted for only his assistance in financial and legal matters. I have been trying to report his misconduct
14. &
nbsp; cid@colliersheriff.net It is now 5:15pm on august 23rd 2012, my name is Mary jean Ziska and since your office is closed I am emailing you concerning the group of identity thieving con-artist
15. Hi Larry, August 23rd 2012 @ 9:18pm replying to your email… I was chatting with magic jack
The revised series of documents contained 36 documents in total.
A Tender Loving Care Service
Marion Gregory Director 239-598-1515
naplesmarion@aol.com
Mary Jean Ziska Assistant Director
whatabtmary@yahoo.com
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