Ps:   He never returns
phone calls or rarely emails me as to the status of  the foreclosure or anything else he was
to  assist in fixing…   but instead emails my mother. This alone is
a direct violation of my ability to 
protect my freedoms and to make informed decisions….  

reply email to larry on august 23rd at 9 33 pm

Thursday, August 23, 2012 9:33 PM

From:”mary jean ziska” <whatabtmary@gmail.com>

View contact details

To:larrypivacek@aol.com

Cc:whatabtmary@yahoo.com, whatabtmary@gmail.com, maryjeanziska@mysearchforjustice.com

Hi larry,     August 23rd 2012 @ 9:18pm

Replying to your email…. I was chatting with magic jack for three hours to try to see what  was  going on with my phone….   But I don’t think anything is really fixed… nothing in my life  is yet…  I have emailed the probate court to get rid of Patrick as nothing is fixed  they told me they have forwarded the emails to the judges and  to  lawyers.  I think you may have been contacted as well….

You mention that you do not have anything to do with the foreclosure.. you mention every time…you mail me  so I really understand that. But this guardian is not doing what he is supposed to do… nothing is fixed    if you did not receive the e-mail  that I sent to the  probate court, to the judges to the  guardianship association,   to anyone who would listen or could help. Let me know…I’ll send it  to you again!  there is a list of what was supposed to be done   by my guardian pursuant to the Florida statutes 744 , and by what he had told me was his “action plan”   you know…. he was supposed to file  what he was supposed to  do his plan of action… to the courts… and be held accountable…someone needs to be held accountable! …. And you have to  be in charge of something? … what? I’m a bit confused?…. If the guardian isn’t doing what he is supposed to be doing …. isn’t that  where you come in as legal representation on my behalf?  Well here is your chance..  everything is still messed up… and even more messed up… what are my options? Thanks mary jean Ziska 

From: Lawrence Pivacek [mailto:larrypivacek@gmail.com]

Sent: Friday, August 17, 2012 2:52 PM

To: mary jean ziska

Subject: Re: email to larry from mary jean ziska august 16th 2012 at 4 37 pm

Dear Mary Jean

I apologize for you not bring able to reach me.I have tried to both call you and E-Mail you in response.  I did receive  a voicemail from you yesterday but the message was unclear, full of static and broke up after 10 seconds.As I have said in the past, I do not represent you in the foreclosure action.

Please respond to this E-Mail so that I know you received it.

I hope to hear from you soon.

Larry

Sent from my iPhone

On Aug 17, 2012, at 1:00 PM, “mary jean ziska” <whatabtmary@gmail.com> wrote:

Larry              August 16, 2012  at 4:44ppm

 I keep  trying to call you but get a  really loud buzzing sound … can you hear me when I call?… can you email me?… What the hell is going on? .. I called Elizabeth kriers office today to  tell her about this horrid deal  that Patrick made with  the HOA Is this true?…….. $5000.00  down and $500.00 a month???????? I cannot afford that! ..  the  $500.00 a month payments  are  more than  I get for medical disability….(which he did not  help to raise!). How am I supposed to  make up the difference, and pay electric, or car insurance..  or gas…. Or even tampons????????????????????????????????????????????????????????????????????????????

If  I had $5000.00 then wouldn’t it be better to get a  real lawyer to defend the foreclosure?… and  to clear the title on my condo?…

Today I was bullied on the phone to the point of throwing up!…..I have idiots on the phone who want to sell my car for less than  it is worth.. someone wants my mom ‘s silver or her Picasso… those are my inheritance.. and this is the wrong deal!  Nothing has been fixed….. . the identity theft and  credit problems  and  everything is still  a mess…. Can I get a real guardian?… who actually has my best interest  at heart?  When I called Elizabeth Kriers office  some woman  told me that  your wife is in charge of  the  foreclosure case  now…is that true? or just another lie I keep being told to upset me….

Aren’t  those  opposing sides?…. If you are my guardianship  lawyer representing me when my guardian is making horrendous decisions about my life concerning  the foreclosure…. .and she is making decisions about the foreclosure… isn’t that a conflict of interest?  Please email me back and clear this up thanks mary jean Ziska  ( why in the Florida Bar  member search  is your  email listed as the aol address? ) 

The email below is what I just sent to the probate  court. Since the probate court is in  charge of  regulating  and punishing the guardianship and the guardians… I guess this is my only means  of justice…… at least this will all be in the court record that  I am  very unhappy with  what is going  on … if I didn’t know any better I  would think I  was still stuck with the criminals  who have been  ruining my life…..for  the past 10 years…..

To Whom it may concern:     August 16th 2012 @ 3:22pm

Patrick Weber is the guardian of Mary Jean Ziska. It is a limited guardianship restricted for only his assistance in financial and legal matters.    I have been trying to report his misconduct and to have him replaced since May or June of this year. I have emailed Patrick weber himself, contacted his office,  the sheriff and police department, the Florida Guardianship Association, my guardianship attorney Larry Pivacek  and  even contacted the Florida Bar Association  to reveal his misconduct!

His direct actions have harmed me, my home ownership and  violated my rights  instead of helping.  His  neglect in assisting me with the issues he was entrusted/obligated  by the  courts to remedy  have also  affected my life.  When he was first assigned my guardian last year  he was  so assigned to assist in legal matters concerning the  HOA foreclosure suit that was  directed to me
instead of to my  guardian.  He did not know how to defend a foreclosure suit and one of his main objectives was to obtain competent council on my behalf, He never got a lawyer or any legal counsel to assist in the foreclosure suit.  Another objective  he had was to raise the payment of my medical disability benefits to assist in the repayment of any settlement for the HOA. He did not do anything toward an increase.   A third objective he told me he would assist with is in  clearing mu an identity theft  that started in 2002 to not only increase  my  credit score but to stop any additional fraudulent  activity from occurring.  He did  not do anything  to remedy the identity theft, or  to  assist in removing fraudulent  accounts from my  credit report.  He also said he had a friend  and connections  with Regions bank to allow for an equity line e of credit  to also pay back any  amount  to the HOA.  I actually told him of another  option I found in the Florida Statutes 744.309 where a “trust company, state bank, national bank or a federal savings and loan may be a guardian “   I had asked him to check into this option  and to have my Wels Faro bank as a co- guardian to assist with  the equity line of credit,  to set up a direct payment  to the HOA.   He did not even ask the court for this option or follow up  on the  phone numbers and department personnel  I gave him  that I had received from the manager of my bank.  When we first met he  also told me that he would assist in clearing my condo title as it should be clear  and there should be no mortgage on my condo due to  the criminals and  continued fraud  by numerous “robo signing” companies that need to be cleared off my title! He didn’t even get a forensic audit completed!   I was told he has 250 cases and was too busy to take my phone calls or my emails,  and never notified me of  court cases  where  I might  actually be present in court.  Recently, when I was in court  with  Patrick weber,  he tried to waive the state of limitations  to allow  for the  condo association to  continue the foreclosure proceedings  after the statute of limitations  had run out… this was defiantly NOT in my best inters or a way  to defend  a foreclosure suit!   In fact when I told him he couldn’t do that…  he threatened to have e backer acted for standing up for my rights!   When I did nothing wrong,!  But  tell him his actions were going to  harm me and my home ownership!  I even sent him a 48 page document  listing  the Florida Statutes of limitations regulations!  Of course I received no response…. Most recently I have been bullied including today to the pint of throwing up by people telling me that  a settlement was made without my knowledge or my agreement for  the HOA.  This settlement  I am being told is not what I can afford… in fact as my guardian, Patrick weber should know that I receive less than $ 500.00  a month payment for medical disability  let alone  have $5000.00 to put down as a lump sum to pay.  This agreement is completely different than the  equity line of credit he was supposed to get with a $100.00 payment!   How am I supposed to pay my electric… or car insurance.. or tampons for that matter!   This is a grievous  situation…. If I lose my home due to a deal he made that I had no knowledge of.. or cannot afford….  This is terrible….. I was even bullied and  threated that  I was to sell  my car…. When  it would be against the law as it would have had to be ordered by a judge or approved by a judge, for  anyone especially on behalf of a guardian,  to sell my possessions  for such an outlandish settlement!   I believe that he is committing a fraud against the court,  and against me as his ward,  by not  following through with any the areas he was supposed to be entrusted  in helping… and instead is harming me and my homeownership!  The fraud against the court is his assistance of continuing to be my guardian and be paid by the court  even though the was doing nothing  on my behalf to remedy  and to  rectify any of the  situations  that destroyed my life and caused a nervous breakdown  which  caused me to need that guardian in the first place!.. 

  To  Patrick, and Larry:                                         
September 11 2012 @ 7:47pm

Do you know what it feels like to be raped? To say no… to
cry…. to plead …  and to have a
man  take it upon himself to do what ever
he wants to a girl…. dismissing any rights? any consideration of  what the girl may want? …. WHEN NO MEANS
NO…. that means NO

What you are doing to me is basically raping me… you are
going  against my wishes..  my concerns 
and my will to do what ever you want……. not considering  my needs or wants.. not asking… not
communicating…. NOT STOPPING when I tell you NO….  No… you have no right to take my money…
to make a horrid deal…  with the  HOA 
… you are as  much a criminal as
a rapist   I have rights…. I pay my
bills my medical disability is mine only because of the anxiety you are even
helping to  create….. what you are
trying  to do is illegal and i said
NO  a million times over NO!

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.

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    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.

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.         
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

  I want to 
say this again…. So you can clearly hear me this time….

Do you know what it feels like to be raped? To say no… to
cry…. to plead …  and to have a
man  take it upon himself to do what ever
he wants to a girl…. dismissing any rights? any consideration of  what the girl may want? …. WHEN NO MEANS
NO…. that means NO

What you are doing to me is basically raping me… you are
going  against my wishes..  my concerns 
and my will to do what ever you want……. not considering  my needs or wants.. not asking… not communicating….
NOT STOPPING when I tell you NO…. 
No… you have no right to take my money… to make a horrid
deal…  with the  HOA 
… you are as  much a criminal as
a rapist   I have rights…. I pay my
bills my medical disability is mine only because of the anxiety you are even
helping to  create….. what you are
trying  to do is illegal and i said
NO  a million times over NO!

A Tender Loving Care Service

Marion Gregory  
Director 239-598-1515

naplesmarion@aol.com

Mary Jean Ziska  
Assistant Director 239-234-4065

whatabtmary@yahoo.com