Wednesday August 29th 2012 @ 2:30pm letter(13 pages) for package (15 documents)

Mary Jean Ziska                                                                                                                                                                    5632 Whisperwood Blvd. #1601                                                                                                                                                       Naples, Florida  34110                                                                                                                   August 26, 2012

Governor Rick Scott                                                                                                                                                        Office of Governor Rick Scott                                                                                                                                                               State of Florida                                                                                                                                                                               The   Capitol                                                                                                                                                                                     400 S. Monroe St.                                                                                                                                                                 Tallahassee, Florida  32399

  

Dear Governor Rick Scott:    

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.        &
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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 www.mysearchforjustice,  were stolen!  Patrick weber did nothing to protect me or my property and I alone had to file  police reports and  no resolution has been found in the Comcast case, or the police reported missing items!

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< font>  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 life
style, 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 settlem
ent 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 neglige
nce 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

 

 

 

Wednesday August 29th 2012 addresses for packages

packages with contents of 15 documents and a LETTER CONSISTING OF 13 PAGES:
LIST OF PEOPLE PACKAGE WAS SENT TO: 
1.  COLLIER CONTY CLERK OF COURTS
PROBATE DEPARTMENT
3315 tAMIAMI tRAIL eAST
NAPLES FLORIDA 34112
TIME MAILED:
DATE MAILED:

2.  JUDGE eLIZABETH kRIER
COLLERCONTY GOVERNMENT COMPLEX
3315 TAMIMI TRAIL EAST
SUITE 402
NAPLES FLORIDA  34112
TIME MAILED:
DATE MAILED:

3.  PAQTRICK C WEBER
FLORIDA BAR MEMBER NUMBER : 397059
4670 CARDINAL STREET #310
nAPLES FLORIDA  34112
TIME MAILED:
DATE MAILED:

4.  GOVERNOR RICK SCOTT
OFFICE OF GOVERNOR RICK SCOTT
STATE OF FLORIDA
THE CA[ITOL
400  S. MONROE ST.
TALLAHASSEE FL. 32399
TIME MAILED:
DATE MAILED:

5.  GLORIDA FLETCHER
4510 nw 6TH PLACE
3RD FLOOR
GAINESVILLE  FLORIDA  32607
TIME MAILED:
DATE MAILED:

6.  CONNIE MACK
14TH DISTRICT CONGRESS
115 CANNON HOUSE
oFFICE BUILDING
wASHINGTON dc   20515
TIMEMAILED:
DATE MAILED:

7.  cONNIE mACK
14TH DISTRICT CONGRESS
3299  TAMIAMI TRAIL EAST
SUITE #105
NAPLES FLORIDA  34112
TIMEMAILED:
DATE MAILED:

8.  JUDGE VINCENT MURPHY
COLLIER COUNTY GOVERNMENT COMPLEX
3315  TAMIAMO TRAIL EAST
SUITE #301
NAPLES FLORIDA  34112
TIME MAILED:
DATE MAILED:

9.  CLIFF STERNS
2306 rAYBURN hOUSE OFFICE BLDG.
WASHINGTON dc  20515
TIME MAILED: 
DATE MAILED: 

10.  LAWRENCE SAMUEL PIVACEK
FLORIDA BAR MEMBER #  995258
2262 POYAL LN.
nAPLES FLORIDA  341125
TIME MAILED:
dATE MAILED: 

11.  fLORIDA bAR aSSOCIATION
651 eAST jEFFERSON sTREET
TALLAHASSEE fLORIDA  32399
TIME MAILED:
DATE MAILED:

12:  cOLLIER COUNTY BAR ASSOCIATION
3315 EAST TAMIAMI TRAIL # 505
nALES FLORIDA  34112
TIME MAILED:
DATE MAILED: 

6.  

Thursday september 6th 2012 @ 2:57pm email to sheriff office concernign sears, empire today, comcast

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 conartist that have hurt my life since 2003!   I just reported to the attorney generals  office  the three past scams that I have had to endure. One with a conartists who  said he was with sears, one with  empire today contractor, and one with  a Comcast account.  Al of these have happened  since march of  this year and I believe  it is the same people and the same monetary  motivated scam.  Oh I had  had a man who became my roommate  who told  me he was with the FBI… then changed his story  to say he was an informant with the  FBI…. Then I had Audry martin(his probation officer)  came  by to tell me he was actually on probation  for drug dealing!  His name was( farzad khosravi) .  I also had a roommate who was supposed to be a student from duke here on an internship named (casey dunn).     I now have a suspicion that he may have just been a friend of “felony fred” and not the actual real casey dunn at  all!    

One of the  con-artist scams they tried to pull on me was with a man who claimed to be from  Empire today and  he said his name was Alex Novak and was driving a blue Saab. ( I recently saw the same gentleman in a lime green jeep  twice with a girl who had white blond hair similar to   Karen Kahel a girl who tormented and bullied me and used to trespass into the strand….ever  since  I babysat for her in Carlton lakes while  she was  having an affair with  someone in 2005.    

I reported to empire today, to the  better business bureau and to the scam hotline of the attorney Generals office and to the state Attorney’s Office the same incident,  A man who came to my home  to allegedly do a presentation on selling empire today wood flooring.  He was already at my home  when I returned for the appointment.  The guard at the guard  gate said that no one from empire today had come in through the guard  gate for me yet… this is the first odd occurrence since he was already in my driveway.   The next odd thing he said with his New York accent was that  if I didn’t want to spend at least $4000.00 then he was going  to leave.  I told him to leave   because I didn’t know what the estimate would be… but since it was supposed to be  a special offered of buy one room and get one room free   I didn’t think that two bedrooms would cost that much. 

Long story short, he wasn’t even going to measure  had me read the estimate sheet….and the told me the  dark color I had chosen ( that was my preference) …. Wasn’t what he wanted but it will do… ( later I thought  of this and I think  his overpriced estimate of $7000.00 was to pad  the cost or to get extra products under my name  that he would later steal…. To use for himself… that is why he  was pushing for a brazilian rosewood…. Instead of the dark color I knew I wanted…. Also,  he reminded  me of the con-artist  Gerard Ahler who was from Brooklyn New York  and owned pro line contracting  and I did faux painting  on his sister Christine Martucci’s home in Marco Island in 2003.

I saw him with a white haired girl  in a lime colored jeep  …. In my complex and I know I saw that jeep (there can’t be that many of them…. In Naples about three doors down just two  days ago )…..  The girl in the passenger side of the car…. With white blond hair may have been the same girl Karen kahel  who had bullied and  tormented me since 2005. I didn’t; get  a good look at her, but  If so, they are then  the same working team… family or group that have been  stealing from me and my  family  since 2002….   and if they stole my identity….  they will have stolen other identities as well…..    The way they are doing this…. Karen lived in carlton lakes… when I was sitting for her son Greyson, she actually gave me instructions on how to   trespass onto my own property in the strand to walk her child in a stroller….  The is how for years she used to access the  strand property when she didn’t own property….   She was one of a few  employers  I ever  gave my social security number  to…. Long before   I knew anything personally about identity theft!  If the same group is still connected,  that would explain the  picture of the  girl  in the  picture by Greyson’s  bed who had long dark  hair, and dark skin, and dark hair, like the man she was in the pool with and the man who was my brief roommate  Farzad.  They may have known each other a long time!   

  It has been a never ending nightmare where I have been put through horrid experiences each and every year for ten years  in a row by the same group… always  huge drama… and I can see the scam in it I have tried to contact you and no one stops them…. No one catches them and they continue to steal and lie and to  take money  and possessions from my family and friends  and  from me…. Until there is nothing left…    I had the magic jack people tell me to not change the magic jack phone…. And today I get a call that   my home is in foreclose and I need to come up with 62 thousand dollars…..  Another con and another lie…the lies change every day…. The bullies change every day… just last week I got so upset I threw up… I don’t want to go through all of this again… I want the criminals out of my life! Forever!

 Because of all the fraud and con-artists.. I ha d a nervous breakdown… And now I have a  guardian who is supposed to  be dealing with helping me to stop them and to fix everything legally and financially….  But something is still really wrong….
. He has not helped me to fix anything… it’s as if some identity thief gets the help or money or assistance.. And I get more lies for yet another huge problem to go through…. I’ll bet they have figured out a way to con the money for themselves for another horrible experience! Because so far nothing has been fixed!

I saw on American Greed that a great deal of identity thieves are druggies and alcoholics… felony Fred was supposed to be a drug dealer….   And I was told he brought the drugs in from Canada through to Georgia then through to Florida….I have babysat for some really suspicious people at times and found my home broken into when I was gone babysitting…  and I still believe they are still all connected… the pole dancer  from Ohio who lived off Davis and left her kids for three days to get a new husband in Las Vegas…..  the times when I called the police to do an extra drive by  when I was out babysitting my jobs got cancelled,…. Tons of incidences….

I started a website  www.mysearchforjustice.com  but information about travelers…and gypsies  about the police who were trying to find and catch them and other emails and information and  notes I had  taken about these scams they have been  trying to  pull or what was suspicious to me … these blog post have been altered or some even deleted  or disappeared altogether….this was my intellectual property … copywritten  by my website ownership and  publishing….  Even information I had stored on my external hard drive just recently was stolen….  This has to stop…. How can I make it stop!  

 I will remember everything and I think they thought that  if they hacked into my blog  and removed information or took actual possessions and didn’t get caught…  that it was as if it didn’t happen… because  they have been able to get away with everything….every time…. They seem to run away with some possession or money or whatever they want,,, Please  stop them!   Please!  I am trying to give you as much information as I can ….  It’s pretty much 10 years’ worth…  and I’ve tried to do anything  and everything I can to contact the right authorities… to keep notes and even to put it in the website  so that the information is there in case they have messed up  the phones again or my computer or emails…  Did I mention that when I tried to send an email to the probate court last week it took 22hours  to send… I actually posted one day later as time stamped that it went through…that is not normal….  I contacted Microsoft and they agreed that is not normal they said when I pushed the send button for the email to be sent.. it should  have been sent that moment …. Not 22 hours later!   Also when I called the attorney general’s office,  he said that I should be able to submit  the fraud /complaint forms and hear back from then within a few days… and that who eve told  me not to email but just use the phone to call  the Orlando office instead of the Tallahassee office must have been mistaken.  He said that the Tallahassee office is the main office for the identity theft information and the crime /fraud investigations… I actually had a girl call to tell me to just call her about identity theft… and that she was located in Orlando when I called  the person who answered the phone  was an elderly  person… may have been the right   number or not I am not sure… or it could have been another  family  answering the phone and not a government office…   I need someone to  figure it all out… and stop any criminal behavior…..    

Please help me to stop them! I hate criminals….  

Anyway after submitting scam reports to Pam Bondi’s office, and the Better business bureau I received a case number of 94411096 from the BBB.  Do you want me to submit the full report to you?  These criminals that I have had to deal with have been the same group of scam artist and con-artist since 2002 when my identity was stolen. Then they stole possessions, , then some of my jewelry, business files and businesses..  Then phones and computers were/are still messed up and hacked into…. And now they are even trying to prevent me from protecting my own home ownership….. I have not received calls that I was told people had called me…   I even had the man from empire today say he actually talked to me and I had never called him or spoke with him until I called his 8/21/2012 at 2: 27pm and I left a message for him today at 5:30 pm at 8/23/2012.  My phone number is supposed to be 239-234-4065 but when I was chatting with 3 different people for magic jack assistance,  for 3 hours, my  id listed on my account for my  magic jack  was different than the  id that was  showing up as the product id when I plugged it into my computer….  Reference notes:

Magic jack chat sessions :  marrianne:  Ltk554080911677x;  Richie:  ltk554080912812x;  Maxwell:  ltk554080914906x;  Rodney:  ltk554080914906x 

Magic Jack info on account:  should say maryjeanziska’s  ziggy laptop  instead it says:  maryjeanziska#146;sziggylaptop    

The magic jack serial number on the actual unit I now possess:  2.0.13(a921400600aefa) when it should say: 010010043 which I entered when I first purchased this a year ago last November! 

 I have had bullies and people who have made my life hell   through the phone…. And I think that is somehow the same way these con-artist used the spoofed phone calls when I had a virgin Mobil cell. They would call into my cell phone with a similar number…. And gain access to my voice messages…   I had someone calling into my voice mail up to 15 times a day to retrieve my messages!  If they have either switched my actual magic jack or are getting into my  voicemail… or if my calls are getting re-routed… the criminals are again scamming me and my family and friends… … an something has to be done about it!     PLEASE HELP! Thank you for your kind attention to this email,

Sincerely,   Mary  Jean Ziska 

 

 

 Reference notes:

Magic jack chat sessions :  marrianne:  Ltk554080911677x;  Richie:  ltk554080912812x;  Maxwell:  ltk554080914906x;  Rodney:  ltk554080914906x  

Magic Jack info on account:  should say maryjeanziska’s  ziggy laptop  instead it says:  maryjeanziska#146;sziggylaptop     

The magic jack serial number on the actual unit I now possess:  2.0.13(a921400600aefa) when it should  say:  mary jean ziska’s  ziggy laptop

thursday August 6th 2012 @ 2:50PM email sent to news channels and governmnet officials last week

My name is mary jean ziska.  I reside in Naples florida and have lived here on and off since 1984.  I purchased a condo in 1999.  It is located in The Strand address:  5632 whisperwood blvd. 1601 Naples Florida 34110.   I am 46 years old and I have been living through the worst ten years of my life!   In 2002 my identity was stolen  but i did not realize it until last year when I wanted to get an equity line of credit and requested my credit reports.  I had been fighting against con-artist and criminals since 2003 when i met a person who claimed he was gerard ahler and owned pro line contracting in brooklyn new york.  He also claimed he was a member of the mafia and against everyone’s advice i  told him what he asked about my family’s property  about my families money and about my history… thought i was invincible and that he could not hurt me.. or my family… but he ended up getting threatening on the phone, controlling and  he liked to scare me into tears. At one point in time he threatened to kill my mother! He said he would steal my businesses my family’s property and ruin my life. My life was never the same again.  His sister Christine martucci told me that i should not leave my bank check book on my dining room table, one day while I was working in her house in Marco island… that is when i knew was the first of many  times they have broken into my home.  I have had items of clothing, jewelry, business files and  even personal pictures stolen from my home and  my car.   I met a girl in 2005 named karen kahle who i briefly worked for through my mother’s  babysitting business  who asked for my social security  number and worked at 5th third bank. I babysat for her when she was having an affair on her husband and  i [personally know she trespassed into the strand by walking her baby and having her other babysitters walk the baby into the strand!  I know this because she told me that i should leave the side of her house and  trespass into the strand though the sidewalk! I am telling you all of this because she and others used the phone service to bully me to harass me and i had a nervous breakdown which lead me to enlisting the assistance of a guardian to stop the criminal activity to fix what these criminals have already done to my life, my home ownership and  what they have done to personally ruin my reputation and my life let alone my credit and my trust in  anyone! Additional criminals to add to the list were a series of robo- signing crooks including  Ein stein from Aegis… David J Stern from residential funding and  a string of problems with  mortgages and in addition a foreclosure suit  by my  HOA!  My life is a mess and due to these criminals…. The guardian was enlisted to help, to correct these grievances and to only  deal with legal and financial matters! the lawyer who is supposed to help me in regards to  the guardian is named larry Pivacek. The guardian I have had on and off since 2006 is named Patrick Weber.  No one is doing their job, neither of them have assisted in fixing anything, I don’t even believe an action plan was ever filed stating what they were supposed to have accomplished through their services.  Both are getting pid by the state and i believe the state should be made aware of this horrid situation! i believe they are just getting money from the government and not being held accountable for actually helping!  These were the areas that they told me a year ago  that they were going to help:

1:  increase my medical disability amount of money

2:  clear the title on my home from all the fraud and criminal robo- signers

3:  confirm that since David stern lost the mortgage note … that the  mortgage should have been dismissed/ forgiven due to the substantial  fraud… there should be no mortgage  on my condo… presently it is a mess three different credit reports  list multiple owners, and  multiple amounts that should have been  dismissed after fraud in 2005…

4: Patrick weber said he wanted to get a loan from his friend at regions bank for assisting in paying of the HOA fees that were the issue for the  foreclosure suit  by the  HOA. He did not do this, nor did he  take my request in 2011 when i asked that he get my own bank  to be a co- guardian as per an option in the Florida statues 744. 

5. he was made my guardian to specifically help defend the  foreclosure suit and in fact the original  suit was dismissed but then he accepted service on a new suit ( is what I was told) He personally told me he did not know how to defend a foreclosure suit  and was obligated to get legal counsel to defend the suit. He never did.  The other lawyer working on my behalf, larry pivaceck also emailed me that he will deal with nothing but the guardianship case meaning will not help in the foreclosure case!   Both were enlisted to protect my rights and to assist in legal and financial matters.  They are being paid by the government to protect my rights and  they were legally obligated to obtain competent legal  representation! That was not done at all!  In fact Patrick weber accepted service on the  new foreclosure before getting a lawyer who  was versed in defending foreclosure suits.   

6. He was supposed to help clear up the identity theft items  on my credit report.

7.  He was supposed to protect me from fraud and criminals who have preyed on me in my past and who i want to prosecute.

8. He was supposed to help to prosecute  Karen kahel’s bullying which  caused  the  last nervous breakdown in 2007.  Her bullying and infliction of emotional distress  left me with a medical  bill of $5000.00 which I needed  to have relieved though a law suit  making karen kahel and her bully friends accountable for their actions.

9.  Ian stein with my aegis  mortgage in 2005, asked for a personal loan  to pay his child support when I finalized the  refinancing in 2005.  I didn’t know that  was very   suspect and very unethical but  when I went to get repayment of the loan his phones were  disconnected, and soon after  the offices  closed  and the company eventually went bankrupt! My guardian was to help me get the money back!

10.  As per the HOA he was to reduce the amount owed not owed the attorney fees and the interest    due to the fact that  the first  foreclosure starting in July 2011  was done improperly and  not
addressed to my guardian but to me… when he was supposed to be in charge of all  legal and financial matters!  He  actually was really horrid when he  “winked and blinked” as if it was a joke  and told the courts he would waive the statute  of limitations   which was almost up ( one year) and accepted service on this new foreclosure  a few weeks before the limit  was up and when he still did not have any legal representation in place!   He  actually had me go through more emotional torture when a sale date was set for my condo  so instead of actually helping me he was harming my home ownership!  He did everything  wrong and I think he did it wrong on purpose! He told me when  we first met and I had asked if I  should petition to have my independence back.. That I should  keep him for my guardian at least this year for all the help he could provide.. and so far  nothing has been fixed! 

I  keep getting threatened that there is  a large amount of money owed for the HOA and owed immediately.. as of last week I was told he made some deal where I needed $5000.00 down and had to pay $500.00 a month to the HOA…  to stay in my condo….a far cry from the loan he was going to get from his buddy where the payment was $100.00 a month!  The  $500.00 a month payment is more than my medical disability total amount! If I had $5000.00 I would have been able to afford a real lawyer who specialize in HOA disputes and knew how to defend a foreclose suit!  Something very wrong is going on here! Just yesterday I got  a bullying phone call saying I  now owe $62,000.00 that needs to be paid to the HOA…It is even  worse… than not having a guardian  “helping  me legally” . The total amount was supposed to only be  $20,000. and  could have been bargained down  if he had actually let the statute of limitation  run out …… but since he didn’t have any legal representation in place at the time… and  I still l do not have another  real lawyer  who knows how to defend a foreclosure….( that he was supposed to find actually obligated by the Florida statutes!   He has ruined one full year with he “non-  help”  but he and  Larry are still getting paid by the government  without doing  anything!….my life is more messed up than before I gave up my  independence for this limited guardianship which was only put in place to assist in legal and financial matters…. I need government media attention  to step in and stop the corruption! Thank you for your kind attention to this email, mary jean ziska 

Address:  5632 whisperwood blvd. #1601 naples florida /  email:  whatabtmary@yahoo.com

    

     

        

Thursday August 6th 2012 @ 2:46pm notes on problems with accounts and with transunion! sent to police adn state attorney and id theft dept and attorney general

9/4/2011 at 1:44pm:  so called gmac  ( 800-766-4622) got to speak to a man who was from the philiphines: Enzo (id number 31761)

Requested  validation of original mortgage note…. He can not have the original  mortgage note because GMAC  allegedly got the mortgage when residential funding went bankrupt… and residential funding  was David J Stern on my mortgage,,,, who actually had paperwork that they were not in possession of the original note when they  got the mortgage…. So this is sooooooo funny since  there is another group of companies  who  are also claiming to  have possession of my original note and since there is only one original  note and it was lost during   the  2006-2008 fraud and scandal  by residential funding… these people who all they did was try to fish for information about my  identity…

I requested a manager who could access the information so I could ask GMAC for the original document….. he gave me to his supervisor RONA id number 22722 also in the Philippines she wanted my full address my full name and  the loan amount and  all sorts of information… I just gave her my name and the starting numbers on the account  that show on my credit report…  and my address… she said something to the affect that she would create the document??? What???  You can’t create an original document…. 

I was then put on hold form  2:15-2:17 I told her that I didn’t think my original note  was being stored in the Philippines…. I told her I would not  give her my social security number… or wny other information because of the horrid  I had with the virgin mobil account  that  had a person who had a similar number accessing my voice mails.. about the total mess when I tried to  find out who it was and  the mess with the account,,, the person form the philipines actually gave me a fake telephone number for a cell phone  in new jersey that was supposed to be the headquarter so f virgin mobil….. I  did a background  check on the telephone number and was totally shocked….   That it was all a scam… and a con.. and this is the exact same thing these past two days on the phone…..

Rona gave me a fax number of 866-340-3645 where I was supposed to send documentation for the  request that I needed… and her direct number was supposed to be:  800-766-4622 option 5 extension 8927034…… or I could send a written request to  the address on the credit report I was off the phone by  2:31pm …. I then called an entirely new company that I had never seen on my  credit report.., ocwen?????   Spoke to Neville no id of course from india…..  at 2:32pm on 9/4/ 2012  I was requesting validation of the original note…..   no notice of any  transfer letter… and defiantly they also do not have the  mortgage note….

 

I finally called Transunion… by this time I should have realized that the  people I was talking ot on the phone were somehow still connected to the same criminal scumm that has been ruining my life for th past ten years…. But I guess I was going to try to believe that  the major companies had offices in the Philippines. Or in Mexico…. Sound ludicrous… but maybe just maybe they weren’t all crooks … well now my Transunion account tis messed up and it is that way all because I spoke with a person on the phone.., who by the  way sounded exactly like the waitress I  told you about who went by the name of  Debbie… she worked at Perkins and  told me her daughter died… told me she was having problems with her husband.. told me that her dad was from New York… and told me that when her mother died  that she wen t back to las vegas to help paint her mom’s house  there were  needles in the yard…

 her stories scared the  living daylights out of me… had never met people  like that…  but I stupidly thought I could help make her life better.. or help in some way.. instead the criminals all the way back from 2002……  picked me as a mark and ruined my life.. stole  my identity. Stole possessions… conned me out of businesses and  isolated me from my real friends  and family….  broke into my home… and  really ruined everything…  my sisters  told me to stay away  from her.. Just like they told me to stay away from Gerard Ahler…  my sisters said not to believe them or trust them… and I should have listened…. Oh boy should I have listened….  I would have never had criminal scum in my life if I had……  

so yesterday when I called  Transunion  I got the telephone number from  the on line dispute contact information…  I should  have noticed when the girl  I was speaking to  told me that I couldn’t do a dispute on line… that they actually had a dispute link on the  website.. so she lied about that….and I should have  hung up then….  But the woman said her name was Christina  I started speaking to her at 3:59pm on 9/4/2012… she told me she had no id number  I told her that bank of Florida needed to be removed from Transunion  and she told me there was no info on that account for Transunion… so I did further checking and it was not removed from Equifax so I decided to call them next….(didn’t call but used the website instead….after I tried to go online with Transunion  at 6:18pm and could not go on line… I tried twice and received emails  about the account… that I now have to fix but both yesterday and today it would not allow me to go online e to check my account or credit report….  )  everything went fine when I went online for  Equifax……  but somehow talking to these people on my  phone  must still connect me to the criminal scum instead of the right numbers.. or the right real people…..or the spoofed numbers….. i call my mom’s telephone number and I get an immediate call from my mom’s telephone number caller id… well today  the person on the other end of the phone old me they were  at eh post office…. My mom’s home number  is a land line number and could not possible be at the post office… whoever was on the phone messed up….   It( the caller id)  should have read my mom’s cell number (239-821-5515) if she was at the post office.. and  I had just spoke with her… at her home… she hadn’t left for anywhere or would have told me… they are doing it again! HELP! Police HELP!

My phone num
ber is supposed to be 239-224-4065 but I  wrote in a blog and sent to the police that  when I called and spoke with magic jack for 3 hours the account number for the product  and the id for account is completely different from what it should have been   

My mom’s  home telephone number is 239-598-1515 and her cell number is 239-821-5515. 

I am going to email  Transunion  but I am really worried I had my identity stolen in 2002….  Messed up credit , credit cards and  everything!   Help! What  should I do please don’t call but email me : whatabtmary@yahoo.com or maryjeanziska@mysearchforjustice.com or   whatabtmary@gamil.com

 

 

 

July 20th 2012 @ 1:52pm empire today deninatly criminal involvement adn fraud upon consultaion… and phone call dealings with company

 

Thank you for using the Better Business Bureau’s Online Complaint System.

Your complaint has been assigned case # 90164053.

Correspondence regarding this complaint will be emailed to : WHATABTMARY@YAHOO.COM

Please print a copy of this for your records.

 

Filed on : August 2 2012

 

Filed by :

MARY JEAN ZISKA

5632 WHISPERWOOD BLVD. 1601

Naples FL 34110

 

Filed against :

Empire Today, LLC

1320 SW 32nd Way

Deerfield Beach FL 33442-8110

 

Complaint Description:

Letter to Empire today company concerning their estimate for wood floors. To whom it may concern: I called empire today company when I saw their as on the television. The had a buy one room and get one room free for flooring advertisement and called from my home to see how much this would cost as I would have loved to have wood floors in my current condo and in the two bedrooms that presently are covered with carpeting. I spoke with a rep.( gentleman I believe his name was barney ) who set up an appointment for creating an estimate. I was told that no estimates were quoted over the phone. I tried to call when I was at work to confirm the fist attempt of a consultation and to see if I could get any further information as to the costs involved in a buy one room and get one room for free. This time I spoke with a woman . I went online and on the website I saw an opportunity to set up an appointment so I confirmed my appointment online. I set up an appointment over the phone. I set up appointment on line, I set up or tried to confirm the appointment on the phone and got completely different information,The person who came to my home had a card that said his name was Alex Novak and his estimate for a dark wood floor that was pressed wood not actually solid real wood was approx. $7000.00 that was for one room and one free room totaling in approx. 491 square feet for both rooms. I do not believe that this gentleman was from your company and I want to notify you that such scam artist exist. He drove a navy blue saab car. He was probably in his 50 or 60’s he was white male with blue eyes . He brought sample boards that had wood samples … he had a note book but he could not read the fine print for the estimate. He asked me to read the paperwork in the notebook that listed the estimated cost per square foot price when he quoted me a price. If you do have an employee that resembles this description he had better check for any identity theft. I am a victim of identity theft and believe me, these insidious criminals will stoop to any level to commit crimes and steal jobs at any cost to their victims and for any profit for themselves. He came into the estimate with a new York accent wanting to know how much I wanted to spend and told me that if it was not at least $ 4000. He may as well leave. I told him to leave but asked him whether or not he even wanted to see the rooms that I was thinking of changing into the wood floors. When I asked him if he wanted to see the rooms I also asked if he was going to measure the rooms to gain the square footage for his estimate. I also told him that I had in the past had my own business where estimates were based on square footage and wanted to see if he needed a tape measure. I had drawn basic sketches of the rooms and had measured the rooms myself. His estimate of $7000.00 was outrageous especially when I later when to Lowes and for $1000.00 the same pressed wood with the same tint including installation. For both rooms!The gentleman who came out to do the consultation also mentioned that the choice of color for wood wouldn’t be his selection and that I was a smart woman who would be able to bet a better price at lumber liquidators… not the normal endorsement for a loyal employee.I have had the unfortunate experience of having con-artist construction/handyman people in my life before. I met a conartist named gerard ahler who claimed to be from Brooklyn new York and claIMED TO BE A MEMBER OF THE MAFIA! HE ALSO SAID HE OWNED pro line contracting. These con-artist have in the past presented themselves from legitimate companies by having an initial consultation so they can get business cards, paperwork and various samples then go to other legitimate customers hoping to obtain the contract for the legitimate business…. At a very increased price. I believe this was most probably the motive of this con-artist.

 

Your Desired Resolution:

I WOULD LIKE TO HAVE EMPIRE TODAY COME TO DO A REAL ESTIMATE AND GIVE ME A THE BEST OFFERED PRICE FOR THE TWO ROOMS. WITH WOOD FLOORING AND I WOULD EXPECT THAT BUY ONE ROOM AND GET THE OTHER ROOM FREE THAT WOULD MEAN WHAT IT SAID THE ENTIRE ROOM INCLUDING INSTALLATION WOULD NOT COST ANYTHING! THANK YOU FOR YOUR KIND ATTENTION TO THIS SITUATION AND TO THIS COMPLAINT SINCERELY MARY JEAN ZISKA

 

This case will be reviewed by a complaint specialist at the Better Business Bureau, and then forwarded to the business for their response. It is our policy to allow the business 30 working days to respond to your complaint. You will be notified when the business has responded.

 

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monday august 27th 2012 @ 11:22am: contents of package for judges lawyersa dn congressman and state officials email to patrick june 28th 2012

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 asking you about the paperwork i received and the status of the foreclosure.  I received a paper in the mail stating the foreclosure was vacated…. does that mean you did not  ask for a continuance to run out the statute of limitations as we had previously discussed?  Does this mean they can start everything all over again  when if the statute of limitations had run out they would not have been able to start all over again? 

I don’t understand who’s side you are on… when you were in court and told the judge that you would allow for  the statute of limitations to be waved so that they could continue to sue  well after the statute of limitations was over…. that was not in my best interest…. 

When you are not reading any of my emails and my research documenting  all the fraud, the criminal  activity and  wrong doings that have occurred as far back as aegis  mortgage.. when Ein stein asked for a personal loan…. i must believe that  you are not  addressing any of my wishes or my best interest…. 

When you do not contact me concerning decisions you are making and not making for my life and for my home, that you are not putting my best interest  or my future as a priority for your work load. 

My mother said you were overworked and had 150 cases pending and  didn’t have the time  to put your full attention  on my case… my life or my home Is that true? If you honestly cannot commit to helping me to your best ability… you should tell the judge…    so that someone who is capable of actually caring  about the life of a person they are supposed to be a guardian to will be taken seriously and will be   addressed with the proper attention.  

I thought we had discussed that after you made such a horrendous mistake of allowing  for the HOA to set a date of sale…. When the guardianship case had not even been completed…. That you  were going to  ask for a continuance… that way the guardian ship case  which required 3 doctors evaluations could be completed…. And would have allowed for the  1 year statute of limitations to have run out thus if any agreement  for any type of payment had to be made then there would have been a limit on the amount  the  HOA could reasonable  ask for…. I believe there is a case that sets present  and limits not only the time frame that  a case can be open when no decisions are finalized… and also sets limits as to the amount of moneys to be collected. 

I also thought the strategic plan concerning the HOA and the foreclosure since you have drawn this out  and made no attempt to  fix anything… including my credit after the identity theft, the identity theft itself,  the increase in the medical disability payments which you said would help with,  the payments for the HOA or equity line of credit or loan .

I am really nervous about the last line of the paperwork which mentions that my guardian agrees to accept service and will file a responsive pleading within 30 days….. from the date of this  order which is dated june 21st  what does all this mean?

 

The paperwork you said from regions bank…. The $100.00 monthly payment….for the HOA… I have an email sent to my mother attesting to all of this…. the agreement you made a deal with…

 

 I’ve  sent you information about all the mortgages and the people involved… the fraud, the  companies that actually went bankrupt…. Out of business… these people you are dealing with  …are they the same ones who were fined?  Is this  the same company I sent you the  information on?

You have not introduced the misconduct, the lack of ethics and the criminal aspect of all the fraud that went on concerning the mortgages… and the identity theft, the many other horrid experiences I have had to endure these past 10 years…..   why?

  Sincerely   mary jean Ziska

 
 

monday august 27th 2012 @ 11:13am: email sent to morning joe, ellen and local government and television stations for assistance to make a change in guardianships , e

 At 12 : 45pm

Blog post to joe scarb. And morning joe august 24th 2012

my name is mary jean ziska. I am completely disgusted with the corruption  involved in the  assistance  given by the guardians in Florida, I  just sent an email to congressman Connie Mack  and morning Joe today at 12: 26pm 8/24/12.

I understand they must be overworked but they are holding home ownership and people’s lives in their hands It has been a horrid and corrupt experience for me! and no one will do anything to change anything because  those of us  who have guardians are i guess disposable and not considered important…. i am only 46 years old and  have unsuccessfully  tried to stop the injustice but what happens to the elderly or those people  who have full guardianship…and have not been even able to stand up for themselves at all…. stop   (I have a limited guardianship where Patrick weber is supposed to assist in financial and  legal matters..,, ) he has not in one year assisted in fixing anything  we discussed in our first meeting.,, he is not following even the  Florida statutes 744… for what is required  from guardian,,, and there I have not been able to  even get  the attention of the courts  to this great travesty  since he is supposed to be in charge of my legal and financial matters…!  Florida can’t be the only state where injustice within the guardian ship arena exists… someone in media needs to bring attention to   this subject!   i will email in a separate box  the email i sent to Connie Mack concerning this and other matters   of corruption i have been trying to stop since 2002 when my identity was stolen! I started a website;  www.mysearchforjustice.com  to detail  the worst 10 years of my life…. full of horrid experiences …. but helpful information to stop criminals , bullies and   this  from ever happening to anyone else … thank you for your  kind attention  to this email/ post  sincerely, mary jean ziska      

Monday august 27th 2012 @ 11:00am: email to congressman and govenor

My name is mary jean ziska.  I reside in Naples florida and have lived here on and off since 1984.  I purchased a condo in 1999.  It is located in The Strand address:  *****xxxxxxxxx***** Naples Florida .   I am 46 years old and I have been living through the worst ten years of my life!   In 2002 my identity was stolen  but i did not realize it until last year when I wanted to get an equity line of credit and requested my credit reports.  I had been fighting against con-artist and criminals since 2003 when i met a person who claimed he was gerard ahler and owned pro line contracting in brooklyn new york.  He also claimed he was a member of the mafia and against everyone’s advice i  told him what he asked about my family’s property  about my families money and about my history… thought i was invincible and that he could not hurt me.. or my family… but he ended up getting threatening on the phone, controlling and  he liked to scare me into tears. At one point in time he threatened to kill my mother! He said he would steal my businesses my family’s property and ruin my life. My life was never the same again.  His sister Christine martucci told me that i should not leave my bank check book on my dining room table, one day while I was working in her house in Marco island… that is when i knew was the first of many  times they have broken into my home.  I have had items of clothing, jewelry, business files and  even personal pictures stolen from my home and  my car.   I met a girl in 2005 named karen kahle who i briefly worked for through my mother’s  babysitting business  who asked for my social security  number and worked at 5th third bank. I babysat for her when she was having an affair on her husband and  i [personally know she trespassed into the strand by walking her baby and having her other babysitters walk the baby into the strand!  I know this because she told me that i should leave the side of her house and  trespass into the strand though the sidewalk! I am telling you all of this because she and others used the phone service to bully me to harass me and i had a nervous breakdown which lead me to enlisting the assistance of a guardian to stop the criminal activity to fix what these criminals have already done to my life, my home ownership and  what they have done to personally ruin my reputation and my life let alone my credit and my trust in  anyone! Additional criminals to add to the list were a series of robo- signing crooks including  Ein stein from Aegis… David J Stern from residential funding and  a string of problems with  mortgages and in addition a foreclosure suit  by my  HOA!  My life is a mess and due to these criminals…. The guardian was enlisted to help, to correct these grievances and to only  deal with legal and financial matters! the lawyer who is supposed to help me in regards to  the guardian is named Larry Pivacek. The guardian I have had on and off since 2006 is named Patrick Weber.  No one is doing their job, neither of them have assisted in fixing anything, I don’t even believe an action plan was ever filed stating what they were supposed to have accomplished through their services.  Both are getting pid by the state and i believe the state should be made aware of this horrid situation! i believe they are just getting money from the government and not being held accountable for actually helping!  These were the areas that they told me a year ago  that they were going to help:

1:  increase my medical disability amount of money

2:  clear the title on my home from all the fraud and criminal robo- signers

3:  confirm that since David stern lost the mortgage note … that the  mortgage should have been dismissed/ forgiven due to the substantial  fraud… there should be no mortgage  on my condo… presently it is a mess three different credit reports  list multiple owners, and  multiple amounts that should have been  dismissed after fraud in 2005…

4: Patrick weber said he wanted to get a loan from his friend at regions bank for assisting in paying of the HOA fees that were the issue for the  foreclosure suit  by the  HOA. He did not do this, nor did he  take my request in 2011 when i asked that he get my own bank  to be a co- guardian as per an option in the Florida statues 744. 

5. he was made my guardian to specifically help defend the  foreclosure suit and in fact the original  suit was dismissed but then he accepted service on a new suit ( is what I was told) He personally told me he did not know how to defend a foreclosure suit  and was obligated to get legal counsel to defend the suit. He never did.  The other lawyer working on my behalf, larry pivaceck also emailed me that he will deal with nothing but the guardianship case meaning will not help in the foreclosure case!   Both were enlisted to protect my rights and to assist in legal and financial matters.  They are being paid by the government to protect my rights and  they were legally obligated to obtain competent legal  representation! That was not done at all!  In fact Patrick weber accepted service on the  new foreclosure before getting a lawyer who  was versed in defending foreclosure suits.    

6. He was supposed to help clear up the identity theft items  on my credit report.

7.  He was supposed to protect me from fraud and criminals who have preyed on me in my past and who i want to prosecute.

8. He was supposed to help to prosecute  Karen kahel’s bullying which  caused  the  last nervous breakdown in 2007.  Her bullying and infliction of emotional distress  left me with a medical  bill of $5000.00 which I needed  to have relieved though a law suit  making karen kahel and her bully friends accountable for their actions.

9.  Ian stein with my aegis  mortgage in 2005, asked for a personal loan  to pay his child support when I finalized the  refinancing in 2005.  I didn’t know that  was very   suspect and very unethical but  when I went to get repayment of the loan his phones were  disconnected, and soon after  the offices  closed  and the company eventually went bankrupt! My guardian was to help me get the money back!

10.  As per the HOA he was to reduce the amount owed not owed the attorney fees and the interest    due to the fact that  the first  foreclosure starting in
July 2011  was done improperly and  not addressed to my guardian but to me… when he was supposed to be in charge of all  legal and financial matters!  He  actually was really horrid when he  “winked and blinked” as if it was a joke  and told the courts he would waive the statute  of limitations   which was almost up ( one year) and accepted service on this new foreclosure  a few weeks before the limit  was up and when he still did not have any legal representation in place!   He  actually had me go through more emotional torture when a sale date was set for my condo  so instead of actually helping me he was harming my home ownership!  He did everything  wrong and I think he did it wrong on purpose! He told me when  we first met and I had asked if I  should petition to have my independence back.. That I should  keep him for my guardian at least this year for all the help he could provide.. and so far  nothing has been fixed! 

I  keep getting threatened that there is  a large amount of money owed for the HOA and owed immediately.. as of last week I was told he made some deal where I needed $5000.00 down and had to pay $500.00 a month to the HOA…  to stay in my condo….a far cry from the loan he was going to get from his buddy where the payment was $100.00 a month!  The  $500.00 a month payment is more than my medical disability total amount! If I had $5000.00 I would have been able to afford a real lawyer who specialize in HOA disputes and knew how to defend a foreclose suit!  Something very wrong is going on here! Just yesterday I got  a bullying phone call saying I  now owe $62,000.00 that needs to be paid to the HOA…It is even  worse… than not having a guardian  “helping  me legally” . The total amount was supposed to only be  $20,000. and  could have been bargained down  if he had actually let the statute of limitation  run out …… but since he didn’t have any legal representation in place at the time… and  I still l do not have another  real lawyer  who knows how to defend a foreclosure….( that he was supposed to find actually obligated by the Florida statutes!   He has ruined one full year with he “non-  help”  but he and  Larry are still getting paid by the government  without doing  anything!….my life is more messed up than before I gave up my  independence for this limited guardianship which was only put in place to assist in legal and financial matters…. I need government media attention to step in and stop the corruption! Thank you for your kind attention to this email, mary jean ziska 

     

        

monday august 27th 2012 @ 11:16am: email sent to channel 4 troubleshooter, channel 2 and channel 7

My name is mary jean ziska.  I reside in Naples florida and have lived here on and off since 1984.  I purchased a condo in 1999.  It is located in The Strand address:  *****xxxxxx*****Naples Florida .   I am 46 years old and I have been living through the worst ten years of my life!   In 2002 my identity was stolen  but i did not realize it until last year when I wanted to get an equity line of credit and requested my credit reports.  I had been fighting against con-artist and criminals since 2003 when i met a person who claimed he was gerard ahler and owned pro line contracting in brooklyn new york.  He also claimed he was a member of the mafia and against everyone’s advice i  told him what he asked about my family’s property  about my families money and about my history… thought i was invincible and that he could not hurt me.. or my family… but he ended up getting threatening on the phone, controlling and  he liked to scare me into tears. At one point in time he threatened to kill my mother! He said he would steal my businesses my family’s property and ruin my life. My life was never the same again.  His sister Christine martucci told me that i should not leave my bank check book on my dining room table, one day while I was working in her house in Marco island… that is when i knew was the first of many  times they have broken into my home.  I have had items of clothing, jewelry, business files and  even personal pictures stolen from my home and  my car.   I met a girl in 2005 named karen kahle who i briefly worked for through my mother’s  babysitting business  who asked for my social security  number and worked at 5th third bank. I babysat for her when she was having an affair on her husband and  i [personally know she trespassed into the strand by walking her baby and having her other babysitters walk the baby into the strand!  I know this because she told me that i should leave the side of her house and  trespass into the strand though the sidewalk! I am telling you all of this because she and others used the phone service to bully me to harass me and i had a nervous breakdown which lead me to enlisting the assistance of a guardian to stop the criminal activity to fix what these criminals have already done to my life, my home ownership and  what they have done to personally ruin my reputation and my life let alone my credit and my trust in  anyone! Additional criminals to add to the list were a series of robo- signing crooks including  Ein stein from Aegis… David J Stern from residential funding and  a string of problems with  mortgages and in addition a foreclosure suit  by my  HOA!  My life is a mess and due to these criminals…. The guardian was enlisted to help, to correct these grievances and to only  deal with legal and financial matters! the lawyer who is supposed to help me in regards to  the guardian is named larry Pivacek. The guardian I have had on and off since 2006 is named Patrick Weber.  No one is doing their job, neither of them have assisted in fixing anything, I don’t even believe an action plan was ever filed stating what they were supposed to have accomplished through their services.  Both are getting pid by the state and i believe the state should be made aware of this horrid situation! i believe they are just getting money from the government and not being held accountable for actually helping!  These were the areas that they told me a year ago  that they were going to help:

1:  increase my medical disability amount of money

2:  clear the title on my home from all the fraud and criminal robo- signers

3:  confirm that since David stern lost the mortgage note … that the  mortgage should have been dismissed/ forgiven due to the substantial  fraud… there should be no mortgage  on my condo… presently it is a mess three different credit reports  list multiple owners, and  multiple amounts that should have been  dismissed after fraud in 2005…

4: Patrick weber said he wanted to get a loan from his friend at regions bank for assisting in paying of the HOA fees that were the issue for the  foreclosure suit  by the  HOA. He did not do this, nor did he  take my request in 2011 when i asked that he get my own bank  to be a co- guardian as per an option in the Florida statues 744. 

5. he was made my guardian to specifically help defend the  foreclosure suit and in fact the original  suit was dismissed but then he accepted service on a new suit ( is what I was told) He personally told me he did not know how to defend a foreclosure suit  and was obligated to get legal counsel to defend the suit. He never did.  The other lawyer working on my behalf, larry pivaceck also emailed me that he will deal with nothing but the guardianship case meaning will not help in the foreclosure case!   Both were enlisted to protect my rights and to assist in legal and financial matters.  They are being paid by the government to protect my rights and  they were legally obligated to obtain competent legal  representation! That was not done at all!  In fact Patrick weber accepted service on the  new foreclosure before getting a lawyer who  was versed in defending foreclosure suits.   

6. He was supposed to help clear up the identity theft items  on my credit report.

7.  He was supposed to protect me from fraud and criminals who have preyed on me in my past and who i want to prosecute.

8. He was supposed to help to prosecute  Karen kahel’s bullying which  caused  the  last nervous breakdown in 2007.  Her bullying and infliction of emotional distress  left me with a medical  bill of $5000.00 which I needed  to have relieved though a law suit  making karen kahel and her bully friends accountable for their actions.

9.  Ian stein with my aegis  mortgage in 2005, asked for a personal loan  to pay his child support when I finalized the  refinancing in 2005.  I didn’t know that  was very   suspect and very unethical but  when I went to get repayment of the loan his phones were  disconnected, and soon after  the offices  closed  and the company eventually went bankrupt! My guardian was to help me get the money back!

10.  As per the HOA he was to reduce the amount owed not owed the attorney fees and the interest    due to the fact that  the first  foreclos
ure starting in July 2011  was done improperly and  not addressed to my guardian but to me… when he was supposed to be in charge of all  legal and financial matters!  He  actually was really horrid when he  “winked and blinked” as if it was a joke  and told the courts he would waive the statute  of limitations   which was almost up ( one year) and accepted service on this new foreclosure  a few weeks before the limit  was up and when he still did not have any legal representation in place!   He  actually had me go through more emotional torture when a sale date was set for my condo  so instead of actually helping me he was harming my home ownership!  He did everything  wrong and I think he did it wrong on purpose! He told me when  we first met and I had asked if I  should petition to have my independence back.. That I should  keep him for my guardian at least this year for all the help he could provide.. and so far  nothing has been fixed! 

I  keep getting threatened that there is  a large amount of money owed for the HOA and owed immediately.. as of last week I was told he made some deal where I needed $5000.00 down and had to pay $500.00 a month to the HOA…  to stay in my condo….a far cry from the loan he was going to get from his buddy where the payment was $100.00 a month!  The  $500.00 a month payment is more than my medical disability total amount! If I had $5000.00 I would have been able to afford a real lawyer who specialize in HOA disputes and knew how to defend a foreclose suit!  Something very wrong is going on here! Just yesterday I got  a bullying phone call saying I  now owe $62,000.00 that needs to be paid to the HOA…It is even  worse… than not having a guardian  “helping  me legally” . The total amount was supposed to only be  $20,000. and  could have been bargained down  if he had actually let the statute of limitation  run out …… but since he didn’t have any legal representation in place at the time… and  I still l do not have another  real lawyer  who knows how to defend a foreclosure….( that he was supposed to find actually obligated by the Florida statutes!   He has ruined one full year with he “non-  help”  but he and  Larry are still getting paid by the government  without doing  anything!….my life is more messed up than before I gave up my  independence for this limited guardianship which was only put in place to assist in legal and financial matters…. I need government media attention  to step in and stop the corruption! Thank you for your kind attention to this email, mary jean ziska