Asking for prayer is not sign of weakness, but of wisdom!
Welcome to the WAY-FM Prayer Wall. God hears your prayers! Use the form below to add your request. We also encourage you to scroll down the page to pray for others. Click “I PRAYED FOR THIS” to let a fellow listener know that they are not alone. Thanks for being a part of the WAY-FM family!
A really good friend of mine has false beliefs about God, and though he barely even cares about the ones he has, he won't even look into the truth. I truly believe he is in some serious danger and am worried terribly for him.
Received: July 25, 2017
Thank you all for your continued Christ-like compassion and prayers. God closed an employment door for me today, which wasn't what He had for me. I continue to pray for God's timely provision and that He opens up a new door and a new path of life for me. I believe that God is using my story along the way.
Received: July 24, 2017
Please pray for my dear friend Brandon's salvation, that he would be a new creation in Christ:) Thank you family!!
Received: July 24, 2017
mary jean ziska
July 24, 2017
• • •
Mary Jean Ziska
5632 Whisperwood Blvd. Unit 1601
Naples, Florida 34110
To whom it may concern:
TV Channel; News Paper; TV Show; News Shows; Christian organization; Etc.
I am writing to you today as a concerned citizen, as a defendant in a foreclosure suit and as an appellant in the appeal of the foreclosure suit being heard in the second district court of appeal. What has occurred in the case of this “David vs Goliath” saga is nothing short of a tragedy. The villains in this saga are ruthless, heartless and lawless. The lawyers whom I had thought were possibly just sneaky and devious have proven themselves to be nothing short of actual liars in open court.
The actors in this saga, comprise a heartless bank ( 21st Mortgage); a large and corrupt law firm (Quintariros, Prieto, Wood & Boyer PA ) a limited guardianship that evokes every horror story that you have heard concerning the abuses of guardianships, greed, power and an aversion for following the law, doing what is ethical, moral, or even coming close to doing what is righteous, just, helpful, honest , or even ….. just doing what is “the right thing to do” and all of this happening right under your noses in Collier County, Naples Florida.
If anyone had ever told me that the worst years of my life would happen in Naples Florida I would say “ here in this beautiful Paradise? Where hopes wishes and dreams were supposed to come true? .... not possible….” But under cover of palm trees, pristine beaches, beautiful sunsets, and the belief that all things were possible… there is a sinister mess that has been created and in my life-story destroyed. It started as far back as 2006 with a simple refinancing of my condo….. At 5632 Whisperwood Blvd. Unit 1601, Naples Florida 34110.
I chose this condo in 1999, after being told that the LPGA has just played the course, I chose the white tile throughout the unit to keep it clean and bright and to be helpful with any dust or allergies. Within this gated community was a large and beautiful clubhouse, tennis courts, basketball court, riding paths, swimming pools and even a weight room and spa..
Ahhh the promise of such a great life, a first time home owner- residence at 5632 Whisperwood Blvd. Unit 1601 Naples Florida 34110, it was promised to be safe, and protected, everything a single girl could possibly want to start her life in Naples…My mother and father were helpful with down payments and I had a faux painting business… a hobby I had actually turned into a business as income. I turned my den into an art studio for samples and the collection of ideas… I worked really hard, saved my money and planned on going to interior design school. It was only two additional years at the Art Institute in Fort Lauderdale (a minimal drive across alligator alley) and without a lengthy amount of schooling fit between faux painting jobs, it seemed like a “win-win” situation to add to my educational experiences. I had already graduated with my Bachelor’s degree from University of Florida and loved taking classes intending one day to get an MBA. I loved the prospect of successful businesses and all that could be done with the proper knowledge and the right business, and business skills not to mention all that could be done for others within those businesses and organizations…. such as philanthropy, foundations, scholarships and grants. I believed once I slowed down I would be able to take golf lessons, tennis lessons, swim or run… use the club house and actually enjoy the beautiful amenities that drew my parents into believing that their daughter would be happy and safe and have a great start…. in her first residence of her own in Naples Florida. Located within the STRAND, with a motto that read “YOU BELONG HERE” and all within walking or riding distance from Publix, banks …close to 75 for travel to and from classes or jobs…. it had everything!
If I knew the horror that was yet to come…. I think I would have chosen any other path….I would have skipped any stop in Florida… maybe not change high schools… my senior year(1984) and not go to Barron Collier….and instead join a friend at a different boarding school, friends who attended Miss Porters, or Ethel Walkers,…. Maybe stay in school in France after high school…. And never go to college in Florida… stay and go to school with friends I had met in France,… go to Sweden, or Germany… the what if’s are and were endless…. And the regret…. Don’t even get me started…. But this isn’t just about me and my experiences, there is a larger picture to view and many injustices that have happened that I am sure did not only happen to me…I am not the only person who has had their life ruined with a combination of my naivety, trust and gullibility that was taken advantage by some very devious criminals. But first a bit of the back drop:
A terrific condo, a business birthed out of a hobby, a funny little story of a “Gingerbreadman cookie and God’s plan for this great guy…. Someday… the continued hope of someday…., and then that promise of a perfect future all destroyed…. Unless someone is able to stop injustice…. I started my second website “ My search for Justice” , made my own homemade version of You Tube videos to bring attention to events, created a “Go Fund Me Account” to raise funds for lawyers and for help in stopping and repairing the damage that had been done and was continuing to happen, I prayed each and every day…. A lot, for a huge financial miracle(to help even the fighting field), protection from harm, restoration of everything broken, stolen, destroyed, and ruined, and added documented these unbelievable events, and later the legal docket entries on my blogs and Facebook pages to try to bring attention, awareness and change to what was happening. I wanted to make sure these same events did not happen to anyone else… EVER…. What is the saying by Edmund Burke “The only thing necessary for the triumph of evil is for good men to do nothing….
I am writing this with the promise and belief, that “what the devil meant for harm , Jesus Christ, can turn to your advantage”… so there has to still be HOPE… and a belief that it’s not over, the fight that is… the fight to do what is right, to stop the bad guys, and their unbelievable arrogance, entitlement and ability to just do whatever they please, to be on the right side of justice and to have a happily ever after …. Even after everything and even in the middle of this “mess” that has been created after everything that has happened…. It’s not over…. Not yet anyway…. And I am writing to you today to bring to light and keep transparent the recent events concerning a foreclosure of this beautiful and wonderful home/condo and to bring to light many events that reek of injustice ….. all the events that have led up to this, and all the seemingly corrupt and unjustified actions primarily of a bank 21st Mortgage and a less than honest law firm from Miami (Quintarriros, Prieto, Wood & Boyer PA) that I am dealing with- and how I am currently trying to get my condo back …. But that is not the beginning of this tragedy….
The choice of the condo, which should have been so terrific, and is so terrific… It’s not the condo that was ever the problem( except for the greedy people who decided they wanted to take what was mine and do so in an unlawful way ( … who would have guessed that this condo would be the fight I never anticipated, never wanted and is the fight that may mean the most to change laws, rules and regulations in both the Civil and Appellate courts and change the way that Guardianships whether Limited or Plenary are monitored.)
Who would have known that this one residence could be the catalyst to bringing more transparency, more accountability and possibly more change into a system that relies on control by fear, intimidation and the treat of ruined reputation…. That relies on embarrassment, and the “disregarded” of society to be ignored and have no voice in their own lives or their own financial matters or home ownership. My hope is that after investigation and justice are truly brought into the scenario, that NO ONE is rejected, ignored, bullied, discounted and abused within a system that is supposed to help and has ONLY harmed and destroyed my life…. It has destroyed my: reputation, my businesses, my credit, my finances, my homeownership and all of my hopes wishes and dreams…. A quick history of my land records would reveal that in 2006 I did a refinancing with a company named AEGIS ( now bankrupt and the gentleman who was the broker (Ian Stein) has disappeared owing me $3000.00 he wanted as a personal loan to him at closing - a personal loan he said he needed for his child support…. O.k. I was naive and trusting and growing up within the safety and security of “mother” ARAMCO- Ras Tanura ( Saudi Arabia- has Capital Punishment) I had never met a con-artist, or criminal or been subjected to anyone who was devious and deceitful… first mistake…. I ‘m not sure how, but also in 2006 my identity was stolen, and I started receiving information from many companies that claimed ownership of my condo….along with duplicate capital one credit cards, and phone accounts etc. … One such horrid person was David J. Stern/ Residential Funding( also known as the “Foreclosure King”) He claimed ownership of my condo and promptly tried to foreclose on my property. When Mathew Kahel submitted the lost note affidavit…(meaning he did not possess the proper paperwork-ie NOTE) .. the case was dismissed and vacated…. This event was what prompted the start of a limited guardianship that was established to protect my property from all the people/companies who were claiming to have ownership of my property…. I was told very little and had done basically no research as to what this guardianship meant and had no idea of how horrid it would be and how it would ruin my life. I was told, Patrick Weber, as an attorney would help to clear up the mess…. He was to file a quiet title, help clear up any identity theft items, clear up the mortgage fraud problems and make sure all was well…. Sounds great right? I kept on living my life, I kept working at my faux painting business ( M&M Decorative Painting), was a member of my alumni sorority association(Kappa Alpha Theta) and even was vice- president of philanthropy for a short time, I wrote and received a grant from Kappa Alpha Theta for an additional business my mother wanted to start with me ( she and I thought it would be a nice addition to her babysitting business: A Tender Loving Care Service- www.atenderlovingcareservice.com) This business would incorporate etiquette classes and schooling from Emily Post Institute ( www.atlcprep) I started websites, created and instituted an orientation for hiring practices, and even helped my mother to establish an exclusive contract with the Waldorf Astoria (Naples Grand) for her babysitters and sitting services…. To be perfectly honest I pretty much forgot all about the “ guardianship” and led my life assuming that these people who were supposed to “help” would do so As far as I know, Patrick
Weber, never filed a quiet title, never cleared up any of the identity theft and never cleared my name. Instead, I was counted as one of many within a quota entitled: “ward”. This quota that was required for receiving the $75,000.00 grant that was awarded the guardianship department of collier county. I actually found out so much more that has been shocking and devastating when I did start to try to contact the guardianship department, the people who were supposed to help and other government agencies that were supposed to be monitoring thee departments.
While guardianships are supposed to be put in place and established, to help, they are mainly geared only toward the “guardian”…. Not the “ward”. Just take the time to research any cases in law concerning guardianships and wards. These cases revolve around topics such as: inheritances, finances, the people who receive either the inheritance, or the residence…or the cases are based solely on the attorneys being paid! …. In reality, once a person is attached a title as such as “ward”… or the word “guardianship” is attached in any situation the entire situation is changed. Who really pays attention to someone who is a “ward” ? That word (ward) evokes an empty hallway in a facility that no one wants to venture into …. These guardianships are not properly monitored… if you look up law cases based on guardianship, many revolve around an elderly person who has family only interested in their inheritance, no one really knows the difference in the terminology, the Florida Statutes (744) involved, or the rules and regulations involved in subjects such as limited guardianship, plenary guardianship, or even guardian ad- litem. To be honest, no one really cares. I even created a You tube video on one individual who sent me to the guardian ad litem office instead of understanding the difference between a limited guardianship…. and a guardian ad litem. When I went into the State Attorneys office to seek assistance on additional identity theft issues, and to report this bank account opened (at 5th 3rd Bank) in my name by a limited guardian who claimed I was under 18 years of age, was incompetent and incapacitated… to have help in stopping further identity theft, I received a package in the mail concerning identity theft. I had already had experience in filling out forms and closing accounts and contacting all the appropriate agencies ( Transunion, Equifax, Experian and even lifelock and my bank‘s own identity theft agency) but no one did anything to question or even squash the abuse of power by a limited guardianship…. and no one really cared… it was left in my hands to fix, and fight on my own behalf to right the wrongs, and to stop any further damage….
Here is what has happened after the limited guardianship was established:
Two bank accounts have been opened in my name:
1. (2012- Regions Bank Account opened by Patrick Weber) I was never told about the bank account until Life lock informed me of the account and I did a bit of investigating concerning the $5,000.00 that was placed into the account for only a short while then withdrawn and the account was closed.
2. (2015- 5th 3rd bank Account opened by Marion Gregory) I also found out about his bank account when a notice from the bank was in my mail documents telling me that all my accounts were nicely linked together. In this bank account $1222.66 were placed from monies stolen from my finances and put into that bank account . I had to contact the bank, send them a You- tube video proving I was not under 18 years of age, police reports, letters, emails and after months of diligently working to stop the injustice, ( including having Larry Pivach submit a “Petition To Compel” to stop the theft of funds and to close down the bank account) I finally received about $200.00 to stop the theft, and close down the bank account… )
3. (2014- a fraudulent bankruptcy in my name…. a chapter 13 AND a chapter 7 created and executed by a local Attorney Linda Yerger and also the limited Guardian Marion Gregory ) this ruined my credit. I was in the process of trying to restore my credit and identity after identity theft in 2002, 2006, and 2012. I had no personal debt, ( no car loan, no credit card debt ,no personal loans and I had a 728 credit score ) and I assumed the “limited guardianship had worked on my behalf concerning mortgage fraud and an HOA debt. By this time, I had purchased not only LifeLock but also Transunion, Equifax, Experian and even my own bank’s identity theft program in the hopes that somehow one of these companies could stop the use of my name and my identity. I was completely against bankruptcy and believed that since there was supposed to be no valid mortgage since 2007-2008 with David J Stern’s fraudulent foreclosure / claim of ownership that all this mess was going to be cleared up. I was very wrong. I tried to remove this bankruptcy, as I had one all the other false accounts in the past, I wrote to the credit bureaus, and even found one individual within Experian who told me I needed to not only file a complaint, but also needed to remove and expunge it from my records. So I started to look for attorneys, who could help. Many attorneys were more than willing to create a bankruptcy but no one wanted to help remove it. I contacted the department of justice, sent emails to every department requesting help, I contacted and wrote to bankruptcy fraud departments, sent emails to lawyers, to government agencies including local senators to ask them to change laws and asked everyone for help. I even drove to Tampa to find the foreclosure fraud department that could press charges or stop this injustice ( a felony for a fraudulent bankruptcy). I was basically ignored and forgotten.. the damage had been done, and to everyone involved there was this “guardianship” involved and so whatever actions were taken in my name … my voice was not only unnecessary…. It was discounted and silenced.
4. Auction of my condo: These most recent events bring me to a notice I received in my mail box telling me that my condo would be auctioned on September 1 , 2016. This notice only arrived 5 days before the auction of my condo. I was not even aware, notified, or was ever involved in a foreclosure suit with a company ( 21st mortgage) I did not know was trying to claim ownership of my condo. The last “unjustifiable” owner I had known about was in conjunction with David J. Stern and on my many credit reports SINCE he had wrongly tried to foreclosure on my condo(without the proper paperwork), it looked like he had tried to sell my condo multiple times, and it kept being returned to his company (residential funding) …. Then he lost his license in 2014 to practice law, I think he was implicated in racketeering and from the news articles in the Palm Beach Post he was not what you would call a reputable person, business man, or lawyer.
5. I went to the auction believing this had to be some horrid mistake, something more to do with the identity theft and all the criminal and con-artist who kept ruining my life…. how could there be a sale of a condo, or a foreclosure of my condo without me being told about it? Being notified about any of it? Being the only person involved in trying to save it? This condominium where I lived since 1999, that was sold out from under me in an auction I only found out about 5 days before the sale on September 1st 2016…. Not 5 days before the hearing court date, or 5 days after the initial complaint… NO …. 5 days before the sale of my condo to the bank (21st Mortgage ). I was the only “interested party” in the sale of my condo except for the woman who represented the bank and she bought my condo for $161,000.00. I went into the bathroom and cried, called my sister and immediately tried to find information on what I could do to get it back. In the 5 days prior to the sale I had contacted lawyers, who had not been helpful, contacted banks who were not helpful, researched information and found that I could still file an “Objection To The Foreclosure Sale” within the 10 days after the sale. My first foray into the land of submitting legal documents I wrote two versions for the “Objection To The Foreclosure Sale” and stood in line at the Clerk Of Courts to have them stamped and submitted into the foreclosure docket on September 12th 2016. I didn’t know what a docket was, had rarely looked at my land records and was also unaware of the information contained in the guardianship docket…. I though the people who were supposed to be helping me were somehow actually… helping…. I later found out more information that I was never told including, that were actually two guardianship dockets in my name(11-2006-GA-000117-0001-XX and 11-2006-GA-000115-0001-XX) …. and after more research, half the lawyers and judges who were in charge of these dockets I had never met, or heard of until fighting for the ownership of my condominium. The foreclosure case was (Civil Action number 2015-CA-001170) and currently in Second District Court of Appeal (Case Action number 2D17-1909). These are the entries of submissions made by Mary Jean Ziska/ Pro Se Defendant and Appellant from September 12th 2017.
1. Objection to the Foreclosure Sale: Docket entry #:
2. Objection to the Foreclosure Sale: Docket entry#:
3. Productions of documents to Nicole P. Plannel: Docket entry#:
4. Production of documents to Linda Yerger: Docket entry#:
5. Objection to the Magistrate: Docket entry#:
6. Objection to the Magistrate’s Recommendation’s: Docket entry#:
7. Motion for an Extension: Docket entry#:
8. Notice of Appeal: Docket Entry#: 227
9. Emergency Motion to Stay: Docket Entry#: 228 AND 250; AND 249;
10. Emergency Objection to the transfer of title: Docket Entry#: 239; AND 260; AND 261
11. Correspondence (written June 13th 2017) to Judge Hayes concerning damage to condominium by 21st Mortgage et al.: Docket Entry#: 248
12. Correspondence to Judge Hayes (written July 3 2017) concerning denial of access to condominium by 21st Mortgage: Docket Entry#: 262
How could so many people have had the opportunity to do what was right, and instead allowed so many injustices…. The bank accounts opened in my name, the money stolen, the fraudulent bankruptcy, the foreclosure case and the foreclosure sale, then the breaking and entering of the bank onto my property, the damage done to my property while the case is still in the appeal court, the denial of being allowed onto my property, the closed out of my electric account and no one standing up for rules and regulations of either the civil court or the Appellate Court. How was all this possible? All the damage, all the destruction that seems to be never ending… by the excuses and use of the word “limited guardianship”.
These judges, lawyers, banks, individuals…claiming that by the establishment of a guardianship, they had a right to do whatever they wanted to me, or my property, without my legal consent, or knowledge, then when that seemed to violate so many due process or rights or even be against the law, these same individual trying to give an excuse for their inexcusable behavior, change their minds to claim that they did not have any knowledge of a guardianship and even if the “defendant” was not present at a foreclosure hearing, or to take bankruptcy classes or even to meet or hire a lawyer…. That whatever happened or is still happening …. That the violations and destruction is somehow alright…in their opinion, that as long as no one knows about everything, that the theft, the abuses done in silence will just go unnoticed, and eventually after the big bank and the lawyers and everyone gets what they want… I will be forgotten. I was once told by Patrick Weber, to “shut up and be a good girl.” I am not staying quiet about any of this anymore. I received my full freedom from this limited guardianship on May 3rd 2017, I was never an alcoholic or drug addict, never “under 18 and incompetent or incapacitated”, not crazy or any of the many lies that made any of these horrid experiences possible. If these horrid experiences can happen to me- a person 51 years old… where my entire body and soul is exhausted trying to fix all the damage, what is happening to the people who are weaker, older, much younger, people who trusted more, who believed the best in guardianships or limited guardianships, who were unable to do something on their behalf ……something needs to be done to make changes in laws, rules and regulations. I have previously, contacted Senators who were working on bills and laws to make changes and in fact some changes have been made but clearly not enough.
After the “Objection To The Foreclosure Sale” submission, learning to E-file documents and receiving paperwork for a hearing in front of Magistrate Friedman on October 25th 2016. I requested paperwork, (“ Production of Documents” to both Nicole Plannel and to Linda Yerger) to catch up on this case that I appeared to be involved in that was concerning my condominium and using my name solely as “defendant”. I submitted “Objection to the Magistrate”. For some reason this was ignored and a hearing before Magistrate Friedman went forward with the Attorney Linda Yerger appearing only to withdraw as counsel. I had never met this individual until the withdraw at the cross- hearing. I had emailed her to tell her to remove the bankruptcy she had created. Yes the same Attorney who created a fraudulent bankruptcy in both a chapter 13 and then chapter 7 in my name, was also the attorney involved in a foreclosure case- she lost and which then led to the sale of my condo. The hilarious reason she withdrew from being an attorney that I never hired, paid, never met, or never discussed any strategy was “ irreconcilable differences” ! Later Judge Hayes acknowledged that he should not have had the hearing before Magistrate Friedman since I HAD submitted in a timely fashion, the “Objection to the Magistrate”. But that is not the only time my paperwork has been ignored… I had requested a “Production Of Documents” from Linda Yerger and from Nicole Plannel -two times and both times my requested motions were ignored. Is it because I was a pro se litigant/ defendant or the fact that I was considered a “ward” that my paperwork was ignored. I had to additionally write and submit an “Objection To The Magistrate’s Recommendations” and on February 17th 2017 a hearing was before Honorable Judge Hugh Hayes. In this hearing, he recognized the mess that was the intertwining of the guardianship case and the foreclosure case. Both cases were unbeknownst to him placed under his control during the foreclosure proceedings and he remarked that in fact he had been involved in at least one of the guardianship dockets starting in 2006.
Here is where the law firm of “Quintarriros, Prieto Wood and Boyer Pa” start getting a bit devious or maybe you could say dishonest. In the transcript from February 17th 2017 the Judge clearly states that he is going to “Vacate The Foreclosure Sale” and the entire “Foreclosure Case” based on the evidence that they may have sued the wrong defendant acknowledging that there was this guardianship “mess” that had not been addressed. So Judge Hayes planned on having an additional evidentiary hearing concerning the guardianship in relation to the foreclosure case. Nicole P. Plannel, with papers in hand for a sustaining order, sends him paperwork to ONLY sustain the objection to the foreclosure sale instead of vacating the sale and the case, and then requests a rehearing of the objection to the foreclosure sale. In the docket the item reads the “vacate” for the Foreclosure, but when you open the information and click on the PDF it reads “sustain” . The rehearing is held again in front of Honorable Judge Hugh Hayes and this time I hire a lawyer, assuming this pro se litigation was getting far to advanced, and for the reason I really wanted to be alleviated of some of the pressure and stress that all thig fighting had caused. I hired Robson Powers of the law firm of Conrad Wilkham (a local Naples Law firm whom I met with on three separate occasions ). I turned over all the money I had saved as a retainer, and on May 3rd 2017, there were two hearings, the first being a hearing for restoration of all my rights (which I had been requesting from Patrick Weber since at least 2011/2012. Whom had asked me to give him a second chance, to actually help me- yet, since 2011 still no complete freedom, nothing done to fix the identity theft, the mortgage fraud, the land records or file a quiet title…. ). On May 3rd 2017, even though I was told that this limited guardianship was put in place to protect me and without it I would have no protection…
I took my chances.. this limited guardianship thus far had ruined my reputation, my credit my finances, my home ownership….. it was time to stop trusting in people who really had no interest in my future, did not really care what happened to me, and had no plans on fixing all the damage that had been done by this limited guardisanship….so … May 3rd 2017, the restoration of two areas: 1- the ability to contract and 2- the ability to defend lawsuits. Finally I was free of the abuses and injustices of a limited guardianship or so I thought…. The second hearing right after the guardianship hearing was the “Rehearing” of the “Objection To The Foreclosure Sale”. I had an attorney of record so was no longer a Pro Se litigant/defendant and left the defense in the hands of Robson Powers, The case was lost.
On May 10, 2017 I filed a “Notice of Appeal” along with an “Emergency Motion to Stay Proceedings Pending Appeal”. It was stamped at the Clerk Of Court window at the Government Building Collier County Court House and I ran an extra stamped copy upstairs to the 5th floor to be placed into Honorable Judge Hugh Hayes mail box (signed in by 4:55pm)! I believed the “Emergency Motion to Stay” being designated as an “Emergency Motion”… would serve as a preventative action to maintain the status quo of the case, my living conditions and allow me to work on the next paperwork necessary to get my condo back from the wrongful foreclosure case, sale and allow for the time necessary to undo all the damage this limited guardianship had done… Again I was ignored and rules and regulations were ignored….
1st the Judge did NOT recognize the “EMERGENCY” part of the “Motion To Stay”…that was supposed to allow for expedited motion before 5 days…. IN FACT IT WAS NOT RECOGNIZED AT ALL. I resubmitted it again on May 16h 2017 along with an “Objection To The Transfer Of Title” as the title was prematurely transferred by Patricia Murphy on May 11th 2017 only one day after the final order. This transfer was done without the 10 day waiting period for objections or notices of appeal, and definitely without recognizing the “Notice Of Appeal” from May 10th 2017 all concerning the same “Objection To The Foreclosure Sale” –rehearing . When I previously, mentioned that my paperwork was not acknowledged, or rules followed concerning submissions, and in particular the “EMERGENCY MOTION TO STAY” was not recognized multiple times, I was submitting it into the docket, mailing it with tracking numbers, hand delivering it with signed notice for delivery, and also submitting it to the Second District Court of Appeal. In fact it was completely going unrecognized until the last submission on the 26th 2017 when the Second District Court of Appeal send an order for Judge Hayes to set a hearing. This hearing was finally set but not before Judge Hayes until July 14th 2017 at 11:30 in court room 4-D. In the meantime, I went to my condo after a birthday weekend and found that it had been broken into, the screen on the lanai had been sliced open, the door busted down and replaced, the doors inside broken, locks broken off doors, moldings broken off, the refrigerator pulled out from the wall dirt on the white tiled floor, possessions a mess in the garage. I went to the guard gate and they were unaware that anything had happened to my condo…o that anyone had been in my condo. I wrote a letter detailing the damage and submitted it to both the Second District Court of Appeal, and to Judge Hayes, and made sure it was in both the lower tribunal docket and the Second District Court of Appeal Docket. I returned on July 3rd to gather evidence in the form of pictures and was told I could not enter MY COMPLEX. I could not check my mailbox for my birthday cards, ( July 7th 2017) I could not access my property, and I could not stop the damage they were doing in my condominium. I was left a victim of circumstances that should have never happened had the first “Motion To Stay” continued the “status quo” it was supposed to do since May 10th 2017. Had the court decided that a pro se litigant, or a limited guardianship were just not important enough to illicit justice or that it was easier to ignore and discount me verses the money or influence that the big bank 21st Mortgage or the lawyers of Quintarriros, Prieto, Wood, & Boyer PA. had in the court. Had the bank and lawyers just been inpatient? Had they decided that no matter what they were going to be able to steal a condo without a fair fight? These lawyers and bankers who never believed this insignificant person, Mary Jean Ziska mattered. The “Emergency Motions” could have been corrected many times, yet were not addressed properly, were ignored or were made worse by allowing the time and damage to property that is NOT finished being reviewed in the appeal court! The motion to stay was finally heard by Honorable Judge Hugh Hayes on July 14th 2017 and he denied the motion. I’m not sure if I was penalized for the multiple times I submitted it and it was ignored, or for the fact that the Second District Court of Appeal made him have a hearing. At the hearing, Judge Hayes did not address any of the points I had submitted in the written documents. He did not focus on addressing the 4 primary reasons for a standard “Motion To Stay”, or acknowledging or addressing the points concerning the “Premature Objection To The Transfer Of Title. He neglected to address the damages done to property located at 5632 Whisperwood Blvd. Unit 1601 Naples Florida 34110 and failed to remedy all the inconsistencies and apparent abuses by the law firm or the bank. The stench of dishonesty in the bank being allowed to break and enter, to damage property and to most likely rent out property that they do now own by the sheer fact that the foreclosure sale and subsequent foreclosure case is under review by the Second District Court of Appeal! It is still my property, my home and my residence since 1999 (it is not owned by the bank as the case can be over turned and the case is still in the Appellate court!) My request for an extension of 60 days was granted, by the grace of God and by the just and sound reasons sent within the “Extention Motion”. It was submitted on July 12th 2017 and was recently granted by the Second District Court of Appeal. So this case remains in the Second District Court of Appeal through the rest of the review process concerning the “Rehearing Of The Objection To The Foreclosure Sale”. However, this defendant, appellant, and pro se litigant has been deprived of her residence, her mail, and was denied the motion to stay by the layer Nicole P. Plannel citing the posting of a bond being required to be able to access property they have claimed as their own and ignored any appeal involvement. This cannot be what our founding father’s believed in to exemplify JUSTCE!
Judge Hayes used the court hearing on May 3rd 2017 to review one of two guardianship dockets that are in my name, and to try to establish a reason for his judgement to change the February 17th 2017 decision to vacate the foreclosure sale, and the foreclosure case, to the opposite opinion in his rehearing on May 3rd 2017. I do not have a copy of the transcript of the hearing yet, however if memory serves, it appeared he was trying to discredit the fact that a foreclosure case or sale had been improperly accomplished. Trying to discredit my character or my ability to be before the court as a pro se litigant / defendant/ or even appellant… fighting for justice and my condo ownership. In the end, he denied the “Motion To Stay, based on the fact that I was unable to post a bond of over 500,000.00 (yes that is 5 hundred thousand dollars) to gain access to my condominium. I had filed indigent status for the Appeal Process, and by doing so that was the reasoning that Judge Hayes used to deny my “Emergency Motion to Stay”. He basically reiterated the “opposition motion” submitted to him by Nicole Plannel of Quintairros, Prieto, Wood, & Boyer, PA. To further add to the “bull dozing practices” by the law firm and the bank, I picked up my mail at the post office on Fri July 21, 2017. I found another surprise, the bank had forced the closure of my current and paid electric account for my condo at 5632 Whiserwood Blvd. Unit 1601 Naples Florida 34110. I believe they are continuing to claim that I had “abandoned” my condo … which I did not. Nicole Plannel mentioned in court, that the bank had “secured” my residence, and glossed over the break in, the damaged property, and the electric account that was “forced closed” after I had mentioned the June 16th payment in the paperwork submitted to the lower tribunal and the Second District Court of Appeal. Their claim of securing the residence, was made after I paid my electric on June 16th 2017 when they claimed new residence and forced my account closed on July 20th 2017. These are action of bullies and do not belong in the court room, in the search for justice, and definitely should not be allowed to continue.
So, upon closing of this letter, I am writing to you, your company, your organization, your television shows, newspapers and news shows to help in “My Search For Justice” to bring attention to this situation, to perhaps, publish this letter, or set up an interview, initiate an investigation, write an article depicting the injustice in this situation, or other situations and to help in any way possible… if this much damage can happen to me.. there is no telling what else is going on behind closed “guardianship doors”, to other people’s finances, their home ownership, all kept hush hush blanketed in silence, fear and intimidation. If you have never felt the crushing blow of injustice, weighing so heavily upon a person who cries out for help and is not heard, not acknowledged, but is instead ignored…. the continued actions consisting of abuses of power and control …..just wait…. anyone reading this may one day be elderly, or infirmed, or just have a group of people who decided to take what they wanted without any regard to rules, regulations, laws or decency. This is not events that could only happen to me….
If I am literally exhausted and crushed most days by the overwhelming “David vs Goliath” saga. What is happening to others? No one should have had to endure the abuses and the destruction of life, liberty, and pursuit of happiness, that has taken a happy, well adjusted, strong, independent and vibrant girl with a promising great future… and instead destroyed her life, it ruined her reputation, ruined her credit, business, home ownership and all the and hopes, wishes and dreams,…. literally destroyed everything through crooked, dishonest, unscrupulous and devious people, methods and actions without any sanctions, ramifications for these actions, apologies, or even attempts to rectify or find a remedy for all of it. This should never have happened to me, and if it is happening to me, God only knows how many people are being victimized. Without any resources to help stop the devastation, or any newspapers or tv shows to help reach the general public and make them aware of these travesties, without organizations, talk shows, or anyone opening up about the damages and stopping them from happening to others, this type of theft, abuse and continued damage to individuals based on greed, dishonestly…. lack of action by the public will not only continue but it will increase… what each and every individual must be made aware of is that this is not limited to one type of individual, one class, race or religion…. In one instant, an accident or just old age could give the opportunity for a guardianship to be established to “help” and in that instant , when any rights are taken away( for whatever reason) anyone can say or do the unthinkable: have their rights diminished, finances and savings depleted, credit ruined, have illegal accounts set up in their name, have their home stolen out from under them! Without the court system and the laws in place to require more accountability, more transparency, and more done to stop harm, in an instant a person’s life is irreparably harmed. Would you want that to happen to you?… well it could,…. as I said in the beginning of this letter if someone was to tell me of the events I would have to endure in Naples Florida for the past 15 years… I NEVER WOULD HAVE BELIEVED THEM!
Thank you for your kind attention to this letter and its contents and I pray that you will make sure that the horrid experiences I have had to endure, will never happen to anyone else again. Not ignoring the enormous amount work that has been done to try to get my condo back, or the enormous amount of work yet to do to get my condo back, I want to acknowledge the assistance of extremely nice and sympathetic individuals who have given me bits and pieces of advice, or helped in locating information, or helped in directing me to the right people- people who may possibly be honest, and live and work with integrity. To all of those individuals who have seen me cry, who have prayed with me, who have seen me fight an uphill battle that I fought honestly, and without nasty tricks. I am forever grateful and thankful for each and every person! You chose to do what is right, to be nice, to be honest, and to help me despite what other people may have done or said. Perhaps there may still be an answer, or solution that will assist to remedy this tragedy and turn what was meant for my harm into a happily ever after story of triumph and success, overcoming adversity and will give hope to others that they are not alone, and that just as David Vs Goliath, David … ie the little guy or girl in this case me- Mary Jean Ziska, can and still does win even against Great obstacles, and tremendous and unfavorable odds!
Mary Jean Ziska
Mary Jean Ziska- Appellant, Defendant, Pro Se Litigant
5632 Whisperwood Blvd. Unit 1601
Naples, Florida 34110
Received: July 24, 2017
Dom=behavior, healing from past, adoption to our family. The business sales, the new house plan to work out
Received: July 24, 2017
Please pray for my husband and I as we await news from my doctor. Please pray for peace in whatever the outcome is. Please pray that whatever happens we would use it as an opportunity to grow closer to God and one another.
Received: July 24, 2017
I find out today about a job i have applied for. i am wanting to move back home to reconnect with my family and this job will be the final step to getting there. Please pray that if this is not the job God has planned for me that i have the willingness to listen to Him and trust in Him completely.
Received: July 24, 2017
[We read] In the King James Bible, Ezekiel 22:30: "And I sought for a man among them, that should make up the hedge, and stand in the gap before me for the land, that I should not destroy it: but I found none."
O God, please help us and teach us to build a wall [of prayer] around the USA, Canada and Poland. Are you ready to stand in the gap, where God is the Helper and Teacher?
Please pray that Poland, the USA/Canada would overcome for: (The Acts 26.18).
* Poland, pray for freedom from dead religion to saving faith in God through Jesus Christ as the Saviour and the Lord by grace only,
* the Church in the USA, Canada – Pray for repentance and cleansing of the church--Matt. 3.12 "Whose fan is in his hand, and he will thoroughly purge his floor, and gather his wheat into the garner; but he will burn up the chaff with unquenchable fire."
* my family:
1. Stir up the hearts of my family for ministry—for me, my wife Dorothy, our daughter Ann, and our sons Peter and Daniel - "..but as for me and my house, we will serve the Lord" Joshua 24.15
2. Pray God's will and wisdom for me and my family; I ask God for great wisdom in school for Daniel, and for Edmund’s work situation, for Dorothy and Peter (also God's direction for his life) and Ann (Ann needs a husband),
3. God's order in my work. I ask God for great wisdom at my work. Blessings and the knowledge of Jesus Christ for my bosses. Thank God for the continuation of my work.
Received: July 24, 2017
I need to find an awesome roommate situation near my son and his family. I need money for rent, moving costs and to fix my car. I need Godly friends because I have none
Received: July 24, 2017
please pray that all my enemies negativity will stop even their prayers but let them gossip I love it. pray that all negative prayers and anointings be blessings. pray for me a home and my talentsare protected forever and unbreakable.