Arendt Defrauds Court to Aid & Abet Five Skies Fraud

Fraud on the court occurs when the judicial machinery itself has been tainted, such as when an attorney, who is an officer of the court,
is involved in the perpetration of a fraud and/or makes material misrepresentations to the court.  

          " A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is illegal or fraudulent. 
A lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client in making a good faith effort
to determine the validity, scope, meaning, or application of the law." ABA Rule 1.2(d).

Fraud on the court occurs when the judicial machinery itself has been tainted, such as when an attorney, who is an officer of the court,

is involved in the perpetration of a fraud and/or makes material misrepresentations to the court. 



ABA Rule 1.2(d)
.    

A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences

of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.


#1. Fraud is generally defined in the law as an intentional misrepresentation of material existing fact made by one person to another with knowledge of its falsity and for the purpose of inducing the other person to act, & upon which the other person relies with resulting injury or damage. (a) Fraud may also be made by an omission or purposeful failure to state material facts, which nondisclosure makes other statements misleading. 
 

#2. To constitute fraud, a misrepresentation or omission must also relate to an 'existing fact', not a promise to do something in the future, unless the person who made the promise did so without any present intent to perform it or with a positive intent not to perform it. The false statement or omission must be material, meaning that it was significant to the decision to be made. For injury or damage to be the result of fraud, it must be shown that, except for the fraud, the injury or damage would not have occurred.


#3. To constitute fraud the misrepresentation or omission must be made knowingly and intentionally, not as a result of mistake or accident, or in negligent disregard of its truth or falsity. Also, the plaintiff must prove that the defendant intended for the plaintiff to rely upon the misrepresentation and/or omission; that the plaintiff did in fact rely upon the misrepresentation and/or omission; and that the plaintiff suffered injury or damage as a result of the fraud. Damages may include punitive damages as a punishment or public example due to the malicious nature of the fraud.

     ■   Patrick Arendt chose to aid & abet Five Skies initial fraud & subsequent flagrant disregard of statutory laws, violations of DSPS regulations, and the Uniform Dwelling Code.

     ■   Patrick Arendt chose lies, misrepresentations, and omissions of facts to cover up the actions of his client in his communication to the DATCP and in his filing with the Wood County Circuit Court.

     ■   Patrick Arendt participated with Five Skies in both coercing the calendaring & subsequent cover-up of the bogus appointment of 9/20.

     ■   Patrick Arendt claimed that his 5 day Quit/Pay notice with false information was not retaliation only (two) 2 days after the not-to-code, no-permit stairs that resulted in my injuries were repaired

          and four (4) days after my visit to Saratoga's Building Inspector.  The five day notice for non-payment of rent which had been paid in accordance with §704.4(4)) was pretextual as confirmed by a

          single sentence in Arendt's cover letter accurately describing their true motivation.

     ■    Patrick Arendt  doesn't bother to comply with the rules regarding process: did not post, did not mail, published.

    ■    Patrick Arendt defrauded the Court when he filed a  claim for my eviction with false information ten days after I notified the Wisconsin Department of Health regarding the water.

     ■   Nick Kedrowski, General Agent for Five Skies, fraudulently leased unit 6 to me with intentional misrepresentation of facts, withholding facts, and a positive intent not to make necessary repairs.

     ■   Over five (5) months (May-September), Five Skies chose not to make the necessary repairs to windows, door, and especially the iron filled water.

     ■   Five Skies ignored, chose to violate, and/or decided that Wisconsin's laws, regulations, and building codes did not apply to them:

               ►   ten (10) Wisconsin statutes:  704.03(5), 704.08,  704.44,  704.07, 704.07(2)(a)1-4 704.07(4),  704.14, 704.45, 704.90(4b)(b), 710.15(2m)

               ►   five (5) DSPS regulations:   SPS 326.15,   SPS 326.25,  SPS 381-387,   SPS 321.04(2)(e),  SPS 321.04(2)(a)1   

               ►   the Uniform Dwelling Code and failed to obtain the required building permits for both stairs and plumbing.  They chose not to build the stairs to code resulting in my physical injuries. 

     ■   Fully aware of the quality of the water in unit 6 on or before 3/16, they advertised the unit as "available now" on 3/24 without making any correction.  Instead, they would terminate my one

          year lease 63 days after I moved in because they would not make the repair Nick himself described as necessary. 

     ■   They chose to hire an off-the books plumber who was engaged in felony stalking a woman rather than completing the no permit-cash job at unit 6 over 39 days of no-show appointments. 

      ■   Scheduled for completion mid-May; plumber's last visit 5/31 only to pick up the old water heater left on lawn since 5/08; arrested on 6/05, in jail on 6/13; still texting him 6/17 re finishing the

          job.  Informed by Nick on 7/01 that plumber would not return; job was not completed.

     ■   Five Skies chose to ignore §704.07(4) intending to collect full rent while making none of the repairs to door, windows, or water despite eleven (11) notifications 5/10 - 9/06. 

     ■   When informed of my visit with the Building Inspector re stairs not to code and no permit, they hired Arendt to write a letter that accompanied a 5 day notice to Quit/Pay with false information

          & in which Arendt revealed their true motivation. 

     ■   Ten (10) days after I contacted the Wisconsin Dep't of Health regarding the water &  informed of my payment of September rent in accordance with our previous agreement &  §704.07(4), they

          chose to work with Arendt to  file a claim for my eviction with false information defrauding the Court.

Like anyone looking for a place to rent, I had to rely on the landlord's verbal (3/27) & written information (emails 3/24-4/15) to make the decision to rent this unit.

Having only the inaccurate, misrepresented information & unaware of the information he chose to withhold,  I made the  decision to choose this unit over the other

two units under consideration resulting in both injuries and damages.   


Documentation of Five Skies fraudulent rental of the unit & subsequent violations of laws, regulations, & building codes is provided below and on the other pages of this website.

Arendt's participation & cooperation in their fraud begins at 9/16.  Arendt's misrepresentations of facts, distortions of truth, and lies to the DATCP in an attempt to cover-up Five Skies transgressions are here.



Five Skies filed claim for eviction of previous tenant of #6 with addendum of unknown damages (see 2 pages)__________



Filed list of damages: The only physical damage noted: bedroom door in the amount of  $30.00.________________



I did not learn of this until several months after I had constructively evicted myself.


That's not enough $ for a new replacement door; all doors appeared to be original; missing pin on a door hinge (replaced 7/16),
Conclusion: Five Skies is fully aware of condition of unit.  Their decision to "improve the water pressure" had to be based on an assessment of the existing water pressure at this time.     It was impossible not to know condition of water based on  both toilet bowls & tanks; water drawn from any & all taps.  Re water: further supported by his email of 5/10 (below).  Re screens: further supported by his email of 4/20 (below).
Eight (8) days later: advertised the unit as "available now" on craiglist.com____________________________________
Nowhere in any of the emails between 3/24-4/26 did Nick provide any information that was known by them in re the gross iron problem of the water; or the condition of the nonworking windows; torn, holey, missing screens, or jammed/sticking door.  

3/27







My first & only viewing of unit prior to signing lease______











See Fraud #1 above________________________________
See Fraud #3 above________________________________

Windows were closed (high temperature of 45° on 3/27); not possible to assess screens, windows.  No discussion of either.

Nick said that the water in the well was 'clean & good' but withheld the truth about the reality I discovered on moving in: the water in the unit was not. It was full of iron. I did not see the toilet bowls or draw any water on 3/27 - no reason to because the water was "clean & good," and they were going to "improve the water pressure," right? No, not at all. It was impossible NOT to know that the unit's water had large quantities of iron based just on the condition of the toilet bowls that they had to have noted in their search for damages to include on list of 3/16. If one is going to decide to replace "all" the unit's plumbing pipes, it would have been necessary to draw water from "all" the taps to arrive at their decision to improve water pressure. Drawing water from any one of the taps would have supported the conclusion that the iron IN the unit was NOT "clean & good" as it was not "clean & good" from the day I moved in through the day I constructively evicted myself. Nick claimed the unit’s pipes would be completed by “mid-May.”and wrote the lease as “May”. I was still texting their plumber on 6/17 asking when he would return to finish the off-the-books & no-building permit job. The plumber was arrested on 6/05 for felony stalking a woman and threatening to break her jaw in Stevens Point since 5/09. He did not work on the unit's pipes after 5/08.  He was in court from jail on 6/13. I did not learn of his stalking activities until much later, but I found the plumber's behavior & attitude very troubling.

■  Nick intentionally misrepresented the condition of the unit's water when he knew the problem with water & screens (at least) & chose to withhold the information from me.
■  Improving the water pressure was the pretextual basis for hiring an off-the-books plumber for a no-permit job to replace the unit's water pipes.  (see his 5/10 email)
■  I relied on Nick's claims re the neighborhood, of other aspects of the unit, & "clean & good" water to make the decision to sign the lease on 4/16 over the other options
    I was considering
Emails to/from Nick________________________________

See Fraud #3 above________________________________
My initial email response to his craigslist ad through the last email of 4/26 before I moved in on 4/27.
Nothing provided by Nick re condition of unit's windows, screens, or door.
Nick continued to withhold information about the amount of iron in water from every tap in the house.
Nick emails lease to me_____________________________
Referencing & attaching "lease." 
Nick's lease contains an illegal clause attempting to limit abatement to replacement of water lines §704.07(1)  Nick referred to this as a "discount" & Arendt supports Nick's illegal clause in his reply to the DATCP.   Nick claimed in 7/03 email  that "other repairs are moot" if water quality "can't be corrected." Wisconsin's laws do not allow a landlord to declare some repairs "moot" just because he doesn't want to do one of the necessary repairs.  Arendt is cool with Nick's "moot" in his response to DATCP.  To comply with Wisconsin's law, Five Skies should have determined whether water could be corrected BEFORE advertising the unit as "available now." However, they did lease the unit prior to that determination & are required to abide by the requirements of  §704, relevant building codes, & DSPS regulations.
I returned signed lease to Nick_______________________
Five Skies did not provide me with a copy of lease they had signed:  violation of §704.03(5)   See Preponderance of Evidence here.
Email from Nick re screens__________________________
Screens were not mentioned when I saw the unit on 3/27, but now he writes that "screens are in."  Windows were closed as 45° was the high temperature that day.  Why did he write this on 4/20?  Because he knew due to their assessment of the 3/16 damages submitted to Court what condition they were in, i.e., filthy, torn, holey, and/or missing.  
Arendt twists himself into a pretzel of lies  trying to explain this away to the DATCP.  Arendt's lies make even less sense given that his email of 9/16 addressed my letter of 9/03 in which I wrote  "screening that was placed over the old, torn screens on five of ten windows (5/21)..."
4/27
Move in day______________________________________
It was only after I moved in on 4/27 that I discovered the enormous quantity of iron in the water when I viewed the two toilet bowls for the first time and drew water
from each of the taps.  Over the next couple days, I learned about the condition of the various windows & door.  On 5/08, the plate fell off the bottom of the door.
Emailed pdf to Nick________________________________
Internet connection in unit 6 required several calls and several visits over several frustrating days to achieve a relatively stable internet connection.
The email I was finally able to send to Nick described the poor condition of the unit & provided nine (9) pages of photos of door, windows, screens, water.
This following is excerpted from that email:  I’m also quite concerned re the water as it continues to be orange rather than the usual clear as seen in the picture
of the toilet bowl.  It is particularly disconcerting that the orange water morphs into particles that land on the bottom of the glass. An explanation and
rectification of this situation is necessary.
Nick's email reply__________________________________

Nick claims he's "not aware of many of the problems" - Really? How is that plausible or possible when his claim for the eviction of the previous tenant was supplemented on 3/16 with a list of damages providing his & Joey's email addresses & phone numbers at the bottom of the page? If queried, would his reply have been "Judge, I know nothing about this"?   In July, Joey asks his uncle to check his work when he merely replaces a pin in a door hinge.  Joey copied his dad on every email.  Nick knew. They all knew.

See Fraud #1 above________________________________









See Fraud #3 above________________________________

Nick went on:  The water issues must be related to the pipes in the trailer itself and the new lines should remedy that. The water from our well is tested each year and does not have any problems with color, odor, chemical or minerals."     NOTE:  "must be"  and  "new lines should remedy" - He did not write "WILL REMEDY."
He claimed on 3/27 that the new lines were to improve water pressure.  He said NOTHING about his knowledge that the problem of mass quantities of iron in the unit "must be" due to the 'old' pipes and told me NOTHING about new lines intended to "remedy that" prior to my signing of the one year lease.

Replacing water lines is likely to result in some improvement in water pressure depending on the age of the unit's pipes.  It isn't likely to impact the amount of iron or other contaminents if their source is the pipes from the well to the pumphouse or the pumphouse to the unit.  I wrote on 6/30 that the tub's water pressure improvement was minimal (I was being generous).  Other taps had no to minimal improvement but the pressure wasn't bad on move-in of 4/27.  Conclusion:  Replacement of water lines was pretextual.  Given that Nick wrote the new lines "should remedy that" - he no doubt hoped or wished that would happen for the water IN the unit. He "should"  have given that a try BEFORE advertising the unit as "available now" and renting it without knowing the result of new unit pipes

Nick closed the email with “I will make sure that all these issues are addressed as soon as possible.”    NOTE:  "all of these issues"  "as soon as possible"
Regardless of the sincerity or lack thereof in his statement, Wisconsin §704.07(4)  specifies “promptly to repair or rebuild” & § 704.44(8) (above) & 704.07(2)(a)1-4.
5/11
Nick & Joey showed up at the unit_____________________
without an appointment.  Nick apologized for the condition of the unit and reduced further the rent for the month.  I handed him the plate that fell off the bottom of the door. He handed it back to me and said the door had to be replaced.  The ruined flooring by the door was discussed.  From his email of 5/10:  "I will make sure that these are all addressed as soon as possible."  That was the first "soon" of several more soons that never happened.
Off the books, no permit plumber_____________________
had shown up a couple times from 5/02-5/08.  Task #1 was to replace the hot water heater that had leaked; probably had rusted out.  5/09-5/10: woman in Stevens Point filed police report re threatening text messages from him 5/11-5/18: promises to show up; all no shows.  5/19: no hot water; showed up to fix only that & said he'd tell Nick the water was still orange.  5/20-6/17: promises to show up to finish; all no shows. He showed up 5/31 w/o texting first only to pick up the old water heater that was on my front lawn since 5/08.  He did not work on unit's plumbing after 5/08.  Arrested 6/05 for felony stalking; in court from jail on 6/13 but texting me that he was in bed with a bad back (6/08 & 6/15). Job unfinished with no outdoor water tap connection; tub pressure unimproved. Laundry connections unknown (one of my two requirements in a unit given my physical condition - see initial email of 3/24 reply to ad).  Job to be completed mid-May per Nick on 3/27; still waiting 6/17.  No permit = No inspection.  On 7/01, Nick informs me that plumber will not return to the unit.  Conclusion:  Job will NOT be finished.  Compare to Arendt's fallacious description of his performance here.
Short list of necessary repairs________________________
emailed to Nick.  Nick had written that he would send "the pictures" of my previous email to Delbert on 5/10.  I thought maybe a tiny list might be helpful.
5/21
Nick & Joey tacked screening fabric over the torn, missing, and/or holey screens________________________________

1st appointment of 3 requested; all 3 were scheduled on requested date & requested time:  No interior access necessary or requested on 5/21.  No conversation. 
Photo of screening fabric that was tacked over a missing screen. 
Excerpt from my 9/03 letter re date completed and to which Arendt replied on 9/16.  On 10/21,  Arendt then lied about the screens to the DATCP
Mid-June
2nd appointment scheduled__________________________
at the time & day Five Skies requested.  Joey & Delbert were about 20 minutes late; Joey said he had overslept.  They stuck stick on tiles to replace some of the ruined linoleum in two places: by back door and entry into hall to full bathroom.  No screen door, so the broken door with ½" gap between door & floor resulted in rain pouring in 17' to end of counter ruining the new tiles & adjoining linoleum.  On 7/16, Delbert looked at the ruined repair & said he "thought that would probably happen"  (9/03 letter excerpt).
My 1st trip to Water Quality Store for assessment of amount of iron in unit's water; 

results of tests on 7/07 & 8/01________________________
Drew water for morning shower & appalled by the water that flowed, I filled a mason jar with a good sized sample.  As iron is a metal, a lab test is not necessary (nothing to grow).  OTC tests are available (Menards, HomeDepot, Walmart, Amazon, etc) but I wanted an independent 3rd party to perform the test.  The result of the 6/20 test was 20.00ppm; EPA GRAS 0.3ppm; 6,667% over GRAS - their report here.  The unit's water varied from day to day and tap to tap while Five Skies did nothing to assess or mitigate the situation because "The water issues must be related to the pipes in the trailer itself and the new pipes should remedy that" according to Nick on 5/10.   As nothing was done to correct the problem, I returned to the same store on 7/07 (8.0ppm; 2,667% over EPA GRAS).  Again, on 8/01 - before shower 6.0ppm (2,000% over GRAS). I ran water until clear, showered, and took a sample of the apparently clear water. The post-shower sample tested at 2.0ppm (667% over GRAS).  This is what the drain catcher looked like after two quick showers in "clear" water that tests at 2.0ppm. My hair is dark blonde, not Bozo orange.  Skin has pores; how much iron did my body absorb?
Having heard nothing from Five Skies for a couple weeks and nothing from the plumber since 6/17, I wrote again to Nick_____________________________________________






See Fraud #2 above.________________________________
"I am pretty far beyond merely “disappointed” at this point. Please see pages 3-5 re orange water, not finished pipes. I waited day after day for Kurt to show up – to no avail."   39 days of waiting on the no show, cash-job, no permit plumber.  My email continued with the repairs that had not been done: "There seems to be very little interest in completing the tasks that were to be completed before I relocated and since you were notified of the various problems 5/10. It is now seven weeks since 5/10." "The orange water necessitated the purchase of gallon after gallon after gallon of potable water for the cats & myself..."  At the time, I did not know that the plumber was busy criming in Stevens Point.  Because he was so unreliable, odd, and just 'off' in a not good way, I didn't trust him to be near/in the unit when I wasn't there.  His 2nd arrest for burglary/misappropriation of ID for purpose of obtaining money supports my intuition about him as does the fact that he threatened to break the woman's jaw on 5/09.  His carelessness resulted in the disappearance of my 100% indoor 16 year old cat for over 2 days the 1st time; and a half day the second time when he wouldn't give me time to lock them both down.  He kept promising he'd be there, only to not show up.  As a result of scheduling day after day to wait for him, my temporary Insurance agent license to work in Wisconsin expired 6/18 so now I couldn't work in Minnesota OR Wisconsin abandoning 400+ clients and their families.  Job lost; only social security for income now.  I moved to Wisconsin to expand, not shut down, my insurance/annuity brokerage.  Had I known what was going to happen as a result of Nick's deception 3/27-4/16, I would have chosen a different city in which to relocate.  The damages & injuries incurred as a result of my decision based on the information provided & not provided by Nick would not have occurred. I informed him the unit was 90º & windows could not be opened.  Nick wrote on 5/10  "I will make sure that these are all addressed as soon as possible."  What repairs had they accomplished?
           Excerpts from my 6/30 email - 52 days (1 month + 3 weeks) since 5/10 when they were notified of repairs: "Summary of tasks actually completed: screens;
           half of torn linoleum. That’s it. I remain fairly certain that potable water, functional doors and windows are reasonable expectations."
Nick's response


See Fraud #2 above________________________________
See Fraud #3 above________________________________
"If the water remains unimproved, it may be necessary to replace lines below ground. We will determine how best to approach that situation if the need arises but if that is the case, we may have to terminate your lease because we would not continue to rent the unit until that issue is remedied and it may take a considerable amount of time to remedy."
Nick provides his understanding of & remedy for the problem:  They do not intend to correct the water that they hoped "should" be corrected by the replacement of the unit's pipes.  Instead, just 'get out tenant' - that one year lease you signed - nope, they're not honoring that anymore than they comply with the laws, regulations, or building codes of Wisconsin.  They will terminate my lease 63 days after I moved in "would not continue to rent until that issue is remedied... Their intention NOT to correct the water is reconfirmed on 9/20.

His email also informed me that:
     ■ as far as he was concerned, water pressure is the same as water color.  On what planet does pressure = color?  See any dictionary to confirm color ≠ pressure.
     ■ 'the continued problems indeed need to be addressed soon."
      claimed I wasn't there when they just happen to be there for some other reason. I refuted here with 3 times over the last 2 weeks they were there & so was i.
     ■ My email of 6/30 indicated that the replacement of pipes had not been completed; Nick wrote that Kurt would not return to the property.
     ■ He claimed he said the stairs would be replaced "spring or summer" - they were replaced 43 days after 7/01 on September 11. 
     ■ Tub & door should have been looked at  but...communication errors...."soon." They never looked at door.  Nick said had to be replaced on 5/11; never looked
         at tub because they would have had to run the water.
     ■ Claims this is the "first" he's heard  that the windows don't open.  In my 5/10 email, he received 9 pages of photos of screens & windows w/descriptions as well
         as a 
list in my 5/20 email.
My follow-up email to Nick___________________________
Joey called x2, left no voicemails; 1st text from Joey 6/30 (2 months after I moved in); emails only forward; Kurt continues not to show up; re-sent pdf of 5/20 email
Nick's reply_______________________________________
He will share the information.
Nick's email_______________________________________



Nick writes:   "Our primary concern is the water quality at your unit and that will take priority for us, if that can't be corrected the other issues are moot.
                        While I am here I will be coordinating with Delbert and establish a schedule to address everything."
                        Breaking that down:
                             ■ Water quality is priority - very, very late, but good.  Wait, what?  IF that CAN'T be corrected??? ...the other issues are moot???
                                Considering other repairs "moot" because you don't want to do a particular repair violates §704.07(4)  and §704.07(2)(a)4
                            ■ Bring on the inspection, evaluation, assessment, right? Yeah, no. None of that was requested, none of it happened because
                                they knew the problem to be the underground lines (excerpt my letter of 9/03).  Was that the only possibility? 
                                I don't know, but I know that it's how Nick defined the problem on 7/01.
                            ■ If a schedule was prepared, this was the first I'd heard of it and it was never conveyed to me by word, email, text, phone,
                               or carrier pigeon.  

                           NONE of the repairs detailed in my 5/10 email were completed or had been half-done (stick on floor tiles) so, of course, he now
                           demands full rent for August in violation of 704.07(4).  The clause to which Nick refers is void per WI 704.44(8).

He continues:     "The rent will not unfortunately be discounted any longer beginning in August.  If this is unsatisfactory, we are willing to terminate your lease...."
                             ■ They are "wiling to terminate (my lease)" They seem to think they are doing me some sort of favor after I signed a one year lease
                                 & incurring the moving expense of 200 miles in good faith that the unit (water, plumbing, door, windows) made for a "fit &
                                 habitable unit." In their leasing of the unit, they are obligated to abide by the laws required of a landlord in Chapter 704, i.e., to provide
                                 prompt repair of the problems. 
                             ■ Do I have "full normal use" of the unit §704.07(4) ? No. I can't even draw a glass of water, open & close windows, use the
                                door without risking further wrist & shoulder injuries.
                             ■  Nick didn't even keep his own promise or the terms of his own lease - pipes would replaced mid-May (3/27) or lease (May); no
                                 outdoor tap, no laundry connections.  Were "all" the pipes replaced in the few hours that cash-job plumber showed up from
                                  5/02-5/08?  No permit = No inspection.
                             ■ Nick promised "soon" "on schedule" "shortly" "as soon as possible" - but what did they DO? Nothing.
                             ■ Has Five Skies delivered or maintained the unit in a fit or habitable condition?   §704.44(8)    No.
                             ■ Have the structural repairs been completed "promptly" and "to code"?    §704.07(4)                 No.
                             ■ Does tenant have "full normal use of the premises"?      §704.07(4)                                               No.
                             ■ §704.07(4) doesn't agree with both Nick and Arendt.                                          Rent can be abated.   
Joey requested an appointment  for 7/16 at 10:00am.
He also offered to change the due date of rent from 1st to 15th to sync with social security check.
I was pretty well undone by Nick's email of 7/01 informing me that they would terminate my lease 63 days after I moved in because they were not going to correct the water and paid little attention to Joey's email.  I was busy looking for another place to live after moving in 63 days earlier with a one year lease.
I returned to the Water Quality Store for a 2nd test_______

Iron 8.0ppm; EPA GRAS is 0.3ppm.          2,667% OVER GRAS.

Joey texted me re 7/16 appointment___________________
Joey didn't quickly grasp that communication would be only by email after 6/30.
I had to start looking for another place to live after moving just 63 days earlier. I had an appointment to look at another unit on afternoon of 7/16 so I could constructively evict myself & let him know that I had limited time - he said they could "work with that."  Given what Nick had written on 7/01 & 7/03, I assumed that the water was their priority & would be the subject of appointment. The inablity to open windows was also my concern given the 90º reported 16 days earlier. 
7/16
Joey texted me re 7/16 appointment___________________
Sixteen (16) days after I'd informed them that the interior temp was 90° (no a/c):  Joey & Delbert showed up without tools, without a list of what needed to be done, & stood in the kitchen looking around like they'd never seen the place. I directed them to the full bathroom where I had displayed water from the previous few days shown on the home page of this site & here. They stood there, looked at the water, said not one word, turned, & walked away. 
                        
I loaned Delbert a screwdriver to see if he could get a living room window to open.  Joey fetched a drill that enabled Delbert to open the window. Then it couldn't be closed. Joey put a pin in the door hinge so it wouldn't fall off again & asked his Uncle Delbert check his work.  Delbert chuckled at the way I had to open the back door with a shoulder slam. He looked at tile “repair” that had come undone to the stick-on floor tiles due to gap under door (rain, no screen door) & said he “thought that would probably happen.” Then they were gone and I was off to an appointment to look at another place to live. How I would pay for it and another move two months after moving 63 days earlier remained a serious problem.

So, what did Nick do about the water problem after Joey & Delbert reported back to him? 
Request to evaluate the cause of the problem?   No.  

That was never done because Nick had already defined the problem as the underground pipes (7/01) & they were not going to do that but would kick me out instead. I wrote in my letter of 9/03 that they had neither requested nor done an assessment of the water problem. If they acted responsibly and in accord with Wisconsin laws, the UDC, and the DSPS, they would have had the pipes in the unit replaced to determine whether that did, in fact, correct the quantity of iron flowing from every tap in the house, and then and only then, determined whether to rent the unit.  
7/17 - 9/10
56 DAYS LATER______________________________
I did not hear from anyone with Five Skies by any method but for inconsequential one minute unscheduled chat with Joey on 8/22 or 8/23:
He said “hopefully” the stairs would be replaced Labor Day weekend & that he had “looked at” a couple of doors to replace the broken back door.
They had received my letter of 9/03 on 9/06.  Joey didn't mention that.
21 days after the 7/16 appointment____________________
I had found a recommendation on the Tenant Resource Center's (Madison, WI) website to submit a written request for the date that repairs would be completed.
Wrote it & dropped it in the same #15 mail slot that all rent checks were deposited in along with my acceptance of their offer to pay rent in sync with my social security check.  No response was received. Ever.
I continued my search to accomplish my constructive eviction & where I would have "full normal use" of the premises, e.g., drink a glass of water.
3rd trip to the Water Quality Store____________________
Before shower - visible iron at 6.00ppm (not 0.3ppm); run until clear & at end of shower the clear water is 2.00ppm (not 0.3ppm).
After 2 quick showers in clear looking water  (they were all quick), the drain catcher has caught orange hair - my hair is dark blonde.
Check & Receipt for August rent:  0 Balance, 0 Late Fee
Signed by Joey Kedrowski
Demonstrating their positive intention to collect full rent while doing nothing about the necessary repairs, Five Skies cashed my check for FULL August rent.
I paid rent as agreed per Joey's email re in sync with my social security check. I paid FULL rent despite the fact that NO repairs described in 5/10 email had been accomplished:  not the door, not the windows, no laundry hookup, no outdoor water connection, and not the horrendous water.
Sewage pipe broke behind neighbor's unit______________

SEWAGE SAGA SUMMARY  (Documented with time/date stamped photos (on this site here):
8/22:   a pipe at the back end of neighbor's unit to septic tank broke
            Sewage began spewing from the pipe on my lawn between my office & full bathroom windows (not the neighbor's lawn as Arendt wrote to DATCP)
8/24:    pipe re-connected by off the books plumber, Kurt
8/30:    Kurt returned, fiddled with the pipe & left. Sewage continued to spew.
9/03:    Sent letter (excerpt) to Five Skies including statement that sewage had been on my lawn (between office & bathroom windows) since 8/22;
             not the neighbor's lawn as Arendt claimed in his wholly dishonest response to my DATCP complaint.  
9/06:    My letter to Five Skies LLC was received via USPS priority mail.
9/08:    Sewage was on still on my lawn, i.e., 18 days.: Kurt hosed sewage into the lawn & connected the outdoor water tap.
             Bleach should have been applied per DSPS code, but was not done.
10/04   I wrote to the Wood County Department of Health to ask who was in charge of water quality.
10/07   Kurt reappeared to repair the pipe cap to code 47 DAYS from broken pipe 8/22
 
This work was done by the same off the books plumber, Kurt Wilkinson, who replaced some or maybe all of the pipes in my unit without a permit. 
Is it to code? Can't know as no permit = no inspection.  Were ALL the pipes replaced?  Can't know as no permit = no inspection.
Neither he nor Five Skies made any attempt to assess the iron problem or correct the iron content of the water that flowed from every tap every day since I moved in on 4/27.  Nick had defined the problem and the solution on 7/01.  
I sent letter to Five Skies via USPS Priority Mail
Letter was delivered
Informed them that sewage had been on my lawn since 8/22; cash-job plumber showed up 9/08.
Advised them I would contact appropriate gov't agencies; pursue legal action if repairs not made within one week. 3 months & 25 days since notification of 5/10.
Quick Recap 
7/16 to 9/10

7/17-9/10:

56 days (1 month + 25 days) without hearing one word from Five Skies after they had received FULL AUGUST RENT.


Four (4) months since 5/10:

the initial notification of necessary repairs: 1/3 of my one year lease.

Last appointment on 7/16: saw water displayed, said nothing & did nothing; drilled one window open; then it couldn't be closed. Joey put a pin
          indoor hinge & asked Uncle Delbert to check his work.
Heard nothing from Five Skies to 8/05 - twnety (20) days.
8/05 submitted written request for date repairs would be completed.
Full rent paid 8/15 with NO repairs done: 0 Balance; 0 Late Fees.
Heard nothing from Five Skies to 9/03.
My letter of 9/03 was received by Five Skies on 9/06.
No response from Five Skies to my letter of 9/03 through 9/10.
No response to written request of 8/05 for date repairs would be completed was ever received.
9/11
Delbert, Joey, & a few of his buddies installed the not-to-code, no-permit back stairs that were to be installed "Spring or Summer" replacing the not to code metal stairs 
I couldn't avoid the he said/she said brief encounter of an approximately 2 minute encounter with Joey followed:
Joey said they were "having money problems;" trying to find a replacement door;  he declined the mug of water I offered him.
This is the 1st appointment request I declined:
         Less than 24 hr notice that Nick had guaranteed.
         After the deadline from 9/03 letter.
Joey sent an email AFTER the deadline specified in my 9/03 letter to complete the repairs detailed in my email of 5/10.
He wants "to attach a filter to see if that helps with the water"      A single filter in the unit to affect every tap? "to see if that helps" - to see? helps? 
His voicemail clarifies to "hopefully hopefully."   After 4 months & 3 days they want to experiment with "a filter" to see if it "helps."  
Where would you attach a single filter in your house to affect every water tap "in" your house? They think that replacing the replaced flooring destroyed
by the broken door while the door is still broken is a good idea??? 
I paid rent as previously agreed with Five Skies on the 15th & with letter to Nick re rent abatement in accordance with 704.07(4)
I later noticed I neglected to include the (4), but was confident the agents of an LLC operating a business as landlords would be cognizant of the relevant laws in Chapter 704. I was wrong about that OR they knew the laws & chose not to comply. Nevertheless, they should have been aware of the relevant laws just as I need to be aware of laws relevant to driving my car. If they weren't aware, Arendt should have made them aware when they contacted him. See ABA Rule 1.2(d) above.
After all, Arendt is an expert in "Residential Real Estate" per his now defunct website.
Arendt chose, instead, to support them in their violation of 704.07(4).  
This is the 2nd appointment request I declined.
Apparently, 9/12 app't would have been a waste of time because now Joey is "going back and forth with Pellner (sic) plumbing to get something to work it (sic), which will take some time" and "...to attach a filter as a temporary solution for the water." Again: a "temporary" solution and one filter.  4½ months after I moved in.

They knew this was a problem before I moved in and chose to withhold the information from me. 
They expect full rent while doing nothing about the repairs & now are experimenting with ridiculous temporary solutions that "hopefully hopefully" will "help" for the water.   How often would ONE temporary filter have to be changed before it clogs with this water
His voicemail of 9/12 jibberjabbers about "carpet" and I have no idea why.  No mention of repairing windows. Winter is coming.  
               
Lugging a 30lb pail of cat litter, I was injured when I tripped & fell on the short top riser of the replaced back stairs. The stairs were different than other stairs I've climbed and I began to research relevant building codes and discovered that SPS 321.04(2)(e)1 stair risers are not to exceed a disparity of 3/8."  Their replacement stairs provided a disparity of 2½"      On 9/24, I learned from Saratoga Building Inspector that the stairs did not have a building permit and were not built to code.  

 Arendt's misrepresentations of facts, distortions of truth, and lies to the DATCP in an attempt to cover-up Five Skies transgressions begins:

Five Skies sure didn't like my adherence to Wisconsin laws but they're all good as long as I pay full rent and they can continue to do nothing to perform the necessary repairs as they did  for 56 days:  7/17-9/10.
In particular, the Kedrowskis did NOT like the fact that I abated September's rent adjusting August's full rent in accordance with Nick's previous "discount" and Wisc §704.07(4) while deprived of "full normal use" and "prompt" attention to necessary repairs. 

Joey did promptly contact Patrick Arendt after he picked up my check & letter of 9/15; he forwarded Arendt's email of 9/16 to me on 9/18. Arendt chose to ignore the fact that it was coming up on five months that the original issues of water, door, and windows still were not repaired/remedied & they had done NOTHING since 7/16.

Rather than acknowledging their failures to comply with building codes, DSPS regulations, and Chapter 704, they contacted an attorney. The kicker, of course, was that they secured the services of Patrick Arendt, an attorney who was willing & able to help them (aka aid & abet) in their unlawful practices & fraudulent endeavor undeterred by ABA Rule 1.2(d):
          " A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal
           consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope,
           meaning or application of the law." 
Arendt responded to my letter of 9/03 to begin the charade of an appointment to "correct the water". He claims expertise in residential real estate but appears to be woefully uninformed re 704.04(4). He's a tough guy though and told Five Skies they could:
                                     ► Evict me
                                     ► Turn off the water supply
                                     ► Immediately enter the premises to abate the claimed safety issue with or without her consent & without 24 hour notice
Intimidated & feeling threatened, I consented to this appointment.  How'd it go? 
9/20
10:00 am sham appointment's bottom line:

No show, no cancel, no reschedule.     
See site: 9/20 Bogus Appointment for details and documentation of everything.
                                  
No one showed up at 10:00a; no one texted, called, or emailed re being late.
                                  10:30:  I texted Joey that I was sending him an email to share with Delbert & Kurt.
                                  10:30 emailed Joey that they were deemed a no-show.
                                  He replied @ 10:34a "We are here right now talking with our attorney regarding the letter you left use (sic), we will be over when we are
                                  done talking with him."  Old lady is told by 20 yr old boy that she should shut up and just sit & wait for the men to be done talking.
                                  Turns out Joey lied when he said "we are here right now" because they weren't all there. The one person authorized to DO anything,
                                   the cash-job plumber, was not there.  Joey's email rec'd 10/04 at 4:20 pm confirms his lie. I was in a heated exchange with Wood County
                                   Health Department at the time when the pop-up notification arrived.  Gmail time stamped his email as 11:40am on 9/20. Should the old
                                   lady have waited an hour & 40 minutes only to be told  "never mind, I lied: the plumber is actually in Madison"?
                                  Joey's email said they would reschedule. Just another lie:  he didn't, Nick didn't, Delbert didn't, cash-job didn't.
                                  After the coerced and bogus appointment of 9/20, Five Skies did not request another appointment to deal with any repair of anything.
                                  Other than the peculiar email from Joey that arrived 10/04 @ 4:20pm, I never heard from anyone at Five Skies again.
                                   
                                  Arendt was fully informed on the contents of my letter, i.,e, rent abated in accordance with §704(7)4
                                  Arendt, real estate law expert that he claims to be, SHOULD be fully aware of §


9/24
Visited with Saratoga Building Inspector  re stairs

after injuries sustained on replaced stairs had healed some and taking the letter with photos that I'd written on 9/21.

Summary: Stairs were ot to code per her telephone call w/Nick & no permit confirmed via email. 
9/26
Kedrowskis brought the stairs to code.
I finished & emailed letter & documentation to Governor Walker.  Issues not included on this website are described in this letter.  
No communication via any method from anyone with Five Skies from 9/20 - 9/27
Pretextual Vacate/Pay notice with false amounts and 
false dates taped to the broken door

2 days after Five Skies repaired stairs

4 days after my visit to Building Inspector re not to code stairs

8 days after their no-show sham appointment re water
Arendt penned an accompanying letter to the notice providing a sentence which has nothing to do with rent & everything to do with their true motivation: 
"It appears that you are unhappy with the manner in which my client manages its trailer park."

What does Arendt's extraneous sentence have to to with rent in light of the fact that rent was paid in accordance with §704.07(4)?  Nothing, nothing at all.
Except for this
                         704.45  Retaliatory conduct in residential tenancies prohibited.
                                          (1)  Except as provided in sub. (2), a landlord in a residential tenancy may not increase rent, decrease services, bring an action for
                                                  possession of the premises, refuse to renew a lease or threaten any of the foregoing, if there is a preponderance of evidence
                                                  that the action or inaction would not occur but for the landlord's retaliation against the tenant for doing any of the following:  
                                                  (a) Making a good faith complaint about a defect in the premises to an elected public official or a local housing code
                                                         enforcement agency.
                                                   (b) Complaining to the landlord about a violation of s. 704.07 or a local housing code applicable to the premises.
                                    
Slipshod Arendt references §704.17(1) in the notice which is for "Month-to-month and week-to-week tenancies"
He should have referenced §704.17(2) ..." Tenancies under a lease for one year or less, and year-to-year tenancies" 
You'd think the self-proclaimed expert could at least bother to reference the correct statute. Is sloppy & inaccurate okay with the Wisconsin Bar?
                                    
Arendt's second page of the document does not calculate late fees correctly. He & Joey pad their false claim with an extra $70 disregarding Joey's own email changing the due date to the 15th effective the previous month. 
                      
Wouldn't an ethical attorney familiar with relevant laws counsel his client on their responsibility to adhere to the legal requirements of Chapter 704?
Oh wait.....ethical & knowledgeable...maybe that explains it.

It's one thing to represent a client; it's another to help them avoid consequences of their disregard for laws, codes, & common decency by lying for them.
Whatever it takes, right? Lie to DATCP, lie to the court, fudge the court documents and (bonus!) put a few extra dollars in his scofflaw client's pocket.
9/29

9/29 - 10/03

I received a notice of certified mail from Arendt's office. There is no requirement for a certified notice for a Vacate/Pay notice. 
I didn't need two copies of the same document or a stupid waste of time traveling to the post office.

I sought help from the Aging Disability Resource Center with pictures & documents. She suggested Tenant Resource/Madison (already had done)
and Dept of Health – Wood County. 
Emailed Bruce Meiners Plumbing/State of WI. He forwarded to Michael Lamberty.
Lamberty advised that plumbing permit depends on town, city, county, municipality.
Followed up by email with Lorelei Fuehrer - Saratoga Building Inspector. No Response. All emails to/from here.
Email to Roy Irving – WI Dept of Health re water quality His reply: run til water is “clear." My email response was picture of drain catcher after 2 quick showers in “clear” water; no response from Mr Irving. After 3 "clear" buckets full, this is the fourth.
10/03 Email to Representative Krug. No response.

 UNDER CONSTRUCTION


 


10/05 - 10/13


I sent email to Wood County Health Department




No contact from anyone with Five Skies.

Arendt filed fraudulent claim for my eviction
asking for the name of the contact person for water quality.
Received pop-up notification of Joey's email at 4/20pm; dated later by gmail as 9/20 11:40am.
Whether composed & sent on 9/20 or 10/04, the email confirms that Joey lied at 10:34am on 9/20 when he wrote "we are here right now." 
The only person authorized to do anything is the plumber and he was NOT there as confirmed by both Joey & Arendt.

8 days 

that misrepresented both the date rent was due, late fees due, and legal abatement necessitated by Five Skies acknowledgement of & failure to complete all necessary repairs. See failure to complete pages on this site under tab:  Five Skies/Issues.

As an officer of the court, Arendt filed eviction summons & complaint with false information that aided & abetted the scofflaw slumlord whom he knew chose not to perform repairs as required under Wisconsin Chapter 704. This is supported by Arendt's statement on the 9/28 5 day notice: It appears that you are unhappy wilh lhe manner in which my client manages its trailer park.  He made material misrepresentations rather than use the documented facts. Arendt filed the false claim for my eviction he concocted with Joey Kedrowski who signed his name to what he knew was dishonest -because he, his very own self, had changed the due date to the 15th, I accepted that change on 8/05, & he signed the receipt for payment on 8/15 documenting a zero balance & no late fee. Like father, like son? 

Arendt & Joey falsely claimed that the October's rent was late (it wasn't) and wanted late fees for both months from the 1st instead of the 15th. Rent had been paid on time in September in accordance with §704.07(4) and wasn't due until 10/15. Security deposits & all rent monies were retained by Five Skies. 



I'm new to Wisconsin. 
Is this how things are supposed to be done by a member of the Wisconsin Bar and Officer of the Court?

Are facts, truth, and law relevant to the practice of law in Wisconsin?   I've seen nothing  to support that notion.
Can landlords and attorneys just do & say whatever they want to get what they want? Based on my experience, yes.
Egregious fraudulent actions of scofflaw landlord aided & abetted by attorney at law --- fraud, statute & code violations are okay in Wood County, Wisconsin? Definitely.



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