Copy of False Court Filing to Support Client's Fraud, Disregard of Process
New Paragraph
cipation:
Five Skies disregard of laws, building codes, necessary permits, DSPS regulations and their documented failure to perform necessary repairs as described in my email of 5/10 and is summed up in myin an excerpt from
letter to Nick on 9/03:
"The current condition of mobile home unit 6 that I rented from you 4/27/16 has to present date not received the necessary and promised repairs. Four months – a full third – of the lease has elapsed. 
The progress on the repairs to be made prior to moving in 4/27 and since is close to nil but for:
► screening that was placed over the old, torn screens on five of ten windows (5/21) keeps insects out and cats safe while decreasing air ventilation.
► pin replaced on the bedroom door hinge so it wouldn’t fall off again."
What is fraud?

#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.  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.

Background/Chronology
                  March-April
3/24 -4/26     Nick advertised the unit as "available now" on 3/24.
                        On my initial viewing of the unit on 3/27, Nick Kedrowski told me that the well water was “clean & good.” 
                        On that same day, he also claimed that the unit’s pipes were being replaced to improve the water pressure and the job would be completed by “mid-May” though he wrote the lease to say just May.
                        Nick omitted from our conversation on 3/27 that while the well water was 'clean & good' - the water in the unit was not because it was full of iron - way way over the EPA GRAS of 0.3ppm.
                        Nowhere in any of the emails exchanged between 3/24-4/26 did Nick provide any information re the gross problem with iron in the water.  See #1 in heading.

4/16               Nick omitted the iron-water issue from our conversation on 3/27 & subsequent emails through 4/15 as part of the reason the pipes were being replaced. The new pipes weren’t about only the
                       water pressure as Nick later confirmed (below 5/10) after he received my email of 5/10 describing the water. The iron may well have been the sole reason given the minimal to no improvement in water
                       pressure. I signed the lease on 4/16  without the information necessary to make an informed decision.  Had I known of the iron problem I would have made a different decision & moved instead to one
                       of  the other locations I was considering.    See #3 in heading.

4/27                It was only after I moved in on 4/27 that I discovered the enormous amount of iron in the water when I viewed the two toilet bowls for the first time and drew water from each of the taps.  Other issues,
                        door & windows, especially were noted on move-in.

5/02 - 5/08     Cash job/No permit plumber, Kurt, showed up a couple times to begin replacing the unit's water pipes
5/09 & 5/10     Woman in Stevens Point reported receiving multiple threatening texts & voicemails from the cash-job plumber.
5/10                  After several visits over the next 10 days, Spectrum finally achieved a mostly stable internet connection and I was finally able to write to Nick on 5/10 (excerpt follows):  
                          "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." 
                           and   "I do think functioning doors, windows & screens, clear water, etc., are rather reasonable expectations." 

                          Nick replied that he was unaware of the unit's condition on 5/10.  Perhaps he thinks that makes him immune to the legal requirements of WI §704.  It doesn't.
                          Nick evinced no surprise at all that the amount of iron in the unit's water was a problem:  “The water issues must be related to the pipes in the trailer itself and the
                          new lines should remedy that.”            Note: "must be" & "should remedy that"
                       
5/11                  Nick & Joey showed up with no appointment at the unit.  Nick apologized, reduced the rent for May, held the plate that had fallen off the door & said "the door has to be replaced." He said
                          that the kitchen flooring needed repair.          

5/11- 5/18       Plumber no shows all week. Texted him that I had no hot water on 5/18  - texts  5/11 - 6/17

5/19                 Plumber showed up to fix the hot water problem; said he would tell Nick the water was still orange.

5/20                  I sent a list of repairs  thinking maybe the 20 page pdf of 5/10 was too much, somehow, for them to cope with.

5/21                  Nick & Joey tacked screen fabric over the torn, missing, and/or holey screens - 5 of 10 windows. No interior access required; no conversation.

5/31                 Last time the plumber showed up at my unit; this time to remove old water heater.  He said he forgot to hook up outdoor water tap & that he'd tell Nick water was still orange.

6/02                 Texted plumber to ask when he was coming back for outdoor tap & whatever else remained to be done. 

6/05                 Plumber was arrested for felony stalking a woman in Stevens Point.   6/05, he texted me, "Promise to get it hooked up tomorrow I've been out last couple days with my back." 
                         On 6/06, he texted: "Will be here bed ridden for one more day because they will only give me shot, not painkillers."
                         He was In court from jail on 6/13.  

Mid-June         Joey & Delbert showed up 20 minutes late to place stick on tiles over the torn linoleum.  Joey said he overslept.

6/17                  I texted a picture of the morning's water to plumber.  I had no idea what was going on with him at the time so I waited a bit to see if he'd show up or text or ??  I had found his attitude & demeanor
                          disconcerting & had been afraid he'd show  up when I wasn't there.  He had left the panel of the back of the bathtub plumbing allowing my 16 yr old 100% indoor cat to escape for three days. Again,
                          when he showed up & wouldn't  give me a moment to lock down the cats, he panicked & escaped again for another day.  My temporary insurance license to work in Wisconsin expired the next day.
                          Now, I can't work in Minnesota or Wisconsin as a result of waiting for the skeevy no-show/cash job plumber since May 2 (47 days).  He was arrested for burglary & misappropriation of ID later,
                          and domestic abuse still later.   

6/20                  I went to the Water Quality store to obtain an evaluation of the amount of iron in the water.  Result 20.0ppm; EPA GRAS 0.3ppm; 6667% over GRAS & here.  I could have gone
                          to Home Depot for an OTC test, but wanted an independent third party to do the test.  

6/30                   I wrote again to Nick, "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."
                          The 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."  Trying to open the door results in swollen wrist, have to slam shoulder in to it; the temperature in the unit was 90° &
                           windows do not open (no a/c in unit); toilet bowls; stairs not replaced.      NOTE:   "unfinished pipes"  

7/01                   Nick's reply:  water pressure is same as water color (really, Nick?); communication errors; "first that I heard windows do not open" (9 pages of photos in 5/10 email; list in 5/20 email).  Again, he says
                           they will address problems "soon";  stairs were to be replaced spring or summer (replaced w/not to code/no permit stairs on 9/11).   
                           He then provided his definition of the problem & their solution:
                           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...."   NOTE:  "IF" the water remains unimproved..."  How would that happen without intervention?
                           "replace lines below ground" = Definition of problem     Definition of their solution:  "we may have to terminate your lease"  "would not continue to rent the unit until the issue is remedied..."

                           They have defined the problem & solution: kick out the old lady who had signed a one-year lease 63 days earlier & moved herself & two cats two hundred miles to expand her insurance brokerage. 
                           Any requests ever to evaluate the problem? No.  
                           They chose not to share the information about underground lines with me & the iron problem at anytime from the initial email of 3/24 to the 4/12 email which provided the one year lease.  
                           Had I known the problem AND the fact that they had no intention whatsoever of correcting the problem(s), I would have made a different decision. 
                           Advertising the unit as "available now" on 3/24 with no intention to correct the problem(s) known to them and renting it without supplying that information to gain a rent-paying tenant is fraud.
                           Their demand for full rent without making ANY of the necessary repairs makes this an egregious fraud.  
                 
                           I wrote again to refute his accusation that I hadn't answered phone calls or texts and wrote that my communication would be by email.

7/03                    Nick's email states "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."  Ok - water quality is priority.  Good.  Wait, what??  IF that CAN'T be corrected???  ...the other issues are moot???
                            Note: Considering other repairs "moot" because you don't want to do a particular repair is in violation of §704.07.  Nevertheless, I conclude that their next step is to address the water quality.
                            Bring on the inspection, evaluation, assessment, right?   Yeah, none of that was requested, none of it happened.
                            NONE of the repairs detailed in my 5/10 email have been completed or half-done so, of course, he demands full rent for August. Do I have "full normal use" of the unit? No.  Have the structural repairs
                            been completed "promptly" and "to code"?  No.  Nick promised "soon" "on schedule" "shortly" "as soon as possible" - but what did they DO?  Nothing.   §704.07(4) doesn't agree with Nick and rent can be abated.  

7/07                    I went again to the Water Quality store to obtain an evaluation of the amount of iron in the water. Result 8.0ppm; EPA GRAS 0.3ppm; 2667% over GRAS & here. I could have gone
                            to Home Depot for an OTC test, but wanted an independent third party to do the test. 

7/16                    Thirteen days later, Joey & Delbert showed up without tools, without a list or pdf of what needed to be done, & stood in the kitchen looking around like they'd never seen the place. 
                            I assumed they were there to figure out why the water was still pouring iron out of every single tap.  But, no.  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'm flabbergasted, but think - 20 year old boy & a 
                            vehicle mechanic.  They'll talk to Nick and get back to me on this priority issue.  In the meantime, I loaned Delbert a screwdriver to see if he could get one of the living room windows 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 & had 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 having researched "constructive eviction.'
                            
                              So, what did Nick do about the water problem after Joey & Delbert reported back to him? Did he ask for an appointment to assess or evaluate the cause of the problem? No. That was never done
                              because he had already defined the problem as the underground pipes (7/01) & they were not going to do that.  If they had done this responsibly and in accord with Wisconsin laws, he would have
                              had the new pipes replaced to determine whether that corrected the quantity of iron flowing from every tap in the house, and then and only then, determined whether to rent the unit.  

8/05                      I heard nothing about anything from anyone at Five Skies since 7/16 - 21 days.  I 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.  I dropped it in the same 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.  They chose not to respond to the request for a completion date (excerpt my 9/03 letter) and they demanded full rent for August: water not corrected; door not replaced; windows off track,
                               some wouldn't open, some wouldn't close and no a/c in unit.  I continued my search to accomplish my constructive eviction.

8/08                      Went back to Water Quality store for iron quantity tests- begin shower at 6.00ppm (not 0.3ppm); end of shower at 2.00ppm (not 0.3ppm). Results here.  My search for another place to live continued.

8/15                     I paid rent as agreed per Joey's email re in sync with my social security check.  I paid FULL rent despite fact that NO repairs described in 5/10 email had been accomplished: not the door, not the
                              windows, and not the horrendous water.  I had heard not ONE word from them about doing any of the repairs since 7/16:  31 days.  Receipt: no late fees, zero balance due.
  
8/22                      Septic pipe broke/disconnected at back end of neighbor's unit.  Sewage began spewing from the pipe on my lawn.  Brief encouner with Joey: stairs to be replaced "hopefully Labor Day weekend,"
                              and he is looking at back doors (again).

8/24                      Cash-job plumber supposedly reconnected the two pipes. 

8/30                      Kurt returned  to fiddle with the pipe & left.  Sewage continued to spew.

9/03                      Sent letter to Five Skies  including statement that sewage had been on my lawn since 8/22.  Advised I would contact appropriate gov't agencies; pursue legal action if repairs not remedied within 
                              one week. It had been 3 months & 25 days since initial notification of 5/10.

9/06                      My letter to Five Skies LLC was received via USPS priority mail.

9/08                     18 days since 8/22: plumber returned to hose the sewage into my lawn.  He did not apply bleach as required by DSPS.  Sewage spill was not reported to DSPS as required. 
                             He hooked up the outdoor water tap on my unit.  This is the water  that flowed from the tap after he left.
3/24 -4/26     Nick advertised the unit as "available now" on 3/24.
                        On my initial viewing of the unit on 3/27, Nick Kedrowski told me that the well water was “clean & good.” 
                        On that same day, he also claimed that the unit’s pipes were being replaced to improve the water pressure and the job would be completed by “mid-May” though he wrote the lease to say just May.
                        Nick omitted from our conversation on 3/27 that while the well water was 'clean & good' - the water in the unit was not because it was full of iron - way way over the EPA GRAS of 0.3ppm.
                        Nowhere in any of the emails exchanged between 3/24-4/26 did Nick provide any information re the gross problem with iron in the water.  See #1 in heading.

4/16               Nick omitted the iron-water issue from our conversation on 3/27 & subsequent emails through 4/15 as part of the reason the pipes were being replaced. The new pipes weren’t about only the
                       water pressure as Nick later confirmed (below 5/10) after he received my email of 5/10 describing the water. The iron may well have been the sole reason given the minimal to no improvement in water
                       pressure. I signed the lease on 4/16  without the information necessary to make an informed decision.  Had I known of the iron problem I would have made a different decision & moved instead to one
                       of  the other locations I was considering.    See #3 in heading.

4/27                It was only after I moved in on 4/27 that I discovered the enormous amount of iron in the water when I viewed the two toilet bowls for the first time and drew water from each of the taps.  Other issues,
                        door & windows, especially were noted on move-in.

5/02 - 5/08     Cash job/No permit plumber, Kurt, showed up a couple times to begin replacing the unit's water pipes
5/09 & 5/10     Woman in Stevens Point reported receiving multiple threatening texts & voicemails from the cash-job plumber.
5/10                  After several visits over the next 10 days, Spectrum finally achieved a mostly stable internet connection and I was finally able to write to Nick on 5/10 (excerpt follows):  
                          "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." 
                           and   "I do think functioning doors, windows & screens, clear water, etc., are rather reasonable expectations." 

                          Nick replied that he was unaware of the unit's condition on 5/10.  Perhaps he thinks that makes him immune to the legal requirements of WI §704.  It doesn't.
                          Nick evinced no surprise at all that the amount of iron in the unit's water was a problem:  “The water issues must be related to the pipes in the trailer itself and the
                          new lines should remedy that.”            Note: "must be" & "should remedy that"
                       
5/11                  Nick & Joey showed up with no appointment at the unit.  Nick apologized, reduced the rent for May, held the plate that had fallen off the door & said "the door has to be replaced." He said
                          that the kitchen flooring needed repair.          

5/11- 5/18       Plumber no shows all week. Texted him that I had no hot water on 5/18  - texts  5/11 - 6/17

5/19                 Plumber showed up to fix the hot water problem; said he would tell Nick the water was still orange.

5/20                  I sent a list of repairs  thinking maybe the 20 page pdf of 5/10 was too much, somehow, for them to cope with.

5/21                  Nick & Joey tacked screen fabric over the torn, missing, and/or holey screens - 5 of 10 windows. No interior access required; no conversation.

5/31                 Last time the plumber showed up at my unit; this time to remove old water heater.  He said he forgot to hook up outdoor water tap & that he'd tell Nick water was still orange.

6/02                 Texted plumber to ask when he was coming back for outdoor tap & whatever else remained to be done. 

6/05                 Plumber was arrested for felony stalking a woman in Stevens Point.   6/05, he texted me, "Promise to get it hooked up tomorrow I've been out last couple days with my back." 
                         On 6/06, he texted: "Will be here bed ridden for one more day because they will only give me shot, not painkillers."
                         He was In court from jail on 6/13.  

Mid-June         Joey & Delbert showed up 20 minutes late to place stick on tiles over the torn linoleum.  Joey said he overslept.

6/17                  I texted a picture of the morning's water to plumber.  I had no idea what was going on with him at the time so I waited a bit to see if he'd show up or text or ??  I had found his attitude & demeanor
                          disconcerting & had been afraid he'd show  up when I wasn't there.  He had left the panel of the back of the bathtub plumbing allowing my 16 yr old 100% indoor cat to escape for three days. Again,
                          when he showed up & wouldn't  give me a moment to lock down the cats, he panicked & escaped again for another day.  My temporary insurance license to work in Wisconsin expired the next day.
                          Now, I can't work in Minnesota or Wisconsin as a result of waiting for the skeevy no-show/cash job plumber since May 2 (47 days).  He was arrested for burglary & misappropriation of ID later,
                          and domestic abuse still later.   

6/20                  I went to the Water Quality store to obtain an evaluation of the amount of iron in the water.  Result 20.0ppm; EPA GRAS 0.3ppm; 6667% over GRAS & here.  I could have gone
                          to Home Depot for an OTC test, but wanted an independent third party to do the test.  

6/30                   I wrote again to Nick, "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."
                          The 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."  Trying to open the door results in swollen wrist, have to slam shoulder in to it; the temperature in the unit was 90° &
                           windows do not open (no a/c in unit); toilet bowls; stairs not replaced.      NOTE:   "unfinished pipes"  

7/01                   Nick's reply:  water pressure is same as water color (really, Nick?); communication errors; "first that I heard windows do not open" (9 pages of photos in 5/10 email; list in 5/20 email).  Again, he says
                           they will address problems "soon";  stairs were to be replaced spring or summer (replaced w/not to code/no permit stairs on 9/11).   
                           He then provided his definition of the problem & their solution:
                           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...."   NOTE:  "IF" the water remains unimproved..."  How would that happen without intervention?
                           "replace lines below ground" = Definition of problem     Definition of their solution:  "we may have to terminate your lease"  "would not continue to rent the unit until the issue is remedied..."

                           They have defined the problem & solution: kick out the old lady who had signed a one-year lease 63 days earlier & moved herself & two cats two hundred miles to expand her insurance brokerage. 
                           Any requests ever to evaluate the problem? No.  
                           They chose not to share the information about underground lines with me & the iron problem at anytime from the initial email of 3/24 to the 4/12 email which provided the one year lease.  
                           Had I known the problem AND the fact that they had no intention whatsoever of correcting the problem(s), I would have made a different decision. 
                           Advertising the unit as "available now" on 3/24 with no intention to correct the problem(s) known to them and renting it without supplying that information to gain a rent-paying tenant is fraud.
                           Their demand for full rent without making ANY of the necessary repairs makes this an egregious fraud.  
                 
                           I wrote again to refute his accusation that I hadn't answered phone calls or texts and wrote that my communication would be by email.

7/03                    Nick's email states "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."  Ok - water quality is priority.  Good.  Wait, what??  IF that CAN'T be corrected???  ...the other issues are moot???
                            Note: Considering other repairs "moot" because you don't want to do a particular repair is in violation of §704.07.  Nevertheless, I conclude that their next step is to address the water quality.
                            Bring on the inspection, evaluation, assessment, right?   Yeah, none of that was requested, none of it happened.
                            NONE of the repairs detailed in my 5/10 email have been completed or half-done so, of course, he demands full rent for August. Do I have "full normal use" of the unit? No.  Have the structural repairs
                            been completed "promptly" and "to code"?  No.  Nick promised "soon" "on schedule" "shortly" "as soon as possible" - but what did they DO?  Nothing.   §704.07(4) doesn't agree with Nick and rent can be abated.  

7/07                    I went again to the Water Quality store to obtain an evaluation of the amount of iron in the water. Result 8.0ppm; EPA GRAS 0.3ppm; 2667% over GRAS & here. I could have gone
                            to Home Depot for an OTC test, but wanted an independent third party to do the test. 

7/16                    Thirteen days later, Joey & Delbert showed up without tools, without a list or pdf of what needed to be done, & stood in the kitchen looking around like they'd never seen the place. 
                            I assumed they were there to figure out why the water was still pouring iron out of every single tap.  But, no.  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'm flabbergasted, but think - 20 year old boy & a 
                            vehicle mechanic.  They'll talk to Nick and get back to me on this priority issue.  In the meantime, I loaned Delbert a screwdriver to see if he could get one of the living room windows 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 & had 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 having researched "constructive eviction.'
                            
                              So, what did Nick do about the water problem after Joey & Delbert reported back to him? Did he ask for an appointment to assess or evaluate the cause of the problem? No. That was never done
                              because he had already defined the problem as the underground pipes (7/01) & they were not going to do that.  If they had done this responsibly and in accord with Wisconsin laws, he would have
                              had the new pipes replaced to determine whether that corrected the quantity of iron flowing from every tap in the house, and then and only then, determined whether to rent the unit.  

8/05                      I heard nothing about anything from anyone at Five Skies since 7/16 - 21 days.  I 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.  I dropped it in the same 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.  They chose not to respond to the request for a completion date (excerpt my 9/03 letter) and they demanded full rent for August: water not corrected; door not replaced; windows off track,
                               some wouldn't open, some wouldn't close and no a/c in unit.  I continued my search to accomplish my constructive eviction.

8/08                      Went back to Water Quality store for iron quantity tests- begin shower at 6.00ppm (not 0.3ppm); end of shower at 2.00ppm (not 0.3ppm). Results here.  My search for another place to live continued.

8/15                     I paid rent as agreed per Joey's email re in sync with my social security check.  I paid FULL rent despite fact that NO repairs described in 5/10 email had been accomplished: not the door, not the
                              windows, and not the horrendous water.  I had heard not ONE word from them about doing any of the repairs since 7/16:  31 days.  Receipt: no late fees, zero balance due.
  
8/22                      Septic pipe broke/disconnected at back end of neighbor's unit.  Sewage began spewing from the pipe on my lawn.  Brief encouner with Joey: stairs to be replaced "hopefully Labor Day weekend,"
                              and he is looking at back doors (again).

8/24                      Cash-job plumber supposedly reconnected the two pipes. 

8/30                      Kurt returned  to fiddle with the pipe & left.  Sewage continued to spew.

9/03                      Sent letter to Five Skies  including statement that sewage had been on my lawn since 8/22.  Advised I would contact appropriate gov't agencies; pursue legal action if repairs not remedied within 
                              one week. It had been 3 months & 25 days since initial notification of 5/10.

9/06                      My letter to Five Skies LLC was received via USPS priority mail.

9/08                     18 days since 8/22: plumber returned to hose the sewage into my lawn.  He did not apply bleach as required by DSPS.  Sewage spill was not reported to DSPS as required. 
                             He hooked up the outdoor water tap on my unit.  This is the water  that flowed from the tap after he left.
9/11                     Delbert, Joey & a few of his buddies, installed the not-to-code/no permit back stairs replacing the not-to-code metal stairs.  A chance encounter with Joey followed:  Joey said they were "having
                             money problems";  they were trying to find a replacement door;  he declined the mug of water I offered him.

9/12                     After the deadline specified in my 9/03 letter to complete the repairs detailed in my email of 5/10, Joey sent an email: "to attach a filter to see if that helps with the water" - a filter to affect every tap?
                              "to see if that helps" - to see? helps?  After 4 months & 3 days they are going to experiment with "a filter" to see if it "helps."  Replacing the replaced flooring destroyed by the broken door while the door
                              is still broken and the replacement door is allegedly backordered.  This is the 1st appointment that I declined.

9/15                      I paid rent as agreed on the 15th
 
9/16                      Declining the 9/12 turned out to be prudent as four days later, Joey is "going back and forth with Pellner (sic)  plumbing to get something to work it, which will take some time."  "...to attach a filter as a 
                              temporary solution for the water."  Again, a "temporary" solution with "a filter."  How often do you think a temporary filter would have to be changed before it clogs when the water looks like this?  His
                              voicemail of 9/16 indicates that the 9/16 "temporary" solution will "hopefully hopefully help"
                      
                               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 any other stairs I've climbed and I began to research
                               relevant building codes and discovered that  SPS 321.04(2)(e) stair risers are not to exceed a disparity of 3/8"  Their replacement stairs provided a disparity of 2½"


The kicker, of course, was that they secured the services of an attorney, Patrick Arendt, who was willing & able to help them succeed in this fraudulent endeavor despite:
                     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" 

Arendt claimed expertise in residential real estate on his now defunct website.
Arendt then took it a step further in his falsely concocted claim filed in the court for my eviction.  He misrepresented (lied) about the rent money received and when it was due
(not late) as he wrote.  He also falsely claimed that the next month's rent was late (it wasn't) and wanted late fees for both months though rent had been paid on time in September
in accordance with §704.07(4) and wasn't due until 10/15.

Let's assume that, at least, Arendt should have known that WI Stat 704.44 provides abatement for repairs not completed as he claimed residential real estate expertise on his website.
He knew that my letter of 9/15 specified that abatement and that that abatement also was in accord with previous abatement for Five Skies failure not to repair & maintain. Instead, he
chose to support Five Skies in breaking laws and ignoring Uniform Dwelling Codes and SPS regulations.

But wait, there's more!




The kicker, of course, was that they secured the services of an attorney, Patrick Arendt, who was willing & able to help them succeed in this fraudulent endeavor despite:
                     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" 

Arendt claimed expertise in residential real estate on his now defunct website.
Arendt then took it a step further in his falsely concocted claim filed in the court for my eviction.  He misrepresented (lied) about the rent money received and when it was due
(not late) as he wrote.  He also falsely claimed that the next month's rent was late (it wasn't) and wanted late fees for both months though rent had been paid on time in September
in accordance with §704.07(4) and wasn't due until 10/15.

Let's assume that, at least, Arendt should have known that WI Stat 704.44 provides abatement for repairs not completed as he claimed residential real estate expertise on his website.
He knew that my letter of 9/15 specified that abatement and that that abatement also was in accord with previous abatement for Five Skies failure not to repair & maintain. Instead, he
chose to support Five Skies in breaking laws and ignoring Uniform Dwelling Codes and SPS regulations.

But wait, there's more!
Arendt claims knowledge of events prior to my move-in date in his duplicitous DATCP reply.  
Arendt had read my complaint to DATCP & letter of 9/03 which described the only two repairs that had been made.
Arendt participated in the 9/20 bogus appointment by phone or in person.
Arendt knew  & Five Skies knew that the water was full of iron & correction was not made on 9/20 & Five Skies made no request after 9/20 for rescheduling by phone, text or email.
Are facts, truth, and law relevant to the practice of law in Wisconsin?  I don't see anything 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 actions of landlord aided & abetted by attorney at law --- fraud, statute & code violations are okay in Wood County, Wisconsin?   Definitely.
This is the water the day before the sham appointment
of 9/20 @ 10am
coerced by the threats of Patrick Arendt
 
Would YOU be okay paying full rent
after 5 months with absolutely no action to correct except 
"terminate your lease" 63 days after you moved in?

How did that coerced appointment go? 
     no show
     no call to cancel
     no request to reschedule

See full chronology under Arendt: Bogus 9/20 App't
The Kedrowskis did NOT like the fact that I abated September's rent and adjusted August rent in accordance with Wisc §704.07(4). On 7/01, they will choose to terminate my lease 63 days after I moved in 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 7/17-9/10.  However, as of the 9/15 receipt of my rent check & letter, they need an attorney to aid & abet their scofflaw ways.  They found one:   Patrick Arendt, Attorney at Law, Officer of the Court.

Arendt's email of 9/16 threatened me sufficiently to accept the 9/20 appointment    (on right, click to enlarge in new tab)
Arendt failed to grasp or, more likely, 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.  His email to the DATCP claims knowledge of events prior to my move-in on 4/27:
Arendt wrote that they would "...be within its rights to immediately enter the premises...with or without her consent and without 24 hour notice..."
Arendt wrote they "...could initiate eviction..."
Arendt wrote they "...may have to consider terminating her water supply..."

Arendt wrote that my time frame to remedy the water issue was "arbitrary." 
Five Skies chose to ignore my written request of 8/5 for a date of completion for all repairs.  The situation described on this website & very
briefly abridged below, results in a reasonable, not arbitrary, decision to establish a deadline for them given my experience from 4/27-9/03:

► Five Skies was informed about the water quality 11 times: in writing: 5/10, 5/20, 6/30, 8/5, 9/3 & verbally by plumber:  5/19, 5/31, 6/17;  in person (Joey &
    Delbert) mid-June & 7/16, Joey on9/11

   


     
 
► 8/05  Five Skies chose not to reply to my written request for the date they intended to complete repairs.

► 8/15 Demonstrating their positive intention to collect full rent while doing nothing to perform the necessary repairs, Five Skies cashed my check for FULL August rent  while doing nothing - absolutely nothing from 7/17-9/10.
              7/17-9/10  No requested assessments, no requested appointments, not one email, phone call, or text
              Receipt: August rent paid on 15th, $0 bal due, no late fees

► 8/22 Sewage pipe at back of neighbor's unit breaks spewing sewage onto my lawn a few feet from my office window & remains there from 8/22 - 9/08. 
► 8/24 Plumber shows up; fiddles with the pipe; leaves sewage on the grass.

► 9/08 Five Skies Plumber connects outdoor water tap for garden/lawn he 'promised' for 6/6; never learned whether laundry was connected although it couldn't be used unless I wanted an all orange wardrobe.  Would water pressure be
     sufficient? Don't know.  Have to assume not; wouldn't they, at least, have let me know it was connected if it was as I described laundry hook-ups as one of my very few requirements in my initial email of 3/24?
     Two days after Five Skies receive my 9/03 letter on 9/06, plumber hoses sewage into grass; bleach was not applied as required by DSPS. 
     




►  9/16  Joey was seeking a 'temporary' solution for water that "hopefully hopefully" will "help" (voicemail) a few days short of 5 months since I moved in 4/27 & had been notified eleven times that water was full of iron. Now he's out there
     looking for a "temporary" fix that "hopefully" will "help."  I guess that other "temporary" fix he wanted to do on 9/12 wasn't going to 'help' after all.

► 5/10-6/17  Five Skies hired plumber for a no permit-cash job to replace the unit's pipes. Plumber promises to show up again & again, but doesn't show up over 39 days - one full month AFTER their stated completion date of mid-May - 
    


► The Kedrowskis chose to ignore Uniform Dwelling Code in re metal back stairs, replacement back stairs, front stairs & 'repaired' front stairs. Saratoga's Building Inspector may be incompetent.
► Building permits for replacement stairs and plumbing from Town of Saratoga were not obtained.
► Were all the pipes replaced? Did replaced pipes meet code?  No inspection with no permit.
► Water: SPS 326.15 & SPS 326.25 per Jack Wortruba, Dept Safety & Professional Service.
     If this was the water at the place you moved into, would you find the photos & videos of the water  "reasonably adequate"?
► Five Skies chose to ignore WI Statutes:
    704.03(1)
    704.08
    704.44
    704.07
    704.07(4)
    704.45 
    710.15(2m)
Arendt is fine with all of that as the lies he lies & misrepresents in his response to DATCP & his email of 9/16 to Joey supporting the slumlord's actions & failures to act.
Just get the old lady out and, for a bonus, pad the fraudulent claim with a chunk of extra money, right?

But wait....there's still more!
9/16


9/24

9/26



9/28


As indicated in my letter of 9/3, I visited Saratoga Building Inspector re the not-to-code replacement stairs after I had healed enough to walk & drive my stick shift auto.

I learned one of my friends who was planning to come down with a truck to help me move was hospitalized as he had had a severe stroke.  How many people can afford to move every few months just because
their landlord doesn't know what condition the unit is in but then chooses not to perform necessary repairs ?  I could not.  I lost the place I'd planned on because I could not confirm a move-in date.  Now I had to 
figure out how to borrow more money to rent a truck and, hopefully, find someone on craigslist or somewhere to help with move "TBD" because now I had to find another place with suitable for my business & 2
cats with immediate availability.....again.

Notice to vacate or pay full rent for Sept w/late fees (!) taped to the broken door (since 5/10).
Rent was due 9/15 not 9/1 just as August rent was due 8/15 not 8/1:   August cancelled check & receipt (no late fees) here
Lease specifies late fees begin after 5th day.
A)  IF rent had been due since 9/1: 
      Arendt's document pg 2 conflicts with lease as 9/6 to 9/28 = 23 days @ $5/day = $115 NOT $140.
      Math is hard, but this was a simple task and performed in a sloppy & deceitful manner for someone with a J.D. claiming expertise in Residential Real Estate.

B)  Arendt references §704.17(1) in the notice.   §704.17(1) is for "Month-to-month and week-to-week tenancies"
      Arendt wrote: "....lease of one year or less or month to month tenant"
      He should have referenced §704.17(2) ..." Tenancies under a lease for one year or less, and year-to-year tenancies" 
      You'd think he could at least bother to reference the correct statute.
         C)  A letter is not required to accompany a quit-pay notice.  Arendt just can't help himself though and he gives the game away by revealing the true motivation of Five Skies in one sentence:
               "It appears that you are unhappy with the manner in which my client manages its trailer park."
                Does that jibe with a Quit-Pay notice for rent that is NOT due and WAS PAID in accordance with §704.07(4) as described in the letter that accompanied the rent I paid in September?  No.

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 more dollars in his scofflaw client's pocket.
Sloppy & deceitful is how it's done in Wisconsin's legal system.
09/29







09 30
I called Judicare to learn that after snail mail confirmation of citizenship is rec'd in Wausau & then determination of eligibility, they' usually get back to folks in a "couple weeks or so."
Fill in form, mail, citizen, eligibility - couple weeks.  No, that doesn't look like it will help.

Not incidentally, can you imagine my frame of mind at this time? My friend's husband is in the hospital & she won't speak with me because it's 'my fault.' I'm trying to find a place to live, trying to pack, 
trying to find someone to move my stuff, trying to find legal help.  I can't work - no income but social security.  I'm exhausted from trying to deal with Five Skies malarkey over the last five months & now
they've hired an attorney.  Great, I'm doing just flippin' great. 

I received a notice of certified mail from Arendt's office.  There is no requirement for a certified notice for this document.
I saw no reason to drive to the post office & pick up a certified copy of the same thing that had been taped to my door.
I wasn't in a frame of mind to cross the street to pour a cup of water on Arendt or any Five Skies agents had they been on fire.
Arendt knew that the 9/20 appointment re water was a no show, no cancel, and no reschedule per Joey's email to me of 9/20 (talking w/Arendt) & his own email to DATCP.

Keeping in mind that I had paid abated rent on the agreed upon date, Sept 15. (See 8/15 August check).  September's check was submitted with letter adjusting abatement for Aug/Sep in accordance with Wisc §704.07(4),i.e.,  rent abates to the extent the tenant is deprived of the full normal use of the premises (couldn't take a bath, couldn't open/close a window, couldn't use door to get in/out, couldn't drink a glass of water, couldn't fill the cats' water bowl, etc., etc., etc.)

Arendt  calculated rent due IN FULL with Late Charges from Sept 1.
Attorneys & scofflaw landlords can just do whatever they want  - make up stuff as they go along ignoring previous written agreements & Wisconsin law?
That's how it's done in Wood County Wisconsin?



10 04
10 04

10 06


10 06
10 07
10 10


10/04 Emails to/from Wood Co Dept of Health (summarized in letter to Linda Seemeyer, Director, Department of Health Services, State of Wisconsin)

After I contacted Wood Co Health Dept 10/04, plumber puts correct to code cap on pipe 47 days later (8/22-10/07).


10/04 4:20 pm Rec’d email from Joey: they “just learned” plumber was in Madison (gmail time stamp 9/20 11:40am)
His  10:34am 9/20 email responding to my email to him, plumber, & Delbert, Joey said: “we are here right now talking with our attorney" (see above)
10/06 Nick, Joey, and woman – arrived about 8:30am.  They were standing around on my front lawn near the pipe where sewage spewed; someone knocked on the broken door.  Neither Kedrowski nor plumber contacted Wood County Health Dept as required re sewage spill.  
I had no appointment with anyone so I didn't answer because  I was on conference call in attempt to reinstate my insurance license (turns out: no)
I learned later from neighbor that woman was from Wood Co Health Dept making my life worse: see letter to Director Seemeyer, Wisc State Health Dept
Call from Michelle Reinen at office of Consumer Protection in response to forwarded 9/28 letter from Gov Walker. I returned call 10/6; she did not return call 10/07
Plumber put a code-compliant cap on the pipe that had spewed sewage– 2pm - 47 days after pipe broke 8/22
Spoke with Michelle Reinen, Director Consumer Protection Bureau.  She had rec'd documents from Gov Walker's office & would expedite complaint.
Their department does not enforce anything. They collect data & when "enough" is accumulated....(=enough people hurt)

    Keeping in mind that I'm trying to find a place to move for the 3rd time in 6 months, finding someone with a truck to move, borrowing money, attempting to secure legal help, etc.
10 11

10 14

I filed DATCP complaint:  11 emails to Michelle Reinen - w/95 pages of documentation

As an officer of the court, Arendt filed eviction summons & complaint with false information to aid & abet the scofflaw slumlord whom he knew chose not to perform repairs as required by Wisconsin Statutes 702.  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.
The document is dated & filed 10/14 the day before rent was due Oct 15 claiming rent due for Sept AND Oct with late fees based on due date of 9/1 & 10/1 AND with no adjustment for "after 5 days" = late per lease = FRAUD
          IF I had filed such a document, it would undoubtedly be called fraud.  Is it called something else when an attorney does it?  Just an "oops"?  
I reiterate: Abated rent per §704.07(4) on due date of 9/15 with letter specifying abatement adjusted for slumlord's demand for full rent & doing nothing re repair; Oct rent due 10/15
I reiterate: Arendt claims knowledge of events prior to move-in date of 4/27 through 10/14
10 14


The document is dated & filed 10/14 the day before rent was due Oct 15 claiming rent due for Sept & Oct with late fees based on due date of 9/1 & 10/1 with no adjustment for "after 5 days" = late per lease.
I reiterate: Abated rent per §704.07(4) on due date of 9/15 with letter specifying abatement adjusted for slumlord's demand for full rent & doing nothing re repair; Oct rent due 10/15
Oct 20 & 24

10 25


Process server knocked on door - Oct 20 & 24.  I had looked up service procedure 10/15 (see pgs 1, 3, 4): "leave copy on premises, mail" and checked immediately for the copy left both times.  No copy was left.  No copy was received in mail.
No affidavit of mailing filed (not posted on public website)
Email rec'd from Arendt - claim form NOT attached - NOT the process required per court documentation (attorneys can just make up what they want to do and how to do it?)
The document is dated & filed 10/14 the day before rent was due Oct 15 claiming rent due for Sept & Oct with late fees based on due date of 9/1 & 10/1 with no adjustment for "after 5 days" = late per lease.
I reiterate: Abated rent per §704.07(4) on due date of 9/15 with letter specifying abatement adjusted for slumlord's demand for full rent & doing nothing re repair; Oct rent due 10/15
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 or makes material misrepresentations to the court.

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