Our nightmare started when we came home and neighbors declared that the home we bought belonged to a homeowners association

March 04, 2005

By Mags Wittich (View author info)

After 20 years plus years and serving our Country under honorably conditions in the Military, and what little income we received each month our family scrimped and sacrificed by giving up life's most basic comforts.

For the past twenty plus years our family has scrimped and saved just so we would have enough monetary assets to buying our dream retirement home, and we were honestly looking forward to peace and quiet and enjoying the fruits of our labors.

Upon returning to Conus after serving a tour in Europe, Bosnia and the former Yugoslavia our family searched for three years, and on March 8, 2000, our family found and finally turned our life long dreams into realty. We purchased our dream retirement house, or so we thought, in the rural area of Roy.

Our nightmare started when some of the neighbors declared that our property belonged to their voluntarily formed non-for profit Corporation in 1993 . Our family informed the Home Owners Associations (HOA) President and members that our Statutory Warranty Deed indicated otherwise. We advised the HOA President, members and their Attorney that our family would consider any further contact by and from them as harassment and would press civil charges if the HOA members or their Attorney would not cease in pursuing their harassing and threatening connotation against our family, or their attempts to extort money from our family in the form of so-called HOA dues.

That was four years ago, since then three (3) of our prize Boxers were poisoned with an overdose of metamphetamines on January 13, 14, 15, 20, 22 and 23, 2001, which cost our family hundreds of dollars to save our precious pets each time. Since our pets did not succumb to the metamphetamine poison; an annonymous call was placed with Pierce County Human Society that our pets were potential dangerous and vicious animals.

It was very hard for our family and friends to comprehend that individuals would resort by condeming innocent animals to death, because our family disagreed with the HOA members claims concerning our property rights, and our families unwillingness to encumber, sign, or pay extortion monetary penance to this so called HOA and it's members or their privately owned non-for profit Corporation.

After our pets were poisoned for the third time our family became aware that one of the neighbors a Pierce County Sheriff Deputy and HOA Vice-President then worked with drug enforcement and had ready access to metamphetamines and other hash drugs.

This same Pierce County Sheriff Deputy the HOA President has committed several crimes under color of the law. The Deputy stopped our US Postal carrier from delivering our US Postal Mail to our assigned and legal Mail Box in front of our house. The Deputy intimidated the US Postal Carrier into submission, and lied to the Postmaster of Roy, thus our family was without US Postal Mail delivery service from April 8, 2003, - May 1, 2003, the only way we were able to receive Mail was to personally pick up our mail at the Post office in Roy. However, due to the post offices business hours and our family conflicting work schedules we were forced to go without mail for days.

Our family was forced to file a complaint with the Tacoma US Post Master, which requested to see legal documentation of ownership of 2nd Ave S, since the HOA President and members were unable to produce legal documentation of ownership or claims (2nd Ave S) within Pierce County the Tacoma US Post Master declared that our US Postal Mail Delivery service would be resumed on May 1, 2003.

The Sheriff Deputy/, the HOA president has repeatedly harassed our family it's members and friends by running license plates without probable cause…. following family members and friends upon living our residence, we even suspect that he has installed a listening device on our phone lines, because he seems to be informed exactly to whom or what we discus during phone conversations.

March 18, 2003, while our son, daughter-in-law and grandson visited, Deputy Fries, while on duty perform and unsolicited stopped our son, his wife, and our grandson during their afternoon walk on 2nd Ave S. Since the Deputy did not receive the answers he was seeking, he was observed by our son, daughter-in-law and a neighbor drive his unmarked car in front of our driveway, he was further observed coming to a complete stop for several minutes. We all speculated that he was running our son's Vans out of state plates.

October 5, 2003, between the hours of 13:30PM – to 14:00PM, he followed our son…however in order to catch up with our son the Deputy while off duty and in civilian clothing utilized his unmarked official Sheriff vehicle and had to have traveled at a speed in excess of 100 mph in a 35 mph limited speed zone.

May 7, 2004, between the hours of 06:20AM – 06:35AM, the Deputy lay in wait at his residence…when my husband and his ride drove by… the Deputy without probable cause followed them in his official Sheriff vehicle for approx 4 miles just to abruptly turn his vehicle a 180 hence the direction he came from.

We wrote a complaint letter to the Sheriff of Pierce County concerning the Sheriff Deputy professional misconduct, however the "Good Ole Boy System" swept the whole incident under the rug.

But at the same token his Supervisor a Lieutenant and his Sgt. informed our family in writing that the Sheriff Deputy had indeed conducted a routine investigation of our family and the documents in question were just part of the Deputy routine investigation.

We are outraged that the Deputy received sanctions by his department for violating our rights to privacy, our Washington Constitutions as well as our US Constitutional rights.

Our family questions the motifs of the Sheriff Deputy concerning his so-called routine investigation. This Deputy utilizes official equipment to extract private information and then used this information for personal gains and interests, and to aid his status as the President of a non-for profit Corporation.

Further we have not received a plausible explanation by his department or why the Sheriff Deputy was allowed or even conducted an investigation of our family. Our family has never violated any statues or laws in the past or present to prompt the Sheriff Department or one of his Deputies to conduct an investigation of any kind.

Our family is outraged that this Sheriff Deputy continues to utilize official equipment, and his and his department status to obtain private information concerning our family and other property owners; and then disseminates the obtained information at their HOA meetings without our implied or expressed consent.

In the past he has utilized official county equipment and made himself avail of Pierce County property (Pierce Shooting Range) to conducted private HOA meetings as the HOA President of a non-for profit corporation (for his own personal and corporate use and gain). During such meetings, while performing private functions and in the capacity as the HOA president of a non-for profit corporation the Sheriff Deputy wore his official uniform.

The Sheriff Deputy/HOA President and so-called members hired a construction company to pave 2nd Ave S a private street…the HOA members destroyed property and took away our easement rights (although the HOA does not own any property in the County of Pierce) without implied or expressed consent by all the lot/property owners'.

May 22, 2003, I was forced by Pierce County Sheriff Deputies to carry heavy groceries for approx. 500-600 feet to my residence as a result I was injured.

The Sheriff Deputy/HOA President had our street blockaded with official Pierce County Sheriff Vehicles, and uniformed official Sheriff Deputy () manned the blockaded entrances…since the Deputy did not know which road entrance I would use he used his official unmarked Sheriff Vehicles to commute between both entrances of our street after it was paved.

The Deputy threatened that they would arrest me if I did not comply with their instructions and denied me vehicular access to our property and home…although no signs were posted of a bending road closure or blockade…. or to that effect either at the entrance of the road or any where along the way.

Further the pavement was cured and dry, the Deputy himself drove his unmarked official vehicle over the fresh pavement several times…. and the blockade was lifted within forty-five (45) minutes after my arrival.

The conduct of the three Sheriff Deputies was "extreme and outrageous, and was fully intended to intimidated, cause fear, emotional distress and they recklessly disregarded the near certainty that such distress would result from such conduct."

All three Sheriff Deputies are vicariously liable for the unfortunate incident…. my injuries and why I can only ambulate with the assistance of a cane and will require spinal surgery. During a consult with my Orthopedic Spinal Surgeon at UW, informed our family that if something went wrong during surgery or before i.e. another trauma to my spine of any sort I could end up as a paraplegic.

Our family believes that this Sheriff Deputy/HOA President wanted to demonstrate how much power he wheels and deals on our street as the HOA President and that he indeed is the "Alpha Male" on our street.

In July 2003, these same Sheriff Deputy/HOA President filed a material or contractor lien against our property; in the lien the Deputy perjured himself when swearing under oath to the false statement that he was a contractor…eight months later their HOA Attorney was forced to revoked the lien which the Deputy had filed against our property, but at the same token and on the same day March 31, 2004, filed another lien on behalf of the HOA in the amount of $2,107.00 which includes Attorney fee's.

Further, we became aware that their Attorney is trying to initiate foreclosure via bankruptcy procedure through the Professional Foreclosure Corporation of Washington, located in Vancouver Washington, but Headquarters of this Foreclosure Corporation is out of Phoenix Arizona our family is afraid that they do not have to adhere nor will follow our Revised Codes of Washington (RCW's).

Our family questions the professional motivation, professionalism as well as ethical and moral conduct of the HOA Attorney. She is aware, became aware, and was made aware by other Attorneys that "NO" Homeowners Association or Landowners Association has been cataloged into our Statutory Warranty Deed, and that this HOA does not own any common property or any other property within the boundaries of Pierce County, yet she proceeds with these claims, which are Fraudulent in nature and a Misrepresentation of our property.

We are presently engaged in litigation against these so-called good citizen and HOA members. These HOA members have forcefully taken private property for Private use, which violates our Washington Constitutional and our US Constitutional rights. At present we have been forced to spend over 15K in Attorney fees defending property, which already rightfully belongs to our family.

Further, due to the injury, present complications and health situation I very rarely can leave the house these days, inadvertently I lost my accounting business in January 2004 (an income approx. worth 55-65K a year).

It is frightening to read the stories of other citizens plight and how these HOA's members and their Attorneys operate and violate Conspiracy against Rights 18 U.S.C. § , violate the RICO Act 18 U.S.C. § 1956 (c)(4)(B), and §§1961-1968 by filing Fraudulent and Misrepresentation documentation's involving the transfer of title to any real property, with our State and County agencies without our families implied or expressed consent… which clouded our Property Title…. in the same course they have violated our

5th Amendment which reads, "nor shall private property be taken for public use without just compensations", and 14th Amendments of our Constitutions, the Hobbs Act 18 U.S.C. § , and the Travel Act 18 U.S.C. § 1952. We do not interpret the laws or it's provisions in a vacuum…. but simply what these laws stand for and how they should be morally and ethically applied.

Our family is certain if People for the Ethical Treatment of Animals (PETA) would receive this type of information there aggressive advocacy would shed light on the occurrences concerning the metamphetamine poisoning of our three Boxers pets.

HOA's members and their Attorneys across the country violate basic Human and Constitutional rights each day…. our citizen of this great nation and country are being systematically stripped of there most fundamental rights…. and after the HOA, CAI and CID's foreclose on their properties and homes they are discarded onto our streets like yesterdays garbage.

Our family firmly believes…. since 1975 the rise of homeless families and individuals in these country have doubled if not tripled…. and are a direct result of these ruthless HOA, CAI and CID members and their Attorneys, it is devastating to witness such changes in the last quarter of a century and the steady decline of our basic Human and Constitutional rights.

Our Founding Fathers of this great nation bestowed those basic Human and Constitutional rights upon this great nation and us…. however our citizen of this great country are in great peril of losing those sacred rights, and for what: "All In The Name Of The All-Mighty Dollar and Privatized HOA, CAI and CID Dictatorships".