Joe Kubitschek of Kettle Drum Street on the far eastern edge of Colorado Springs is furious with the homeowners association and property manager of his Eastview Estates neighborhood.
The property manager is perplexed and frightened because Kubitschek quit paying his dues and became enraged and threatening when the HOA assessed late fees and charged him for attorney expenses.
Here is a map of the neighborhood and a photo from www.FlashEarth.com of the area.
The property manager, James Fletcher of PCMS in Englewood, got a restraining order against Kubitschek.
Here is an example of the profanity-laced e-mails Kubitschek sent PCMS, with profane words edited:
—– Original Message —–
From: James Fletcher
Sent: Friday, February 01, 2008 8:19 AM
Subject: FW: Eastview Estates
Your language and abuse will not be tolerated any longer. From now on you will be dealing directly with our attorney and will have to pay the cost of that plus all of your pervious legal charges that you have accrued. Please see section 4.15 Other Charges of the Declaration as this pertains to your owed legal charges. The information that we receive is directly from El Paso County Public Trusty. So in regards to your foreclosure you may want to contact them.
From: Joe Kubitschek
Sent: Thursday, January 31, 2008 8:39 PM
To: PCMS Accounting Department
Subject: Re: Eastview Estates
I don’t give a damn about my language as it is not illegal to say anything and Freedom of Speech will Prevail!!! How you choose to accept my language is your problem! I do not make people feel!
#1 You have got to be f—— insane to send me a bill like this!!!!!
a. Colorado State Law says that if you are paying the legal fees then that Attorney is working for you. I have hired no Attorney and I have had no discussion with any attorney! Duplicity of law is not acceptable. If I am forced to pay legal fees I will file a complaint with the Bar Association of Colorado Against your Attorney for knowly allowing this illegal practice!
b. There has been NO ZERO NOTTA legal discussion in reference to this property with me or anyone and if you go to an attorney and do not present me with any of that information it is not my responsibility to pay your bills! Further if I do not have knowledge of discussion of reference to my property — I should not legally have a responsibility to that bill!
c. Action Taken ##: means absolutely nothing to me as I have never had any action advised to me in any shape or manner! Well except for my smoker and a wheelbarrel issue. What the f— are you talking about? Please explain what Action was in reference to Action Taken ##!
#2 If you do not send me a bill you cannot legally charge me with a late fee as I am unaware when and what amount I owe! This is insane the last bill I received from your office was in June of 07. I pay as part of my fees to be billed and informed of meeting, newsletters and BILLS! I do not receive any information about bills and have not received any information about any bill. This is b——-! If you have I would like to know where you sent that bill because I have never received any bill from PCMS or Eastview Estates. That also includes inappropriately sent information in reference to anything but my petition for Chapter 13 Bankruptcy Attorney Mr. Paul Gefrey!
#3 Lastly, my house has not been foreclosed but I find charges on my bill for FORECLOSURE! I DO INSIST YOU WILL REMOVE THOSE FEES AS MY HOUSE IS NOT IN FORECLOSURE, AND HAS NOT BEEN FORECLOSED!
I do expect you will send me a revised bill absent of legal fees, foreclosures fees and fees in reference to any late charges. No where in the covenent (THAT SOCIALIST NEO-NAZI DOCUMENT) that you charish with great regard does it say that I cannot make monthly payments.
Thank you for raising my blood pressure and causing me undue anger and stress. Also Thank you for your time and attention to this matter. I do not apologize for my anger.
—– Original Message —–
From: PCMS Accounting Department
Sent: Monday, January 28, 2008 3:41 PM
Subject: Eastview Estates
Thanks for letting me know you have not received your statements. I have sent out two different ones to you. They were in window envelopes with the Eastview Estates return address. I am going to hand address this one to you. It will mail out tomorrow as our mail has already gone for the day. Please let me know if you do not get this one.
Marilouise – Bookkeeper