76 Main Street, P.O. Box 1619, Bisbee, Arizona, United States.
e-mail / contact info on
Claimant says: In 2008 a large part of my neighbor's retaining wall fell onto my property. The wall was an encroachment on my property but had been built years ago. The neighbor's live in Scottsdale, AZ and this is their 2nd home. When my friend called the neighbors in Scottsdale, AZ to tell them their wall had fallen the first thing that was said was: "tell Denise to put 10,000 in escrow". Previously, I had been friendly with
Claimant says: In 2008 a large part of my neighbor's retaining wall fell onto my property. The wall was an encroachment on my property but had been built years ago. The neighbor's live in Scottsdale, AZ and this is their 2nd home. When my friend called the neighbors in Scottsdale, AZ to tell them their wall had fallen the first thing that was said was: "tell Denise to put 10,000 in escrow". Previously, I had been friendly with them and tried to be a good neighbor even having their family members over to Christmas dinner. When I refused to pay for a wall that meant nothing to me they pulled out a document which had been signed (not by me) after I had purchased my home. The neighbors then tried to bully me and intimidate me and defraud me with this document. I went to an attorney, the Honorable Karl Elledge who was then in private practice, and he looked over all my documents and told me that the wall was nothing to me, was not a party wall and for me to stick to my guns and not let them rebuild the wall on my property. I was more than willing to try and work something out but the neighbors just wanted money. They even tried to have me pay for drawings, $750.00, to see half of the drawings which I could have seen for free through public records if I so desired. The neighbors didn't want to have anything settled by the court so they went to considerable extra expense to move their yard and wall back to their property line. The wall was rebuilt in 2009. I was the bad guy and needless to say my relationship with those neighbors was tarnished forever. The old wall was left on my property. An estimate states $1,000.00 just to remove it. I am retired and on a fixed income and just never had the money to have it removed myself or to take them to small claims court. After all of that, I couldn't stand the sight of them, honestly. The fallen wall is dangerous and it is crumbling in areas so I put up signs to keep people out because that part of my yard is no longer fenced in since the wall destroyed the in place fencing. Over a year ago, they put their house up for sale. They had a least one realtor before Aviva Rae Trustman of Art Realty, 76 Main St., Bisbee, AZ showed up on the scene around May 2013 or so. During the weekend of July 19, 2013, Craig and Gretchen Thompson, the owners of the home, were down from Scottsdale, AZ and sometime during that weekend cut and stole the signs I had up on my fence on my property. In order to do this, they had to trespass as well. I replaced the signs that following Monday, having to buy new signs. I emailed Aviva Rae Trustman about what her clients had done. She never responded to me in any way. Less than two months later in September 2013, Aviva Rae Trustman emailed me stating that a realtor was showing the neighbor's house and that I had yelled profanities at the realtor. I was in Sierra Vista all morning and early afternoon with my daughter. When I returned, we were bringing packages up the hill to our home and I did see some people parked in the street at the top of the hill far away from us. But, that was all. I emailed Aviva Rae Trustman back and explained to her where I was and that I had not done that. I had no idea who accused me of this and still to this day have no idea who said this to Aviva Rae Trustman. She never responded to my email. She never called or attempted to contact me in any way about this matter. On December 1, 2013, at around 6:15 pm, it was dark at that time, I heard a car zoom up the hill and park turning their lights off. The neighbor's house is at the top of the hill and the street is a dead end (Warren Hill St.). My daughter's bedroom windows face the neighbor's house and she saw a skinny old woman and a short younger man running around the house in the dark trying the doors and windows. I went up to her room to look out and saw them running crazy. I went out to my gate with a flashlight and called up: "What are you doing up there?" The woman yelled down: "We are looking for a view". That sounded phony to me so I called up and said: "Well, you had better leave or I will call the Police". The man yelled down: "Mind you own business you nosy (profanity)". I then went into the house and several minutes later I saw them drive down in what looked like a PT cruiser with flames painted all over the sides. On December 2, 2013, around 4:30 pm, I receive a visit from the Police, Officer Long. He drove up the hill like there was a crime in progress jumped out of his truck left the door open and came to my gate. I have my front gate locked. I came out of the house to the gate to see what this was all about. He wanted to come into my house because he said he was concerned any neighbors would see him and it would be embarrassing for me. I told him we could talk right where he was. He seemed very agitated which I asked him about. He said that Aviva Rae Trustman had filed a complaint against me for harassment. He said that she told him that five people have said I yelled at them. He said that the people up at the neighbor's house in the dark were looking at the house before they left town and that I was interfering in Aviva Rae Trustman's livelihood. I explained to him what I had witnessed and that there was no agent with those people and the house apparently not opened and dark. So, I also explained to him what I thought. He did tell me if it happened again to call the Police because it could be dangerous for me if it was a burglary in progress and he was correct. I hadn't thought about my safety. Anyhow, even though he heard my side he emphasized that they would prosecute if it happened again. I told him the incident with the profanities never happened. He said there was a pattern and that I would be prosecuted. None of this makes any sense. What would I get out of yelling at anyone looking at the neighbor's house? My signs were taken and I had to make a trip, pay and put up new ones. I have this all documented with receipts and photographs. There is a history of ill feelings because of the wall but there have never been any accusations against me before Aviva Rae Trustman came on the scene. She never bothered to get my side of the story with the December 1, 2013 incident. When I gave her my side of the September 2013 accusation she ignored me. My side of the story never mattered. It is my belief that she was trying to get something on me, dirty my hands, because the neighbor's did not like the signs being up on my fence. What else can one think when someone who runs a business comes after you like that and will not listen to your side of the story? Even though I explained to her that I did not yell profanities at anyone she used that against me later to get the Police all crazy about there being a harassment pattern. As a result of this, the complaint was printed in the Police Blotter for all of the public to see. She has embarrassed me and tried to intimidate me and bully me just as her clients have tried to do. Where there was no problem with me and the neighbors except bad feelings she fabricated a harassment situation which is now on a police record and made me look like a crazy person. What person who runs a business tries to start trouble when none exists and which could be detrimental to their own business? I have never once spoken to her. I don't know her except on sight. I have no idea still who any of these five people are who have made accusations against me. She was never on site when she claims these harassment incidents occurred. I have been falsely and unjustly accused and there has never been any attempt to remedy the destruction pattern she has left behind.*