23120 102ND PL W.PDFiiiiiiiiii
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23120 102ND PL W
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QU TrY PRESS, SLAI-1 U S93-0639
FORM No. 105
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STREET FILE
SUPERIOR COURT OF WASHINGTON FOR
THOMAS G. KUNTZ and JERRY A.
-KUNTZ., husband and wife,
Plaintiff,
vs.
JAY R. BOLLINGER and LYNN D.
-BOLLINGER, husband and wife;
OLYMPIC PROPERTIES INCORPORATED,.
-a Washington corporation, DOYLE
YOUNG, a single person, and
LETIA C. RICE, a single Defendant.
person,
D
MAR 2 9 1984
KAY D. ANDERSON
COUNTY CLERK
SNOHOMISH CO., WASH.
SNOHOMISH COUNTY C:=:)
No.
8 4 2' () 10 9.1 4-
SUMMONS
(20 days)
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TO THE DEFENDANT:
A lawsuit has been started against you in the above entitled court by THOMAS G. KUNTZ and
JERRY A. K UNTZ plaintiff. Plaintiff's claim is stated in the written complaint,
a copy of which is served upon you with�-this summons.
In order to defend against this lawsuit, you must respond to the complaint by stating your defense in
writing, and serve a copy upon the undersigned attorney for the plaintiff within 20 days after the service
of the summons, excluding the day of service, or a default judgment may be entered against you without
notice. A default judgment is one where plaintiff is entitled to what he asks for because you have not
responded. If you serve a notice of appearance on the undersigned attorney, you are entitled to notice
before a default judgment may be entered.
You may demand that the plaintiff file this lawsuit with the court - If you do so, the demand must be
in writing and must be served upon the plaintiff. Within fourteen (14) days after you serve the demand,
the plaintiff must file this lawsuit with the court, or the service on you of this summons and complaint
will be void.
If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your
written response, if any, may be served on time.
This summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of the State of
Washington.
Dated: March 28, 1984
R
VV
/C
Attorney for Plaintiff
THOMAS R. RUCHMETER, P-S.
Firm
7009-212th SW,,q11JtP 2031 Edmonds, WA
Address
P. 0. Box 717. Lvnnwood- WA Qgn46-017
City, State, Zip
774-111-1
SUMMONS Telephone
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MAR 2 9 1984
RAY 0. ANDERSON
COUNTY CLERK
SUPERIOR COURT OF THE STATE OF WASH INGTOI�SNOMISM(CeLp"ji COUNTY
THOMAS G. KUNTZ and JERRY A.
KUNTZ, husband and wife, NO.
84 12 010911 41-
Plaintiffs,
COMPLAINT
VS.
JAY R. BOLLINGER and LYNN D.
BOLLINGER, husband and wife;
OLYMPIC PROPERTIES INCORPORATED)
a Washington corporation, DOYLE)
YOUNG, a single person, and
LETIA C. RICE, a single person,)
Defendants.
COME NOW the plaintiffs and for their cause of action allege
as follows:,
JURISDICTION
This court has jurisdiction by reason of the foll
owing facts:
I .
Plaintiffs, Thomas G. Kuntz and Jerry A_.___Kun�tz, are resi - dents
o'
of Snoh mish County, Washington, residing'at 23120-102nd Pl. W
Edmonds 98020.
Defendants,, Jay R. Bollinger and Lynn D. Bollinger are husband
and wife'and are re-sidents of Snohomish County,..Washington.
Defendant, Olympic.Properties Incorp'orated, is a Washington
corporation doing business in Snohomish -County, Washington.
Complaint - 1
THOMAS R. BUCHMEIER P.S.
ATTORNEY AT LAW
A PROFESSION& SERVICE CORPORATION
P.O.9OX747
LYNKMOOD, WASW4GTON "036
(206)774-1443
IV.
2 Defendants, Doyle W. Young and Letia C. Rice are single persons
3 residing in Snohomish County, Washington.,
4 FACTS
The following are the relevant facts with respect to this
6 lawsuit:
7 V.
8
On or about the 30th day of April, 1982, Thomas G. Kuntz and
9 Jerry A. Kuntz entered into.a Real Estate Purchase and Sale
10 Agreement with the defendants, Jay R. Bollinger and Lynn D.
11 Bollinger. Said agreement provided for the sale. of real prop.erty
12 located in Snohomish County, Washington and legally described as
13 follows?
14 The West 122.05 feet of the East 326.42 feet of
15 Lot 12,, Block 1'1 Westgate Park, Division No. 2,
according to the plat thereof recorded in
16 Volume 13 of Plats, page * s 40 and 41, records of
Snohomish County, Washington, as measured along
17 and perpendicular to the South line thereof;
EXCEPT the North 30.0 feet thereof;
18 ALSO EXCEPT the East 20.0 feet of the South 30.0
feet of the North 60.0 feet of.said West 122.05
feet;
19 TOGETHER WITH an undivided -4 interest in a private
road for ingress, egress and utilities over, across
20 and upon the roadway as described herein.
21 The defendants Bollinger induced.the plaintiffs to purchase
22 the said real estate by reason of the display and dissemination of
23 a plat map which purported to graphically depict.the boundaries and
24 configuration of the property.
25 Vi.
26 The said plat map was distributed -through the office of the
Complaint 2 THOMAS R. BUCHMEIER, RS.
ATTORNEY,AT LAW
A PROFESSIONAL SERVICE CORPORATION
P.O. BOX)�Q
LYNNWOOD, WASHINGL(?N,?AW-,0717
(206)774--`I10'k,--".--1' -
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defendant, Olympic Properties Incorporated, acting on behalf of
defendants Bollinger.
VI I.
That the defendants Bollinger entered into a contract with the
plaintiffs for the contruction.of a home on the subject, property.
That the defendants Bollinger began the construction of the home on
the subject property and after the construction had commenced,,
informed the plaintiffs that it, was n ecessary to move the boundary
lines of the property. That the plaintiffs relying upon the
expertise of the defendants Bollinger and Olympic Properties
.assented to what was represented to them to be a movement of the
boundary lines.
VIII.
That the plaintiffs obtained financing and eventually
constructed aresidence on the property.
IX.
,That after the construction of the residence on the property,
the plaintiffs became aware of claims by the defendants Young and
Rice to the effect that part.of the improvements for the plaintiffs'
residence were constructed on the property owned by defendants
Young and Rice and that the common road area.in front of the
plaintiffs' residence was, in fact, owned by.defendants Young and
Rice.
X.
That the.house that was constructed upon the plaintiffs'.
property was not properly situated upon the plaintiffs' lot and was
Complaint - 3
THOMAS R. BUCHMEIER, RS.
ATTORNEY AT LAW
- A PROFESSIONAL SERVICE CORPORATION
P.O. BOX 717
LYNNWOOD, WASHINGTON 98046-0717
(206) 774-M3
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not constructed in a workmanlike.manner. That the defendants
Bollinger have refused to perform, dispite the repeated demands of
the plaintiffs.
That the plaintiffs have determined that by the terms of the
Declaration of Short Subdivision and of Covenants recorded under
Snohomish County Auditorls Number 8301040057 on January 3, 1983,
the road in front of the plaintiffs' property was left in the
ownership of the defendants Bollinger and was not included in the
legal descriptionlof the property owned the defendants Young and
Rice.
X1.
That in February 1984, in complete derogation of the require-
ments of the Snohomish County Code and/or the Edmonds Municipal
Ordinances, the short subdivision was violated by transfer of a
fifth parcel of property, to -wit: the road area in front of the
plaintiffs' house, to Young and Rice -legally described as:
The North 30 feet of the West 122 .05 feet
of the East 326.42 feet of Lot 12, Block 1,
WESTGATE PARK DIVISION NO. 2,, Volume 13 of
Plats, pages 40 & 41, records of Snohomish
County, Washington.
XII
'That land developement and home construction,i.s a industry or
,trade which effects the public interest under the laws of the State
of Washington.
XIII.
That the real estate industry is an.industry which effects the
public interest under the laws of the State of Was , hington.
THOMAS R. BUCHMEIER, P.S.
Complaint - 4 ATTORNEY AT LAW
A PROFESSIONAL SERVICE CORPORATION
P.O. BOX 717
LYNNWOOD, WASHINGTON 98046-0717
(206) 774-1113
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xiv.
That the plaintiffs have been damaged by reason of the misre-
presentations of the defendants Bollinger and Olympic Properties
Incorporated; the unfair and deceptive practices of the defendants
Bollinger and Olympic Properties Incorporated; the negligent and
defective construction practices of the defendants Bo llinger and
the improper transfer of.the fifth parcel of property by the
defendants Bollinger to the defendants Young and Rice.
CAUSES OF -ACTION
xv.
Plaintiff alleges causes of action against defendants
Bollinger as follows: ,
First Cause of Action.
Negligent and/or intentional misrepresentations made to induce
the plaintiffs to purchase their property.
,�ecnnd Cnijqp nf Ar-*4�"
Unfair and deceptive business practices resulting in the
construction of the home in a defective manner.
Third Cause of Action.
Violation'of the Snohomish County and/or City of Edmonds short
plat ordinance by sale or transfer o f a fifth parcel of*property
created under the authority of the short plat ordinance.
xvi.
Plaintiff alleges a cause of action against defendant Olympic
Properties Incorporated as follows:
Fourth Cause of Action.
'Negligent and/or intentional misrepresentation of facts to
THOMAS R. BUCHMEIER P.S.
Complaint 5 ATTORWY AT LAW
A PROFESSIONAL SERVICE CORPORA71ON
P.O. BOX 7 4 7
LVNNWOOD. WASHINGTON"036
(206)774-1443
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induce the plaintiffs to enter into the purchase with defendants
Bollinger.
Fifth Cause of Action.
Unfair and deceptive business practices in derogation of the
Real Estate Brokers and Salesman Act and the Consumer Protection,
Act of the State of Washington.
Sixth Cause of -Action.
Plaintiffs request that the Court quiet title to the disputed
strip OF property transferred to'the defendants Youn g and Rice.
WHEREFORE plaintiffs pray for relief as follows:
1. Judgment against defendants Bollinger in an amount'to be
determined at time of trial.
2. Judgment against defendants Olympic Propert ies Incorporated
in an amount to be determined at time of trial.
3.. Trebel damages up to the. sum of $1,000 under the Consumer
Protection Act.
4. Reasonable attorney's fees under the Consumer Protection
Act.
S. That the court quiet title to the disputed property.
6. Costs and disbursements herein.
7. Such other and further relief as the court may deem
appropriate in the premises.
DATED this day of March, 1984.
e
THO AS R. BUCHMEIER
Attorney for Plaintiffs
Complaint 6 THOMAS R..BUCHMEIER P.S.
ATTORNEY AT LAW
A PROFESSIONAL SERVICE CORPORATION
P.O.BOX747
LYNNWOOD. WASHINGTON 98M
t")774-440
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STATE OF WASHINGTON
ss
COUNTY OF SNOHOMISH
THOMAS G. KUNTZ and JERRY A KUNTZ, being first duly sworn
on oath, depose and say: That they are the petitioners herein;
that they have read the foregoing Complaint, know the contents
thereof and believe the same to be true.
Tf A K
SUBSCRIBED AND SWORN TO before me this ZZ day of
March, 1984.
NOTARY PUB IC in all-d- for �theSt�te
of, Wpshingt-pn, residing at
lomplaint - 7
THOMAS R. BUCHMEIER P.S.
ATTORNEY AT LAW
A PROFUSIONAL SERVICE CORPORATION
P.O. box 7 17
LYNNWOOD, WAPUNGTON 98M
(206)774-4413