Cruisers pick up FIRST WIN
By Skip Smith Contributing writer![](https://assets.isu.pub/document-structure/230323152316-1feabda5c64f96f6f438420b85e251d8/v1/d03f6c9ebca76f797de75765d94a85a8.jpeg)
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After dropping their first two games of the season, the Eatonville Cruiser baseball team used a bit of late-inning heroics to grab its first win on Friday at Washington High School.
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The Cruisers jumped on the Patriots early as they scored four runs in the top of the first inning and two more in the second to take a 6-0 lead before the Patriots pushed one run across in the bottom of the second.
Both teams traded punches before the Patriots tied the game up in the bottom of the fifth inning with eight runs apiece.
BASEBALL Page 2Æ
Eatonville Town Council votes down ordinance to amend city’s commercial zone
By Brett Davis Contributing writer![](https://assets.isu.pub/document-structure/230323152316-1feabda5c64f96f6f438420b85e251d8/v1/bd7725b7f139d5e71a54779834eb5881.jpeg)
One out of two first readings of ordinances passed at the March 13 meeting of the Eatonville Town Council.
An ordinance amending the town’s municipal code to add a new section establishing a commercial district overlay zone went down to defeat.
The proposed zoning amendment was meant to preserve the primary commercial character and the viability of the downtown corridor for commercial purposes, encourage the development of multifamily housing in the walkable area of the town, and maintain a desirable look to the town’s commercial district.
Concerns about infringing on property rights ended up dooming the ordinance.
“I’m trying to figure out exactly what it is that we’re trying to fix by
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putting additional restrictions on these parcels,” Councilmember Bill Dunn said.
He went to add he didn’t know “if there’s a need to create adding a section to the municipal code to prevent that from happening.
“We have people who are living in houses in this district — in this proposed district — whose rights to utilize their land the way they want to is going to be significantly inhibited by the town of Eatonville government coming in and saying now you’re part of this designated commercial overlay zone,” he said.
The council did pass the first reading of an ordinance to adopt final revisions to Eatonville’s Shoreline Master Program by the state Department of Ecology. Shoreline master programs are landuse policies and regulations that guide the use of Washington state shorelines.
Cruiser fastpitch off to rough start to season
By Skip Smith Contributing writer![](https://assets.isu.pub/document-structure/230323152316-1feabda5c64f96f6f438420b85e251d8/v1/8eb77eb243546cb05d637d00fde5290c.jpeg)
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e Eatonville Lady Cruiser fastpitch team got o to a rough start to the 2023 season.
With no returning starters and only four returning players from last year's third place state- nishing squad, a young Eatonville team had a full week of games to kick things o .
Unfortunately, the Cruisers were on the losing end of all of those games and opened to an 0-4 start of the season.
ey hosted the Morton-White Pass Wolves in a double-header to start things o on March 14.
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e Cruisers took a 1-0 lead into the nal inning before the Wolves explode and roughed up Eatonville’s starting pitcher, freshman Amy Tozier, for seven runs.
Eatonville managed one more run in the bottom of the inning when Kyleigh Backlund hit a double to drive in Zoe Burns before su ering a 7-2 loss. Backlund also scored the Cruisers' other run in the fourth inning when she reached home on a wild pitch.
In game two of the doubleheader, the Cruisers did not fare much better as the Wolves’ ninerun rst inning put the Cruisers in a hole they couldn't nd their way out of before falling 17-4 in a mercy rule-shortened four-inning game.
On March 15, Eatonville hosted the River Ridge Hawks out of the 3A South Sound Conference. Eatonville was no match for the Hawks as they no-hit the Cruisers 12-0 in a mercy rule-shortened game.
e Cruisers nished the week on ursday at University Place to take on the 4A Curtis
Vikings. e Vikings downed Eatonville, 13-1, in another mercy rule-shortened game. Backlund scored the lone Cruiser run on a passed ball a er she reached base on a double to le eld and advanced to third on an error.
In the top of the nal inning and with two outs, Cruiser Owen Archer singled to put the go-ahead run aboard. Keith Smith then singled, and Archer advanced to third base. Smith stole second during the next at-bat to put runners at second and third. Michael Stogsdill then hit a so ground ball to the rst baseman, who mishandled the ball and ultimately dropped it as he was heading to rst base, allowing Stogsdill to be safe and Archer to score with the go-ahead run.
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Cooper Field, who came on in relief in the bottom of the fourth inning, got a strikeout and a couple of y outs to seal the victory for the Cruisers.
Field picked up the win for the Cruisers. He pitched three and a third innings, giving up one run on no hits, walking three, and striking out four.
PITCHING: A. Tozier 5 IP, 8 H, 7 R, 6 BB HIGHLIGHTS: K. Backlund 1-3 with a double, an RBI and a run scored. A. Kistenmacher 1-3 with a double. L. Downey 1-2 with a single.
at win is not only the Cruisers’ rst of the season, but it is also new coach Doug Fillbach's rst win as head coach at Eatonville. Fillbach took over for Mike Moeller a er he stepped down at the end of last season.
Opening the season at Franklin Pierce High School on Tuesday last week, the Cruisers fell behind early and could not dig their way back as they fell 10-6 to the Cardinals.
PITCHING: Z. Burns 2.2 IP, 4 H, 2 R,
Will Sepich led the Cruisers with three hits, going 3-4 at the plate with two singles and a double.
Payton Hanly got the start on the mound for the Cruisers and got tagged with the loss. Hanly pitched three and two-thirds innings and gave up ve runs on six hits while striking out four and walking two.
Looking to bounce back from the season–opening loss, the Cruisers hosted their rivals, the Orting Cardinals on Wednesday.
Again, the Cruisers fell behind early
SOCIAL SECURITY DISABILITY APPLICATIONS
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CAMP LAKEVIEW HOSTING CHILDREN’S FISHING EVENT
featured in the arts, STEM, yoga and more.
Reverend Dominic Chikankheni
253-875-6630 ext. 127 229 Antonie Ave. N. 253-875-6630
Join
Where church is the way it should be!
10:30 AM WORSHIP SERVICE 37117 103rd Ave Ct E, Eatonville, WA www.homespunministries.com
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(360) 832-4315
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Pastor Larry Dorothy
LIVING
10515 269TH ST. E., GRAHAM, WA 98338 www.livingwordlutheranchurch.com
(253) 846-1276
SUNDAY 9:30 AM WORSHIP SERVICE
Camp Lakeview in Graham is hosting a children’s shing event beginning at 8 a.m. April 1 at the campgrounds next to Tanwax Lake, 32919 Benbow Drive East. Organizers are hosting the event to get the community together and excited about the outdoors. e event will feature two large-net pens of trout from which children will sh. Children will receive shing poles and tackle to use. Additionally, there will be prizes, games and food available to buy.
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e event is free and open to children 14 and under, but the whole family is invited for the day with the purchase of a $6 day pass. People can sign up for six di erent ights or time slots the day of the event. Each ight can accommodate up to 75 children. Register at https:// www.camplakeview-at-tanwax.com/ registration.
COLUMBIA CREST HOSTING OPEN HOUSE AND SHOWCASE SLATED
Families are invited to attend the Columbia Crest school open house and showcase event from 6 p.m. to 7 p.m. April 26. Families can meet teachers, see the campus, enjoy refreshments and see learning
BASEBALL from Page 2
in the game and only managed two hits on three runs before the Cardinals claimed a 13-2 victory in a ve-inning mercy rule-shortened game.
Stogsdill led the Cruisers with a couple of hits. He went 2-2 at the plate with a single and double and drove in a run.
Brody irtyacre was credited with the loss for Eatonville. He pitched three innings and gave up six runs on ve hits, walked four batters and struck out two.
BOX SCORE
EATONVILLE 9, WASHINGTON 8
EATONVILLE 4 2 0 2 0 0 1 9 9 4
WASHINGTON 0 1 2 4 1 0 0 8 5 2
PITCHING: P. Hanly - 2.0IP, 0H, 1R, 1BB, 4K. O. Archer – 1.2IP, 6R, 5H, 1BB, 3K. C. Field – 3.1IP, 0R, 1H, 3BB, 4K.
HIGHLIGHTS: K. Smith 3-5, 3B, 2R, 2SB. P. Hanly 2-5, 2B, 3R, RBI, 4SB. C. Field 1-3, 2RBI.
e school is also enrolling preschool through eighth-grade students for the 2023-24 school year. Students may ride one of the direct buses that picks up children as far as Graham and near Roy.
FRIENDS OF EATONVILLE LIBRARY ACCEPTS BOOK DONATIONS
Residents are invited to check out the Eatonville Library lobby for books, CDs and more provided by the Friends of the Eatonville Library to aid the programs the library o ers the community. Book donations are accepted during the week, with Fridays the preferred day. Application forms to join the Friends of the Eatonville Library are also available and welcomed.
ALCOHOL ANONYMOUS MEETINGS OFFERED
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Alcoholics Anonymous is available for people who have a problem with alcohol. Meetings begin at 7 p.m. Tuesdays, noon Wednesdays and 9 a.m. Saturdays at the corner of Carter and Rainier.
ALANON HELP
Alanon is available to help people struggling with a loved one’s drinking. Call 425-830-0314.
0 2 0 0 0 X X 13 8 0
ORTING 3 1 1 1 7 X X 2 3 3
PITCHING: B. irtyacre 3.0IP, 5H, 6R, 4BB, 2K. C. Herbrand 1.2IP, 2H, 7R, 5BB, 2K. J. Suver .1IP, 1H, 0R, 0BB, 0K.
HIGHLIGHTS: M. Stogsdill 2-2 with a single, double and an RBI. C. Field 1-2 with a double and a run scored.
BOX SCORE
FRANKLIN PIERCE 10, EATONVILLE 6 Eatonville
Pierce
PITCHING: P. Hanly 3.2IP, 6 H, 5R, 2BB, 4K. M. Stogsdill .1IP, 0H, 2R, 3BB. O. Archer 2.0IP, 4H, 3R, 1BB, 3K.
HIGHLIGHTS: W. Sepich 3-4 with two singles and a double. C. Field 2-4 with two singles and an RBI. M. Stogsdill 1-1 with a single and an RBI. K. Smith 1-3 with a single and two runs scored.
Cruiser track and field has strong opening to season
By Skip Smith Contributing writer![](https://assets.isu.pub/document-structure/230323152316-1feabda5c64f96f6f438420b85e251d8/v1/97006e3c96d138b89f4c5b904b0ba1e2.jpeg)
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e Eatonville Cruiser track and eld team started o the 2023 season with its rst meet at Hoquiam, ursday.
A mixed classi cation event that saw six teams from the 1B, 2B and 1A ranks, it was a league meet for the Cruisers as they took on Hoquiam and Montesano.
e Eatonville boys came out on top for the overall win while the girls picked up a
second-place nish.
e boys picked up rst-place nishes in six di erent events while the girls picked up four rst-place nishes.
In the shot put, Eatonville's Kyle Cox took the top spot with a throw of 46 feet, 10 inches, while his teammate Tristan Lewis captured second place with a 38foot, ½-inch throw.
In the discus, Cox and Lewis traded places, with Lewis taking the top spot with a 124-foot, 3-inch throw, while Cox
recorded a throw of 122 feet, 1 inch.
Job Kralik captured the top spot in the long jump with a jump of 19 feet, 6 inches.
Joseph Callon grabbed second place with a jump of 15 feet, 11.5 inches.
In the triple jump, Logan Taylor recorded a jump of 40 feet, 5 inches to claim a rstplace nish.
e boys' 4x100 relay team consisting of Walker Bruun, Kralik, Ky Nation and Evan Wimbles outran all other teams by a full two seconds to claim rst place with a time of 46.57 seconds.
e 4x400 relay team of Oscar Lopez-Diaz, Cameron Peace, Dylan Norman and Joseph Mueller also picked up a rst-place nish with a time of 4:03.01, a full six seconds faster than the second-place nishers.
For the girls, Hannah Hanson grabbed rst place in the 100-meter run, while Hannah Kralik captured the top spot in the 400-meter race with a time of 1:09.56.
Grace Coonrod outlasted all other runners in the 1600-meter race to claim the top step of the podium with a time of 5:49.26.
e 4x100 relay team of Ella Gendreau, Hanson, Kralik
and Jenae Roulst captured rst place with a time of 54.35.
On Saturday, a few of Eatonville's athletes were invited to compete in the Rainier Icebreaker Invitational. No fewer than 28 schools — ranging in classi cation from 1B all the way up to 2A, with one friendly Canadian squad thrown in — came to compete.
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e Eatonville boys came 1.5 points away from claiming their second rst-place nish in as many meets. ey settled for second place behind 2A Clover Park while the girls picked up an eighth-place nish.
Cox claimed the only rstplace award on the day for the Cruisers. He grabbed the top spot in the shot put with a 45foot, 9.5-inch throw.
Other notable nishes were:
Job Kralik — second place long jump (19 feet, 2.5 inches)
Logan Taylor — second place triple jump (39 feet, 6.25 inches)
Cole Bamford — second place javelin (141 feet, 7 inches)
Riley Storm — third place javelin (141 feet, 1 inch)
Tristan Lewis — third place shot put (41 feet, 1 inch)
Brooke Blocker — third place javelin (101 feet, 6 inches)
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IN ACCORDANCE WITH THE REVISED CODE OF WASHINGTON (rcw46.55.130), GRAHAM TOWING #5124 WILL SELL ABANDONED VEHICLES TO THE HIGHEST BIDDER ON March 28, 2023 AT 11:00am. PRIOR INSPECTION WILL BE FROM 10:00am UNTIL 11:00am. THIS COMPANY CAN BE CONTACTED AT 253-262-2869. FOR QUESTIONS REGARDING THE AUCTION. THE SALE IS LOCATION IS: 10015 213TH ST E GRAHAM, WA 98338
Published in the Dispatch March 22, 2023
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR THE COUNTY OF PIERCE KEYBANK NATIONAL ASSOCIATION, Plaintiff, vs. WILLIAM L. SPRAGUE; JESSICA S. SPRAGUE, RAFT ISLAND IMPROVEMENT ASSOCIATION, KEYBANK NATIONAL ASSOCIATION, OCCUPANTS OF THE PROPERTY, Defendants. Case No.: 22-2-10785-1 SUMMONS BY PUBLICATION To: WILLIAM L. SPRAGUE; JESSICA S. SPRAGUE, OCCUPANTS OF THE PROPERTY, THE STATE OF WASHINGTON TO THE SAID DEFENDANTS: You are hereby summoned to appear within sixty days after the date of the first publication of this summons, to wit, within sixty days after the 1st day of March, 2023, and defend the above entitled action in the above entitled court, and answer the complaint of the Plaintiff, Keybank National Association, and serve a copy of your answer upon the undersigned attorneys for Plaintiff, McCarthy & Holthus, LLP at the offi ce below stated; and in case of your failure so to do, judgment will be rendered against you according to the demand of the complaint, which has been fi led with the clerk of said court. The basis for the complaint is a foreclosure of the property commonly known as 73 RAFT ISLAND DR NW, GIG HARBOR, WA 98335, Pierce County, Washington as a result of a default under the terms of the note and deed of trust. DATED: February 24, 2023 McCarthy & Holthus, LLP s/Grace Chu Grace Chu WSBA No. 51256 David Swartley WSBA No. 51732 108 1st Avenue South, Ste. 400 Seattle, WA 98104 Attorneys for Plaintiff
Published in the Dispatch March 1, 8, 15, 22, 29 & April 5, 2023
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR PIERCE COUNTY WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST F, Plaintiff, vs. UNKNOWN HEIRS OF GARY RUSSELL; DAVID RUSSELL; PIERCE COUNTY PUBLIC WORKS & UTILITIES; STATE OF WASHINGTON, DEPARTMENT OF LABOR AND INDUSTRIES; JOHN AND JANE DOES, I THROUGH V; and OCCUPANTS OF THE PREMISES, DEFENDANTS. Case No. 22-2-05516-8 ORDER FOR SERVICE BY PUBLICATION AS TO DEFENDANTS THE ESTATE OF GARY RUSSELL, DECEASED, DAVID RUSSELL, THE UNKNOWN HEIRS AND DEVISEES OF GARY RUSSELL, DECEASED; AND JOHN AND JANE DOES, I THROUGH
V, AND ALSO ALL OTHER PERSONS OR PARTIES UNKNOWN, CLAIMING ANY RIGHT, TITLE, INTEREST, LIEN OR ESTATE IN THE PROPERTY HEREIN DESCRIBED THIS MATTER having come before this Court on the Plaintiff’s Motion for an Order granting Plaintiff leave to serve the summons in this action by publication on The Estate of Gary Russell, Deceased; The Unknown Heirs and Devisees of Gary Russell, Deceased, David Russell and John and Jane Does, I through V, and all other persons or parties unknown, claiming any right, title, interest, lien or estate in the property described in the complaint herein; and having reviewed the Court file and pleadings in this action, hereby fi nds:
1. Any persons or parties unknown claiming to have any right, title, interest, estate, lien or interest in the real property described in the complaint are unknown persons who have or may have an interest in the real property at issue in this suit, but whose interest is inferior and junior to WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST F. Said persons or parties cannot be found within the State of Washington and their current residences are not known; and
2. Service of Summons by Publication is authorized by RCW 4.28.100 and RCW 4.28.140. Based on the above fi ndings, it is hereby ORDERED, ADJUDGED AND DECREED THAT:
1. Plaintiff’s Motion is GRANTED; and
2. Plaintiff may serve Defendants The Estate of Gary Russell, Deceased; The Unknown Heirs and Devisees of Gary Russell, Deceased, David Russell, and Jane Does, I through V, and also all other persons or parties unknown, claiming any right, title, interest, lien or estate in the property described in the complaint herein, by publication as provided by law.
DATED this 10th day of March, 2023.
Judge/Court Commissioner Presented by: IDEA Law Group, LLC By: /s/ Ryan
M. Carson Ryan Carson, WSBA # 41057
Attorney for Plaintiff Case: WILMINGTON
SAVINGS FUND SOCIETY VS. GARY RUSSELL Cause Number: 22-2-05516-
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF PIERCE TONY MALCOM AND ALISON MALCOLM, a married couple; PLAINTIFF, vs. PETER KNOWLTON, an individual; and DOES 1-10, INCLUSIVE, DEFENDANT. CASE NO: 23-
2-04374-5 PLAINTIFF’S COMPLAINT (1) PARTITION AND QUIET TITLE BASED ON COMPENSATION ALREADY PAID TO DEFENDANT
I. INTRODUCTION AND PARTIES
1. This action concerns determination of questions affecting title to real property situated within Pierce County, Washington State.
2. Plaintiffs TONY MALCOM and ALISON MALCOM (hereinafter “Plaintiffs” or “Malcolms”) are a married couple residing in Pierce County, Washington at 216 Oak St E, Eatonville, WA 98328.
3. Defendant PETER KNOWLTON (hereinafter “Defendant” or “Knowlton”) is an individual who purchased the real property located at 216 Oak St E, Eatonville, WA 98328 with Plaintiffs.
II. JURISDICTION AND VENUE
4. This action concerns determination of questions affecting title to real property situated within Pierce County.
5. The real property at issue herein is situated within Eatonville.
III. STATEMENT OF FACTS
6. Plaintiffs along with Defendant hold fee-simple title to real property commonly known as at 216 Oak St E, Eatonville, WA 98328 (hereinafter referred to as “the Property”), which is otherwise legally described as: ABBREVIATED LEGAL: LT 3, PC SP, REC NO 8802110312
FULL LEGAL: LOT 3, PIERCE COUNTY SHORT PLAT RECORDED FEBRUARY
11, 1988, ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 8802110312, RECORDS OF PIERCE COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF PIERCE, WASHINGTON. TAX ID NO.: 3660000103.
7. Plaintiffs and Defendant acquired title to the Property in 2021 by statutory warranty deed.
8. Plaintiffs and Defendant acquired the Property at that time by using the Property to secure a note in the amount of Seven Hundred Twenty-Two Thousand Dollars and Zero Cents ($722,000.00) (hereinafter “Mortgage Loan”).
9. To complete this purchase, along with this Mortgage Loan, Thirty-Seven Thousand Three Hundred Seventy-One and Ninety-Six Cents ($37,371.96) cash was paid at closing by Plaintiffs and Defendant towards the sale price of the Property. Plaintiffs paid 75% of these closing monies and Defendant paid 25% of these closing monies.
10. The relevant history of the Property and the Parties is complex but, in summary, is that Mr. Knowlton agreed to remove himself from the title to the Property in exchange for a payment of $101,683.41 which payment was made by Plaintiffs to Defendant in August of 2022.
11. To date, Defendant refuses to remove his name from the title even though he has accepted the payment of $101,683.41 to do so months ago.
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12. As such, Plaintiffs are forced to bring this action for Quiet Title to have Defendant removed from title.
IV. CAUSES OF ACTION
FIRST CAUSE OF ACTION: FRAUD AGAINST DEFENDANT
13. Plaintiffs re-allege and incorporate by reference herein all of the allegations contained in Paragraphs 1 through 12 above.
14. When the parties were negotiating for Plaintiffs to enter into the buyout contract detailed above which included Plaintiffs paying Defendant $101,683.41 in exchange for Defendant removing himself from the deed to the Property, Defendant and his agents made representations that were not true at that time and which Defendant knew were untrue. The Defendant and his agents also and failed to properly make representations that were material to Plaintiffs’ decision to purchase the Subject Property. Those representation and failures to make material representations include, but are not limited to the following:
a. The Property would be deeded in full to Plaintiffs upon payment of the $101,683.41 by Plaintiffs to Defendant; and
b. Defendant would do so to allow Plaintiffs to eventually remove Defendant from the mortgage;
15. Each of these statements was untrue at the time they were made to Plaintiffs.
16. The misstatements of fact above by Defendant and his agents in their contract with Plaintiffs were intentional.
17. At all relevant times, Defendant and his agents aware that Plaintiffs would not reasonably be expected to discover the misstated facts until after Plaintiffs paid Defendant the $101,683.41.
18. Defendant, his agents, and representatives intended to deceive Plaintiffs when they misstated these facts. Plaintiffs did not know the misstated facts when they entered into the contract with Defendant.
19. Plaintiffs reasonably relied on Defendant’s deception when they entered into the contract.
20. As a direct and proximate result of Defendant’s deception, Plaintiffs suffered losses in an amount to be proven at trial.
21. As a direct and proximate result of Defendant’s deception, Plaintiffs have been deprived of their monies as detailed above.
22. Defendant’s wrongful acts were carried on with the intent to cause injury to Plaintiffs. Additionally, the Defendant acted with malice, fraud and/or oppression and, thus, Plaintiffs are entitled to an award of punitive damages. SECOND CAUSE OF ACTION: BREACH OF CONTRACT
23. Plaintiffs re-allege and incorporate by reference herein all of the allegations contained in Paragraphs 1 through 22 above.
24. Defendant breached his contractual duties when Defendant purposely misstated facts to Plaintiffs as detailed above.
25. Plaintiffs bring this claim for the monetary losses, lost interest, attorney’s fees, costs, and other damages that Plaintiffs experienced as a direct and proximate result of Defendant’s breach of contract. THIRD CAUSE OF ACTION: BREACH OF DUTY OF GOOD FAITH AND FAIR DEALING
26. Plaintiffs re-allege and incorporate by reference herein all of the allegations contained in Paragraphs 1 through 25 above.
27. At all material times, the parties’ contract contained an implied covenant of good faith and fair dealing.
28. Defendant breached his implied duty of good faith and fair dealing when Defendant purposely misstated facts to Plaintiffs as detailed above.
29. Plaintiffs bring this claim for the monetary losses, lost interest, attorney fees, costs, and other damages that Plaintiffs experienced as a direct and proximate result of the Defendant’s breach of his implied duty of good faith and fair dealing.
FOURTH CAUSE OF ACTION: QUIET TITLE
30. Plaintiffs incorporate herein by reference the allegations made in paragraphs 1 through 29, inclusive, as though fully set forth herein.
31. Plaintiffs must be declared the OneHundred Percent (100%) of the Property based on the contract detailed above which Defendant has breached by not signing a deed transferring his fi fty percent (50%) interest in the Property to Plaintiffs after receiving the agreed upon $101,683.41 from Plaintiffs.
32. Plaintiffs seek to quiet title against the claims of Defendant.
33. Plaintiffs seek a judicial declaration that the title to a One-Hundred percent (100%) interest in the Property is vested in Plaintiffs alone and that the Defendant and each of them be declared to have no interest estate, right, title or interest in Plaintiffs’ One-Hundred percent (100%) interest in the Property and that the Defendant, his agents and assigns, be forever enjoined from asserting any estate, right title or interest in Plaintiffs’ One-Hundred percent (100%) interest in the Property.
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V. REQUESTS FOR RELIEF
5.1 Plaintiffs request Title in the Property be granted to Plaintiffs alone.
5.2 Plaintiffs request declaratory and injunctive relief.
5.3 Plaintiffs request an award of attorney fees and costs pursuant to statute, or in equity as applicable.
5.4 Plaintiffs request any other and further relief the court deems just and equitable.
DATED: January 24, 2023 THE LAW OFFICES OF JOSEPH W. CREED By: /s/ Joseph W Creed Joseph W. Creed, WSBA #42451 Attorney for Plaintiffs Law Offi ces of Joseph W. Creed 11120 NE 2nd St, Suite 100 Bellevue, Washington 98004 P: 800679-4202 F: 206-299-9886 Published in the Dispatch February 22, March 1, 8, 15, 22 & 29, 2023
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF PIERCE TONY MALCOM AND ALISON MALCOLM, a married couple; PLAINTIFFS, vs. PETER KNOWLTON, an individual; and DOES 1-10, INCLUSIVE, DEFENDANTS. NO: 232-04374-5 SUMMONS TO DEFENDANT PETER KNOWLTON: A lawsuit has been started against you in the above-entitled court by TONY MALCOM AND ALISON MALCOLM. Plaintiffs’ claims are 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 by serving a copy upon the person signing this summons within 20 days after the service of this summons, 60 days if you are outside of the state of Washington, 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 person, you are entitled to notice before a default judgment may be entered. You may demand that the plaintiff fi le this lawsuit with the court. If you do so, the demand must be in writing and must be served upon the person signing this summons. Within 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.
summons is issued pursuant to rule
FAX (206) 299-9886 Published in the
February 22, March 1, 8,
29, 2023 IN THE
COURT OF WASHINGTON FOR PIERCE COUNTY In the Matter of the Estate of: DOROTHY ELOISE OHNSTAD, Deceased. NO. 23-4-00388-
1 PROBATE NOTICE TO CREDITORS (RCW 11.40.030) The administrator/Personal Representative named below has been appointed as administrator of this estate. Any person having a claim against the decedent must, before the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in RCW 11.40.070 by serving on or mailing to the administrator or the administrator’s attorney at the address stated below a copy of the claim and fi ling the original of the claim with the court. The claim must be presented within the later of (1) Thirty days after the administrator served or mailed the notice to the creditor as provided under RCW 11.40.020(3); or (2) four months after the date of first publication of the notice. If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.40.051 and 11.40.060. This bar is effective as to claims against both the decedent’s probate and nonprobate assets. Date of filing copy of notice to creditors: March 1, 2023. Date of first publication: March 8, 2023. DATED this 28th day of February, 2023. DONALD WILLIAM OHNSTAD Personal Representative/Administrator BURNS LAW, PLLC 524 Tacoma Ave. S. Tacoma, Washington 98402 Telephone: (253) 507-5586 Facsimile: (253) 507-5713 Published in the Dispatch March 8, 15 & 22, 2023 IN THE SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY In the matter of the Estate of: MITCHELL K. WILLIAMS, Deceased. NO. 23-4-00176-4
NOTICE TO CREDITORS The Administrator named below has been appointed as Administrator of this estate. Any person having a claim against the Decedent must, before the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in RCW 11.40.070 by serving on or mailing to the Administrator or the Administrator’s attorney at the address stated below a copy of the claim and filing the original of the claim with the court in which the probate proceedings were commenced. The claim must be presented within the later of: (1) Thirty days after the Administrator served or mailed the notice to the creditor as provided under RCW 11.40.020(1)(c); or (2) four months after the date of first publication of the notice. If the claim is not presented within this timeframe, the claim is forever barred, except as otherwise provided in RCW 11.40.051 and 11.40.060. This bar is effective as to the claims against both the decedent’s probate and nonprobate assets. ADMINISTRATOR: LORI McPHILLIPS DATE OF FILING COPY OF NOTICE TO CREDITORS: March 13, 2023. DATE OF FIRST PUBLICATION: March 22, 2023. DATED this 13th day of March, 2023. Attorney for Administrator: Mindie Flemins, WSBA #40010 Burns Law, PLLC 524 Tacoma Avenue South Tacoma, WA 98402 (253) 507-5586 Published in the Dispatch March 22, 29 & April 5, 2023
ORIGINAL TRUSTEE SALE RECORDED ON 11/22/2022 IN THE OFFICE OF THE PIERCE COUNTY RECORDER. NOTICE OF TRUSTEE’S SALE File No.:17-120613
Title Order No.:170248091 Grantor: Patrick A. Esler and Anna E. Esler Current beneficiary of the deed of trust: Nationstar Mortgage LLC d/b/a Mr. Cooper Current trustee of the deed of trust: Aztec Foreclosure Corporation of Washington Current mortgage servicer of the deed of trust: Nationstar Mortgage LLC Reference number of the deed of trust: 200807280163 Parcel number(s): 6400012260 Abbreviated legal description: LOT 4, BLOCK 10, NORTH
SHORE COUNTRY CLUB ESTATE DIVISION NO. 1 Commonly known as: 3571 41st Street NE, Tacoma, WA 98422 I. NOTICE IS HEREBY GIVEN that the undersigned Trustee, AZTEC FORECLOSURE CORPORATION OF WASHINGTON will on March 31, 2023, at the hour of 10:00 am at the Second Floor Entry Plaza outside the Pierce County Courthouse, 930 Tacoma Avenue South, Tacoma, WA, State of Washington, sell at public auction to the highest and best bidder, payable at time of sale, the following described real property, situated in the County of Pierce, State of Washington, to-wit: Lot 4, Block 10 of NORTH SHORE COUNTRY CLUB ESTATES DIVISION NO. 1, according to Plat recorded in Book 58 of Plats at Pages 1 to 7, inclusive, records of Pierce County, Washington. Situate in the City of Tacoma, County of Pierce, State of Washington. which is the subject of that certain Deed of Trust dated June 26, 2008, recorded July 28, 2008, under Auditor’s File No. 200807280163, records of Pierce County, Washington, from Patrick A. Esler and Anna E. Esler as Grantor, to None set out as Trustee, to secure an obligation in favor of Mortgage Electronic Registration Systems, INC. (“MERS”) as nominee for Golden First Mortgage Corp., A New York Corporation its successors and assigns as Benefi ciary, which as assigned by Mortgage Electronic Registration Systems, INC. as nominee for Golden First Mortgage Corp., A New York Corporation to Nationstar Mortgage LLC under
an assignment recorded at Instrument No. 201504030965. II. No action commenced by the Benefi ciary of the Deed of Trust is now pending to seek satisfaction of the obligation in any Court by reason of the Borrower’s or Grantor’s default on the obligation secured by the Deed of Trust. III. The Default(s) for which this foreclosure is made is/are as follows: Failure to pay when due the following amounts which are now in arrears: Delinquent monthly payments from the October 1, 2017 installment on in the sum of $120,250.20 together with all fees, costs and or disbursements incurred or paid by the benefi ciary and or trustee, their employees, agents or assigns. The Trustee’s fees and costs are estimated at $9,686.44 as of November 21, 2022. The amount to cure the default payments as of the date of this notice is $132,262.11. Payments and late charges may continue to accrue and additional advances to your loan may be made. It is necessary to contact the benefi ciary or Trustee prior to the time you tender the reinstatement amount so that you may be advised of the exact amount you would be required to pay. IV. The sum owing on the obligation secured by the Deed of Trust is: Principal Balance $269,227.93, together with interest in the Note or other instrument secured from September 1, 2017, and such other costs and fees as are due under the Note or other instrument secured, and as are provided by statute. The amount necessary to pay off the entire obligation secured by your Deed of Trust as the date of this notice is $367,666.92. Interest and late charges may continue to accrue and additional advances to your loan may be made. It is necessary to contact the benefi ciary or Trustee prior to the time you tender the payoff amount so that you may be advised of the exact amount you would be required to pay. V. The above-described real property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by statute. The sale will be made without warranty express or implied regarding title, possession, or encumbrances on March 31, 2023. The default(s) referred to in paragraph III, together with any subsequent payments, late charges, advances, costs and fees thereafter due, must be cured by March 20, 2023 (11 days before the sale date), to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before March 20, 2023 (11 days before the sale date), the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, advances, costs and fees thereafter due, is/are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after March 20, 2023 (11 days before the sale date), and before the sale by the Borrower, Grantor, any Guarantor or the holder of any recorded junior lien or encumbrance paying the entire principal and interest secured by the Deed of Trust, plus costs, fees and advances, if any, made pursuant to the terms of the obligation and/or Deed of Trust, and curing all other defaults. VI. A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following addresses: Patrick A. Esler a/k/a Patrick Aidan Esler 3571 41st Street NE Tacoma, WA 98422 Patrick A.
WA 98409 Occupant(s)
rst class and certifi ed mail on
NE Tacoma, WA 98422 by both
2019 proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on May 29, 2019 with said written notice of default or the written notice of default was posted in a conspicuous place on the real property described in paragraph I above, and the Trustee has possession of proof of such service or posting. The declaration by the benefi ciary pursuant to RCW 61.24.030(7)(a) was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the above addresses on May 29, 2019, proof of which is in possession of the Trustee. VII. The Trustee whose name and address are set forth above, and whose telephone number is (360) 2538017 / (877) 430-4787 will provide in writing to anyone requesting it, a statement of
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