KingCast/Mortgage Movies

https://mortgagemovies.blogspot.com/2019/01/kingcast-and-mortgage-movies-observe.html

KingCast: Work in the Common Interest for thirty (30) years and counting.

Bar Materials: pp 1 to 11

Lawsuit Materials pp 11 to 62
 1 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING
2

3
SHELLEY ERICKSON ) CASE NO. 19-2-03007-1SEA
4
Plaintiff,
5 )
vs.
6 ) JUDGE INVEEEN
And
7 SMITH NATURAL
RESOURCES LAW PLLC, )
8
Defendants. )
9

10
NINETY (90) DAY SUMMONS
11

12 TO THE DEFENDANT: A lawsuit has been started against you in the above-entitled court
13
by Shelley Erickson, Plaintiff. Plaintiff’s claim is stated in the written complaint; a copy of this is
14
served upon you with this summons.
15
In order to defend against this lawsuit, you must respond to the claim by stating your defense
16
in writing, and by serving a copy upon the person signing this summons within NINETY (90) days
17
after the service of this summons, excluding the day of service, or a default judgment may be entered
18
against you without notice. A default judgment is one where the plaintiff is entitled to what he asks for
19
because you have not responded. If you serve a notice of appearance on the undersigned person, you
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are entitled to notice before a default judgment may be entered.
21
You may demand that the plaintiff file this lawsuit with the court. If you do so, the
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demand must be in writing and served upon the person signing this summons. Within 14 days
23

24

25

26
 1 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING
2

3
SHELLEY ERICKSON ) CASE NO. 19-2-03007-1SEA
4

5 Plaintiff,
)
6 vs.
) JUDGE INVEEN
7 JILL SMITH, ESQ.,
And
8 SMITH NATURAL
RESOURCES LAW PLLC, )
9
Defendants. )
10

11 PROOF OF SERVICE AND

SUMMONS BY MAIL PURSUANT TO RCW 26.50.123
12
1. My name is ADAM WINQUIST. I am not a party to this case. I am 18 years of age or
13
older.
14

2. The Court signed an Order dated March______ 2019 that allows me to serve the
15

16 documents listed below:

17 The Motion to Serve by Mail

This New Summons by Mail.
18 The Order to Serve by Mail
The Underlying Ninety (90) Day Summons.
19 The Instructions.
The Complaint.
20 Plaintiff’s First Set of Interrogatories, Request for Production of Documents and Request for
Admissions.
21
3. On October _____ 2019 I personally mailed two copies of the documents listed below to JILL
22 SMITH, ESQ., And SMITH NATURAL RESOURCES LAW PLLC., at the last known mailing
address as well as her home address, which are, respectively:
23
5306 Ballard Avenue NW
24 Suite 217, Seattle WA 98107

25 And

26 1521 NW 54st St. Apt. 604, Seattle, WA 98107

Summons (20 Days)- 1

 1 I Declare under penalty of Perjury under the laws of the State of Washington that the statements
2 on this form are true.
3
Signed at (city and state)_____________________________ Date:___________________
4

5
________________________ _______________________________________
6 Signature of Server Print or Type Name of Server

7
To the party having these documents served:
8 • File the Original Proof of Service my with the court clerk
• If you served a Restraining Order signed by the court, you must also give a copy of this
9 Proof of Service by Mail and a Law Enforcement Information Sheet to law enforcement.

10

11 Tape return receipt below:

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

Summons (20 Days)- 2

 King
Superior Court of Washington, County of
In re: Shelley Erickson

Petitioner/s (person/s who started this case): 19-2-03007-1SEA

No.

Motion to Serve by Mail

(MTSM)
And Respondent/s (other party/parties):
Jill Smith & Smith Natural Resources Law,
PLLC

Motion to Serve by Mail

Important! The person making this motion must ask the court to sign an Order to Allow Service by Mail (form FL All
Family 105) either at a hearing or at ex parte. Contact the court for scheduling information.
1. I am the (check one): X Petitioner Respondent in this case.

2. I ask the court to allow me to serve the other party the Summons and Petition for this case
by mail because service by mail will be as effective as service by publication and because
(check all that apply):
X The other party cannot be found in Washington State because (check all that apply):
s/he has left Washington State to avoid being served.
Text
s/he is hiding to avoid being served.

Warning! If you serve someone by publication only for the reasons listed below, the court may not have
personal jurisdiction over that person. This may limit the court’s ability to divide property and debts, award
money, set child support or spousal support, or approve a restraining order or protection order.

The other party does not live in Washington State.

I cannot find the other party to serve him/her. I have made a reasonable search as
described below.
I am not positive that Defendant has left the forum state but we believe that
Other (explain):
she may have left the State as I believe she has another valid law license
elsewhere.

RCW 4.28.100; CR 4 (d)(4) Motion to Serve by Mail

Mandatory Form (05/2016)
FL All Family 104 p. 1 of 3
3. Give facts that support your statements in section 2 above:
reports:

“I have exhausted all attempts at locating Defendant for process service and
it is my

professional opinion that Defendant is knowingly evading service.”

See Exhibit A.

4. List what you did to try to find the other party:

What you did Date you did this What you learned
Phone calls, direct visits,
See Exhibit A That she is evading Service
emails

5. List attempts to serve the other party in person:

What was done Who did it Date What happened
Phone calls, direct visits, emails. Adam Winquist Ex. A Defendant Ignored Everything

6. The court papers should be mailed to the other party at the address/es listed below.
(List all addresses where the other party may receive the court papers):
Last known5306
mailing address:
Ballard Avenue NW Suite 217, Seattle WA
98107
street number or P.O. box city state zip

RCW 4.28.100; CR 4 (d)(4) Motion to Serve by Mail

Mandatory Form (05/2016)
FL All Family 104 p. 2 of 3
 Name and address of the other party’s parent or nearest living relative:
Name: N/A

street number or P.O. box city state zip

N/A
This address should be used because (explain):

Other address:
Jill Smith Home Address
In care of (name):
1521 NW 54st St. Apt. 604, Seattle, WA
98107
street number or P.O. box city state zip
This address should be used because (explain):
It could be an alternate address as it is her home address. We have tried all addressed for
her.

7. Are you trying to serve a Non-Parent Custody Petition? Yes No

If Yes, are the children listed in the Petition living with you now? Yes No

I declare under penalty of perjury under the laws of the state of Washington that the facts I have
provided on this form are true.
Seattle, Washington March 4, 2019
Signed at (city and state): Date:
Shelley Erickson
Person making this motion signs here Print name here

RCW 4.28.100; CR 4 (d)(4) Motion to Serve by Mail

Mandatory Form (05/2016)
FL All Family 104 p. 3 of 3
 1
EXHIBIT A
2

7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

8 IN AND FOR THE COUNTY OF KING

9
⏐
10 ⏐
SHELLEY ERICKSON, ⏐ NO. 19-2-03007-1 SEA
11 ⏐
Plaintiff ⏐
12 ⏐
⏐ DECLARATION OF DUE DILIGENCE -
13 ⏐ ADAM WINQUIST
vs.
⏐
14 ⏐
JILL SMITH, ESQ., And SMITH ⏐
15 NATURAL RESOURCES LAW, PLLC, ⏐
⏐
16 ⏐
Defendants. ⏐
17 ⏐
⏐
18

19
I declare under penalty of perjury under the laws of the State of Washington
20
that the following is true and correct.
21

22
My name is Adam Winquist. I am a licensed Private Investigator in the State
23
of Washington. I am over the age of 18 and am not an interested party in
24
the above-entitled action. I have been a licensed in the State of
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Declaration of Service 1
 1 Washington since 2001 and have performed countless process services

2 throughout that time.

4 On January 31st, 2019 my firm was contacted by Plaintiff Shelley Erickson

5 and her associate Chris King asking for my assistance in locating and

6 serving Defendant Jill Scott. I ran Defendant’s name through a database and

7 was provided two addresses that I believed to be the Defendant’s home

8 address (1521 NW 54st, Apt 604, Seattle, WA 98107) and a business address

9 (5306 Ballard Ave NW, #217, Seattle, WA) Defendant’s home address is located

10 in a secured building. The below dates outline my attempts at serving

11 Defendant:

12

13 1. February 1st, 2019 10:00 a.m. – No answer on call box outside locked

14 building. Gained access to building and parking garage. No answer

15 on Defendant’s door and no sign of Defendant’s vehicle in parking

16 garage. Attempted business address – locked (unmarked) door – no

17 answer.

18 2. February 2nd, 2019 7:32 p.m. – No answer on call box.

19 3. February 5th, 2019 6:00 a.m. to 9:30 a.m. – Waited outside parking

20 garage in attempt to locate Defendant entering/exited building. No

21 sign of Defendant. No answer on call box. Gained access to

22 building – no answer at door. Attempted business address – locked

23 (unmarked) door – no answer. Spoke to neighbor’s who were not

24 familiar with Ms. Smith or her business.

25

Declaration of Service 2
 1 4. February 6th, 2019 9:45 a.m. – No answer on call box. No answer on

2 door at Defendant’s office address.

3 5. February 6th, 2019 6:18 p.m. - Gained access to building – No answer

4 on Defendant’s door. No answer on call box.

5 6. February 18th, 2019 7:00 a.m. to 9:15 a.m. Waited outside parking

6 garage in attempt to locate Defendant entering/exited building. No

7 sign of Defendant. No answer on call box

8 7. February 18th, 2019 7:05 p.m. – No answer on call box.

9 8. February 26th, 2019 10:12 a.m. – No answer on call box.

10

11 Attempts were also made to contact Defendant via her cell-phone through text

12 messages and phone calls. Plaintiff also attempted to contact Defendant via

13 email and. Defendant did not respond to requests via text, email, or phone.

14 I periodically ran Defendant’s name through various database throughout this

15 time and no new addresses had been reported. As of today, February 26th,

16 2019, Defendant’s home address is listed as current through WA DOL. I have

17 exhausted all attempts at locating Defendant for process service and it is

18 my professional opinion that Defendant is knowingly evading service.

19

20

21 Signed: [original signed on file with court}

22 Adam Winquist

23 Date: February 26, 2019

24 Place: Kenmore, WA

25

Declaration of Service 3
 Note: Service was actually accepted by mail so it is
a reasonable and reliable manner of service.

The Bar Association has noted similar concerns about

Defendant’s failure to respond to them as well.