HomeMy WebLinkAboutSuperior Court Hearing - BLD Letters / Memos - 7/23/2014 I
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7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF MASON
8 JAMES POWER and LARRY POWER, NO. 12-2-00027-5
9 husband and wife, and the marital community
composed thereof,
10 Plaintiffs DECLARATION OF PATRICK
II V. WHEAT
PATRICK WHEAT and DONNA WHEAT,
12 and the marital community thereof; and O
MELINDA WHEAT and TED HARWOOD,
13 and the marital community thereof, and BETTY
MCCONKEY, a single individual
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Defendants.
15 PATRICK WHEAT,being first duly sworn on oath deposes and states as'follows:
16 1. I am a Defendant in this matter.
17 2. We decided we wanted to put a hot tub on the roof deck of the new cabin shortly
18 after we turned our house plans into Mason County in March of 2007. I hired an engineer
19 to do the necessary calculation and submitted the engineering to Mason County in August
20 of 2007. Attached hereto, marked Exhibit "A" is a true and correct copy of Harold
21 Henkel's engineering requirements. We then built the roof deck to handle the new loads
22 and to conform to the engineer's requirements. This work and the rest of our normal
23 framing was inspected and signed off on January 4, 2010. All of this documentation is the
24 county file for inspection.
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HOSS&WILSON-HOSS,LLP
Declaration of Patrick Wheat Cause No. 12-2-00027-5 ATTORNEYS AT LAW
POWERV.WHEAT Page 1 of 236 WEST BIRCH STREET
SHELTON,WASHINGTON 98584
1360)426-2999 FAX 42(r6715
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2 3. James Power not only knew about the engineering in 2007 from our many
3 discussions, he paid one-third of Harold HenkeVs engineering bill. James Power hired an
4 engineer who claims the roof deck cannot support the hot tub load, but the engineer
5 doesn't know what construction material or methods were used. The joists are covered
and James Power never gave his engineer the original Harold Henkel engineering detail.
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4. On July 15, 2014 I received a copy of James Power email about the hot tub and
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building permit for the roughed in bedrooms. Attached hereto, marked Exhibit "A" is a
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true and correct copy of James Power's July 15,2014 email.
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5. James and Larry Power know that my mother, sister and I wish to have no future
10 contact with them at all. As long as James and Larry Power have access to my mother's
11 apartment they can continue to force contact with Defendants who have no wish to ever
12 see them again.
13 6. My mother, my sister and I have discussed conflicts with having one lawyer
14 represent us, and Mr. Hoss pointed this conflict out from before we hired him. We have
15 all signed a written consent to his potential for conflict of interest, and we recently
16 renewed this written consent. All Defendants have the same common enemy.
7. if this court is considering granting any of Power's requests then the Defendants
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should have the right to present witnesses, documents and have a hearing. We thought
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when we all agreed to the stay of litigation this wouldn't be necessary.
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I CERTIFY AND DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE
20 STATE OF WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT TO THE BEEST
OF MY KNOWLEDGE AND BELIEF.
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23 Date Place of Signings, PATRICK WHEAT
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25 1loss&w1LSON-HOSS.Ll.P
QeclarationofPatrickWheat Cause No. 12-2-00027-5 ,ATTORNEYS AT LAW
36WEyI•RTFLcHSTREFT
PowtRv.WiiuA-r Paget of2 SHk .TON_WASHINGTON99584
QW)426-P199 FAX 426.6715
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