|FIRST JUDICIAL DISTRICT COURT
COUNTY OF SANTA FE
STATE OF NEW MEXICO
Washington Mutual Bank, F.A.,
Successor by merger to Bank United,
Karen M. Kline, Et. al.
Karen M. Kline
Third Party Plaintiff
City of Santa Fe, E. W. Sargent,
Manhattan Condominium Unit Owners’ Association,
Dorrie Deal, Robert Horestler, Robert Hunt, Linda Hunt,
Sole Two Crow, Ed Crocker, Accent Property Management,
Somers Law Firm, Shapiro and Meinhold, Wells Fargo,
Third Party Defendants,
COMES NOW Defendant pro se, Karen Kline, as Third Party Plaintiff, and amends
the Complaint to read as follows:
1. Plaintiff, Karen Kline, is a resident of Santa Fe County.
2. Defendant, the City of Santa Fe, is in Santa Fe County.
3. Defendant, E.W. Sargent, does business in Santa Fe County as a Realtor and the
Broker of Santa Fe Properties.
4. Defendant, Manhattan Condominium Unit Owners’ Association, is organized in
Santa Fe County.
5. Defendant, Dorrie Deal, owns a condo at 729 W. Manhattan, Santa Fe, in Santa
6. Defendant, Robert Hoerstler, owns a condo together with his wife, Dorrie Deal,
at 729 W. Manhattan, Santa Fe, in Santa Fe County.
7. Defendant, Robert Hunt, is a resident of Durango, Colorado but owns a condo at
729 W. Manhattan in Santa Fe, Santa Fe County, in which he also resides.
8. Defendant, Linda Hunt is a resident of Durango, Colorado but owns with her
husband a condo at 729 W. Manhattan in Santa Fe, Santa Fe County, in which she
9. Defendant, Sole Two Crow, owns two condos at 729 W. Manhattan, Santa Fe, in
Santa Fe County.
10. Defendant, Accent Property Management does business in Santa Fe County.
11. Defendant, Sommer Law firm is in Santa Fe County and has lawyers Karl
Sommer and Kurt Somer.
12. Third party defendants Manhattan Condominium Unit Owners’ Association,
Dorrie Deal, Robert Horestler, Robert Hunt, Linda Hunt, and Sole Two Crow, by
willfully and maliciously refusing to pay what they owe have caused this foreclosure
13. The nature of this case is that I have a case for damages because my home, a
condo, was permitted to be built over a privy pit that was not disclosed to me and
caused damage, and as a result I am in financial hardship.
14. My health has been damaged by toxic fumes caused by the privy pit.
15. All the condo owners own the lot where the privy pit was located.
16. The condo association has a duty to take care of the common area.
17. The association officers have a duty to fulfill their offices and their failure to do
so has hurt and damaged me.
18. Somer Law Firm attorneys re-wrote the bylaws so that I was denied any say in
my property, which has harmed and damaged me.
19. The property management business has agreed to take care of the common
areas, but it hasn’t, which is damaging me.
20. Ed Crocker said that the pier he installed was compromised due to where it was
21. Wells Fargo mismanaged my money in several transactions impacting this
22. During my bankruptcy the Shapiro and Meinhold lawyer lied to me about
liability of her client, this lie has impacted my ability to fulfill my plan and attain the
financial security meant to be provided by chapter ll.
WHEREFORE damages should be awarded me to remedy the injuries and damages
I am suffering, and costs should be awarded to me.
Karen Marie Kline
Santa Fe, New Mexico 87507
CERTIFICATE OF SERVICE:
I hereby certify that a true and correct copy of the foregoing was mailed on
September 23, 2004, to:
Sharon Hankla and Kelly J. McMullen @ Shapiro & Meinhold
13725 Struthers Road, CO 80921
Manhattan Condominium Unit Owner’s Association, 729 W. Manhattan Unit # 2,
Santa Fe, NM 87501
Address of Registered Agent, Robert Hunt
Dorrie Deal, 729 W. Manhattan Unit # 1, Santa Fe, New Mexico 87501
Robert Hoerstler, 729 W. Manhattan Unit # 1, Santa Fe, New Mexico 87501
Robert Hunt, 729 W. Manhattan Unit # 2, Santa Fe, New Mexico 87501
Linda Hunt, 729 W. Manhattan Unit # 2, Santa Fe, New Mexico 87501
Sole Two Crow, 729 W. Manhattan Units # 4 and 5, Santa Fe, New Mexico
Because I don’t have enough money for all of the service and copies until after I get
next month’s rent,
I hereby certify that a true and correct copy of the foregoing will be mailed on
October 4, 2004, to:
City of Santa Fe, 200 Lincoln Ave., Santa Fe, New Mexico 87501
E.W. Sargent, 1000 Paseo de Peralta, Santa Fe, New Mexico 87501
Ed Crocker, 227 E. Palace, Suite O, Santa Fe, New Mexico 87501
Accent Property Management, 1050 Paseo de Peralta, Santa Fe, New Mexico 87501
Sommer Law Firm, 200 W. Marcy, Santa Fe, New Mexico 87501
Wells Fargo, Secretary of State for the State of New Mexico, 325 Don Gaspar,
|AMENDED THIRD PARTY COMPLAINT IN RELATION TO
DEFENDANTS MANHATTAN CONDOMINIUM UNIT OWNERS’
ASSOCIATION, DORRIE DEAL, ROBERT HOERSTLER, ROBERT HUNT,
LINDA HUNT AND SOLE TWO CROW
|47-7A-12. Unconscionable agreement or term of
A. The court, upon finding as a matter of law that a contract or
contract clause was unconscionable at the time the contract was
made, may refuse to enforce the contract, enforce the remainder of
the contract without the unconscionable clause or limit the application
of any unconscionable clause in order to avoid an unconscionable
B. Whenever it is claimed, or appears to the court, that a contract
or any contract clause is or may be unconscionable, the parties, in
order to aid the court in making the determination, shall be afforded a
reasonable opportunity to present evidence as to unconscionability,
(1) the commercial setting of the negotiations;
(2) whether a party has knowingly taken advantage of the
inability of the other party reasonably to protect his interests by
reason of physical or mental infirmity, illiteracy or inability to
understand the language of the agreement or similar factors; and
(3) the effect and purpose of the contract or clause.
47-7A-13. Obligation of good faith.
Every contract or duty governed by the Condominium Act [47-7A-1
to 47-7D-20 NMSA 1978] imposes an obligation of good faith in its
performance or enforcement.
47-7A-14. Remedies to be liberally administered.
A. The remedies provided by the Condominium Act [47-7A-1 to
47-7D-20 NMSA 1978] shall be liberally administered in order that
the aggrieved party is placed in as good a position as if the other party
had fully performed. However, consequential, special or punitive
damages shall not be awarded except as specifically provided in
the Condominium Act or by other law.
B. Any right or obligation declared by the Condominium Act is
enforceable by judicial proceeding.
|Background: The ADA, Title II
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