26 Twila Markham v Gerald Markham Final Orders 13-3-08383-7 SEA

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FILED15 FEB 06 PM 4:26

KING CO UNTY SUPER IO R CO URT CLERK

E'-FILEDCASE NUMBER: 13-3-08383-7 !

IN THE SUPERIOR COURT OF WASHINGTON IN AND FOR KING COUNTY

In re the Marriage of: ))

TWILA MARKHAM. ))

Petitioner, ) and )

)GERALD WAYNE MARKHAM, )

)Respondent. )

NO. 13-3-08383-7 SEA

PE TIT IO N ER ’S M OTION FO R PRESENTATION AND ENTRY OF FINAL ORDERS AND TO CONFIRM ARBITRATION RULINGS

COMES NOW the Petitioner/Wife. TWILA MARKHAM, by and through her

Attorney o f Record, KARMA L. ZAIRE of Michael W. Bugni & Associates, PLUG, and

moves this court for an order granting the following relief:

I. RELIEF REQUESTED

1.1 Entry o f the arbitrated final orders: (1) Findings of Fact and Conclusions o f Law; and (2) Decree o f Dissolution (including Exhibits H and W);

1.2 Confirmation of the arbitration rulings dated 2/4/15; and

1.3 Enforce the 1/26/15 order confirming arbitration ruling by requiring the Respondent to sign the odometer disclosure statement for the Volvo awarded to the Petitioner within five days o f the court’s order, and impose daily sanctions for each day after which that he fails to do so.

II. STATEMENT OF FACTS

Petitioner’s Motion for Presentation and Entry o f FinalOrders and to Confirm Arbitration Rulings - Page ] o f 5

LAW OFFICES_______________________M ic h a e l W . B u g n i & Assoc., p l l c11303 ROOSEVELT WAY NE, STE. 300 SEATTLE, WA 98125(206) 36S-55D0 . FACSIMILE (206) 363-806?

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This matter arises out o f a petition for dissolution of marriage filed May 9, 2013. The

parties were represented by counsel and engaged in settlement negotiations on April 17, 2014.

A CR 2 A Agreement was signed on that date. Arbitration regarding disputes over the drafting

o f final orders was initiated on April 25,2014 by the Petitioner/Wife for resolution o f

disputes. There have been multiple decisions on various issues. Arbitrated final orders were

provided by the arbitrator. Since that time, additional decisions have been issued and other

issues have been resolved.

The parties signed an agreed order on January 21, 2015 extending the deadline for the

entry o f final orders to February 27,2015, confirming the arbitrator’s rulings o f 1/13/15 and

1/14/15 which set a briefing schedule for the resolution o f final orders, and providing that the

arbitrator shall issue a decision regarding final orders, to include arbitrated final orders, in

time to permit their entry prior to February 27,2015. Exhibit 1.

The arbitrator issued his decision on February 4, 2015, including arbitrated final

orders. The Petitioner therefore requests that the court enter these arbitrated final orders in

accordance with the parties’ agreement.

The arbitration ruling o f 1 /13/14 required the Respondent to sign an odometer

disclosure statement within five days o f his receipt o f the document from the Petitioner. See

Exhibit 1. The disclosure statement was sent to the Respondent on January 29,2015. Exhibit

2. The Respondent has failed to provide any response. Therefore, the Petitioner requests that

the court enforce this arbitration ruling, which has been reduced to order, by requiring the

Petitioner’s Motion for Presentation and Entry of FinalOrders and to Confirm Arbitration Rulings - o f 5

LAW OFFICES_______________________M ic h a e l W. B u g n i & Assoc., p l l c11300 ROOSEVELT WAY NE. STE. 300 SEATTLE. WA 98125(205) 365-5500 • FACSIMILE (206) 363-8067

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Respondent to sign the document within five days o f the court’s order and imposing sanctions

for each day after which he fails to do so.

m . STATEMENT OF ISSUES

3.1 Should the court enter the arbitrated Decree o f Dissolution and Findings of Fact and Conclusions o f Law?

3.2 Should the court confirm the arbitration rulings o f 7/22/14, 9/30/14,10/30/14 and 2/4/15 pursuant to ROW 7.04A.220?

3.3 Should the court enforce the 1/26/15 order confirming arbitration ruling by requiring the Respondent to sign the odometer disclosure statement for the Volvo awarded to the Petitioner within five days o f the court ’s order, and impose daily sanctions for each day after which that he fails to do so?

IV. EVIDENCE RELIED UPON

This motion is based on the records and files herein.

V. LEGAL AUTHORITY

The Petitioner’s motion is brought under RCW 26.09, RCW 7.04A, and King County

LFLR 5 and 6.

Confirmation of Arbitrator’s Decisions. Once an arbitration decision has been issued,

the “arbitrator’s award will not be vacated or modified”; the court must enter a confirming

order unless there is an error of law.1 In this case, there is no asserted error o f law'. The

arbitration awards have already been issued and the court has authority to confirm said awards 5

5 See Davidson v. Hensen. 135 Wn.2d 112, 118 (1998). In the absence of an error o f law on the face of the award, arbitrator's award will not be vacated or modified. Id- Ifrequestcd by a party, trial court must confirm arbitration award unless it is vacated or modified pursuant to statute. Clearwater v. Skyline Const. Co.. Inc.. 67 Wn.App. 305, 315 (1992).

Petitioner's Motion for Presentation and Entry o f FinalOrders and to Confirm Arbitration Rulings - o f 5

LAW OFFICES_______________________M ic h a e l W. B u g n i & Assoc., p l l c11300 ROOSEVELT WAY NE, STE. 300 SEATTLE. WA 98125(206) 365-5500 • FACSIMILE (206) 363-8067

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by motion without oral argum ent2 In fact, the court is specifically limited from doing

anything but confirming the arbitration awards unless a statutory basis exists for vacating,

modifying or correcting the awards.3 RCW 7.04A is the statute governing the current

proceeding. Pursuant to RCW 7.04A. 190.4 5 the arbitrator must issue the decision in writing

and must provide a copy to both parties. The arbitrator provided written decisions on 7/22/14,

9/30/14,10/30/14 and 2/4/15, and the Wife has now filed a motion for the court to confirm

these arbitration awards pursuant to 7.04A.220.5 Thus, these decisions should be immediately

confirmed.

VI. PROPOSED ORDERS

2 See Hanson v. Shi m. 87 Wn.App. 538, 554 (1997). Trial court did not violate due process righ ts o f party challenging arbitration decision by entering judgment confirming award without hearing; court considered arguments o f party contained in written submissions. Id.

3 See Barnett v. M icks. 119 Wn.2d 151,156 (1992), reconsideration denied. If none of statutory bases exists for vacating, modifying, or correcting arbitration award, court must, on motion of one of parties within one year of award, confirm arbitration award. Id. Superior court’s authority in arbitration proceedings is limited to confirming, vacating, modifying, or correcting award. Petersen v. United Services Auto. Ass’n. 91 WruApp.212,215 {1998); Trial court reviewing arbitration award may only confirm, vacate, modify, or correct arbitration award based on identified statutory grounds; it may not look behind face of award to determine if additional amounts might be appropriate. Anderson v. Farmers Ins. Co. o f Washington. 83 Wn.App. 725,733, (1996) amended on denial of reconsideration, review denied 132 Wa$h.2d 1006. Superior Court has limited power of either confirming, vacating, modifying, or correcting arbitration award. ACF Property Management. Inc. v. Chaussee. 69 Wn.App. 913. 918-19(1993), review denied 122 Wash.2d 1019. Judicial review of an arbitration award in the context of a proceeding to confirm the award is exceedingly limited: court may confirm, vacate, modify, or correct an arbitrator’s award in accordance with applicable statutory provisions, but judicial review does not include a review o f the merits of the case and, ordinarily, the evidence before the arbitrator will not be considered by the court. Davidson v. Hensen. 135 Wn.2d at 119 (citing Barnett v. Hicks. ! 19 Wash.2d at 157).

4 RCW 7.04A. 190(1) states, “ An arbitrator shall make a record of an award. The record must be authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.”

5 RCW 7.04 A.220 states, “After a party to an arbitration proceeding receives notice o f an award, the parly may file a motion with the court for an order confirming uie award, at which time the court shall issue such an award unless the award is modified or corrected under RCW 7.04A.200 or 7.04A240 or is vacated under RCW 7.04A.230”

Petitioner’s Motion for Presentation and Entry o f FinalOrders and to Confirm Arbitration Rulings - o f 5

LAW OFFICES_______________________M ic h a e l W. B u g n i & Assoc., p l l c11300 ROOSEVELT WAV NE, S TE 300 SEATTLE, WA 98125(206) 365*5500 ♦ FACSIMILE (206) 363*8067

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The following proposed orders have been submitted for entry:

1. Order on Presentation;

2. Findings o f Fact and Conclusions of Law;

3. Decree o f Dissolution, including sealed Exhibits H and W;

4. Qualified Domestic Relations Order (QDRO) re Respondent’s State of Alaska, Public Employees’ Retirement Plan

Written interrogatories for formal proof have also been submitted along with this

motion to allow for entry o f final orders without oral argument.

RESPECTFULLY SUBMITTED THIS 6lh day o f February, 2015.

MICHAEL W. BUGNI & ASSOC., PLLC

KARMA L. ZA1KE, WSBA#31037 Attorney for Petitioner/Wife

Petitioner’s Motion for Presentation and Entry of FinalOrders and to Confirm Arbitration Rulings - o f 5

LAW OFFICES_______________________M ic h a e l W. B u g n i & Assoc., p l l c11300 ROOSEVELT WAY NE, STE. 300 SEATTLE, WA 98125(208) 365-5500 . FACSIMILE (206) 363-8067

EXHIBIT 1

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FILEDKING COUNTY WASHINGTON

JAN 2 6 2015

SUPERIOR C O U H TC LE R K

I ! "AN 2 § 2>J :‘J j i

i Hi Cl-! .•'S.-'.T.........* i! H i'z . & A Sanc j

m THE SUPERIOR CO URT OB' WASHINGTON IN AND FOR ICING COUNTY

In re the Marriage of: ))) .

NO. 13-3-08383-7 SEA

TWILA MARKHAM, AGREED ORDER RE) PETITIONER’S MOTION TO

Petitioner, ) EXTEND DEADLINE FOR ENTRYand ) OF FINAL ORDERS/TO

) CONFIRM ARBITRATOR’SGERALD WAYNE MARKHAM, ) RULINGS/FOR PRESENTATION

) AND ENTRY OF FINAL ORDERSRespondent )

. ) CLERIC’S ACTION REQUIRED

THIS MATTER, having come on regularly before the above-entitled Court, the

undersigned Judge presiding, upon the motion of the Petitioner, the Court being otherwise

fully advised in the premises, NOW, THEREFORE, IT IS HEREBY

ORDERED, ADJUDGED AND DECREED:

1, The deadline for the entry of final orders in this matter is extended to February 27, 2015,

2. The arbitrator’s 1/13/15 decision, along with its supplemental ruling of 1/14/15, attached as Exhibits A and B to this older, are CONFIRMED. The parties shall comply with the briefing schedule set forth therein.

O r d e r -P a g e 1 o f 2

LAW OFFICES____________________:___M ic h a e l W . B u g n i & A s s o c ., p l l c11300 ROOSEVELT WAY NE, STE 300 SEATTLE, WA S812C(208)380-5500 • FACSIMILE (206)303-808?

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3. The arbitrator shall issue a decision regarding final orders, to include arbitrated find orders, in time to permit their entry at fixe below scheduled presentation hearing.

4. Presentation/Entry of final orders shall be submitted to the Bx-parte department on or before February 27,2015 after the arbitrator has provided his ruling on the final orders. The Arbitrator’s decision regarding final orders shall be confirmed at that time.

DATED: JA /IO A /Ha

Presented by:MICHAEL W. BUGNI & ASSOC., PLLC

KARMA L. ZAIRE, WSBA#31037 Attorney for Petitioner/Wife

Cony Received:

PHILIP Cf TSAI, WSBA #27632 Attorney for Respondent/Husband

LAW OFFICESM ichael W. Bu g n i & Assoc., pllc

Order - Page 2 o f 2 11300 ROOSEVELT WAY NE, STE. 300 SEATTLE, WA 08125(20-3) 365-5509 • FACSIMILE (208)363-806?

HOWARD R. BARTLETT Atto rney at Law

BARTLETT, POLLOCK & BESK, PLLC Family Law Dispute Resolutions

DEE MYERS Lagal Assistant

January 13, 2015

Mr. Phil Tsai Attorney at Law 2101 4,h Avenue, #1560 Seattle, WA 98121

Ms. Karma Zaike Attorney at Law 11300 Roosevelt Way N E, #300 Seattle, WA 98125

Sent via email.

Re: Gerald Markham and Twila Markham Arbitration Decision - PhoneConference,

Dear Mr. Tsai and Ms. Zaike;

This letter constitutes my Arbitration Decision regarding the issues discussed in our telephone conference on January 8, 2015.

1. Quit Claim Deed Re; #0820 Seattle. There is no dispute with regard to the substance of the Quit Claim Deed. Mi. Markham is to sign the Quit Claim Deed as prepared by Ms. Zaike. Tiiis will confirm my oral ruling in our telephone conference that he is to have this Deed delivered to Ms. Zaike’s office no later than close of business on Monday, January 12, 2015. He may personally have it delivered rather than have it go through Mr. Tsai’s office.

2. Quit Claim Deed Re: #0845. There is no dispute by Mr. Markham with regard to the substance of tire Quit Claim Deed. He is to execute the Quit Claim Deed as prepared by Ms. Zaike. He is to arrange for the deliver]' o f the Quit Claim Deed to Ms. Zaike’s office no later than dose of business on Monday, January 12, 2015.

3. Quit Claim Deed Rc: San Juan Property. Following the telephone conference. Ms. Zaike prepared the Quit Claim Deed conveying tide of the San Juan Property to Mr. Markham. Ms. Markham executed the Quit Claim Deed and forwarded a copy of

1420 FIFTH AVENUE • SUITE 3775 • SEATTLE, WASHINGTON 98101 DIRECT LINE (206) 749-0166 • FAX; (206) 903-1799

January 13,2015Page 2 of 6

the signed Quit Claim Deed to Mr, Tsai and myself. The proposed Deed accurately reflects the legal description (formerly Exhibits F and I to the prior Deed prepared by Ms, Zaike) as requested by Mr, Markham, Based on our telephone conference, this deed, as now prepared, accurately reflects the legal description requested by Mr, Markham, The original Deed, with Ms, Markham’s signature, is to be delivered to Mr. Tsai’s office no later than close o f business Monday, January 12, 2015,

4, Quit Claim Deed He: Arizona Property, Ms, Markham has signed the Quit Claim Deed with regard to the Arizona property Mr. Markham has no objections to that D eed It is my understanding Mr. Markham has the original. The original may be recorded at any time.

Mr. Markham has requested that he be reimbursed §150,00 for the cost he incurred for arranging for die preparation o f a Quit Claim Deed by a Real Estate Document Preparation company in Arizona, At his own volition, he obtained a Quit Claim Deed with the appropriate legal description and sent it to Ms. Markham. Ms. Markham used that information to prepare the now existing Quit Claim Deed, Mr. Markham requests that he be reimbursed $150,00 for his out o f pocket costs for the preparation o f (hat Quit Claim Deed, Mr, Markham was not asked to prepare die Quit Claim Deed. He did it voluntarily. He voluntarily submitted the information to Ms. Markham, Ms, Markham had that informadon transferred into the existing Quit Claim Deed. Mr, Markham will not be reimbursed for his voluntary actions.

5, Quit Claim Deed Re: Anchorage Property. Ms, Markham has prepared and signed the original o f the Quit Claim Deed transferring tide to Mr, Markham, Mr, Markham has no objections to this document. He may record the document at any time.

Mr. Markham requests dial he be reimbursed for having to obtain die legal description with regard to die Anchorage property and providing that information to Ms, Markham, Basically, he argues that Ms. Markham did the same thing with the Anchorage Deed as she did with the Arizona D eed That is, he voluntarily prepared the Deed, sent the information to Ms, Markham and she copied it and returned it as if it were her own Deed. Again, Mr. Markham voluntarily undertook to have a Deed prepared He cannot voluntarily provide information to Ms. Markham for the preparation o f the Deed and then request reimbursement His reimbursement with regard to the Anchorage Deed is denied.

6, Volvo Automobile. The Volvo automobile is to awarded to Ms. Markham. Mr Markham did not sign on the transfer document because Ms. Markham had not filled in the odometer reading. Ms, Markham will fill in the odometer reading on die tide transfer document* return the form to Mr. Markham and Mr. Markham will sign and return the original o f die tide transfer document to Ms. Markham within five days o f his receipt o f the document from Ms. Markham.

7, Mazda Car Tide. The Mazda is to awarded to Mr. Markham. Ms. Markham did sign where required on the tide documents but did not sign a document entitled “Certificate o f Fact ” which document is required by San Juan County to transfer


title, Mr. Tsai emailed the required Certificate o f Fact to Ms. Zaike on January 8, 2015, following our telephone conference. Ms. Zaike states she will have Ms. Markham sign the document and return it to Mr. Markham. It will be delivered to Mr. Tsai no later than close o f business on Monday, January 12, 2015.

8. Merrill Lynch..Release, As I mentioned in our telephone conference, it does appear to me that Mr. Markham made reasonable and good faith effort to obtain the necessary release o f information with regard to die ANEFX Mutual Fund. He promptly contacted Mr. Grecnfeld and asked what information might he required. He did find the information from Merrill Lynch which he believes reflects the initial purchase o f die mutual fund assets. He signed a release dated November 13, 2014, and November 21, 2014 for access to the DA Davidson information. He asked Mr, Gteenfeld if any additional information was required. He did not hear back from Mr. Grecnfeld.

Ms. Markham is requesting that Mr, Markham execute a declaration or certify his belief that the Merrill Lynch document dated March 25, 1982, is the information with regard to the original purchase o f the ANEFX Mutual Fund and constitutes the original tax basis for that fond. Mr. Markham has indicated he would be willing to execute such a document indicating his belief as to the nature o f that document Obviously, Mr, Markham cannot guarantee for Ms, Markham the accuracy o f that document Mr. Markham indicated he would put together such a certification and send it to Ms. Markham through counsel. Mr. Markham will prepare such a document and have it delivered to Ms. Zaike by close o f business on February 16, 2015. In the alternative, Mr. Markham can obtain from Merrill Lynch forms (presumably similar to the DA Davidson release forms) which he will sign and deliver to Ms. Markham through counsel by end o f business January 16, 2015.

9. Airline Miles. There is no dispute with regard to Ms, Markham’s proposed new language in die Decree with regard to airline miles. The new language with regard to airline miles is found in the attachment to Ms. Zaike’s email o f December 18,2014.

10. PERS QDRO. Ms. Markham has prepared and submitted to the Alaska Division o f Retirement and Benefits administrator a proposed QDRO. This QDRO has been approved by the administrator. Mr. Markham has requested additional language be inserted in the QDRO and, if not, that it be included in the Decree. The PERS administrator has indicated problems with the language proposed by Mr. Markham, Two o f the comments made by the PERS administrator ate significant. The first is that if for any reason the monthly benefits to the alternate payee (Ms. Markham) must be changed, or stopped, then an entire amended QDRO would need to be prepared and approved by die court, In other words, the language requested by Mr, Markham is not self-executing and he would have to pursue an appropriate court order,

Second, although PERS does have, and will honor, an authorization for release o f information, the release of information obtained from the PERS department would not satisfy Mr, Markham’s request. He is basically asking for information from the insurance carrier that Ms. Markham is properly maintaining the health insurance


pursuant to the terms o f the final agreement. Ms. Markham has raised serious concerns that i f she signs such a release with the insurance company, that Mr, Markham would have access to all o f her health insurance records, not just records with regard to the ongoing existence o f the health insurance.

The agreement o f the parties is that Ms. Markham will continue to use the $64.26 per month towards the purchase of her health insurance. If she fails to do so, the payment from Mr, Markham's retirement account in that amount, should terminate. Mr. Markham needs to have reasonable information as to Ms. Markham's ongoing use o f the funds for her health insurance. He should not have (and does not request) access to any o f Ms. Markham's health insurance records or Explanation o f Benefits statements. He has made it clear that he has no desire to obtain actual health insurance information other than die existence o f the ongoing coverage. •However, T am concerned* that the release as requested by Mr, Markham might improperly extend beyond just being informed as to the existence o f the insurance.

Some form o f die language as requested by Mr. Markham needs to be included in the Decree. 1 will adopt and modify his language as follows so that the Decree includes the following;

TwDa j. Markham shall be designated the alternate payee in a Qualified Domestic Relations Order with regard to the Alaska PERS account. She shall receive from the plan benefits diat otherwise would be paid to Mr, Markham an amount equal to $64.26 per month. Ms, Markham will not be entitled to any COLA and PRPA benefits that may be paid to Mr. Markham, Payments will continue for the life o f Ms. Markham but only if she pays for the cost o f the Alaska Public Employees System (PERS) health insurance available to her as well as expending the $64.26 per month paid her by the plan for her dental, visual and audio insurance. Ms. Markham shall provide evidence o f that payment to Mr, Markham on an annual basis no later than January 30,h of each year. If that evidence is not forthcoming by February 15* o f each year, Mr. Markham may seek an appropriate court order terminating her $64,26 per month monthly benefit and ordering her to repay any benefits paid by die plan for any period for when she was not otherwise covered, along with reasonable attorney's fees and costs, which may be converted into a judgment if not paid. Except as expressly provided above the rights o f die parties with respect to the payment o f the benefits shall be determined under the provisions of the plan;

I do not find it necessary for Ms. Markham to submit monthly statements reflecting her use o f the $64,26 towards her DVA insurance. Doing so seems overly burdensome and unnecessary given the amount o f money involved. An annual accounting will be sufficient.


I will not requite Ms. Markham to execute a release with regard to her personal insurance. I am concerned that doing so could create unintended consequences with regard to die inappropriate and inadvertent release o f personal information.

11. Other Issues. Mr, Markham has raised some additional issues involving reimbursement for insurance paid, personal property and an inadequate walk through. He has tequested there be a relatively prompt exchange o f information and an in person conference to discuss and resolve the remaining issues. In Mr Markham's letter o f January 7, 2015, he listed some specific unresolved issues. He objected to the video walk through, he listed nine items o f personal property that he would like to obtain and he asks for reimbursement for auto and liability umbrella coverage that he has maintained on the Volvo. He indicated additional items that he may also want from the property.

Before I am willing to set an in person conference, I want a briefing schedule so that 1 folly understand the issues being raised. After I have that information, I will then consider whether an in person conference is appropriate. I recognize my doing so may create logistic problems for Mr. Markham as he will be in Arizona from February through April However, I do want to be as fully informed on the remaining issues as possible before determining whether an actual in person conference is necessary,

I want Mr. Markham to specifically set forth the issues that need to be raised. If he knows that there are specific items that he wants in terms o f personal property, those should be listed. If he believes that a further walk through is necessary, I need details as to what would be the expected outcome o f such a walk through. Mr. Markham should submit his information no later than January 23, 2015, Ms. Markham may submit a Response by February 2, 2015, Mr. Markham may Reply no later than February 9, 2015, I will then review the material and determine whether oral argument will be necessary and, if so, whether such oral argument will be in person or by telephone conference.

I do not believe that the remaining issues are o f sufficient nature that they should delay the entry o f the Decree. The Decree can indicate where necessary that there are remaining issues which will be subject to binding arbitration subsequent to the entry o f the Decree.

12. Final Documents. Ms. Zaike has revised the Findings o f Fact and Decree and submitted the revisions in her email o f January 8, 2105. Changes to the Findings o f Fact and Decree were not discussed in our telephone conference. I will set a briefing schedule with regard to the final documents, Mr. Markham’s Response to the proposed documents will be submitted no later than January 21, 2015. He should mark-up the proposed documents reflecting any changes he might want. He may also submit a narrative letter explaining his changes. Ms, Markham may then Reply, Her Reply will be due January 27, 2015, I will then review the material and issue an arbitration decision based on the written materials only. I reserve die right to have oral argument (presumably by telephone) with regard to the final documents


13. Attorney’s Fees. A t this time I am not awarding any attorney’s fees. That will be deferred pending the resolution of the final issues and compliance with this Arbitration Decision.

Very truly yours,

BARTLETT, POLLOCK & BESK, PLLC

Attorney at Law

H R B /dm

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1 7 V U T T O T T ' 0I I A J l I I o I I J D

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From: Howard Bartlett fmailto:howai'[email protected] Sent: Wednesday, January 14,2015 9:47 AM To: Tsai Law; Karma Zaike; Erika S. Reichley, Melissa Flores Subject: Markham - Extension & REETA's

This will he a brief email dealing with the extension of time to enter final orders and execution of the REETA’s

1. Extension ~ My arbitration decision expresses my belief that the final Decree can be entered with a reservation of the issues dealing with household furnishings/art and the other claims made by Mr. Markham. I set a briefing schedule accordingly. Ms. Markham's final Reply is due Januaiy 27th. Because o f the briefing schedule l set, 1 think you made need up to 30 days to get the final documents submitted. I should have no trouble reviewing the remaining issues regarding final documents and having a decision before February 14th. As such there will be a 30 day extension. That should be more than enough to get the final documents prepared and entered.

2. REETA's. Unfortunately, we talked about the Deeds being transferred on Monday but did not mention the necessary accompanying REETA’s. Obviously, the REETA's need to be completed and executed in order to record the Deeds. They should have been prepared and delivered at the same time as the deeds. However, if that didn't happen, there should be no further no delay in signing and transferring the REETA's. If they haven't already been signed/transferred, absent a very compelling excuse, they will be executed and delivered no later than close of business on Friday January 16,2015. The REETA's can be signed by the attorney as agent for the party.

Howard R. Bartlett 206.749.0166 1420 Fifth Avenue Suite 3775 Seattle, WA 98101

mailto:howai'[email protected]

of MICHAEL W. BUGNI & ASSOCIATES, PLLC

11300 Roossvar'Ww itamsT, Sum; 300 Sbto£,V?asii«kio;i9S!25 P:206.S65.5500 F: 20o.3(>3.B0S7 [email protected]

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Mr. Philip C. Tsai Tsai Law Company PLLC 2101 4th Ave, Suite 1560 Seattle, WA 98121-2352

RE: Volvo Odometer

Dear Mr. Tsai:

Pursuant to Mr. Bartlett’s arbitration ruling, enclosed please find die original odometer disclosure statement as well as copies of the title and related documents required to transfer the Volvo. The correct mileage is listed on the title. Please have Mr. Markham sign and return the original odometer disclosure within five days of receipt. Thank you.

Yours truly,

Kerry Bowers Paralegal

KMBCC: ClientEnclosures

mailto:[email protected]

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d l» s* 8mMtDr Odometer Disclosure/Title Extension Statement LICENSING Release of Interest

Use this form to disclose odometer information. For instructions on completing this form, see page 2. o r Licensenumber

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Date of Transfer

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20-006 <RT3/13> Page 1 d 2r\r\*

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KING CO UNTY SUPERIO R CO URT CLERK

E-FILEDCASE NUMBER: 13-3-08383-7 S



In re the Marriage of:

TWILA MARKHAM,

Petitioner,and

GERALD WAYNE MARKHAM,

__________________________ Respondent.

) NO. 13-3-08383-7 SEA)) W RITTEN INTERROGATORIES ) FOR FORM AL PR O O F))))))

TO: TWILA MARKHAM

INTERROGATORY NO. 1.: Please state your full name and county o f address.

ANSWER: Twila Y. MarkhamKing County

INTERROGATORY NO. 2.: Are you married to Gerald W. Markham?

ANSWER: Yes.

INTERROGATORY NO. 3.: Did you file a Petition lor Dissolution in King County Superior

Court on 05/09/2013 requesting a Decree o f Dissolution?

WRITTEN INTERROGATORIES FOR FORMALPRO O F-Pg. 1 o f 3

LAW OFFICES___________________________M i c h a e l W . B u g n i & A s s o c . , p l l c11300 ROOSEVELT WAYNE, STB. 300 SEATTLE, WA 98125(206) 365-5500 ♦ FACSIMILE (206) 363-S067

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ANSWER: Yes.

INTERROGATORY NO. 4 .: Were you a resident o f the State of Washington at the time you

tiled your Petition for Dissolution?

ANSWER: Yes.

INTERROGATORY NO. 5.: Was the Respondent, Gerald W. Markham, served in the State

o f Washington and has he responded to the petition?

ANSWER: Yes and yes.

INTERROGATORY NO. 6.: Have you and Gerald Markham agreed to divide your property

and debts? If so, is the settlement fair and equitable?

ANSWER: Yes and yes.

INTERROGATORY NO. 7.: Are you currently pregnant?

ANSWER: No.

INTERROGATORY NO. 8.: Were you represented by legal counsel during the negotiation

process and in the drafting of the final papers?

ANSWER: Yes.

INTERROGATORY NO. 9.: Are there any children of this marriage?

ANSWER: No.

WRITTEN INTERROGATORIES FOR FORMALPR O O F-Pg. 2 o f 3

LAW OFFICES___________________________M i c h a e l w . B u g n i & Assoc., p l l c11300 ROOSEVELT WAV NE, STE. 300 SEATTLE, WA 9*125(206) 365-5500 • FACSIMILE (206)363-8067

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INTERROGATORY NO. 10.: Is the marriage irretrievably broken?

ANSWER: Yes.

INTERROGATORY NO. 11.: Are you requesting a name change?

ANSWER: No.

DATED this 6th day o f February, 2015.

MICHAEL W. BUGNI & ASSOC., PLLC

KARMA L. ZAIKE, WSBA NO. 31037Attorney for Petitioner/Wife

1 certify and declare under penalty o f perjury under the laws o f the state o f Washington

that the foregoing is true and correct.

Dated this 6Ih day o f February, 2015 in Seattle, WA.

YwiI.AMAltK.IiAMPetitioner/Wife

Electronic Signature Approved

WRITTEN INTERROGATORIES FOR FORMALPROOF - Pg. 3 of 3

LAW OFFICES___________________________M i c h a e l W . B u g n i & A ssoc., p l l c11300 ROOSEVELT WAY NE, $112. 300 SEA'ITLE, WA 98125(206) 365-5500 ♦ FACSIMILE (206) 363-S067

13579

1113151719212325272931333537394143454749515355575961636567697173757779


KING CO UNTY SUPERIO R CO UR T CLEt

E-FILED CASE NUMBER: 13-3-08383

SUPERIOR COURT O F WASHINGTON COUNTY O F KING


TWILA MARKH AM, NO. 13-3-08383-7 SEA

Plaintiff/Petitioner(s),Vs.


NOTICE OF PRESENTATION TOEX PARTE(NT)

Dcfendant/Respondent(s),

I. NOTICE

The undersigned submitted the documents listed below to the Ex Parte and Probate Department as part o f an Ex Parte via the Clerk submission:

Written interrogatories for Formal Proof Sealed Financial Source Documents (PERS QDRO)Decree o f DissolutionSealed Financial Source Documents (Exhibit H & W to Decree o f Dissolution) Findings o f Fact and Conclusions o f Law

Dated: 02/12/2015Signature m Lawyer or Moving Party Philip C. Tsai, WSBA #27632 Attorney for Respondent

Notice of Presentation to Ex Parle (NT) Page l of I

TSAI LAW COMPANY, PLLCAttorneys at Law

210 1 Fomili Avenue, Suite 2200 Seattle, WA 98121

206.728.8000

FEBWAsm/i-

1 2 m s*on

SUP F ^ clb ,k a Y Ja n * S m ^

D&Vry

IN THE SUPERIOR COURT FOR THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING

Markham

vs.Plaintiff,

Markham NO. 13-3-08383-7 SEA

Defendant,

Email correspondence is attached.

Howard, Greg

From:Sent:To:Cc:Subject

Kerry Bowers <[email protected]>Thursday, February 12,201511:48 AM Howard, GregKarma Zaike; Erika S. Reichley; Philip C. Tsat; [email protected] Markham No. 13-3-08383-7: Strike Motion for Presentation

Mr. Howard,

A motion for presentation was noted w/out ora! argument on February 17th in the above captioned case. The parties have reached agreement and will be entering final orders today so you may strike the motion.

Thank you.

The Law Offices o f Michael W. Bugni & Associates, PLLC11300 Roosevelt Way Northeast, Suite 300Seattle. Washington 9S125P.206.365.5500F. 206.363.8067

IMPORTANT/CONFIDENTiAL: this email and any attachments may contain confidential information protected by the attorney-client privilege or other privileges, and Is intended for use only by the intended recipients(s). If you are the intended recipient, please note that forwarding or showing this email to any other person may result in waiver of confidentiality. If you have received this email in error, please do not read, reproduce, or distribute its contents; rather, please immediately notify die sender, delete the email, and destroy all copies of the email and any attachments. Thank you.

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WHGo o ^ « ° H'NGIOH

FEB 1 * ®>'5

JUDICIAL AOMNISTBAHON



TWILA MARKHAM,

Petitioner,

and


))) NO. 13-3-08383-7 SEA ) ■)) FINDINGS OF FACT AND ) CONCLUSIONS OF LAW ) (Marriage)))))

Respondent

L BASIS FOR FINDINGS

The Findings are based on agreement and on multiple Arbitration Decisions pursuant to the terms of the Binding Settlement Agreement executed by the parties on April 17,2014.

H. FINDINGS OF FACT

Upon die basis of the court record, the Court finds:

2.1 RESIDENCY OF PETITIONER.In an Order entered October 18,2013 this court ruled that Wife was a Resident of the State of Washington at the time she filed her petition for dissolution of marriage and has personal jurisdiction over the wife.

2.2 NOTICE TO THE RESPONDENT.

LAW OFFICES_________________________MICHAEL W. BUGNI & ASSOC., PLLC 11300 ROOSEVELT WAY NE, STE. 300

Fillings of Fact and Concl of Law (FNFCC) - Page 1 of6 SEATTLE. WA 98125WPF DR 04,0300 iMaodntory (6/2012)- CR 52; RCW 26.09.030; .070(3) (206) 365-5500 » FACSIMILE (206) 363-8067

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In an Order entered October 1S, 2013 this court ruled that Husband was personally served tile petition for dissolution of marriage while he was voluntarily present in Washington Sate.

2.3 BASIS OF JURISDICTION OVER THE RESPONDENT.

Tins court has jurisdiction over the Respondent based cm the rulings.made in the Order entered herein on October 18,2013.

2.4 DATE AND PLACE OF MARRIAGE.

The parties were married on July 6,1981 in Las Vegas, NV.

2.5 STATUS OF THE PARTIES;

The Husband and Wife separated on April 24,2013.

2.6 STATUS OF THE MARRIAGE.

The marriage is irretrievably broken and at least 90 days have elapsed since the date the Petition was filed and since the date the Summons was served on the Respondent

2.7 PROPERTY SETTLEMENT AGREEMENT/PRENUPTIAL AGREEMENT.

The pasties disagree as to the existence of any prenuptial agreement but have signed a CR 2A Agreement so resolution of this issue is not necessary.

2.8 COMMUNITY PROPERTY.

The parties have real or personal community property that has been equitably divided as set forth in the parties’ Decree. Said Decree is incorporated by reference into these Findings of Fact as if set forth fully herein.

2.9 SEPARATE PROPERTY.

The parties have real or personal separate property which has been awarded to them as set forth in the parlies’ Decree, Said Decree is incorporated by reference into these Findings of Fact as if set forth fully herein.

LAW OFFICES__________________________MICHAEL W. BUGNI & A SSOC, PLLC 11300 ROOSEVELT WAY NE, STE. 300

Fndngs of Fact nnd Concl of Liw (FNFCL) - Psgc 2 of 6 SEATTLE, WA 98125WPF DR 04.0300 Mnndalory (6/2012) - CR 52; RCW 26,09.030; .070(3) {206)365-5500 * FACSIMILE (206) 363-8067

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2.10 COMMUNITY LIABILITIES.

The parties have incurred community liabilities which have been allocated to them as set forth in the parties5 Decree. Said Decree is incorporated by reference into these Findings of Fact as if set forth fully herein.,

2.11 SEPARATE LIABILITIES.

The parties have incurred separate liabilities that have been allocated to them as set forth in the parties5 Decree, Said Decree is incorporated by reference into these Findings of Fact as if set forth fully herein.

2.12 MAINTENANCE.

Neither party is awarded maintenance, which is not subject to modification.

2.13 CONTINUING RESTRAINING ORDER.

Tire current no contact order in Seattle Municipal Court Cause No. 588438 shall remain in full force and effect until extinguished by that court. The Husband understands that the Wife does not want to have any contact with him and he agrees not to make any efforts to initiate or maintain contact with Twila Markham.

2.14 PROTECTION ORDER.

Does not apply.

2.15 FEES AND COSTS.

Does not apply.

2.16 PREGNANCY.

The Wife is not pregnant,

2.17 DEPENDENT CHILDREN.

LAW OFFICES_________________________MICHAEL W. BUGNI & ASSOC., PLLC 11300 ROOSEVELT WAY NE. STE. 30D

Kiidnps orFnct and Cfmcl ofL«w (FNFCL)- Pngc3 oS'C SEATTLE, WA 98125WPF OR 04.0300 Mniiaxtory (6/20)2)- CR 52; RCW 26.09.030', .070(3) (206) 365-5500 » FACSIMILE (206) 363-8067

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The parties have no dependent children of this marriage.

2.18 JURISDICTION OVER THE CHILDREN.

Does not apply because there are no dependent children.

2.19 PARENTING PLAN.

Does not apply.

2.20 CHILD SUPPORT.

Does not apply.

2.21 OTHER.

There are other provisions which are set forth in the parties’ Decree which are incorporated by reference into these Findings as if set forth fully herein.

III. CONCLUSIONS OF LAW

The Court makes the following Conclusions of Law from the foregoing Findings of Fact

3.1 JURISDICTION.

The Court has jurisdiction to enter a Decree in this matter-

3.2 GRANTING OF A DECREE.

The parties should be granted a Decree.

3.3 PREGNANCY.

Does not apply.

3.4 DISPOSITION.

The Court should determine the marital status of die parties, make provision for die disposition of property and liabilities of the parties, and make provision for any

LAW OFFICES _____________________MICHAEL W. BUGNI & ASSOC,, PLLC 11300 ROOSEVELT WAY NE, STE. 300

Fndngs of Fnct nmi Conci of Laiv (FNFCL) - Pngc 4 vf 6 SEAT FLE, WA 98125WFP DR 04.0380 MtmtlMory (6/20)2) - CR 52; RCW 26.09.030; .070(3) (206) 365-5500 • FACSIMILE (206) 363-8067

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G e r a l d Markham R^fcorney fl 5 2 0 8 4 8 7 1 9 0 1 3 - 3 -

necessary continuing restraining orders. The distribution of property and liabilities as set forth in the decree is fair and equitable.


The current no contact order shall remain in full force and effect until extinguished by the court in (Seattle Municipal Court Cause No. 588438). The Husband understands that (he Wife does not want to have any contact with him and he agrees not lo make any efforts to initiate or maintain contact with Twila Markham.

3.6 PROTECTION ORDER,

Docs not apply.

3.7 ATTORNEY’S FEES AND COSTS.

Presented by:

MICHAEL W. BUGNI & ASSOCIATES, PLLC

KARMA I.. ZAIRE, WSBA #31037 ' Attorney' for Petitioner/Wife

w m J //rw iu markham"Pctitlonei/WiCeElectronic Signature Approved

Copy Received, Approved for Entry and Notice of Presentation Waived by:

PHILIP TSAI, WSBA#Attorney for Rcspondent/Husband

GERALD MARKHAM Respondcnt/H usband

LAW OFFICESMICHAEL W. BUGNI & ASSOC., PLLC 1HOO ROOSEVELT WAY NE. STE. 300

Finings «f I'ftct and Cone! orLu'v <rNFCL)-]*flsc 5 oft, SEATTLE. WA 9S5123WPF o« W.0J0D Atwidatory (6/20 US) - CR 52; RCW 26.05.030; .075,3) (206) 365-S500 » FACSIMILE (206) 363-S0G7

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FILEDKINS COUNTY, WASHINGTON

FEB 1 % 2015

DEPARTMENT OF JUDICIAL ADMINISTRATION


In re the Marriage of: )) NO. 13-3-08383-7 SEA

TWILA MARKHAM, ))

Petitioner, ) DECREE OF DISSOLUTION) (Marriage)

and ))

GERALD WAYNE MARKHAM, ))

Respondent )_________________________________________ )

I. JUDGMENT/ORDER SUMMARIES

1,1 REAL PROPERTY JUDGMENT SUMMARY.

Real Property Judgment Summary is set forth below:

Assessor’s property tax parcel or account number: See Exhibits H and W.

1.2 MONEY JUDGMENT SUMMARY.

Does Not ApplyEND OF SUMMARIES

II. BASISFindings of Fact and Conclusions of Law have been entered in this case.

LAW OFFICES__________________________MICHAEL W. BUGNI & ASSOC., PLLC 1 1300 5LOOSEVELT WAY "HE, STE. 300

Decree (DCD) (DCLCSP) (DCJNMG) - Page I of 7 SEATTLE, WA 98 J 25WPF DR 04.0409 Mandatory (6/2012) - RCW 26.09.030; .040; .070 (3) (206) 365-5500 • FACSIMILE (206) 363-8067

, SEA

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13-3 -05383-7

III. DECREE

IT IS DECREED that:


The marriage of the parties is hereby dissolved.

3.2 PROPERTY TO BE AWARDED TO THE HUSBAND.

The Husband is awarded as his separate property the property set forth in Exhibit H. This exhibit is filed under seal and incorporated by reference as part of this Decree.

3.3 PROPERTY TO BE AWARDED TO THE WIFE.

The Wife is awarded as her separate property the property set forth in Exhibit W. This exhibit is filed under seal and incorporated by reference as part of this Decree.

3.4 LIABILITIES TO BE PAID BY THE HUSBAND.

The Husband shall pay the community or separate liabilities set forth in Exhibit H. This exhibit is filed under seal and incorporated by reference as part of this Decree.

3.5 LIABILITIES TO BE PAID BY THE WIFE.

The Wife shall pay the community or separate liabilities set forth in Exhibit W. This exhibit is filed under seal and incorporated by reference as part of this Decree.

3.6 HOLD HARMLESS PROVISION.

Each parly shall hold the other party harmless from any collection action relating to separate or community liabilities set forth above, including reasonable attorney’s fees and costs incurred in defending against any attempts to collect an obligation of the other party.

3.7 MAINTENANCE.

Each party waives maintenance against tire other, and this may never be modified.

LAW OFFICES__________________________MICHAEL W. BUGNI & ASSOC, PLLC 11300 ROOSEVELT WAY NE, STE. 300 SEATTLE, W A 9S525(206) 365-5500 » FACSIMILE (206) 363-8067

3.8 RESTRAINING ORDER.

Decree (BCD) (DCLGSP) (DCINMG) - Page2 of 7WPP DIt M.M00 Mamlntory (6/2012) - RCW 26.03.030; .040; .070 (3)

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The current no contact order in Seattle Municipal Court Cause No. 588438 shall remain in full force and effect until extinguished by the criminal court, The Husband, Gerald Markham, understands that the Wife does not want to have any eontaet with him and he agrees not to make any efforts to initiate or maintain contact with Twila Markham.

3.9 PROTECTION ORDER

Does not apply.

3.10 JURISDICTION OVER TI-IE CHILDREN.

Does not apply.


Does not apply.

3.12 CHILD SUPPORT.

Does not apply.

3.13 ATTORNEY’S FEES, OTHER PROFESSIONAL FEES AND COSTS.

Does not apply.

3.14 NAME CHANGES.

Does not apply.

3.15 OTHER.

3.15,1 Employment Benefits. Each party shall retain as his or her sole and separate property, free and clear of any interest in the other, all those rights and benefits which have been derived as the result of his or her past or present employment, union affiliations, military service, United States or other citizenship and/or residence within a state including, but not limited to:

LAW OFFICES_________________________MICHAEL W. BUGNI & ASSOC., PLLC 11300 ROOSEVELT WAY NE, STE. 300

Decree {DCD) {DCLGSP) (DCINMG) - Pago 3 of? SEATTLE, WA 98125WPF DR 04.0400 Mniidutory (fi/2012) - RCW 26,09.030; .040; .070 (3) {206} 365-5500 ♦ FACSIMILE {206) 363-8067

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> Various forms of insurance, right to social security payments, welfare payments, unemployment compensation payments, disability payments. Medicare and Medicaid payments, retirement benefits, sick leave benefits, educational benefits and grants, interests in health or welfare plans, interests in profit-sharing plans, and ail other legislated, contractual and/or donated benefits, whether vested or non-vested and whether directly or indirectly derived through the activity of that specific party: provided, however, that said benefit or benefits have not been otherwise divided herein.

3,15/2 Famiiv Memorabilia. The parties’ joint photos will be copied at joint expense, Mr. Markham may scan the photos in his possession and email them to Ms. Markham or her designee without any communication within 120 days of the entry of this decree. Ms, Markham does not have a scanning device. If she is willing to have the photos scanned by a business that has such capabilities, the cost will be shared equally, If Ms. Markham is willing to have the photos scanned shall arrange to have the photos in her possession scanned and emailed to Mr. Markham or Ins designee within 1E0 days of entry of this decree. If within 90 days thereafter either party wishes tire original in the possession of the other or copies made from it or a negative, they will notify the other or the other’s designee. The original or a copy will be made which will be delivered to the other within 90 days of the request being made. If a party does not want direct communication with the other regarding this paragraph, he/she shall designate within 15 days of entry of this decree a third party'' to receive the communication. If either party is unwilling to have the photos scanned, he/she shall have the family photos in his/her possession copied within 120 days of entry of the decree and provide the copies to the other party.

3.15.3 Undisclosed Debts. Any community debt or obligation, not specifically awarded herein, incurred by either party, shall be the sole and separate obligation of the party’ who incurred it and who failed to disclose it in this Decree. If an undisclosed community debt was incurred by the parties jointly, then the parties shall remain jointly liable.

3.15.4 Undisclosed Assets. The parties, by their si gnature hereon, acknowledge and represent under penalty of perjury that each has made a frill and complete disclosure of any and all financial assets they own or control or have placed in the control of others (separate or community). If it should later be established that community property assets with a net value of $1000 or more

LAW OFFICES_________________________MICHAEL W. BUGNI & ASSOC., PLLC 11300 ROOSEVELT WAYNE, STE 300

Decree (DCD) (DCLGSP) (DCINMG) - Page A of 7 SEATTLE WA 98125WPF DR 04.0400 Mandatory (6/2012) - XCW 26.09.030; .040; .070 (3) (206) 365-5500 • FACSIMILE (206) 363-8067

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were being held by a parly (or held for a party by others) were not disclosed and/or were dissipated between the date of separation and the distribution/sigr/mg of the CR2A Agreement (April 17, 2014). the party who intentionally withheld/misrepresented the asset will be iiable to the other party for 75% of the value of the asset, plus reasonable attorney fees incurred to uncover the hidden asset,

3.15.5 Enforcement Proceedings. It is understood the undertakings and commitments of both Husband and Wife in the Binding Settlement Agreement and this Decree are unique and that in the event of violation or of threat of violation by either parly of the terms, conditions or provisions hereof, the other party may not have an adequate remedy at law. Therefore, in addition to any other remedy available to the Husband or Wife in this decree or at law. either the Husband or the Wife shall have die remedies of specific enforcement and injunction in any court of competent jurisdiction to prevent violation of the terms herein.

3.15.6 Revocation of Wills. Powers of Attorney and Other Instruments. All previous wills, powers of attorney, contracts and community property agreements between the parties hereto are hereby revoked and the parties are prohibited from exercising same.

3.15.7 Federal Income Tax. The parties shall file separately for the year 2013.- Each shall claim income associated with his/her employment or accounts in

his/her name. For 2013, the capital Josses shall be allocated to the party who incurred them. The accrued capital losses remaining after 2013 shall be awarded to the party who incurred them. In 2012, the parties overpaid taxes by $18,082 and elected to apply the overpayment to their 2013 estimated taxes. Hie Wife shall be awarded this $18,082 for her 2013 taxes. The Husband made two subsequent estimated tax payments of $10K each in 2014. He shall be awarded those tax payments for his 2013 taxes. Hie parties shall each be awarded the passive losses associated with the property awarded to him/her. Cany forward losses accumulated prior to 2013 shall be allocated to foe party who incurred them. Any accrued capital losses remaining after 2013 shall be awarded to the party who incurred them.

The parties intend that foe property and debt division made in this Decree will result in no recognition of taxable gain or loss to either party, and that neither party shall adjust the basis of any asset or debt awarded or distributed

LAW OFFICES_________________________MICHAEL W. BUGNI & ASSOC., PLLC 11300 ROOSEVELT WAY NE, STE, 300

Decree (DCD) (DCLGSP) (DCtNMG) - Page 5 of 7 SEATTLE, WA 98125WPF DR 04.0400 Mandatory (6/2012) - 3CW 26.09.030; ,040; .070 (3) (205) 365-5500 « FACSIMILE (206) 363-8067

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pursuant to this Decree for income tax purposes as a consequence of the division.

The husband has certified that to the best of his information and belief, the documents from Merrill Lynch he provided to wife constitutes records that allows wife to determine the ANEFX Mutual Fund purchase price.

3.15.8 Performance of Necessary Acts. Each party shall execute any and all deeds, bills of sale, endorsements, forms, conveyances or other documents, and perform any act which may be required or necessary to carry out and effectuate any and all of the purposes and provisions herein set forth. .

3.15.9 Deliverv/Judgment Each of the parties shall take all steps necessary to see that all of the provisions contained in this Decree are given full effect Unless otherwise set forth above, each parly shall make delivery to the other party within 45 days of the date hereof those items of personal property awarded to the other party which are at the present time in his or her possession. Each party is obliged to exert his or her best efforts to complete these transfers.

3.15.10 There are remaining i ssues that need teffbe arbitrated with Howard Bartlettpursuant to Arbitration Decision o&aanuary 13/2105 anjPSe shall continue to have jurisdiction to resolve fnos^sud^aftgrtme^De9?de of Dissolution is entered with the/Court.

DATED:

A signature below is actual notice of this order.

Presented by;

MICHAEL W- BUGNI & ASSOCIATES, PLLC

jE/COURT COMMISSIONER

\(A\ fC A R M A L . Z A rrC B , W S B A # 3 1 0 3 7 Attorney for Petitioner/Wife


TWILA MARKHAMPetitioner/Wife


Decree (DCD) (DCLGSP) (DCSNMG) - Page 6 of7WPF DR 04.0400 Mandator? (6/2012) - RCW 26.C9.030; .040; .070 (3)

LAW OFFICES _________________MICHAEL W. BUGNI & ASSOC, PLLC 11300ROOSEVELT WAY NE, STE. 300 SEATTLE, WA 98125(206) 365-5500 * FACSIMILE (206) 363-8067

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G e r a l d Markham A t t o r n e y fl 5 2 0 S 4 8 7 1 S O 1 3 - 3 - 0 8 3

Copy Received, Approved for Entry and Notice of Presentation Waived by:

PHILIP C, TSAI, WSBA Z/27632 Attorney tbr RospondentfHtisband Respondent/Husband

LA W OFFICES ______________MICHAEL %Y, BUGm & ASSOC., PLLC 11300 ROOSEVELT WAY NE, STE. 300

Decree (DCP) tOCUPSF) (DCtNMC) - Fuge 7 «f7 SEATTLE, WA 98125WPF DR MimtiwUify (fi/2012) - RCW 75,03.030; .040: .070 O) (205) 365-5500 - FACSIMILE (206) 363*8057

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Gerald Markham Attorney fl 5206487190 p . 4

FILED15 FEB 17 AM 9:00

KING CO UNTY SUPERIO R CO UR T CLERI

E-FILED CASE NUMBER: 13-3-08383-71


In rc the Marriage of: ))

TWILA MARKHAM, )Petitioner, )

and ))

GERALD WAYNE MARKHAM, )Respondent. ) ____________ )

NO. 13-3-0S383-7 SEA

SEALED FINANCIAL SOURCEDOCUMENTS(COVER SHEET*)

Clerk’s Action Required

Sealed Financial Source Documents

1. Exhibit H to Decree of Dissolution2. Exhibit W to Decree of Dissolution

The above referenced exhibits are incorporated into the Decree of Dissolution, paragraphs 3.2,3.3,3.4 and 3,5 as if fully set forth therein.

DATED; _

Presented by;JUDGE INVBEN

____________KARMA L. ZAIRE, WSBA # 31037

TW1LA MARKHAM Petitioner/Wife


PHILIP TSAI, WSBA il J2 7 <*? Z. GERALD MARKHAM.Attorney for ftespondent/Husband Respondent/Husband

Seated Fin Source Doc (SEALFN)WPF DRPSCU 09.0220 (6/2006) - GR 22(b){8).(f))

IvVW OFFICESMICHAEL W. BUGNI & ASSOC., PLLC 11300 Roosevelt Way NE, Ste. 300SEATTLE, WA 9S125(2061365-55M FACSIMILE (Jflfi) 3«J.R(tr,7

FftmliySQft FormPAK 2014

Exhibit HParagraphs 3.2 and 3.4 from Decree


The Husband is awarded as his separate property, free and clear of any right, title or claim of the Wife, the following property, and tire Wife hereby quit claims and conveys all of said property to the Husband. This Decree, when executed, shall serve as a document of conveyance from the Wife to the Husband of the following property:

3.2.1 Ail furniture, furnishings, clothing, personal items and personal property of any description presently in his possession, except as set forth in paragraph Exhibit W, Paragraph 3.3.2 which is incorporated into this paragraph as if fully set forth herein.

3.2.2 The following property formerly or currently in the Wife’s possession:Husband’s items which remain in the Wife’s possession which are personal to the husband such as any remaining clothing, work files, wall art, walrus tusk artwork, the Prescott sculpture, Lambretta, Uncle Jack Hartley’s 1935 Martin Guitar and other mementos. The issues of a further walk through to identify personal items to be awarded to Mr. Markham and the allocation of additional items to Mr. Markham are reserved pursuant to the Arbitration decision of January 13,2105. See also paragraph 3.15.2 of the Decree of Dissolution regarding family photos which is incorporated by reference herein.

3.2.3 The following financial accounts whether held jointly or in the Husband’s name only:

Islanders Bank (#7344)First National Bank of AK (#8676) (Revenue Account)First National Bank of AK (#6214)First National Bank of AK (#1660)First National Bank of AK (#5181)First National Bank of AK (#1818)First National Bank of AK -Arndt Deed of Trust Municipality of Anchorage 401(k)Municipality of Anchorage Deferred Compensation Plan D.A. Davidson, SEP IRA (#8425)

D.A. Davidson (#6360)AK Fishing License Note and Deed of Trust from Michael Bennett for $75,000.

If the Wife has not done so, she shall sign any documents necessary to transfer sole ownership of the above accounts to husband immediately upon request.

Decree Exhibit H - Page 1 of 4

3.2.4 The Ameritrade Account #4823 shall be awarded to Husband. Pursuant to the terms of the CR2A Agreement. Wife is awarded $2,000,000 of stock which has been transferred.

3.2.5 All life insurance policies insuring his life, for which the Wife is hereby divested of any interest as beneficiary.

3.2.6 The following vehicles and other specifically identified property:

2004 Porsche Carrera 911 (VIN: WP0CA29984S651703)1997 Ford F-150 Pickup (VIN: 1FTDX18W1VKB97199)2003 Jaguar Sedan1994 Ford Ranger PU (VIN: 1FTCR14U7RPC38650)1990 Mazda Miata (VIN: JM1NA3513L012334)2005 Moto Guzzi Motorcycle (VIN: ZGULMC0005M112166)1998 Moto Guzzi Motorcycle (VIN: ZGUKDBKD8WMI13704)1967 Lambretta Scooter (Serial Number: 83 5573)

1979 Mercury Cougar (VIN: 9H93I-I660942)1980 Mazda Sundowner PU (VIN: PE2M6503189)Totem Poles purchased during marriage1966 Beech Musketeer Aircraft (N-Number: N7998L)1956 Skagit Glass Boat Two boat trailers Kubota Tractor with Attachments Rolex Watches ($5,000 and $10,000)

The Husband shall become solely obligated for all payments due on the items in paragraph 3.2.6 immediately above or which may become due for the use, operation, maintenance and financing thereof, and shall hold the Wife harmless thereon.

To the extent any documents remain to be completed, both parties shall take immediate steps to ensure that the vehicles awarded to husband are transferred into his name only.

3.2.7 Any property acquired by the Husband prior to marriage or subsequent to the date of the parties5 separation unless otherwise specifically awarded to the Wife herein.

3.2.8 The Husband is awarded his Alaska PERS Employee Contribution account/retirement account. Both parties shall continue to remain insured on the Alaska PERS plan and the parties shall take all steps he or she can prior to the


entry of the decree to see that neither party’s benefits are changed or reduced. Twila J. Markham shall be designated the alternate payee in a Qualified Domestic Relations Order with regard to the Alaska PERS account She shall receive from the plan benefits that otherwise would be paid to Mr. Markham an amount equal to $64.26 per month to pay her audio, visual and dental (AVD) insurance, which amount may be changed if the premiums change. Ms, Markham will not be entitled to any COLA and PRPA benefits that may be paid to Mr. Markham. Payments will continue to be deducted for the life of Mrs. Markham so long as Mr. Markham is alive and entitled to benefits but only if Mrs. Markham pays for the cost of the Alaska Public Employees System (PERS) AVD health insurance available to her as well as expending the $64.26 per month paid her by the plan for her dental, visual and audio insurance. Ms. Markham shall provide evidence of that payment to Mr. Markham on an annual basis no later than January 30th of each year. If that evidence is not forthcoming by February 15{h of each year, Mr. Markham may seek an appropriate court order terminating her $64.26 per month monthly benefit and ordering her to repay any benefits paid by the plan for any period for when she was not otherwise covered, along with reasonable attorney’s fees and costs, which may be converted into a judgment if not paid. Except as expressly provided above the rights of the parties with respect to the payment of the benefits shall be determined under the provisions of the plan. Wife to receive her 50% survivor benefit as permitted by the PERS Plan upon husband’s death.

3.2.9 Real Property. The Husband is awarded the following real property:

1. Real Property located at 965 S. La Beilota, Green Valley, AZ Pima County Parcel Number: 304-24-3950

2. Real Property located at 198 Journey’s End Way, Friday Harbor San Juan County Property Identification Numbers:

a. 17178-353411006000b. 17174-353411002000

3. Condo located at 2201 Romig Place #205, Anchorage, AK Municipal ity of Anchorage Property ID Number: 001-165-66-01413

4. Real Property located at 211 Mill Bay Road, Kodiak, AK Kodiak Island Borough Property ID Number: 15700

5. Real Property at 206 Kashevaroff Ave., Kodiak, AK Kodiak Island Borough Property ID Number: 15701

6. Real Property at 215 Mill Bay Road, Kodiak, AK Kodiak Island Borough Property ID Number: 15702

7. Vacant Commercial Lot at 1248 Mill Bay Road, Kodiak, AK Kodiak Island Borough Property ID Number: 14703

8. Vacant Commercial Lot at 1250 Mill Bay Road, Kodiak, AK Kodiak Island Borough Property ID Number: 14704

9. Real Property at Dark Lake, Kodiak, AK Kodiak Island Borough Property ID Numbers:

Decree Exhibit H — Page 3 of 4

a. 21404b. 21405c. 21406

Said properties are hereby awarded to the Husband as his sole and separate property, free and clear of any interest in the Wife, Wife has executed and delivered to husband separate Quit Claim Deeds to each separate parcel suitable for individual recording in the various recording districts prior to the entry of this decree upon the request of the husband transferring any interest she may have in the property as a result of the parties’ marriage to him. The Husband shall henceforth assume and pay all costs, taxes and expenses, to include utilities, insurance and mortgage, related to the properties regardless of when such costs, taxes and expenses were incurred and hold the Wife harmless and indemnify her from any liability thereon (including reasonable attorney’s fees).

Husband represents that he has removed Wife from all accounts associated with the properties awarded to him andjprovided adequate written verification thereof. To die extent he has not done so, he will do so promptly.

3,2.10 Airline miles. The parties have agreed that husband shall pay wife $907.50 and each party shall be awarded the miles currently in his/her possession subject to offsets set forth in section 3.4.4 below'.

.2.11 Blue Fox Bay Lodge. Afognak Island. Kodiak. AK. The current title for this property reflects a life estate to Twila and Gerald Markham with a fee simple to Adam Logglie. The parties wish to continue using the property. Each party will give the other notice through designated counsel, currently Karma Zaike for the Wife and Philip Tsai for the Husband, as soon as known, but in no event less than 60 days’ notice, of his/.her intent to use the property. If there is a dispute, the husband’s dates prevail in odd-numbered years and the wife’s prevail in even- numbered yeai-s. Neither party will take steps to remove the caretakers or install new caretakers without the other’s consent. Disputes over the use of the property shall be arbitrated by Howard Bartlett.

3.2.12 The ALPS stock in the Husband’s name (Id Number 1665). Wife shall sign any and all documents necessary to transfer sole ownership to the husband immediately upon request

3.2.13 Income pending from ongoing cases in husband’s law practice..


Decree Exhibit H — Page 4 of 4

3.4.1 Community expenses. All have been paid which were incurred through 4/37/14. All joint credit cards have been closed or assumed by the party who was awarded the account.

3.4.2 Husband keeps his own credit card debt and/or post separation debt and holds the wife harmless as of April 17, 2014,

3.4,3. All debts and encumbrances on any property awarded to the husband in this Decree of Dissolution.

3.4.4 The parties have agreed, that by way of offset, Husband owes Wife $137.40 for the following: Attorney fees and Anchorage Condo appraisal fees due Husband ($5,700). Airline miles offset due Wife ($907.50 - see section 3.2.10 above), first half 2014 property taxes owed Wife ($2,097.00) and arbitration fees owed Wife ($2,832.90) for a net offset of $137.40 due Wife which amount shall be paid within 7 days of entry of the decree.


Exhibit WParagraphs 3.3 and 3.5 from Decree


The Wife is awarded as her separate property, free and clear of any right, title or claim of the Husband, the following property, and the Husband hereby quit claims and conveys all of said property to the Wife. This Decree, when executed, shall serve as a document of conveyance from the Husband to the Wife of the following property:

3.3.1 All furniture, furnishings, clothing, personal items and personal property of any description presently in her possession, except as set forth in paragraph Exhibit H, Paragraph 3.2.2.

3.3.2 The following property currently in the Husband’s possession: The Wife has done a final walk through of the parties’ Properties to determine if there are any other items personal to her which she would like returned. The Husband has returned the “Spirit People” wall hanging to Wife. Disagreements on personal property shall be subject to arbitration as set forth in paragraph three of the parties 4/17/14 CR 2 A Agreement. See also Paragraph 3.15.2 of the Decree of Dissolution regarding Family Memorabilia which is incorporated by reference herein.

3.3.3 The following financial accounts whether held jointly or in her name only:

Bank of America (#4852)Bank of America (#5966)Union Bank (#5922)Union Bank (#5930)D.A. Davidson, SEP IRA (#8411)*D.A. Davidson (#6379)*Ameritrade (#9456)

If the Husband’s name is on any of these accounts, the Wife shall take immediate steps to remove the Husband’s name. The Husband shall cooperate in signing any necessary documents to transfer sole ownership of the above accounts to Wife immediately upon request.

3.3.4 The Wife is awarded $2,000,000 of stock. Husband has transferred all shares. Wife claims gain/loss per her overall award from this account.

3.3.5 All life insurance policies insuring her life, for which the Husband is hereby divested of any interest as beneficiary.

Decree Exhibit W - Page 1 of 3

u> .3.6 The following automobile: 2005 Volvo XC90 (VIN: YV1CZ911051150670). The Wife shall become solely obligated for ail payments due or which may become due for the use, operation, maintenance and financing thereof, and shall hold the Husband harmless thereon. Husband shall sign documents necessary to release his interest. The husband has kept and may, at his option, continue to keep until the decree is final, liability insurance on the wife’s Volvo naming him as an insured (as well as excess liability insurance). The issue of Husband’s request for reimbursement for any such insurance payments is reserved for arbitration pursuant to the Arbitration Decision of January 13,2015.

3.3.7 Any property acquired by the Wife prior to marriage or subsequent to the date of the parties’ separation unless otherwise specifically awarded to the Husband herein.

3.3.8 Real Property. The parties have a community interest in real property as follows:

1. Real Property located at 810 NE 58th St., Seattle 98105 Parcel Number: 192830-0820

2. Real Property located at 809 NE 59th St., Seattle 98105 Parcel Number: 192830-0845

Said properties are hereby awarded to the Wife as her sole and separate property', free and clear of any interest in the Husband. The Wife shall assume and pay all costs, taxes and expenses, to include utilities, insurance and mortgage, related to the properties awarded to her in the decree, regardless of when such costs, taxes and expenses were incurred and hold the Husband harmless and indemnify him from any liability thereon (including reasonable attorney’s fees). Husband owes Wife $4,194.00 for rental property taxes. This obligation is included in the offset provision of Exhibit H section 3.4.4.

The Husband has executed a Quit Claim Deed in favor of the Wife conveying all right, title and interest in and to the aforesaid real property to the Wife.

Wife has removed Husband from all accounts associated with the properties awarded to her and provide written verification of removal.

3.3.9 Airline miles. The parties have agreed that Husband shall pay wife $907.50 and each party shall be awarded the miles currently in his/her possession, subject to the offsets set forth in Exhibit H section 3.4.4.

3.3.10 Blue Fox Bay Lodge. Afognak Island. Kodiak. AK. The current title for this property reflects a life estate to Twila and Gerald Markham with a fee simple to Adam Logghe. Tire parties wish to continue using the property. Each party will give the other notice through designated counsel, currently Karma Zaike for the

Decree Exhibit W - Page 2 of 3

Wife and Philip Tsai for the Husband) as soon as known, but in no event less than 60 days’ notice, of his/her intent to use the property. If there is a dispute, tire husband’s dates prevail in odd-numbered years and the wife’s prevail in even- numbered years. Neither party will take steps to remove the caretakers or install new caretakers without the other’s consent. Disputes over the use of the property shall be arbitrated by Howard Bartlett.


3.5.1 The Wife is not aware of any other community liabilities.

3.5.2 Commencing 4/18/2014, the Wife shall assume the following credit cards and has removed the Husband’s name from said cards: Bank of America #5036, #6231 and Union Bank #4198.

3.5.3 All debts and encumbrances on any property awarded to the wife in this Decree of Dissolution commencing 4/17/2014.

3.5.4 Wife keeps her own credit card debt and/or post separation debt and hold the husband harmless as of April 17,2014.

Decree Exhibit W — Page 3 of 3


KING CO UNTY SUPERIO R CO URT CLERK

E-FILEDCASE NUMBER: 13-3-08383-7 SEA

!n re:

TWILA MARKHAM,

Petitioner

IN THE SUPERIOR COURT OF THE STATE OF FOR THE COUNTY OF KING

WASHINGTON

NO. 13-3-08383-7 SEA NOTICE FOR HEARING SEATTLE COURTHOUSE ONLY(Clerk's Action Required) (NtHg )

vs.

GERALD W. MARKHAM,

Respondent

TO: THE CLERK OF THE COURT and to all other parties listed on Page 2.PLEASE TAKE NOTICE that an issue of law in this case will be heard on the date below and the Clerk is directed to note this issue on the calendar checked below.

Calendar Date:_____ February 17, 2015 Day of Week: TuesdayNature of Motion: Motion to Confirm Arbitrator’s Ruling/Presentation of Final Orders

CASES ASSIGNED TO INDIVIDUAL JUDGES - SeattleIf oral argument on the motion is allowed (LCR 7(b)(2)), contact staff of assigned judge to schedule date and time before filing this notice. W orking Papers: The ju d g e 's n a m e , date and time of hearing m u s t be noted in the upper right com er of the Judge’s copy, D e liv e r J u d g e ’s c o p ie s to J u d g e s ’ M a ilro o m a t C 203.

[] With oral argument Hearing [X] Without oral argument HearingDate/Time: 2/17/15 Judge's Name: Judge Inveen Trial Date: 6/16/14

CHIEF CRIMINAL DEPARTMENT - Seattle in E1201] Bond Forfeiture 3:15 pm, 2nd Thur of each month ] Certificates of Rehabilitation- Weapon Possession (Convictions from Limited Jurisdiction Courts) 3:30 First Tues of each month

CHIEF CIVIL DEPARTMENT - Seattle - (Please report to E209 for assignment)D e liv e r w o rk in g c o p ie s to J u d g e s ' M a ilro o m , R o o m C 203. In u pper right co m er o f papers write "C h ief Civil D epartm ent" o r Judge's n a m e a n d date o f hearing[ ] Extraordinary Writs (Show Cause Hearing) (LCR 98.40) 1:30 p.m, Tues/Wed -report to Room E2Q9 [ ] Supplemental Proceedings

(1:30 pm Tues/W ed)(LCR 69)[ ] DOL Stays 1:30 pm Tues/W ed [ ] Motions to Consolidate with multiple judges

assigned (without oral argument) fLCR 40(b)(4))

Non-Assigned Cases:] Nan-Dispositive Motions M-F (without oral argument).] Dispositive Motions and Revisions (1 :30 pm Tues/W ed) ] Certificates of Rehabilitation (Em ploym ent) 1:30 pm

Tues/W ed (LCR 40(b)(2)(B))

Sign: ____WSBA #31037Address: 11300 Roosevelt Way NE, Ste. 300Teleohone: 206-365-5500

Print/Type Name: Attorney for:City, State, Zip: Date:

Karma L. Zaike Respondent Seattle, WA 98125 February 6, 2015

NOTICE FOR HEARING - Seattle Courthouse Only ICSEA031407 - Page 1 of 2 www.metrokc.gov/kcscc/fofms.htfn

LAW O FFICESM ICHA EL W . BUGNI & ASSO C., PLLC11300 ROOSEVELT WAY NE, SUITE 300 SEATTLE, WA 98125(206) 365-5500 • FACSIMILE (206) 363-8067

http://www.metrokc.gov/kcscc/fofms.htfn

LIST NAMES AND SERVICE ADDRESSES FOR ALL NECESSARY PARTIES REQUIRING NOTICE

Name: Philip TsaiService Address: 2101 Fourth Ave Suite 2200City, State, Zip: Seattle, WA 98121WSBA# 27632Attorney for: RespondentTelephone #: 206-728-8000

Service Address:City, State, Zip:WSBA #:Attorney For:Telephone #:

Name:Service Address:City, State, Zip:WSBA#:Attorney For:Telephone #:

IMPORTANT NOTICE REGARDING CASES

Party requesting hearing must file motion & affidavits separately along with this notice, List names, addresses and telephone numbers o f all parties requiring notice {including GAL) on this page. Serve a copy of this notice, with motion documents, on all parties.

The original must be filed at the Clerk’s Office not less than six court days prior to requested hearing date, except for Summary Judgment Motions (to be filed with Clerk 28 days in advance).

THIS IS ONLY A PARTIAL SUMMARY OF THE LOCAL RULES AND ALL PARTIES ARE ADVISED TO CONSULT WITH AN ATTORNEY.

The SEATTLE COURTHOUSE is in Seattle, Washington at 516 Third Avenue. The Clerk’s Office is on the sixth floor, Room E609. The Judges’ Mailroom is Room C203.

Notice for Hearing - Seattle Only ICSEA031407 - Page 2 of 2 www.metrokc.gov/kcscc/forms. htm

LAW OFFICES____________________________MICHAEL W . BUGNI & ASSOC., PLLC 11320 ROOSEVELT WAY NORTHEAST SEATTLE, W A 98125(206) 365-5500 • FACSIMILE (206) 363-8067

http://www.metrokc.gov/kcscc/forms._htm

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1 3 -3 -0 8 3 8 3 -

■gTLEDWNS COUNTS MSHWGTOU

FEB 1 * M® DEPMmAEMTOT

jUDlGlW.»MMST,Wn0NA’a

m THE SUPERIOR COURT OF WASHINGTON IN AND FOR KING COUNTY

in re the Marriage of: )))1)

TWILA MARKHAM, NO. 13-3-0S3 83-7 SEA

Petitioner,) FINDINGS OF FACT AND

and ) CONCLUSIONS OF LAW) (Marriage)

GERALD WAYNE MARKHAM, ))))

Respondent

I. BASIS FOR FINDINGS

The Findings are based on agreement and on multiple Arbitration Decisions pursuant to the terms of the Binding Settlement Agreement executed by the parties on April 17,2014.

n . FINDINGS OF FACT

Upon die basis of the court record, the Court finds:

2.1 RESIDENCY OF PETITIONERIn an Order entered October 18,2013 tills court ruled that Wife was a Resident of die State of Washington at the time she filed her petition for dissolution of marriage and has personal jurisdiction over the wife.

2.2 NOTICE TO THE RESPONDENT.

LAW OFFICES__________________________MICHAEL W. BUGNI & ASSOC., PLLC 11300 ROOSEVELT WAYNE, STE. 300

FnflngsofFnct and Cond ofLtrw (FNFCC) - Page l 0F6 SEATTLE, WA 08125WPF DR 04.0300 Mandatory (6/2012)- CR 52; RCW 26.09.030; .070(3) (206) 365-5500 » FACSIMILE (206) 363-S067

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In an Order entered October 1S, 2013 this court ruled that Husband -was personally served die petition for dissolution of marriage while he was voluntarily present in Washington Sate,

2.3 BASIS OF JURISDICTION OVER THE RESPONDENT.

This court has jurisdiction over the Respondent based on the rolings.made in the Order entered herein on October 18,2013.

2.4 DATE AND PLACE OF MARRIAGE.

The parties were married on July 6,1981 in Las Vegas, NV.

2.5 STATUS OF THE PARTIES;

The Husband and Wife separated on April 24,2013,


The marriage is irretrievably broken and at least 90 days have elapsed since the date the Petition was filed and since the date the Summons was served on the Respondent

2.7 PROPERTY SETTLEMENT AGREEMENT/PRENUPITAL AGREEMENT.

The parties disagree as to the existence of any prenuptial agreement but have signed a CR 2A Agreement so resolution of this issue is not necessary.

2.8 COMMUNITY PROPERTY.

The parties have real or personal community property that has been equitably divided as set forth in the parties’ Decree. Said Decree is incorporated by reference into these Findings of Fact as if set forth fully herein,

2.9 SEPARATE PROPERTY.

The parties have real or personal separate property which has been awarded to diem as set forth in the parlies’ Decree, Said Decree is incorporated by reference into these Findings of Fact as if set forth fully herein.

LAW OFFICES__________________________MICHAEL W, BUGNI & ASSO C , PLLC 11300 ROOSEVELT WAY NE, STE. 300

Fndngs of Fact and Concl ofLaiv (FNFCL) - Page 2 of 6 SEATTLE, WA 98125WPFDR 04,(3300 Mandatory (6/2012) - CR 52; RCW 26.09.030; .070(3) (206) 365-5500 * FACSIMILE (206) 363-8067

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2.10 COMMUNITY LIABILITIES.

The parties have incurred community liabilities which have been allocated to them as set forth in the parties’ Decree. Said Decree is incorporated by reference into these Findings of Fact as if set forth fully herein.,

2.11 SEPARATE LIABILITIES.

The parties have incurred separate liabilities that have been allocated to them as set forth in the parties’ Decree, Said Decree is incorporated by reference into these Findings of Fact as if set forth fully herein.

2.12 MAINTENANCE.

Neither party is awarded maintenance, which is not subject to modification.


Tire current no contact order in Seattle Municipal Court Cause No. 588438 shall remain in foil force and effect until extinguished by that court. The Husband understands that the Wife does not want to have any contact with him and he agrees not to make any efforts to initiate or maintain contact with Twila Markham.


Does not apply.

2.15 FEES AND COSTS.

Does not apply.

2.16 PREGNANCY.

The Wife is not pregnant,

2.17 DEPENDENT CHILDREN.

LAW OFFICES_________________________MICHAEL W. BUGNI & ASSOC., PLLC 11300ROOSEVELT WAY NE. STE. 30D

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Tne parties have no dependent children of this marriage.


Does not apply because there are no dependent cliildren.


Does not apply.

2.20 CHILD SUPPORT.

Does not apply.

2.21 OTHER.

There are other provisions which are set forth in the parties5 Decree which are incorporated by reference into these Findings as if set forth fully herein.

III. CONCLUSIONS OF LAW

The Com! makes the following Conclusions of Law from the foregoing Findings of Fact

3.1 JURISDICTION.

The Court has jurisdiction to enter a Decree in this matter.

3.2 GRANTING OF A DECREE.

The parties should be granted a Decree.

3.3 PREGNANCY,

Does not apply.

3.4 DISPOSITION.

The Court should determine the marital status o f the parties, make provision for tire disposition of property and liabilities of the parties, and make provision for any

LAW OFFICES _____________________MICHAEL W. BUGNI & ASSOC., PLLC 11300 ROOSEVELT WAY NE, STE. 300

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necessary continuing restraining orders. The distribution of property and liabilities as set forth in the decree ls fair and equitable.


The current no contact order shall remain in full force and effect until extinguished by the court in (Seattle Municipal Court Cause No. 588438). The Husband understands that the Wife docs not warn to have any contact with him and he agrees not to make any efforts to initiate or maintain contact whh Twila Markham.


Docs not apply.

3.7 ATTORNEY'S FEES AND COSTS.

Presented by;

MICHAEL W. BUGNI & ASSOCIATES, PLLC

KARMA I.. ZAIRE, WSBA U 31037 I’ Attorney for Petitioner/Wife

Copy Received, Approved for Entry and Notice of Presentation Waived by;

PHILIP t SaI, WSBA # 2L7b3Z Attorney for Rcspondent/Husband

TWILA MARKHAM Petitioner/WifeElectronic Signature Approved

GERALD MARKHAM Respondents usband

F«m#ES #f P*et ami Con cl of lUtw (FNFCL>—Pngc 5 of 6WPF DR W.030& Mandatory (6/2012) - CR 5£ RCW 26.05.030: .07?USi

LAW OFFICES____________ .MICHAEL W. BUGNI & ASSOC., PU jC 1,300 ROOSEVELT WAY NE. STE. 300 SEATTLE. WA 93123(206) 365-S500 » FACSIMILE (206) 363-S0S7

S1LEBKING COUNTY, WASHINGTON

FEB 1 2 2015

DEPARTMENT OF JUDICIAL ADMINISTRATION

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In re lire Marriage of: ))

TWILA MARKHAM, ))

Petitioner, ))

and ))

GERALD WAYNE MARKHAM ))

Respondent ) ____________ )

NO. 13-3-08383-7 SEA

DECREE OF DISSOLUTION (Marriage)

I. JUDGMENT/ORDER SUMMARIES

1.1 REAL PROPERTY’ JUDGMENT SUMMARY.

Real Property Judgment Summary is set forth below:

Assessor’s property tax parcel or account number: See Exhibits H and W.

1.2 MONEY JUDGMENT SUMMARY.

Does Not ApplyEND OF SUMMARIES

II. BASISFindings of Fact and Conclusions of Law have been entered in this ease.

Octree (DCD) (DCLGSP) (DClftMG) - Page I of7VVJ»F DR 04.0400 Mandatory (6(2012) - RCW 26.09.030; ,040; .070 (3)

LAW OFFICES__________________________MICHAEL W. BUGNI & ASSOC., PLLC 11300 ROOSEVELT WAYUE, STE. 300 SEATTLE, WA 9SI25(206) 365-5500 • FACSIMILE (206) 363-8067

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HI. DECREE

IT 13 DECREED that:


The marriage of the parties is hereby dissolved,


The Husband is awarded as his separate property the property set forth in Exhibit H. This exhibit is filed ■under seal and incorporated by reference as part of this Decree,


The Wife is awarded as her separate property the property set forth in Exhibit W. This exhibit is filed under seal and incorporated by reference as part of this Decree.


The Husband shall pay the community or separate liabilities set forth in Exhibit H. This exhibit is filed under seal and incorporated by reference as part of tins Decree.


The Wife shall pay the community or separate liabilities set forth in Exhibit W. This exhibit is filed under seal and incorporated by reference as part of this Decree.

3.6 HOLD HARMLESS PROVISION.

Each parly shall hold the other party harmless from any collection action relating to separate or community liabilities set forth above, including reasonable attorney’s fees and costs incurred in defending against any attempts to collect an obligation of the other party.

3.7 MAINTENANCE.

Each party waives maintenance against tire other, and this may never be modified.

3.8 RESTRAINING ORDER.

LAW OFFICES__________________________MICHAEL W. BUGNI & ASSOC, PLLC 11300 ROOSEVELT WAY NE. STE 300

Decree (DCD) (DCLGSP) (DC1NMG) - Pag«2 oft SEATTLE, W A 98125WPP DR 04.0400 Mandatory (S/2012) - RCW 20.09.030; .040; .070 (3) (206) 365-5500 » FACSIMILE (206) 363-8067

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Hie current no contact order in Seattle Municipal Court Cause "No. 588438 shall remain in full force and effect until extinguished by the criminal court. The Husband, Gerald Markham, understands that the Wife does not want to have any contact with him and he agrees not to make any efforts to initiate or maintain contact with Twila Markham.

3.9 PROTECTION ORDER

Does not apply.


Does not apply.


Does not apply.

3.12 CHILD SUPPORT.

Does not apply.

3.13 ATTORNEY’S FEES, OTHER PROFESSIONAL FEES AND COSTS.

Does not apply.

3.14 NAME CHANGES.

Does not apply.

3.15 O THER

3.15.1 Employment Benefits. Each party shall retain as his or her sole and separate property, free and clear of any interest in the other, ail those rights and benefits which have been derived as the result of his or her past or present employment, union affiliations, military service. United States or other citizenship and/or residence within a state including, but not limited to:

LAW OFFICES__________________________MICHAEL W. BUGNI & ASSOC.,PLLC 11300 F.OOSEVELT WAY NE, STE. 300

Decree (DCD) {DCLGSP) (DCINMG) - Pago 3 or? SEATTLE, WA 98125WPF DR 04.0400 Mandatory (6/20i2) - RCW 26.09.030; .040; .070 (3) {206} 365-5500 ♦ FACSIMILE (206) 363-8067

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Various forms of insurance, right to social security payments, welfare payments, unemployment compensation payments, disability payments, Medicare and Medicaid payments, retirement benefits, sick leave benefits, educational benefits and grants, interests in health or welfare plans, interests in profit-sharing plans, and all other legislated, contractual and/or donated benefits, whether vested or non-vested and whether directly or indirectly derived through the activity of that specific party; provided, however, that said benefit or benefits have not been otherwise divided herein.

3.1512 Famiiv Memorabilia. The parties’ joint photos will be copied at joint expense. Mr. Markhatn may scan die photos in liis possession and email them to Ms. Markham or her designee without any communication within 120 days of the entry of this decree. Ms. Markham does not have a scanning device. If she is willing to have the photos scanned by a business that has such capabilities, the cost will be shared equally. If Ms. Markham is willing to have the photos scanned shall arrange to have the photos hi her possession scanned and emailed to Mr. Markham or his designee within 180 days of entry of this decree. If within 90 days thereafter either party wishes die original in die possession of die other or copies made from it or a negative, they will notify the other or the other’s designee. The original or a copy will be made which will be delivered to die other vvitiiin 90 days of the request being made. If a parly does not want direct communication with the other regarding this paragraph, he/she shall designate within 15 days of entry of this decree a third part}' to receive the communication. If either party is unwilling to have die photos scanned, he/she shall have the family photos in his/her possession copied within 120 days of entry of the decree and provide die copies to the other party.

3.15.3 Undisclosed Debts. Any community debt or obligation, not specifically swarded herein, incurred by either party, shall be the sole and separate obligation of die part}' who incurred it and who failed to disclose it in this Decree. If an undisclosed community debt was incurred by the parties jointly, then the parties shall remain jointly liable.

3.15.4 Undisclosed Assets. The parties, by tireir si gnature hereon, acknowledge and represent under penalty of perjury that each has made a full and complete disclosure of any and all financial assets they own or control or have placed in the control of others (separate or community). If it should later be established that community property assets with a net value of $1000 or more

Decree (DCD) (DCLGSP) (DCIN.MG) - Page 4 of 7WPF DR 04.0400 Mandatory (6/2012) - RCW 26,09.030; .040; .070 (3)

LAW OFFICES__________________________MICHAEL W. BUGNI & ASSOC., PLLC 11300 ROOSEVELT WAY NE, STE 300 SEATTLE WA 98125(206) 365-5500 * FACSIMILE (206) 363-8067

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were being held by a party (or held for a party by others) were not disclosed and/or were dissipated between the date of separation and the distribntion/signing of the CR2A Agreement {April 17,2014), the party who intentionally withheld/misrepresented the asset will be liable to the other party for 75% of the value of the asset, plus reasonable attorney fees incurred to uncover the hidden asset,

3.15.5 Enforcement Proceedings. It is understood the undertakings and commitments of both Husband and Wife in the Binding Settlement Agreement and this Decree are unique and that in the event of violation or of threat of violation by either party of the terms, conditions or provisions hereof, the other party may not have an adequate remedy at law. Therefore, : in addition to any other remedy available to the Husband or Wife in this decree or at law, either the Husband or the Wife shall have the remedies of specific enforcement and injunction in any court of competent jurisdiction to prevent violation of the terms herein.

3.15.6 Revocation of Wills. Powers of Attorney and Other Instruments. All previous wills, powers of attorney, contracts and community' property agreements between the parties hereto are hereby revoked and the parties are prohibited from exercising same.

3.15.7 Federal Income Tax. The parties shall file separately for the year 2013.• Each shall claim income associated with his/her employment or accounts in

his/her name. For 2013, the capital Josses shall be allocated to the party who incurred them. The accrued capital losses remaining after 2013 shall be awarded to the party who incurred them. In 2012, the parties overpaid taxes by $18,082 and elected to apply the overpayment to their 2013 estimated taxes. The Wife shall be awarded this $18,082 for her 2013 taxes. The Husband made two subsequent estimated tax payments of $10IC each in 2014. He shall be awarded those tax payments for his 2013 taxes. The parties shall each be awarded the passive losses associated with the property awarded to him/her. Cany forward losses accumulated prior to 2013 shall be allocated to the party who incurred them. Any accrued capital losses remaining after 2013 shall be awarded to the party who incurred them.

The parties intend that the property and debt division made in this Decree will result in no recognition of taxable gain or loss to either party, and that neither party shall adjust the basis of any asset or debt awarded or distributed

LAW OFFICES__________________________MICHAEL W. BUGNI & ASSOC., PLLC 11300 ROOSEVELT WAY NE, STE. 300

Decree (DCD) (DCLGSP) (DCINMG) - Page 5 of 7 SEATTLE, WA 98125WPF DU 04.0400 Mandatory (6/2012) - RCW 26.09.030; .040; .070 (3) (206) 365-5500 • FACSIMILE (206) 363-8067

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2pursuant to this Decree for income tax purposes as a consequence of the division.

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The husband has certified that to the best of his information and beiief, the documents from Merrill Lynch he provided to wife constitutes records that allows wife to determine the ANEFX Mutual Fund purchase price,

3,15.8 Performance of Necessary Acts. Each party shall execute any and all deeds,bills of sale, endorsements, forms, conveyances ox other documents, and perform any act which may be required or necessary to carry out and effectuate any and all of the purposes and provisions herein set forth. .

3-15.9 DeJiverv/Judsment Each of the parties shall take all steps necessary to see that all ofihe provisions contained in this Decree are given full effect Unless otherwise set forth above, each party shall make delivery to the other party within 45 days of the date hereof those items of personal property awarded to the other party which are at the present time in his or her possession. Each party is obliged to exert his or her best efforts to complete these transfers.

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3.15.10 There are remaining issues that needjdlbe arbitrated with Howard Bartlettpursuant to Arbitration Decision ofidanWy 13/2105 anjpfie shall continue to have jurisdiction to resolve thosq4ssud^-aftertuieJDecjsde of Dissolution is entered with the/Court,

DATED:


Presented by:

MICHAEL V. BUGNI & ASSOCIATES, PLLC

)?E/COURT C O M M O N E R

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. Y M a m M M C I x j ______________fC AJR M A L . Z A T IC B , W S B A # 3 1 0 3 7

Attorney for Petitioner/Wife

25 A signature below is actual notice of this order.

YwWILA MARKHAMPetitioner/Wife


LAW' OFFICES_________________________MICHAEL W. BUGNI & ASSOC, PLLC 11300ROOSEVELT WAY NE, STE. 300

Decree (DCD) (DCLGSP) (DCINMG) - Page 6 of7 SEATTLE, WA 98125WPF DR 04.0400 Mandatory (6/2012) - RCW 26.C9.030; .040; .070 (3) (206) 365-5500 * FACSIMILE (206) 363-8067

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Gerald Markham Attorney fl 520S487130 1 3 - 3 - 0 8 3

Copy Received, Approved for Entry and Notice of Presentation Waived by;

TSAI LAW COMPANY, PLLC

PHILIP a TSAI, WSBA #27632 Attorney for Respondent/Husband Responder) t/Husband

LAW OFFICES _______MICHAEL Yf, BUGW ft ASSOC., TLLC 11300 ROOSEVELT WAY NE. STE. 300

Decree (DCD) rnCMWP) (DCINMG) * W 1 ( I f? SEATTLE, WA 98125W F rnt <H.IN0D MnwlKUiry (6/2012) - RCW 26,03.030; .040; .070 (3) (206) 365-5500 » FACSIMILE (206) 363-805?

26 Twila Markham v Gerald Markham Final Orders 13-3-08383-7 SEA

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Transcript of 26 Twila Markham v Gerald Markham Final Orders 13-3-08383-7 SEA