FILED

13 OCT 16 AM 9:33
KING COUNTY
SUPERIOR COURT CLER
E-FILED
CASE NUMBER: 13-3-08383-7

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IN THE SUPERIOR COURT OF WASHINGTON

IN AND FOR KING COUNTY

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In re the Marriage of:

TWILA MARKHAM

)
)

)
Petitioner,

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and

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NO. 13-3-08383-7 SEA

)DECLARATION

)
GERALD WAYNE MARKHAM
Respondent.

OF
TWILA MARKHAM

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)

____________________________________________ )

TWILA MARKHAM, on oath, certifies and declares as follows:

1.

Ia m the Petitioner in the above-captioned case. I have personal knowledge of

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the following facts and I am competent to testify.
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2.

Jerry is currently in domestic violence batterers treatment arising out of

violence against me that resulted in arrest (Seattle Municipal Court Cause No. 588438). Since

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our separation, Jerry has refused to disengage from me. His motion to the court requesting

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live testimony is an attempt to intimidate me. He has made significant efforts to contact me

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through mutual friends which I have refused. I believe that because I refuse to meet Jerry in

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person, he insisted that the criminal No Contact Order contain a clause that allows contact in

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DECLARATION OF TWILA M ARK H AM -1

LAW OFFICES-----------------------------------M i c h a e l W. B u g n i & Assoc., p l l c

11300 ROOSEVELT WAY NORTHEAST, STE 300
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067

1 the divorce proceeding. I was not consulted prior to that loophole being included and do
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not want contact with Jerry in person or through court proceedings.

3.

Jerry knows where I live, and he used to live with me at my current residence.

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The No Contact Order prohibits Jerry from coming to my residence and prohibits him from
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having contact with me. Jerry is an attorney and knows court rules. I believe that he
intentionally had me served on a Sunday afternoon knowing that I would not have access to

my attorney or therapist. Jerry has been contacting mutual friends repeatedly telling them that

he wants to have contact with me. The fact that he had me served at home, on a weekend,

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without access to counsel was done intentionally to intimidate me. I am concerned that Jerry
will continue to escalate with underhanded litigation tactics and do not want to have any

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contact with him.
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4.

My testimony has been consistent since the filing o f my petition for dissolution

that I live and intend to continue residing in Washington. I stand by my declaration dated

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October 4. Jerry has not provided any testimony or evidence that he does not live in

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Washington. In response to interrogatories, Jerry testified under oath that Jerry was in Alaska

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only 42 days in the 17 months prior to and including May, 2013. Conversely, he was in

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W ashington (where we own homes, an airplane and cars) 321 days. Exhibit E,

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Interrogatory No. 3, pg. 9. Jerry has failed to meet his burden to show that he lives anyplace

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other than Washington and the same is true for me. Jerry spent our marriage bullying me. He

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DECLARATION OF TWILA MARKHAM- 2

LAW OFFICES________________________
M ic h a e l W. B u g n i & Assoc., p l l c
11300 ROOSEVELT WAY NORTHEAST, STE 300
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067

1 continues to try and bully me through the legal system by asserting that I do not know where I
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live or that I am not being honest. Neither is true.

5.

Ia m asking that the court quash Jerrys subpoena to me and to deny his request

for live testimony. In the alternative, I request that the court provide me with ample time to

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be prepared for the hearing. Jerrys motion should be denied and I should be awarded

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attorneys fees as set forth in my proposed order.

I certify and declare under penalty o f perjury under the laws o f the State o f
Washington that the foregoing statement is true and correct.

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Dated: October 16,2013

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TWILA MARKHAM
Petitioner/Wife

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DECLARATION OF TWILA MARKHAM- 3

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

Exhibit E

IN THE SUPERIOR COURT OF WASHINGTON

IN AND FOR KING COUNTY
In re the Marriage of

)
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TWILA MARKHAM
)
)
)
Petitioner
)
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and
)
)
GERALD WAYNE MARKHAM
)
)
)
______________________ Respondent )

No. 13-3-08383 SEA

RESPONSE TO PETITIONERS
AUGUST 30, 2013 DISCOVERY
REQUESTS

COMES NOW respondent Gerald Wayne Markham by counsel and answers

petitioners August 30, 2013 discovery requests as follows:
INTERROGATORY NO.1: Please provide the following for every flight you have taken
in the past two years:

a.
b.
c.
d.
e.

Date of departure and return

Destination;
Purpose of travel;
Method by which travel was paid; and
Names and contact information for any person accompanying you.

ANSWER: Objection overly burdensome insofar as this interrogatory is not

reasonably calculated to lead to the discovery of relevant evidence on the
jurisdictional issue presently before the court or any issue and requiring Respondent
to produce before jurisdiction is established is unduly burdensome as is the request
that Respondent to answer with respect to each flight. The dates and destination of
the flights are reflected in his log book produced in response to Petitioners request for
production number 2. Without waiver Respondent answers to the best of his ability
without benefit of his records that Petitioner has and has denied him access to:

SCANNED
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Various flights in Beach Musketeer 7998L:

Everett to Friday Harbor or Friday Harbor to Everett with occasional stops enroute
Oak Harbor (OAK) for fuel (and currency) on 4/12/12,10/2/12, 8/17/13:
a) Flights between Everetts Paine Field (PAE) and Friday Harbor (FHR) are
reflected in Respondents log book from 6/1 /11 to the date of these answers are
produced in response to Petitioners Request for production No 2.
b) See log
c) Generally the purpose was to spend time professional and personal time in the
Friday Harbor house/office/property and return to Everett to do likewise in
Seattle except when traveling for a specific purpose noted below. Occasionally
stops would be made enroute to see former clients, witnesses and friends
(names of passengers often but not always in logs) or to keep skills current
these occurred on the following dates:
9/1/11 FHR to local (LCL) Bi-annual flight review Instructor Dan DeShawn
Westwind aviation http://www.westwindav.com
9/16/11 FHR to LCL currency night qualification.
10/1/11 FHR to Bellingham(BLI) Pick up Jeannie Mooberrys grandson
then to Everett (PAE) for Jeannie ph 206-510-5785 then Port Townsend
(PTW) for lunch with Charlie and Kathy Magnusen ph 360-582-9630 and
then return to Everett (PAE) with Jeanie and grandson.
10/5/11 Everett (PAE) to Squim (W-28) and return to (I believe) see or
pickup Don Darnell ph 907-299-2048) but may have been for currency.
10/27/11 after flight from FHR at PAE, 3 landings for night currency
12/1/11 Everett (PAE) taxi to annua! at Crown Aviation PH 866-355-4088
12/10/11 Everett (PAE) to LCL test flight and currency post annual
12/14/11 Everett (PAE) to LCL currency 3 night landings
3/7/12 Everett (PAE) to LCL currency
4/21/12 Everett (PAE) to LCL and Harvey airfield for currency
5/22/12 FHR to Lynden (W-38) for currency
10/19/12 Everett (PAE) to LCL for currency
11/27/12 Everett (PAE) to LCL for currency
12/4/12 Everett (PAE) to LCL for post annual checkup
5/24/13 Friday Harbor (FHR) to Bellingham (BFI) and return for currency
7/25/13 Kodiak (ADQ) to LCL pilot in command w/ Steve Wood (PH
907-539-6518) in his PA-32 Cherokee 6 for currency and check ride.
9/1/13 Everett (PAE) to Squim (W-28) with Jennie Mooberry to meet
Kathy and Charlie Magnuson for air show and dinner at Magnusons
9/2/13 Return Squim (W-28) to Everett (PAE) with Jeannie.
d) Fuel was charged on Band of America Alaska Airlines credit card
e) Twila Markham (not logged) on many but not all Friday Harbor/Everett flight

COMMERCIAL FUGHTS:

8/6/13:
a) Depart Kodiak (have not yet returned)
b) Friday Harbor (with stop over in Seattle to attend appointment with Dr. Maiuro
8/8/13)
c) Meet with Dr. Maiuro and prepare and comply with my court ordered attendance
at status hearing in City of Seattle v. Markham Case # 5888438
d) Bank of America Alaska airlines credit card and mileage plan
e) None
7/9/13
a)
b)
c)
d)
e)

Depart Blue Fox Bay Lodge (return from 7/2/13 flight)

Kodiak
return home
Bank of America Alaska Airlines Credit Card
Same as 7/2/13 flight out

a)
b)
c)
d)
e)

Depart Kodiak
Blue Fox Bay Lodge
Inspect Lodge, accompany guests, subsistence fish,
Bank of America Alaska Airlines Credit card
David Greisen, Jessica Bell, Daniel Greisen, Leanne Andruszkiewicz

7/2/13

6/13/13
a) Depart Friday Harbor in 7998L to Everett and then on to Alaska that evening
(overnight Anchorage and on to Kodiak 6/14.
b) Kodiak with stop in Seattle to attend appointment with Dr. Mairuo and catch
jet to Alaska.
c) See Dr. Maiuro return home to Kodiak.
d) gas and flight on Bank of America Alaska airlines credit card.
e) None
4/9/13
a) Depart Tucson for Seattle
b) Seattle and Friday Harbor (enroute return to Kodiak)
c) See Dr. Maiuro, check on property, address business matters in Seattle
enroute Kodiak Home
d) Bank of America Alaska airlines credit card and mileage plan
e) Twila Markham

12/31/12
a) Depart Seattle enoute Tucson and Phoenix
b) Tucson, Phoenix and Green Valley, AZ
c) See and work with dying client, inspect property, work and write in quiet
location, meet with counsel on estate plan and attend Fiesta Bowl
d) Bank of America Alaska airlines credit card and mileage plan
e) None (Twila Markham joined me a few days later)
12/21/13
a)
b)
c)
d)
e)

Depart Kodiak enroute Seattle.

Seattle enroute Tucson, Phoenix and Green Valley AZ
Business in Seattle and be with wife over Christmas
Bank of America Alaska airlines credit card and mileage plan
none

12/9/12
a)
b)
c)
d)
e)

Depart Seattle enroute Anchorage and return home to Kodiak

Anchorage and Kodiak
Oral argument Motion for SJ Anchorage, return home Kodiak.
Bank of America Alaska airlines credit card and mileage plan
None

8/16/12
a)
b)
c)
d)
e)

Depart Everett in 7998L

Friday Harbor
Inspect property and work in quiet location
Gas Bank of America Alaska airlines credit card
Twila Markham (I think)

7/30/12
a)
b)
e)
d)
e)

Depart Anchorage
Seattle and Friday Harbor
Business in Seattle meet with attorneys
Bank of America Alaska airlines credit card and mileage plan
None

7/26/12
a) Depart Kodiak for Anchorage
b) Anchorage
c) Lecturer Alaska Admiralty Bar CLE
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d) Bank of America Alaska airlines credit card and mileage plan (Anchorage leg
reimbursed by the Alaska Bar Association)
e) none
7/4/12
a)
b)
c)
d)
e)

Depart Blue Fox Lodge

Kodiak
Return home
Bank of America Alaska airlines credit card and mileage plan
Twila Markham

6/30/12
a)
b)
c)
d)
e)

Depart Kodiak
Blue Fox Bay Lodge
Inspect lodge, subsistence fish
Bank of America Alaska airlines credit card and mileage plan
Twila Markham

6/27/12
a)
b)
c)
d)
e)

Depart Seattle for Kodiak

Kodiak
Return home Kodiak
Bank of America Alaska airlines credit card and mileage plan
Twila Markham

6/22/12
a)
b)
e)
d)
e)

Friday Harbor to Everett in 7998L

Seattle
enroute Kodiak
gas on Bank of America Alaska airlines credit card
Twila Markham

5/20/12
a)
b)
c)
d)
e)

depart Everett for Friday Harbor in 7998L

Friday Harbor
Inspect property work in quiet location
Gas Alaska airlines credit card
Twila Markham

4/20/12
a)
b)
c)
d)
e)

Tucson to Seattle
Seattle and Friday Harbor enroute return to Kodiak
Business matters in Seattle, inspect property and write in a quiet location
Bank of America Alaska airlines credit card and mileage plan
Twila Markham

3/27/12
a)
b)
c)
d)
e)

Depart Seattle for Tucson and Green Valley AZ

Green Valley
See and work with ill client, inspect property and work in quiet location
Bank of America Alaska airlines credit card and mileage plan
None Twila went down ahead

1/7/12
a) Depart LA
b) Seattle
c) Work in Seattle enroute Tucson and Green Valley
d) Alaska airlines credit card and mileage plan
e) Twila Markham
12/31/11
a) Depart Seattle for LA, CA
b) LA
c) Meet with attorney attend Rose Bowl
d) ) Bank of America Alaska airlines credit card and mileage plan
e) Twila Markham
10/15/11
a) Depart Everett
b) Eugene, Oregon diverted McMinnville Or due to weather
c) Meet with counsel on estate planning and litigation and football game
d) none

10/11/11
a) Depart Friday Harbor
b) Everett
c) research and work in preparation for Alaskan litigation
d) gas Bank of America Alaska airlines credit card
e) Twila Markham

9/16/11
a) Depart Seattle in 7998L
b) Friday Harbor
c) inspect property work in quiet location
d) Gas Bank of America Alaska airlines credit card
e) Twila Markham
9/6/11
a) Depart Dallas
b) return Seattle
c) return from meeting with client/friend in connection with football game.
d) Bank of America Alaska airlines credit card and mileage plan
e) Twila Markham
9/2/11
a) .Depart Seattle
b) Dallas TX
c) meeting with client/friend in connection with football game
d) Bank of America Alaska airlines credit card and mileage plan
e) Twila Markham
9/1/11
a) Depart Friday Harbor
b) Everett
c) enroute Dallas
d) gas Bank of America Alaska airlines credit card
e) Twila Markham

INTERROGATORY NO. 2: During the past two (2) years, have you charged on any

credit card a flight ticket for yourself and/or any other person. If so, with respect to
each such account, provide the following information:

a. Name and address of bank and financial institution at which the account(s)
is/are maintained;
b. Type of account(s) and account number;
c. Date of each flight charged;
d. Destination of travel for each trip

ANSWER:
Objection overly burdensome insofar as this interrogatory asks Respondent
to identify flights amply identified produced in response to Petitioners
Interrogatory No 1 and is not reasonably calculated to lead to the discovery
of relevant evidence. The Bank of America Credit Cards on which the tickets
for the above were charged is and always has been maintained by the
Petitioner who has chosen so far as Respondent is aware to receive the
statements and arrange for their payments online. She has the password to
that online account.. She also made most of the purchases from the airlines
and knows (or with this listing can determine) which of the several credit
cards were used. Respondent does not have this password and further
objects to putting credit card #s in an interrogatory answer, which can
become subject to public disclosure. Without objection in addition to the
tickets charged for the Respondent and Petitioner. The tickets on July 2-9
2013 to Blue Fox Bay for David Greisen, Jessica Bell, Daniel Greisen,
Leanne Andruszkiewicz were charged and on information and belief
Petitioner on rare occasions may have charged other tickets for Karen
Loutensock, Michael Bennett and possibly Cherly Coonrod, and Jade, Juan
and Ryan Bennett and possibly others*on these cards or their associated
mileage plans with Respondents consent. So far as Respondent is aware
there were no charges to any other cards responsive to this request for any
other persons during this period.
6 /r * * * '* *
v~~
REQUEST FOR PRODUCTION NO.1: Pursuant to Civil Rule 34, you are requested to
produce, at the date, time and place that you serve your answers to these
Interrogatories, all documents underlying, substantiating and/or evidencing your
answer to the immediately preceding two Interrogatories. You may comply with this
Request by attaching a copy of each such document to your answers to these
Interrogatories.
ANSWER:
Objection. Objection overly burdensome insofar as this interrogatory asks Respondent
to identify flights amply identified produced in response to Petitioners Interrogatory No
1 and is not reasonably calculated to lead to the discovery of relevant evidence. The
documents responsive to this request are in Petitioners immediate control and not
Respondents. With the forgoing answers in hand it should be a simple thing for her to
look these charges up. Respondent does not have this ability absent obtaining
documents from the bank that petitioner already has.

INTERROGATORY NO.3: Please state how many days each month you have spent in Washington
and in Alaska from January 1,2012 to the present.
ANSWER:

ALASKA WASHINGTON ARIZONA OTHER

January, 2012

22

February, 2012

28

March, 2012

27

April ,2012

10

20

May, 2012

31

June, 2012
July, 2012

26

26

August, 2012

31

September, 2012

27

October, 2012

21

10

November, 2012

19

December, 2012

12

11

22

January, 2013

31

February, 2013

28

March,2013

31

April, 2013

21

May, 2013

31

June, 2013

16

July, 2013

31

14

August, 2013

25

TOTAL

95

360

131

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INTERROGATORY NO.4: Please state the name and location of each health care

provider from whom you have received care within the past two years:
a) Name, address and phone number of each health care provider;
b) Date and duration of each health care appointment;
ANSWER:
OBJECTION is not reasonably calculated to lead to the discovery of relevant evidence
and privileged by the doctor patient relationship but without waiver and benefit of all
my records, which Petitioner has denied me. To the best of my determination:
Dr. Maiuro Cabrinii Medical Tower 901 Boren Ave, Suite 1010 Seattle, WA. 98104
seen 11/27/12, 4/18/13, 5/9/13, 5/14/13, 5/16/13, 5/28/13, 6/4/13, 6/13/13, 8/8/13,
8/16/13, 8/29/13, 9/1/13, (a scheduled meeting on 9/10/13 was cancelled due to Dr.
Maiuro being called away due to a death in his family). 9/26/13. Sessions 1-1.5 hours.
8/30/13, 5/16/13 (approximate), 8/6/12. Dr. Leslie Lu and 6/21/12 (when Dr. Gilmore
saw me due to Dr. Lus family emergency) and Durations not noted. Minor and James
1200 112th Ave. NE Suite B250 Bellevue, WA 98004 425-462-1132
8/30//13 duration not noted Dr. Paul Manner UW Medicine Eastside Specialty center
Bellevue WA 206-598-4288 & 9/9/12 at UW Medical Center at Roosevelt 4245
Roosevelt Way NE Seattle, WA 98105
6/25/13 and 6/11/12 duration not noted Dr. Randal C. Franke, MD. 5803 232nd St
SW, Mountlake Terrace, WA 98043. 425-27-0299
5/16/13 and 5/21/12 Dr. Kritzer Virginia Mason Medical Center 1100 9th Ave Seattle,
98101 (888) 862-2737 duration not noted but 1hr.+
8/28/12 Dr. Lord Virginia Mason supra duration not noted.
10/29/12 Dr. Ochs Virginia Mason supra duration not noted
12/6/12 Dr. Nakamoto Virginia Mason supra duration not noted.
REQUEST FOR PRODUCTION NO.2: Please produce legible copies of your Pilot's

Log Book for the past two years for all aircraft you have piloted, including but not
limited to the Beech Mucketeer, N7998L.
Response OBJECTION is not reasonably calculated to lead to the discovery of
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relevant evidence on the jurisdictional issue presently before the court or any issue
and requiring Respondent to produce before jurisdiction is established is unduly
burdensome.. But without waiver produced herewith.
REQUEST FOR PRODUCTION NO.3: Please produce legible copies of statements

for all bank accounts you have for the past two years.
RESPONSE:
Response OBJECTION is not reasonably calculated to lead to the discovery of
relevant evidence on the jurisdictional issue presently before the court and requiring
Respondent to produce before jurisdiction is established is unduly burdensome. The
documents responsive to this request are in Petitioners immediate control and not
Respondents. Respondent does not have this ability absent obtaining documents
from the bank that petitioner already has.
ANSWERS SUBMITTED: September2J 2013.
< -C"'..

..

... I

..

DAISUKE TAKAHASHI, WSBA #46046

Attorney for Respondent

STATE OF WASHINGTON
) ss.
COUNTY OF KING

)
)

GERALD WAYNE MARKHAM, being first duly sworn, on oath, deposes and says:
That I am the Respondent herein, and I am qualified to answer the within and foregoing interrogatories; that I
have read the within interrogatories, know the answers thereto and believe the same to be true and accurate to
the best of my knowledge, information and belief.
SUBSCRIBED AND SWORN TO before me this 27 day of September, 2013.

GERALD WAYNE MARKHAM

IlhrtglhinfffUKlftiiii f t i i

Notary PuWie
State of Washington
JEROMY LEWS
My Appointment Expire* Jan 14.2017

Notary's Printed Name:

ro
U>
/ _&ca3>^ _____
NOTARY PUBLIC in and for the ST^TE OF WASHINGTON,
residing at
\ Cne ;
__________________
My commission expires:
FI Zci~f

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