Professional Documents
Culture Documents
15 FEB 06 PM 4:26
KING C O U N T Y
S U P E R IO R C O U R T CLERK
E'-FILED
CA SE N U M B ER : 13 -3-08383-7 !
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Petitioner,
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Respondent.
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Attorney o f Record, KARM A L. ZAIRE o f Michael W. Bugni & Associates, PLUG, and
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RELIEF REQUESTED
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Entry o f the arbitrated final orders: (1) Findings o f Fact and Conclusions o f Law;
and (2) Decree o f Dissolution (including Exhibits H and W);
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1.2
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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 courts order, and impose daily sanctions for each day after
which that he fails to do so.
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II.
STATEMENT OF FACTS
LAW OFFICES_______________________
M ic h a e l W . B u g n i & Assoc., p l l c
11303 ROOSEVELT WAY NE, STE. 300
SEATTLE, WA 98125
(206) 36S-55D0 . FACSIMILE (206) 363-806?
This matter arises out o f a petition for dissolution o f marriage filed M ay 9, 2013. The
parties were represented by counsel and engaged in settlement negotiations on April 17, 2014.
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A CR 2 A Agreement was signed on that date. Arbitration regarding disputes over the drafting
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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
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The parties signed an agreed order on January 21, 2015 extending the deadline for the
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entry o f final orders to February 27,2015, confirming the arbitrators rulings o f 1/13/15 and
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1/14/15 which set a briefing schedule for the resolution o f final orders, and providing that the
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arbitrator shall issue a decision regarding final orders, to include arbitrated final orders, in
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The arbitrator issued his decision on February 4, 2015, including arbitrated final
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orders. The Petitioner therefore requests that the court enter these arbitrated final orders in
accordance with the parties agreement.
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disclosure statement within five days o f his receipt o f the document from the Petitioner. See
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Exhibit 1. The disclosure statement was sent to the Respondent on January 29,2015. E xhibit
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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
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LAW OFFICES_______________________
M ic h a e l W. B u g n i & Assoc., p l l c
11300 ROOSEVELT WAY NE. STE. 300
SEATTLE. WA 98125
(205) 365-5500 FACSIMILE (206) 363-8067
Respondent to sign the document within five days o f the courts order and imposing sanctions
for each day after which he fails to do so.
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m.
STATEMENT OF ISSUES
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3.1
Should the court enter the arbitrated Decree o f Dissolution and Findings o f
Fact and Conclusions o f Law?
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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?
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IV.
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This motion is based on the records and files herein.
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V.
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LEGAL AUTHORITY
The Petitioners motion is brought under RCW 26.09, RCW 7.04A, and King County
LFLR 5 and 6.
Confirmation o f Arbitrators Decisions. Once an arbitration decision has been issued,
the arbitrators award will not be vacated or modified; the court must enter a confirming
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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 awards5
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5See 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).
LAW OFFICES_______________________
M ic h a e l W. B u g n i & Assoc., p l l c
11300 ROOSEVELT WAY NE, STE. 300
SEATTLE. WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
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,
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modifying or correcting the awards.3 RCW 7.04A is the statute governing the current
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proceeding. Pursuant to RCW 7.04A. 190.45the 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
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confirmed.
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VI.
PROPOSED ORDERS
2See 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. Micks. 119 Wn.2d 151,156 (1992), reconsideration denied. If none o f statutory bases exists for
vacating, modifying, or correcting arbitration award, court must, on motion o f one o f parties within one year o f
award, confirm arbitration award. Id. Superior courts authority in arbitration proceedings is limited to
confirming, vacating, modifying, or correcting award. Petersen v. United Services Auto. Assn. 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 o f 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 o f reconsideration, review denied 132 Wa$h.2d 1006. Superior Court has limited
power o f 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 arbitrators 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 o f 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
LAW OFFICES_______________________
M ic h a e l W. B u g n i & Assoc., p l l c
11300 ROOSEVELT WAV NE, S T E 300
SEATTLE, WA 98125
(206) 365*5500 FACSIMILE (206) 363*8067
1. Order on Presentation;
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2. Findings o f Fact and Conclusions of Law;
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5:
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W ritten 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
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LAW OFFICES_______________________
M i c h a e l W. B u g n i & Assoc., p l l c
11300 ROOSEVELT W AY NE, STE. 300
SEATTLE, W A 98125
(208) 365-5500 . FACSIMILE (206) 363-8067
EXHIBIT 1
FILED
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JAN 2 6 2015
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S U P E R IO R C O U H T C L E R K
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m THE SUPERIOR CO URT OB' WASHINGTON
IN AND FOR ICING COUNTY
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TWILA MARKHAM,
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Petitioner,
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GERALD WAYNE MARKHAM,
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Respondent )
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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
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ORDERED, ADJUDGED AND DECREED:
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1, The deadline for the entry of final orders in this matter is extended to February 27,
2015,
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2. The arbitrators 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.
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LAW OFFICES____________________:___
M ic h a e l W . B u g n i & A s s o c .,
O rd e r-P a g e 1 o f 2
pllc
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.
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DATED:
J A /IO A /H
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Presented by:
MICHAEL W. BUGNI & ASSOC., PLLC
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Cony Received:
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LAW OFFICES
M ic h a e l W. B u g n i & Assoc., p l l c
Order - Page 2 o f 2
DEE MYERS
A tto rn e y at Law
Lagal Assistant
Re:
Conference,
January 13,2015
Page 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, T he original Deed, with Ms, Markhams signature, is to be delivered to
Mr. Tsais office no later than close o f business Monday, January 12, 2015,
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Quit Claim D eed He: Arizona Property, Ms, Markham has signed the Quit Claim
D eed with regard to the Arizona property Mr. Markham has no objections to that
D e e d 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, A t his own volition, he obtained a Quit Claim
D eed 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.
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Quit Claim D eed 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 e e d 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 H e cannot voluntarily provide information to Ms. Markham for the
preparation o f the D eed and then request reimbursement His reimbursement with
regard to the Anchorage Deed is denied.
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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
January 13,2015
Page 3 of 6
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 A N E F X 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
docum ent 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.
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Airline Miles. There is no dispute with regard to Ms, Markhams 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. Zaikes email o f December 18,2014.
10. PERS Q D R O . 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 Q D R O 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 n ot 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 o f information obtained from the PERS department would
not satisfy Mr, Markhams request. H e is basically asking for information from the
insurance carrier that Ms. Markham is properly maintaining the health insurance
January 13,2015
Page 4 of 6
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 Dom estic 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 o f 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 o f 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. D oing so seems overly
burdensome and unnecessary given the amount o f money involved. An annual
accounting will be sufficient.
January 13,2015
Page 5 of 6
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 som e 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. Markhams 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
January 13,2015
Page 6 of 6
13.
Attorneys Fees. A t this time I am not awarding any attorneys fees. That will be
deferred pending the resolution o f the final issues and compliance with this
Arbitration Decision.
Attorney at Law
H R B /d m
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Howard R. Bartlett
206.749.0166
1420 Fifth Avenue
Suite 3775
Seattle, WA 98101
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P:206.S65.5500 F: 20o.3(>3.B0S7
infn@lawgaic.net
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Mr. Philip C. Tsai
Tsai Law Company PLLC
2101 4th Ave, Suite 1560
Seattle, WA 98121-2352
RE:
Volvo Odometer
Kerry Bowers
Paralegal
KMB
CC:
Client
Enclosures
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FILED
15 FEB 06 PM 4:26
KING C O U N T Y
S U P E R IO R C O U R T CLERK
E-FILED
CA SE NU M BER: 13-3-0 838 3-7 S
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IN THE SUPERIOR COURT OF WASHINGTON
IN AND FOR KING COUNTY
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In re the Marriage of:
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TWILA MARKHAM,
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Petitioner,
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and
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__________________________ Respondent.
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TO:
W R IT T E N IN T E R R O G A TO R IE S
FO R FO R M A L P R O O F
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TWILA MARKHAM
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INTERROGATORY NO. 1.: Please state your full name and county o f address.
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ANSW ER:
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Twila Y. Markham
King County
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Yes.
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INTERROGATORY NO. 3.: Did you file a Petition lor Dissolution in King County Superior
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LAW OFFICES___________________________
M ic h a e l W . B u g n i & A s s o c ., p l l c
ANSWER:
Yes.
2
j
INTERROGATORY NO. 4 .: Were you a resident o f the State o f Washington at the time you
4
tiled your Petition for Dissolution?
5
ANSWER:
Yes.
7
8
9
10
INTERROGATORY NO. 5.: Was the Respondent, Gerald W. Markham, served in the State
o f Washington and has he responded to the petition?
ANSW ER:
11
12
INTERROGATORY NO. 6.: Have you and Gerald Markham agreed to divide your property
lo
14
ANSW ER:
15
16
17
No.
18
19
INTERROGATORY NO. 8.: Were you represented by legal counsel during the negotiation
20
21
ANSW ER:
Yes.
22
23
24
25
LAW OFFICES___________________________
M ic h a e l w . B u g n i
& A ss o c., p l l c
2
3
4
Yes.
5
6
7
No.
8
9
10
11
12
13
14
15
16
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.
17
18
19
20
YwiI.AMAltK.IiAM
21
Petitioner/Wife
22
23
24
25
LAW OFFICES___________________________
M i c h a e l W . B u g n i & A s s o c ., p l l c
FILED
15 FEB 12 PM 2:18
KING C O U N T Y
S U P E R IO R C O U R T CLEt
E -FILED
CA SE N U M B ER : 13 -3-08383
3
5
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SU PER IO R C O U R T O F W ASHINGTON
COUNTY O F KING
In re the Marriage of:
TWILA MARKH AM,
NOTICE OF PRESENTATION TO
EX PARTE
(NT)
Vs.
GERALD WAYNE MARKHAM,
Dcfendant/Respondent(s),
I. N O TIC E
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:
Dated: 02/12/2015
Signature m Lawyer or Moving Party
Philip C. Tsai, WSBA #27632
Attorney for Respondent
Notice o f Presentation to Ex Parle (NT)
Page l of I
FEB
WAsm/i-*on
12 m s
SUP^ F
^ clb ,k
aYJan* S m ^
D&Vry
M arkham
Plaintiff,
vs.
NO.
M arkham
Defendant,
13-3-08383-7 SEA
Howard, Greg
From:
Sent:
To:
Cc:
Subject
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.
13-3-08383-
WHGo o ^ H'NGIOH
1
FEB 1 * >'5
2
JUDICIAL AOMNISTBAHON
3
4
5
7
8
)
)
TWILA MARKHAM,
)
)
Q
S
10
Petitioner,
11
12
13
14
Respondent
15
16
17
18
21
H.
)
)
)
)
FINDINGS OF FACT
RESIDENCY OF PETITIONER.
In an Order entered October 18,2013 this court ruled that Wife was a Resident o f the
State of Washington at the time she filed her petition for dissolution of marriage and
has personal jurisdiction over the wife.
2.2
22
23
24
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.
19
20
)
)
)
and
25
LAW OFFICES_________________________
MICHAEL W. BUGNI & ASSOC., PLLC
11300 ROOSEVELT WAY NE, STE. 300
SEATTLE. WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
13-3-08383
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
2.3
Tins court has jurisdiction over the Respondent based cm the rulings.made in
the Order entered herein on October 18,2013.
5
6
7
2.4
8
9
2.5
STATUS OF TH E PARTIES;
10
The Husband and Wife separated on April 24,2013.
11
12
2.6
13
STATUS OF TH E 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
34
15
2.7
16
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.
17
18
2.8
COMMUNITY PROPERTY.
19
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.
20
21
22
23
24
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.
25
LAW OFFICES__________________________
MICHAEL W. BUGNI & A SSO C , PLLC
11300 ROOSEVELT WAY NE, STE. 300
SEATTLE, WA 98125
{206)365-5500 * FACSIMILE (206) 363-8067
13-3-08383
1
2
2.10
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.,
4
5
COMMUNITY LIABILITIES.
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.
8
9
10
2.12
11
12
MAINTENANCE.
Neither party is awarded maintenance, which is not subject to modification.
2.13
13
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.
14
15
16:
17
2.14
18
19
2.15
20
21
PROTECTION ORDER.
2.16
PREGNANCY.
22
23
24
2.17
DEPENDENT CHILDREN.
25
LAW OFFICES_________________________
MICHAEL W . BUGNI & ASSOC., PLLC
11300 ROOSEVELT WAY NE. STE. 30D
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
13-3-C83S3-
1
2
J!
2.19
6
7
2.20
PARENTING PLAN.
CHILD SUPPORT.
Does not apply.
2.21
OTHER.
10
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.
11
12
III.
CONCLUSIONS OF LAW
13
14
15
The Court makes the following Conclusions of Law from the foregoing Findings of Fact
3.1
16
17
JURISDICTION.
The Court has jurisdiction to enter a Decree in this matter-
3.2
18
GRANTING OF A DECREE.
The parties should be granted a Decree.
19
3.3
PREGNANCY.
20
21
22
23
24
3.4
DISPOSITION.
The Court should determine the marital status o f die parties, make provision for die
disposition of property and liabilities of the parties, and make provision for any
25
LAW OFFICES
_____________________
MICHAEL W. BUGNI & ASSOC,, PLLC
11300 ROOSEVELT WAY NE, STE. 300
G erald
Ii
R^fcorney
fl 5 2 0 8 4 8 7 1 9 0
13-3-
2
3
Markham
3.5
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.
7, 3.6
PROTECTION ORDER,
3.7
1C,
u
12
13
H
15
Presented by:
16
17
18
w m J //
rw iu markham"
Pctitlonei/WiCe
Electronic Signature Approved
20
21
22
23
24
GERALD MARKHAM
Respondcnt/H usband
25
LAW OFFICES
MICHAEL W. BUGNI & ASSOC., PLLC
1HOO ROOSEVELT WAY NE. STE. 300
SEATTLE. WA 9S5123
(206) 365-S500 FACSIMILE (206) 363-S0G7
1 3 - 3 - 3 3 3 8 3 - 7 , SEA
FILED
KINSCOUNTY, WASHINGTON
FEB 1 %2015
DEPARTMENTOF
JUDICIALADMINISTRATION
)
)
)
TWILA MARKHAM,
Petitioner,
and
)
)
)
DECREE OF DISSOLUTION
(Marriage)
)
)
Respondent
_________________________________________ )
I.
1,1
JUDGMENT/ORDER SUMMARIES
1.2
END OF SUMMARIES
II.
BASIS
Findings 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
SEATTLE, WA 98 J25
(206) 365-5500 FACSIMILE (206) 363-8067
13-3-05383-7
III.
DECREE
2
3
IT IS DECREED that:
3.1
5
6
3.3
10
3.4
13
3.5
16
17
18
14
15
11
12
8
9
3.6
19
20
21
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
SEATTLE, W A 9S525
(206) 365-5500 FACSIMILE (206) 363-8067
13-3-0S383-7
1
2
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
4
5
6
3.9
7
8
PROTECTION ORDER
3.10
10
3.11
PARENTING PLAN.
11
Does not apply.
12
13
3.12
14
15
CHILD SUPPORT.
Does not apply.
3.13
16
17
18
3.14
19
20
21
22
23
24
NAME CHANGES.
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:
25
LAW OFFICES_________________________
MICHAEL W. BUGNI & ASSOC., PLLC
11300 ROOSEVELT WAY NE, STE. 300
SEATTLE, WA 98125
{206} 365-5500 FACSIMILE {206) 363-8067
13-3-06333-7
1
>
2
3
4
5
6
3,15/2
3.15.3
3.15.4
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
LAW OFFICES_________________________
MICHAEL W. BUGNI & ASSOC., PLLC
11300 ROOSEVELT WAYNE, STE 300
SEATTLE WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
13-3-08383-7
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,
2
3
4
5
6
3.15.5
3.15.6
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 o f $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.
7
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n
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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
25
LAW OFFICES_________________________
MICHAEL W. BUGNI & ASSOC., PLLC
11300 ROOSEVELT WAY NE, STE, 300
SEATTLE, WA 98125
(205) 365-5500 FACSIMILE (206) 363-8067
13-3-08383
1
pursuant to this Decree for income tax purposes as a consequence of the
division.
2;
3
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.
4I
si
6
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.
7
8
9
10
11
12
13
3.15.10 There are remaining issues that need teffbe arbitrated with Howard Bartlett
pursuant 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.
14
15
16
DATED:
17
18
19
jE/COURT
COMMISSIONER
20
21
22
23
#31037
TW ILA MARKHAM
Petitioner/Wife
LAW OFFICES
_________________
MICHAEL W. BUGNI & ASSOC, PLLC
11300ROOSEVELT WAY NE, STE. 300
SEATTLE, WA 98125
(206) 365-5500 * FACSIMILE (206) 363-8067
G e ra ld
2
3
Markham
A ttorney
fl 5 2 0 S 4 8 7 1 S O
13-3-083
$
6
Respondent/Husband
7
8
9
10
n
12
13'
14
!5j
16
17:
18
1$
20
21
22.
23
24
25
L A W OFFICES
______________
G e r a l d M a r k h a m A t t o r n e y fl 5 2 0 6 4 8 7 1 9 0
p. 4
FILED
15 FEB 17 AM 9:00
KING C O U N T Y
S U P E R IO R C O U R T C LERI
E -FILED
CA SE N U M BER: 1 3 -3 -0 8 3 8 3 -7 1
3
4
5
6
7
8
TWILA MARKHAM,
Petitioner,
10
11
12
and
GERALD WAYNE MARKHAM,
Respondent.
____________ )
)
)
)
)
)
)
)
)
13
17
18
DATED; _
JUDGE INVBEN
19
Presented by;
20
21
____________
22
TW1LA MARKHAM
Petitioner/Wife
23
24
25
FftmliySQft FormPAK2014
Exhibit H
Paragraphs 3.2 and 3.4 from Decree
3.2
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
3.2.3
The following financial accounts whether held jointly or in the Husbands 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.
3.2.4
3.2.5
All life insurance policies insuring his life, for which the Wife is hereby divested
o f any interest as beneficiary.
3.2.6
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
entry o f the decree to see that neither partys 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 attorneys
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 o f the plan. Wife to receive
her 50% survivor benefit as permitted by the PERS Plan upon husbands death.
3.2.9
a. 21404
b. 21405
c. 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 o f 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 attorneys 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, o f his/.her intent to use the property. If there is a dispute,
the husbands dates prevail in odd-numbered years and the wifes prevail in evennumbered yeai-s. Neither party will take steps to remove the caretakers or install
new caretakers without the others consent. Disputes over the use of the property
shall be arbitrated by Howard Bartlett.
3.2.12 The ALPS stock in the Husbands 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 husbands law practice..
3.4
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 W
Paragraphs 3.3 and 3.5 from Decree
3.3
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 Husbands 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 o f America (#4852)
Bank o f America (#5966)
Union Bank (#5922)
Union Bank (#5930)
D.A. Davidson, SEP IRA (#8411)*
D.A. Davidson (#6379)*
Ameritrade (#9456)
If the Husbands name is on any of these accounts, the Wife shall take
immediate steps to remove the Husbands 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.
.3.6
u>
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 attorneys 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
Wife and Philip Tsai for the Husband) as soon as known, but in no event less than
60 days notice, o f his/her intent to use the property. If there is a dispute, tire
husbands dates prevail in odd-numbered years and the wifes prevail in evennumbered years. Neither party will take steps to remove the caretakers or install
new caretakers without the others consent. Disputes over the use of the property
shall be arbitrated by Howard Bartlett.
3.5
3.5.2
Commencing 4/18/2014, the Wife shall assume the following credit cards and has
removed the Husbands 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.
FILED
15 FEB 06 PM 4:26
KING C O U N T Y
S U P E R IO R C O U R T CLERK
E-FILED
C A SE N U M BER: 13-3-0 838 3-7 SEA
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
[ ] Extraordinary Writs (Show C ause Hearing) (LC R 9 8 .4 0) 1:30 p.m, Tues/W ed -report to Room E2Q9
N o n -A ss ig n ed C ases:
[ ] Supplem ental Proceedings
(1:30 pm T u e s/W e d )(L C R 69 )
] Nan-Dispositive Motions M -F (without oral argument).
[ ] DO L Stays 1:30 pm Tues/W ed
] Dispositive Motions and Revisions (1 :30 pm Tues/W ed)
] Certificates of Rehabilitation (E m p lo y m e n t) 1:30 pm
[ ] Motions to Consolidate with multiple judges
assigned (without oral argument) fLC R 40 (b )(4 ))
T ues/W ed (LC R 40 (b )(2 )(B ))
Sign: ____
WSBA #31037
Address:
11300 Roosevelt Way NE, Ste. 300
Teleohone:
206-365-5500
NO TICE FOR HEARING - Seattle Courthouse Only
ICSEA031407 - Page 1 of 2
www.metrokc.gov/kcscc/fofms.htfn
Print/Type Name:
Attorney for:
City, State, Zip:
Date:
Karma L. Zaike
Respondent
Seattle, WA 98125
February 6, 2015
L A W O F F IC E S
M IC H A E L W . B U G N I & A S S O C ., P L LC
11300 ROOSEVELT WAY NE, SUITE 300
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
LIST NAMES AND SERVICE ADDRESSES FOR ALL NECESSARY PARTIES REQUIRING NOTICE
Name:
Service Address:
City, State, Zip:
WSBA#
Attorney for:
Telephone #:
Philip Tsai
2101 Fourth Ave Suite 2200
Seattle, WA 98121
27632
Respondent
206-728-8000
Service Address:
City, State, Zip:
WSBA #:
Attorney For:
Telephone #:
Name:
Service Address:
City, State, Zip:
WSBA#:
Attorney For:
Telephone #:
LA W O FF IC E S ____________________________
M IC H A EL W . BUG NI & ASSO C., PLLC
11320 R O O SE VELT W AY NORTHEAST
SEATTLE, W A 98125
(206) 365-5500 FACSIM ILE (206) 363-8067
1 3 -3 -0 8 3 8 3 -
gT L E D
WNS COUNTS MSHWGTOU
1
FEB 1 * M
DEPMmAEMTOT
jUDlGlW.MMST,Wn0N
A
a
4
5
6
7
8
9
10
Petitioner,
n
and
12
13
14
Respondent
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18
I.
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.
19
20
)
)
)
1
)
)
)
)
)
)
)
)
n.
FINDINGS OF FACT
21
2.1
RESIDENCY OF PETITIO N ER
In an Order entered October 18,2013 tills court ruled that Wife was a Resident o f die
State of Washington at the time she filed her petition for dissolution of marriage and
has personal jurisdiction over the wife.
2.2
22
23
24
25
LAW OFFICES__________________________
MICHAEL W. BUGNI & ASSOC., PLLC
11300 ROOSEVELT WAYNE, STE. 300
SEATTLE, WA 08125
13-3-08383-
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
2.3
4
This court has jurisdiction over the Respondent based on the rolings.made in
the Order entered herein on October 18,2013.
5
6
7
2.4
8
9
2.5
STATUS OF TH E PARTIES;
10
The Husband and Wife separated on April 24,2013,
11
12
2.6
13
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
14
15
STATUS OF TH E MARRIAGE.
2.7
16
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.
17
18
2.8
COMMUNITY PROPERTY.
19
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,
20
21
22
23
24
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.
25
LAW OFFICES__________________________
MICHAEL W, BUGNI & A SSO C , PLLC
11300 ROOSEVELT WAY NE, STE. 300
SEATTLE, WA 98125
(206) 365-5500 * FACSIMILE (206) 363-8067
13-3-0S333
1
2
3
2.10
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.,
5
6
COMMUNITY LIABILITIES.
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.
8
9
10
2.12
11
12
MAINTENANCE.
Neither party is awarded maintenance, which is not subject to modification.
2.13
13
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.
14
15
16
17
2.14
18
19
2.15
20
21
PROTECTION ORDER.
2.16
PREGNANCY.
22
The Wife is not pregnant,
23
24
2.17
DEPENDENT CHILDREN.
25
LAW OFFICES_________________________
MICHAEL W. BUGNI & ASSOC., PLLC
11300ROOSEVELT WAY NE. STE. 30D
SEATTLE, WA 98125
(20(5) 365-5500 FACSIMILE (206) 363-8067
2.3-3-08353-
1
2
2.19
6
7
PARENTING PLAN.
2.20
CHILD SUPPORT.
Does not apply.
2.21
OTHER.
10
There are other provisions which are set forth in the parties5Decree which are
incorporated by reference into these Findings as if set forth fully herein.
11
12
III.
CONCLUSIONS OF LAW
13:
14
15
The Com! makes the following Conclusions of Law from the foregoing Findings of Fact
3.1
16
17
JURISDICTION.
3.2
18
GRANTING OF A DECREE.
The parties should be granted a Decree.
19
2i
3.3
21
22
23
24
PREGNANCY,
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
25
LAW OFFICES
_____________________
MICHAEL W. BUGNI & ASSOC., PLLC
11300 ROOSEVELT WAY NE, STE. 300
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
G erald
2!
3.5
6
3.6
$
9
fl 5 2 0 S 4 8 7 1 9 0
13-3-
7.
pttornea
1!
Markham
PROTECTION ORDER.
Docs not apply.
3.7
ICj
n\
12|
13!
Hi
15
Presented by;
16
17
18
TWILA MARKHAM
Petitioner/Wife
Electronic Signature Approved
20
21
22
23
24
GERALD MARKHAM
Respondents usband
25
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
-3-05383-7,
S1LEB
KINGCOUNTY, WASHINGTON
FEB 1 2 2015
DEPARTMENTOF
JUDICIALADMINISTRATION
r^tV?
l.\U w
4
5
6'
7
8
9
10
11
12
13
14
15
)
)
TWILA MARKHAM,
)
)
Petitioner,
)
)
and
)
)
GERALD WAYNE MARKHAM
)
)
Respondent )
____________ )
DECREE OF DISSOLUTION
(Marriage)
16
I.
1.1
JUDGMENT/ORDER SUMMARIES
j CASH
|20[
\ JUDO
1.2
jo tS ^
j cfHM
AOCTG'
END OF SUMMARIES
II.
BASIS
Findings o f Fact and Conclusions of Law have been entered in this ease.
exh
LAW OFFICES__________________________
MICHAEL W. BUGNI & ASSOC., PLLC
11300 ROOSEVELT W AYUE, STE. 300
SEATTLE, WA 9SI25
(206) 365-5500 FACSIMILE (206) 363-8067
SEA
1 3 -3 -OS383-7
1
HI.
DECREE
2
3
4
IT 13 DECREED that:
3.1
5
6'
3.3
10
3.4
13'
3.5
16
17
18
14:
15
11
12
8
9
STATUS OF TH E MARRIAGE.
3.6
19
20
21
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 & A SSO C , PLLC
11300 ROOSEVELT WAY NE. STE 300
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
13-3-08383-7
1
2
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.
n
->
4
5
3.9
3.10
10
PROTECTION ORDER
3.11
PARENTING PLAN.
11
Does not apply.
12
13
3.12
14
15
CHILD SUPPORT.
3.13
16
17
18
3.14
19
20
21
22
23
24
NAME CHANGES.
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, 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:
25
LAW OFFICES__________________________
MICHAEL W. BUGNI & ASSOC.,PLLC
11300 F.OOSEVELT WAY NE, STE. 300
SEATTLE, WA 98125
{206} 365-5500 FACSIMILE (206) 363-8067
13-3-05333-7
1
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.
2
3
4
5
6
7
3.1512
3.15.3
3.15.4
8
9
10
11
12!
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LAW OFFICES__________________________
MICHAEL W. BUGNI & ASSOC., PLLC
11300 ROOSEVELT WAY NE, ST E 300
SEATTLE WA 98125
(206) 365-5500 * FACSIMILE (206) 363-8067
13-3-08383-7
1
1
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,
2
3
4
5
3.15.5
3.15.6
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.
7
8
9
10
Hi
12
13
14
15
16
17
18
19
20
21
22
23
24
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
25
LAW OFFICES__________________________
MICHAEL W. BUGNI & ASSOC., PLLC
11300 ROOSEVELT WAY NE, STE. 300
Decree (DCD) (DCLGSP) (DCINMG) - Page 5 of 7
WPF DU 04.0400 Mandatory (6/2012) - RCW26.09.030; .040; .070 (3)
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
13-3-0S383-7,
2
a
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,
4
5(
6
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
10
11
12
13
14
15
16
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.
3.15.10 There are remaining issues that needjdlbe arbitrated with Howard Bartlett
pursuant to Arbitration Decision ofidanWy 13/2105 anjpfie shall continue to
have jurisdiction to resolve thosq4ssud^-aftertuieJDecjsde of Dissolution is
entered with the/Court,
DATED:
17
18
19
)?E/COURT C O M M O N E R
A signature below is actual notice of this order.
Presented by:
20
21
22
23
24
25
Yw
WILA MARKHAM
Petitioner/Wife
LAW' OFFICES_________________________
MICHAEL W. BUGNI & ASSOC, PLLC
11300ROOSEVELT WAY NE, STE. 300
SEATTLE, WA 98125
(206) 365-5500 * FACSIMILE (206) 363-8067
SEA
G e r a l d M a r k h a m A t t o r n e y fl 5 2 0 S 4 8 7 1 3 0
2
3
4
13-3-083
S
6
Responder)t/Husband
7
8!
9
10j
n
12;
13
14
15
161
17
18
191
20
21
22
23
24
25
LAW OFFICES
_______
MICHAEL Yf, BUGW ft ASSOC., TLLC
11300 ROOSEVELT WAY NE. STE. 300
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-805?