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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 N U M B ER : 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:


TW ILA MARKHAM.

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Petitioner,
and

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GERALD WAYNE MARKHAM,

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Respondent.

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NO. 13-3-08383-7 SEA


P E T IT IO N E R S M O T IO N FO R
PR ESEN TA TIO N AND EN TRY O F
FIN A L O R D E R S AND T O
C O N FIR M A R B ITR A TIO N
RU LIN G S

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

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Attorney o f Record, KARM A L. ZAIRE o f Michael W. Bugni & Associates, PLUG, and
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moves this court for an order granting the following relief:


I.

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RELIEF REQUESTED

1.1

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

Confirmation o f the arbitration rulings dated 2/4/15; and

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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

Petitioners Motion for Presentation and Entry o f Final


Orders 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 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

issues have been resolved.

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

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

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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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Petitioners Motion for Presentation and Entry o f Final


Orders and to Confirm Arbitration Rulings - Page 2 o f 5

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?

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?

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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.

EVIDENCE RELIED UPON

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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).

Petitioner's Motion for Presentation and Entry o f Final


Orders and to Confirm Arbitration Rulings - Page 3 o f 5

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

Petitioners Motion for Presentation and Entry o f Final


Orders and to Confirm Arbitration Rulings - Page 4 o f 5

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

The following proposed orders have been submitted for entry:

1. Order on Presentation;
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2. Findings o f Fact and Conclusions of Law;
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3. Decree o f Dissolution, including sealed Exhibits H and W;


4. Qualified Domestic Relations Order (QDRO) re Respondents State o f Alaska,
Public Employees Retirement Plan

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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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KARMA L. ZA1KE, WSBA#31037


Attorney for Petitioner/Wife

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Petitioners Motion for Presentation and Entry o f Final


Orders and to Confirm Arbitration Rulings - Page 5 o f 5

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

KING COUNTY WASHINGTON

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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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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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GERALD WAYNE MARKHAM,
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Respondent )
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NO. 13-3-08383-7 SEA


AGREED ORDER RE
PETITIONERS MOTION TO
EXTEND DEADLINE FOR ENTRY
OF FINAL ORDERS/TO
CONFIRM ARBITRATORS
RULINGS/FOR PRESENTATION
AND ENTRY OF FINAL ORDERS
CLERICS 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

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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

11300 ROOSEVELT WAY NE, STE 300


SEATTLE, WA S812C
(208)380-5500 FACSIMILE (206)303-808?

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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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 Arbitrators decision regarding final orders shall be confirmed at that
time.

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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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KARMA L. ZAIRE, WSBA#31037


Attorney for Petitioner/Wife

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Cony Received:

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PHILIP Cf TSAI, WSBA #27632


Attorney for Respondent/Husband

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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

11300 ROOSEVELT WAY NE, STE. 300


SEATTLE, WA 08125
(20-3) 365-5509 FACSIMILE (208)363-806?

BARTLETT, POLLOCK & BESK, PLLC


Family Law Dispute Resolutions
HOWARD R. BARTLETT

DEE MYERS

A tto rn e y at Law

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:
Conference,

Gerald Markham and Twila Markham Arbitration Decision - Phone

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. Zaikes 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. Tsais 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. Zaikes 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 o f
1420 FIFTH AVENUE SUITE 3775 SEATTLE, WASHINGTON 98101
DIRECT LINE (206) 749-0166 FAX; (206) 903-1799

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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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.

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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
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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.
9.

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
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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
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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
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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.

Very truly yours,


BARTLETT, POLLOCK & BESK, PLLC

Attorney at Law

H R B /d m

55S52SSa

17 V U T T O T T ' 0
I I A J lI I o I I
JD

*S**o*wwswisi(i*aiW5^iBi^^

From : Howard Bartlett fmailto:howai'dbartlett@howardbai1lett.coml


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 REETAs
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 REETAs. 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

11300 Roossvar'WwitamsT, Sum; 300

Sbto,V?asiikio;i9S!25

of MICHAELW. BUGNI &ASSOCIATES, PLLC

P:206.S65.5500 F: 20o.3(>3.B0S7
infn@lawgaic.net

MirB.W.Brar
NwujeM.Beckmvsi
LmkaQcnstnaeCwkkc

UucaLGootwa
Dtnv.Fiivrotick

KwreM.Lnra
CnBsmEA.Mm

EitoS.Reksxe;

MacaJ-RccEOS

BlttSoiT.tt.'-Quwul
KuuL2a
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. Bartletts arbitration ruling, enclosed please find die original odometer
disclosure statement as well as copies o f 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
KMB
CC:
Client
Enclosures

d l

s* 8mMtDr
L IC E N SIN G

Odometer Disclosure/Title Extension Statement


Release of Interest

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

o r Licensenumber

Qdorjjfcf&readingfn rhlles)

APPLICABLE SECTION NOT VALID UNLESS FULLY COMPLETED

yTrahsfere^uyer.musitrahsJsrt^^
., W % w a r r a n t

doM not-^pplyto }lcensed;deaiers^r #.


has bAn.^ld.io'the
Signature-OfTransteroiy Seller ~r*

P F U N T n a S n '*
Address of frWfoa^.BiiyerW.
I certify, to

. 2? >
j* o
Odometer reading $b miles) y::
C
U
J
<P-J

c tt Signature ofTransferee/tBuyor./^'
J?Q
tt Ui

4*
m

.%
2.

PRlNThameofTransf^ror/Seller

Signature of Transferor/ Seller

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h

x\

rj^lyS^deaii^

7 '1 1*

ki

:: :.iA

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\r.

{i|a0ficatiie); 4" 44

.. v/y^

^"SeHihgdeeief'&stateTjcense number

Is

PRINTrmmo^il^rans^ei^f/^^^lor
Tij x . . '% ^dressofl^na^for/^ejlerf $

*i:r Jf. S

Buying dealers state S^nse^MirnBer (If

?7 ^

.fr

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tf

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;

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..:cSsllir^ds^er%^tai&^^e rxjrobe^^^^

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'

?:

; >

L e g a l o w n e r / H e n h B ld e r t o b e s h o w r . o n ^ O w t i t l e
~N

ir

Date of Transfer

Q 1. is tho actual mileage of ihe vehicle


/C k y fs Inexcess*>f Its mechanical
Tenths
D3;fe noLthd-aotual.mileage. WARNING: Odometer discrepaincy;:existsV.

-too

SO PRINTnamoofTi^^es/Buybr^'i:
h ex
UI
> Address ofTransferexyBpyer
yj; U* $

r^ \ /

. 'r.i C: .

irr-^r t" " ^ . ..:"...


"J *C
c ui 1/Wo warrant;tl^TitIa;ar^bQf^that the vehicle descnfe^;Bereyh has bfcbn&ofd to the foHowing: %
m-J
<
nui
SignatureofTransferor/Sailer..^
..
Q Signature of I V a n ^ e r a e T B u y e r ^

Ef

Is %

Seller. .r. ~ -;:vr

4 ^Address:bfTransferor/Seller:;

&

si certify, to the fast of my knowledge thM.th& odomefer reading, as shown below: (Musfcheck one.)

Address of Transferor/ Seller^ '


^ ' .1"
i?
14'
^ as shoiv/? below: (Musi check one:)
Date of Transfer
1. is the actual mileage of Hie vehicle
NOr fe'02. is^excbss of its mbQhanical limits ' Tenths.
ieSjiot
WARNING: Odometer discrepancy exists*.^ {:^

PRiNTname ofTraHkfeTep/ Buyer'


. Addte^/bfpansferee/ Buyer 4

'

*. w-.

:;f.

^f/We refease'afl interest W# a i^ e ^ ^ fe r ib e d ^ N e *

x\

fei

1:. S

jfHdfqagal ovmerdfenhohier.

.f? J - Vv % / .

Z: H

Signed . I " ' "

'v .

--

;
f :>

J: ;

. '

-- < , -

Q. %
> v
^ t ; .** i
R eleaseS intersstfe^v^ecs shown gnrrhe^rl& ate df THie So nbt need to be notarizecf/certified when thisTs submitted
^

vTh. 'Sat^6f#a^natdn\i & U ^ ^

: '

. .^Signed or attested before, me on ,. -

by...... ..

(Seal or stamp) ::n *|!

.i'f

v'5-

?r

:i : '% ;> r r v^ - ' .0

11

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

'

'

'/

:y- J>
!'
*

**: * / v <

l&e curr^trjfee.-

* :<

"r ~ ' 1\

...... v>.
<f........

3;.
*}J %.p- s(:

"

1 ' '

^r vt-v ..

N o t a r iia t ib n / C e r | i^ c e t ? d n ^ # o i C | ^ o i^ f ^

*h

. s'

PniNTname

PRINT name.:*^

1 .

?^ . Y jl.

^signature
*Printed.orstamped,narna,...' a :
^
v- "
J r'
and............;
->:....... ?
<}'1
Dealer or county/offlbd'tiumber or'hbtdry expirailbh ddfe

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

2
3

4
5
6
IN THE SUPERIOR COURT OF WASHINGTON
IN AND FOR KING COUNTY

8
In re the Marriage of:

10

TWILA MARKHAM,

)
)
Petitioner,

11
and

12
13

GERALD WAYNE MARKHAM,

14

__________________________ Respondent.

15

NO. 13-3-08383-7 SEA

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

)
)
)
)
)
)

TWILA MARKHAM

16
17

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

18
ANSW ER:
19

Twila Y. Markham
King County

20
21

22

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


ANSWER:

Yes.

23
24

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

25

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

LAW OFFICES___________________________
M ic h a e l W . B u g n i & A s s o c ., p l l c

WRITTEN INTERROGATORIES FOR FORMAL


PR O O F -P g. 1 o f 3

11300 ROOSEVELT WAYNE, STB. 300


SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-S067

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:

Yes and yes.

11
12

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

lo

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

14

ANSW ER:

Yes and yes.

15
16

17

INTERROGATORY NO. 7.: Are you currently pregnant?


ANSW ER:

No.

18
19

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

20

process and in the drafting o f the final papers?

21

ANSW ER:

Yes.

22
23
24

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


ANSWER: No.

25

LAW OFFICES___________________________
M ic h a e l w . B u g n i

WRITTEN INTERROGATORIES FOR FORMAL


P R O O F -P g. 2 o f 3

& A ss o c., p l l c

11300 ROOSEVELT WAV NE, STE. 300


SEATTLE, WA 9*125
(206) 365-5500 FACSIMILE (206)363-8067

2
3
4

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


ANSW ER:

Yes.

5
6
7

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


ANSW ER:

No.

8
9

DATED this 6th day o f February, 2015.


MICHAEL W. BUGNI & ASSOC., PLLC

10

11
12

KARMA L. ZAIKE, WSBA NO. 31037


Attorney for Petitioner/Wife

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

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

19

20
YwiI.AMAltK.IiAM

21

Petitioner/Wife

Electronic Signature Approved

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

WRITTEN INTERROGATORIES FOR FORMAL


PROOF - Pg. 3 o f 3

11300 ROOSEVELT WAY NE, $112. 300


SEA'ITLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-S067

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
7
9
11
13
15

17
19
21
23
25
27
29
31
33
35
37
39
41
43
45
47
49
51
53
55
57
59
61
63
65
67
69
71
73
75
77
79

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,

NO. 13-3-08383-7 SEA


Plaintiff/Petitioner(s),

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:

Written interrogatories fo r Formal Proof


Sealed Financial Source Documents (PERS QDRO)
Decree o f Dissolution
Sealed Financial Source Documents (Exhibit H & W to Decree o f Dissolution)
Findings o f Fact and Conclusions o f Law

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

TSAI LAW COMPANY, PLLC


Attorneys at Law
210 1 Fomili Avenue, Suite 2200
Seattle, WA 98121
206.728.8000

FEB

WAsm/i-*on
12 m s

SUP^ F
^ clb ,k
aYJan* S m ^
D&Vry

IN THE SUPERIOR COURT FOR THE STATE OF W ASHINGTON


IN A N D FOR THE COUNTY OF KING

M arkham
Plaintiff,
vs.

NO.

M arkham
Defendant,

Email correspondence is attached.

13-3-08383-7 SEA

Howard, Greg
From:
Sent:
To:
Cc:
Subject

Kerry Bow ers <kerry@lawgate.net>


Thursday, February 12,201511:48 A M
Howard, G reg
Karm a Zaike; Erika S. Reichley; Philip C. Tsat; m elissa@ticlawco.com
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, PLLC


11300 Roosevelt Way Northeast, Suite 300
Seattle. Washington 9S125
P.206.365.5500
F. 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.

13-3-08383-

WHGo o ^ H'NGIOH
1

FEB 1 * >'5

2
JUDICIAL AOMNISTBAHON
3

4
5

IN THE SUPERIOR COURT OF WASHINGTON


IN AND FOR KING COUNTY

7
8

In re the Marriage of:

)
)

TWILA MARKHAM,

)
)

Q
S

10
Petitioner,

11
12

13

GERALD WAYNE MARKHAM,

14

Respondent

15
16
17
18

21

H.

)
)
)
)

BASIS FOR FINDINGS

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 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

NOTICE TO THE RESPONDENT.

22
23
24

FINDINGS OF FACT AND


CONCLUSIONS OF LAW
(Marriage)

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

NO. 13-3-08383-7 SEA

25
LAW OFFICES_________________________
MICHAEL W. BUGNI & ASSOC., PLLC
11300 ROOSEVELT WAY NE, STE. 300

Fillings of Fact and Concl of Law (FNFCC) - Page 1 of6


WPF DR 04,0300 iMaodntory (6/2012)- CR 52; RCW26.09.030; .070(3)

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

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.

5
6
7

2.4

8
9

DATE AND PLACE OF MARRIAGE.


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

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

PROPERTY SETTLEMENT AGREEMENT/PRENUPTIAL AGREEMENT.

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

Fndngs of Fact nnd Concl of Liw (FNFCL) - Psgc 2 of 6


WPF DR 04.0300 Mnndalory (6/2012) - CR 52; RCW26,09.030; .070(3)

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

CONTINUING RESTRAINING ORDER.

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

Does not apply.

18

19

2.15

20
21

PROTECTION ORDER.

FEES AND COSTS.


Does not apply.

2.16

PREGNANCY.

22

The Wife is not pregnant,

23
24

2.17

DEPENDENT CHILDREN.

25
LAW OFFICES_________________________
MICHAEL W . BUGNI & ASSOC., PLLC
11300 ROOSEVELT WAY NE. STE. 30D

Kiidnps orFnct and Cfmcl ofLw (FNFCL)- Pngc3 oS'C


WPF OR 04.0300 Mniiaxtory (6/20)2)- CR 52; RCW26.09.030', .070(3)

SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067

13-3-C83S3-

1
2

The parties have no dependent children of this marriage.


2.18

JURISDICTION OVER THE CHILDREN.

J!

Does not apply because there are no dependent children.


4
5

2.19

Does not apply.

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

Does not apply.

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

Fndngs of Fnct nmi Conci of Laiv (FNFCL) - Pngc 4 vf 6


WFP DR 04.0380 MtmtlMory (6/20)2) - CR 52; RCW26.09.030; .070(3)

SEAT FLE, WA 98125


(206) 365-5500 FACSIMILE (206) 363-8067

G erald

Ii

R^fcorney

fl 5 2 0 8 4 8 7 1 9 0

13-3-

necessary continuing restraining orders. The distribution of property and liabilities


as set forth in the decree is fair and equitable.

2
3

Markham

3.5

CONTINUING RESTRAINING ORDER.

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,

Docs not apply.

3.7

ATTORNEYS FEES AND COSTS.

1C,
u

12
13
H
15

Presented by:

16

MICHAEL W. BUGNI & ASSOCIATES, PLLC

17
18

KARMA I.. ZAIRE, WSBA #31037


19: ' Attorney' for Petitioner/Wife

w m J //
rw iu markham"
Pctitlonei/WiCe
Electronic Signature Approved

20
21
22

Copy Received, Approved for Entry and


Notice of Presentation Waived by:

23

24

PHILIP TSAI, WSBA#


Attorney for Rcspondent/Husband

GERALD MARKHAM
Respondcnt/H usband

25

Finings f I'ftct and Cone! orLu'v <rNFCL)-]*flsc 5 oft,


WPF o W.0J0D Atwidatory (6/20 US) - CR 52; RCW26.05.030; .075,3)

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

IN THE SUPERIOR COURT OF WASHINGTON


IN AND FOR KING COUNTY
In re the Marriage of:

)
)
)

TWILA MARKHAM,

NO. 13-3-08383-7 SEA

Petitioner,
and

)
)
)

DECREE OF DISSOLUTION
(Marriage)

GERALD WAYNE MARKHAM,

)
)

Respondent

_________________________________________ )

I.
1,1

JUDGMENT/ORDER SUMMARIES

REAL PROPERTY JUDGMENT SUMMARY.


Real Property Judgment Summary is set forth below:
Assessors property tax parcel or account number: See Exhibits H and W.

1.2

MONEY JUDGMENT SUMMARY.


Does Not Apply

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

Decree (DCD) (DCLCSP) (DCJNMG) - Page I of 7


WPF DR 04.0409 Mandatory (6/2012) - RCW 26.09.030; .040; .070 (3)

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

The marriage of the parties is hereby dissolved.


3.2

3.3

10

3.4

13

3.5

16

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.

17
18

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.

14
15

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.

11
12

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.

8
9

STATUS OF THE MARRIAGE.

3.6

19

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 attorneys fees
and costs incurred in defending against any attempts to collect an obligation of the other
party.

20
21
3.7

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

3.8

RESTRAINING ORDER.

Decree (BCD) (DCLGSP) (DCINMG) - Page2 of 7


WPP DIt M.M00 Mamlntory (6/2012) - RCW26.03.030; .040; .070 (3)

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

Does not apply.

7
8

PROTECTION ORDER

3.10

JURISDICTION OVER TI-IE CHILDREN.


Does not apply.

10
3.11

PARENTING PLAN.

11
Does not apply.

12
13

3.12

14
15

CHILD SUPPORT.
Does not apply.

3.13

16

ATTORNEYS FEES, OTHER PROFESSIONAL FEES AND COSTS.


Does not apply.

17
18

3.14

Does not apply.

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

Decree {DCD) {DCLGSP) (DCINMG) - Pago 3 of?


WPF DR 04.0400 Mniidutory (fi/2012 ) - RCW26,09.030; .040; .070 (3)

SEATTLE, WA 98125
{206} 365-5500 FACSIMILE {206) 363-8067

13-3-06333-7

1
>
2
3
4
5
6

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 others 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

8
9
10
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12
13
14
15
16
17
18
19
20

21

22

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

Decree (DCD) (DCLGSP) (DCINMG) - Page Aof 7


WPF DR 04.0400 Mandatory (6/2012) - XCW26.09.030; .040; .070 (3)

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

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 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
8
9
10
n
12
13
14
15
16
17
18
19

20
21
22
23
24

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

Decree (DCD) (DCLGSP) (DCtNMG) - Page 5 of 7

WPF DR 04.0400 Mandatory (6/2012) - 3CW 26.09.030; ,040; .070 (3)

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

A signature below is actual notice of this order.


Presented by;

20

21
22
23

MICHAEL W- BUGNI & ASSOCIATES, PLLC


\(A
\ fC A R M A L . Z A rrC B , W S B A

#31037

Attorney for Petitioner/Wife

TW ILA MARKHAM
Petitioner/Wife

Electronic Signature Approved

A signature below is actual notice of this order.

Decree (DCD) (DCLGSP) (DCSNMG) - Page 6 of7


WPF 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

G e ra ld

2
3

Markham

A ttorney

fl 5 2 0 S 4 8 7 1 S O

13-3-083

Copy Received, Approved for Entry and


Notice of Presentation Waived by:

$
6

PHILIP C, TSAI, WSBA Z/27632


Attorney tbr RospondentfHtisband

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

Decree (DCP) tOCUPSF) (DCtNMC) - Fuge 7 f7


WPF DR
MimtiwUify (fi/2012) - RCW75,03.030; .040: .070 O)

______________

MICHAEL %Y, BUGm & ASSOC., PLLC


11300 ROOSEVELT WAY NE, STE. 300
SEATTLE, WA 98125
(205) 365-5500 - FACSIMILE (206) 363*8057

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

IN THE SUPERIOR COURT OF WASHINGTON


IN AND FOR KING COUNTY

7
8

In rc the Marriage of:

TWILA MARKHAM,
Petitioner,

10
11
12

and
GERALD WAYNE MARKHAM,
Respondent.
____________ )

)
)
)
)
)
)
)
)

NO. 13-3-0S383-7 SEA


SEALED FINANCIAL SOURCE
DOCUMENTS
(COVER SHEET*)
Clerks Action Required

13

Sealed Financial Source Documents


14
15
16

17
18

1. Exhibit H to Decree of Dissolution


2. 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; _
JUDGE INVBEN

19

Presented by;
20
21
____________
22

KARMA L. ZAIRE, WSBA # 31037

TW1LA MARKHAM
Petitioner/Wife

Electronic Signature Approved

23
24
25

PHILIP TSAI, WSBA il J2 7 <*? Z.


GERALD MARKHAM.
Attorney for ftespondent/Husband
Respondent/Husband
IvVWOFFICES
Seated Fin Source Doc (SEALFN)
MICHAEL W. BUGNI & ASSOC., PLLC
WPF DRPSCU 09.0220 (6/2006) - GR 22(b){8).(f))
11300 Roosevelt Way NE, Ste. 300
SEATTLE, WA 9S125
(2061365-55M FACSIMILE (Jflfi) 3J.R(tr,7

FftmliySQft FormPAK2014

Exhibit H
Paragraphs 3.2 and 3.4 from Decree
3.2

PRO PERTY TO BE AWARDED TO THE HUSBAND.


The Husband is awarded as his separate property, free and clear of any right, title or
claim o f 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 Wifes possession:


Husbands items which remain in the Wifes 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 Hartleys 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 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.

Decree Exhibit H - Page 1 o f 4

3.2.4

The Ameritrade Account #4823 shall be awarded to Husband. Pursuant to the


terms o f 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
o f 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 Sedan
1994 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 marriage
1966 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

Decree Exhibit H - Page 2 of 4

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

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 Journeys End Way, Friday Harbor
San Juan County Property Identification Numbers:
a. 17178-353411006000
b. 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. 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

LIABILITIES TO BE PAID BY TH E HUSBAND.

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.

Decree Exhibit H - Page 5 of 4

Exhibit W
Paragraphs 3.3 and 3.5 from Decree
3.3

PROPERTY TO BE AWARDED TO THE WIFE.


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 o f
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 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.

Decree Exhibit W - Page 1 of 3

.3.6

u>

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 wifes Volvo naming him as an
insured (as well as excess liability insurance). The issue of Husbands 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 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

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, 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

LIA BILITIES TO BE PAID BY THE W IFE.


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 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.

Decree Exhibit W Page 3 of 3

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

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON


FOR THE COUNTY OF KING
!n re:
NO. 13-3-08383-7 SEA
TWILA MARKHAM,
NOTICE FOR HEARING
SEATTLE COURTHOUSE ONLY
Petitioner

(Clerk's Action Required) (Nt Hg )


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.


Day of Week:
Tuesday
Calendar Date:_____ February 17, 2015
Nature of Motion:
Motion to Confirm Arbitrators Ruling/Presentation of Final Orders
CASES ASSIGNED TO INDIVIDUAL JUDGES - Seattle
If oral argum ent on the motion is allowed (LC R 7(b )(2)), contact staff of assigned judge to schedule date and time
before filing this notice. W o rk in g P a p e rs : T h e ju d g e 's n a m e , date and time of hearing m u s t be noted in the upper
right co m er of the Judges 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 ilr o o m a t C 2 0 3 .

[] With oral argument Hearing


[X] Without oral argument Hearing
Date/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 r k in g c o p ie s t o J u d g e s ' M a ilr o o m , R o o m C 2 0 3 . In u p p e r right c o m e r o f p a p e rs w rite "C h ie f C ivil
D e p a rtm e n t" o r J u d g e 's n a m e a n d d a te o f h e a rin g

[ ] 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 #:

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 Clerks 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 Clerks 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

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

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5
6

m THE SUPERIOR COURT OF WASHINGTON


IN AND FOR KING COUNTY

7
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in re the Marriage of:


TWILA MARKHAM,

10
Petitioner,

n
and

12
13

GERALD WAYNE MARKHAM,

14

Respondent

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I.

NO. 13-3-0S3 83-7 SEA

FINDINGS OF FACT AND


CONCLUSIONS OF LAW
(Marriage)

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.

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20

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n.

FINDINGS OF FACT

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

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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

NOTICE TO THE RESPONDENT.

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

FnflngsofFnct and Cond ofLtrw (FNFCC) - Page l 0 F6

SEATTLE, WA 08125

WPF DR 04.0300 Mandatory (6/2012)- CR 52; RCW26.09.030; .070(3)

(206) 365-5500 FACSIMILE (206) 363-S067

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

BASIS O F JURISDICTION OVER THE RESPONDENT.

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

DATE AND PLACE OF MARRIAGE.


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

2.5

STATUS OF TH E PARTIES;

10
The Husband and Wife separated on April 24,2013,

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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

PROPERTY SETTLEMENT AGREEMENT/PRENUPITAL AGREEMENT.

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

Fndngs of Fact and Concl ofLaiv (FNFCL) - Page 2 of 6


WPFDR 04,(3300 Mandatory (6/2012) - CR 52; RCW 26.09.030; .070(3)

SEATTLE, WA 98125
(206) 365-5500 * FACSIMILE (206) 363-8067

13-3-0S333

1
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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.

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10

2.12

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12

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

2.13

CONTINUING RESTRAINING ORDER.

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

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2.14

Does not apply.

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19

2.15

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PROTECTION ORDER.

FEES AND COSTS.


Does not apply.

2.16

PREGNANCY.

22
The Wife is not pregnant,

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24

2.17

DEPENDENT CHILDREN.

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

Fmlngs orFncf and Concl ofLaw (FNFCL}- Page 3 of 6


WPF DR 04.0300 MnuOxtory (6/ 2012) - CR 52; RCW26.09.030; .070(3)

SEATTLE, WA 98125
(20(5) 365-5500 FACSIMILE (206) 363-8067

2.3-3-08353-

1
2

Tne parties have no dependent children of this marriage.


2.18

JURISDICTION OVER THE CHILDREN.

Does not apply because there are no dependent cliildren.


4
5

2.19

Does not apply.

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.

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III.

CONCLUSIONS OF LAW

13:
14
15

The Com! makes the following Conclusions of Law from the foregoing Findings of Fact
3.1

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

16

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JURISDICTION.

3.2

18

GRANTING OF A DECREE.
The parties should be granted a Decree.

19

2i

3.3

Does not apply.

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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

Fndngs of Fact and Concl of Low (FNFCL) - Page 4 of 6


WPP DR 00.0300 Mnntintory (6/2012) - CR 52; RCW25.09.030; .070(3)

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-

CONTINUING RESTRAINING ORDER.


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.

7.

pttornea

necessary continuing restraining orders. The distribution of property and liabilities


as set forth in the decree ls fair and equitable.

1!

Markham

PROTECTION ORDER.
Docs not apply.

3.7

ATTORNEY'S FEES AND COSTS.

ICj
n\
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13!

Hi

15

Presented by;

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MICHAEL W. BUGNI & ASSOCIATES, PLLC

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KARMA I.. ZAIRE, WSBA U 31037


19 I Attorney for Petitioner/Wife

TWILA MARKHAM
Petitioner/Wife
Electronic Signature Approved

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Copy Received, Approved for Entry and


Notice of Presentation Waived by;

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24

PHILIP t Sa I, WSBA # 2L7b3Z


Attorney for Rcspondent/Husband

GERALD MARKHAM
Respondents usband

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Fm#ES#f P*et ami Concl of lUtw (FNFCL>Pngc 5 of 6


WPF 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

-3-05383-7,

S1LEB
KINGCOUNTY, WASHINGTON
FEB 1 2 2015
DEPARTMENTOF
JUDICIALADMINISTRATION
r^tV?
l.\U w

4
5
6'

IN THE SUPERIOR COURT OF WASHINGTON


IN AND FOR KING COUNTY

7
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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)

16

I.
1.1

JUDGMENT/ORDER SUMMARIES

REAL PROPERTY JUDGMENT SUMMARY.


Real Property Judgment Summary is set forth below:

j CASH

|20[

\ JUDO

1.2

jo tS ^
j cfHM

Assessors property tax parcel or account number: See Exhibits H and W.


MONEY JUDGMENT SUMMARY.
Does Not Apply

AOCTG'

END OF SUMMARIES
II.
BASIS
Findings o f Fact and Conclusions of Law have been entered in this ease.

exh

Octree (DCD) (DCLGSP) (DClftMG) - Page I of7


VVJFDR 04.0400 Mandatory (6(2012) - RCW 26.09.030; ,040; .070 (3)

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'

The marriage of the parties is hereby dissolved,


3.2

3.3

10

3.4

13'

3.5

16

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.

17
18

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 tins Decree.

14:
15

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.

11
12

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,

8
9

STATUS OF TH E MARRIAGE.

3.6

19

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 attorneys fees
and costs incurred in defending against any attempts to collect an obligation of the other
party.

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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

Decree (DCD) (DCLGSP) (DC1NMG) - Pag2 oft


WPP DR 04.0400 Mandatory (S/2012 ) - RCW20.09.030; .040; .070 (3)

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

Does not apply.

3.10

10

PROTECTION ORDER

JURISDICTION OVER THE CHILDREN.


Does not apply.

3.11

PARENTING PLAN.

11
Does not apply.

12
13

3.12

Does not apply.

14
15

CHILD SUPPORT.

3.13

16

ATTORNEYS FEES, OTHER PROFESSIONAL FEES AND COSTS.


Does not apply.

17
18

3.14

Does not apply.

19

20

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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

Decree (DCD) {DCLGSP) (DCINMG) - Pago 3 or?


WPF DR 04.0400 Mandatory (6/20i2) - RCW 26.09.030; .040; .070 (3)

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

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 o f 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 others 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

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15
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21

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Decree (DCD) (DCLGSP) (DCIN.MG) - Page 4 of 7


WPF DR 04.0400 Mandatory (6/2012) - RCW 26,09.030; .040; .070 (3)

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

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.

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,

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


division.

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

MICHAEL V . BUGNI & ASSOCIATES, PLLC


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

Attorney for Petitioner/Wife

Yw
WILA MARKHAM
Petitioner/Wife

Electronic Signature Approved

A signature below is actual notice of this order.

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

Decree (DCD) (DCLGSP) (DCINMG) - Page 6 of7


WPF DR 04.0400 Mandatory (6/2012) - RCW26.C9.030; .040; .070 (3)

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

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13-3-083

Copy Received, Approved for Entry and


Notice of Presentation Waived by;
TSAI LAW COMPANY, PLLC

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PHILIP a TSAI, WSBA #27632


Attorney for Respondent/Husband

Responder)t/Husband

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Decree (DCD) rnCMWP) (DCINMG) * W 1( If ?


W F rnt <H.IN0D MnwlKUiry (6/2012) - RCW 26,03.030; .040; .070 (3)

LAW OFFICES
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MICHAEL Yf, BUGW ft ASSOC., TLLC
11300 ROOSEVELT WAY NE. STE. 300
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-805?