16 Twila Markham V Gerald Markham PET MOT Compel Discovery 13-3-08383-7 SEA

FILED
14 MAR 27 PM 4:28
KING COUNTY
SUPERIOR COURT CLERK
E-FILED
CASE NUMBER: 13-3-08383-7 SEA
IN THE SUPERIOR COURT OF WASHINGTON

IN AND FOR KING COUNTY
In re the Marriage of:

TWILA MARKHAM,
Petitioner,
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and
GERALD WAYNE MARKHAM,
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NO. 13-3-08383-7 SEA
MOTION AND DECLARATION

FOR ORDER TO COMPEL
DISCOVERY FROM PETITIONER
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Respondent.
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MOTION TO COMPEL DISCOVERY
Relief Sought. Twila Markham, the Petitioner/Wife herein, by and through her
attorney o f record, Karma L. Zaike, o f Michael W. Bugni & Associates, moves this Court,
pursuant to Civil Rule 37(a), for an order compelling the Respondent/Husband, Gerald W.
Markham, to serve his full and complete answers to interrogatories and Requests for
Production that were submitted pursuant to Civil Rules 33 and 34. The Wife also requests the
appointment o f a Discovery Special Master, pursuant to CR 53.3. The Wife further moves,
pursuant to Rule 37(a)(4), to have the Husband pay the reasonable expenses, including
MOTION AND DECLARATION FOR ORDER

COMPELLING DISCOVERY - Pg. 1 o f 11
LAW OFFICES_____________________
M ic h a e l W . B u g n i & Assoc., p l l c
11300 ROOSEVELT WAY NORTHEAST
SEATTLE, WA 98125
(206) 365-5500 . FACSIMILE (206) 363-8067
attorneys fees, incurred in obtaining this Order along with sanctioning the Husband $100 per
day for every day he does not submit his answers to the Wife once an Order is entered.
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Grounds.
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First set o f Interrogatories. The Husband was served with the W ifes first set of
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interrogatories and requests for production on August 30, 2013. Exhibit 1. Though the
Husband did provide responses to many o f W ifes first interrogatories and requests for
production, he failed to provide a complete response to the W ifes Request for Production
(RFP) Number 3, which contained a request for statements for all o f the Husbands bank
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accounts for the past two years. With a marital estate totaling ~ $10 million, financial records
are o f particular importance in this matter. Therefore, a deficiency letter was sent to the
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Husbands attorneys on October 23, 2013. Exhibit 2.
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On October 30, 2013, in response, one o f the Husbands attorneys, Mr. Anthony Urie,
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sent W ifes counsel a 14-page letter explaining that the Husband would not be providing
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statements for his brokerage or retirement accounts because the RFP requested statements for
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all bank accounts, as opposed to other types o f financial accounts, and notified W ifes
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counsel that the Husband was refusing to participate in a discovery conference. Exhibit 3.
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Due to Mr. U ries refusal to conduct a discovery conference by phone, a detailed letter was
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sent to the Husbands attorneys on November 18, 2013, outlining the W ifes specific
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objections to the Husbands outstanding Requests for Production. Exhibit 4. The letter
expressed a willingness to work together in good faith to determine the appropriate scope of
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LAW OFFICES________________________
MICHAEL W . BUGNI & ASSOC., PLLC
SEATTLE, W A 98125
(206) 365-5500 FACSIMILE (206) 363-8067
the Husbands discovery requests, as well as provide a list o f documents the Wife was willing
to produce.
For months, Respondents attorneys, Mr. Urie and Mr. Takahashi, refused to respond
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to the 11/18/13 discovery letter. Counsel for the Wife was unable to bring a motion for
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protective order because the CR 37 conference had not been completed. A partial discovery
conference did occur on January 8, 2014, with Mr. Tsai and Mr. Urie, but was incomplete.
The wife has willingly produced 1,834 pages o f documents neatly organized and bates
stamped. Said documents include but are not limited to all o f the parties tax returns in her
possession, bank statements, credit card statements and other financial statements in her
possession for a minimum o f two years for all o f the colossal number o f accounts in which the
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parties have an interest, and has packed up much o f the Husbands personal property, which
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remains ready to be delivered. In addition to Ms. M arkhams initial discovery responses

which were produced, she has also timely supplemented financial documents and answers as
new information becomes available.
Second Set o f Interrogatories propounded to Husband. In response to bad faith
gamesmanship on the part o f the Husband, a second, very specific set o f Interrogatories and
Requests for Production were served on his counsel on January 21, 2014. Exhibit 5. On
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February 10, W ifes counsel proactively inquired as to whether timely and complete
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responses would be provided by the discovery due date, or whether the Husband would be
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seeking an extension. Exhibit 6. W ifes counsel also asked in this e-mail whether a
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discovery conference would be necessary. Ten days later, after receiving no response, W ifes
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LAW OFFICES________________________
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
counsel sent the Husbands attorney another e-mail inquiring as to the Husbands ability to
meet discovery deadlines. Exhibit 7. On February 19, the Husbands attorney responded by
simply stating that by his calculations, responses were not due until February 24, and that he
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was not available for a discovery conference at the scheduled time. Exhibit 8. On February
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20, the day before responses were due, W ifes counsel again requested that the Husbands
counsel either advise that his responses would be provided on time, or that a discovery
conference be scheduled. Exhibit 9. The Husbands counsel again refused to schedule a
discovery conference at that time, and instead, sent W ifes counsel a letter containing a vague
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list o f objections to the W ifes discovery as a whole, stated that more substantive answers
would be provided by February 24, and declared that if a discovery conference is needed at
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that time, one would be scheduled. Exhibit 10.
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On February 24, 2014, the Husbands attorney requested via e-mail that Mr. Markham
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be granted a 7-day extension. Exhibit 11. This was concerning because the majority o f the
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documents the Wife has requested can simply be downloaded by the Husband from accounts
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which are accessed on-line. The Husband was given the benefit o f the doubt, and agreed to a
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moratorium in discovery until March 3, 2014. Exhibit 12.
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On the evening o f March 3, the Husband produced a meager number o f financial
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documents as his only response to the W ifes discovery requests. Exhibit 13: Summary of
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documents produced. Despite the fact that the Husband had plenty o f time in which to
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respond to the W ifes discovery requests, and the W ifes counsel even agreed to an extension
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to allow him to do so, the Husband failed to provide any responses to the W ifes second set of
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LAW OFFICES________________________
SEATTLE, W A 98125
(206) 365-5500 FACSIMILE (206) 363-8067
interrogatories until March 12, 2014. Though the Husbands attorney suggested that the
Husband would be producing more o f the documents requested by the W ifes Requests for
Production, hard copies o f the same meager financial documents that were received on March
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3 were delivered to the office o f the W ifes attorney on March 12 as well. O f concern is that
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the Husband has failed to produce two years o f statements for any account and no statements
more recent than early January, 2014. The Husband has failed to produce any current
financial documents for 2014, including not one single credit card statement or financial
account statement.
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Furthermore, Respondents attorney has repeatedly failed to cooperate in scheduling a

discovery conference. W ifes counsel provided notice o f a discovery conference over a month
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ago when she served the Husband with the discovery requests. She has made continuous
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efforts to accommodate the schedule o f the Husband and his attorney, but the Husbands
attorney has failed to respond to her e-mails, return her phone calls, or even to make himself
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available to discuss this matter at previously scheduled times. Additionally, counsel refuses
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to respond to repeated requests to make documents available. Exhibit 14.
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At no time prior to the filing o f this motion has the Husband requested a protective
order or request to limit the scope o f discovery. The following Interrogatories and Requests
for Production o f Documents were not fully answered and are in need o f a response:
Interrogatory No. 22: The interrogatory requested that Mr. Markham identify the
amount o f any charge imposed for medical coverage for each member o f his family.
Mr. Markham stated that there is an amount deducted from his AK PERS retirement
check for dental, optical and audio, as well as amounts paid for Medicare, Part B.
However, Mr. Markham failed to provide these amounts.
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LAW OFFICES_____________________
MiCKAEL W . BUGNi & ASSOC., PLLC
11300 ROOSEVELT W AY NORTHEAST
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
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Interrogatory No. 26: The interrogatory requested that Mr. Markham state the
amounts o f all pension, retirement, unemployment compensation and social security
payments received by him for each year since he was last employed. Mr. Markham
stated that he receives a PERS retirement check, and that such amounts for prior years
(since 2003) are contained in PERS 1099-R tax forms. However, he has failed to
provide the amounts requested or to produce any 1099-Rs for any previous years.
Interrogatory No. 28: The interrogatory requested that Mr. Markham state the source
and amount o f any income he received in each o f the last three years, including the
current year, from any source not disclosed in his answers to the previous
interrogatories. Mr. Markham merely states, See prior tax returns in Petitioners
possession. He does not state the sources o f any additional income, nor does he
provide amounts received.
Interrogatory No. 32: Mr. Markham fails to provide information regarding his
retirement; states he will sign a release, but has failed to do so. The source o f this
asset is essential since the Wife believes that the Husband will make a separate
property claim on this asset at the time o f trial when it is fully a community asset.
Interrogatory No. 37: The interrogatory requests that Mr. Markham list any financial
accounts in which he has had an interest in the past three years, and for each such
account state: (a) the name and address o f the bank or financial institution at which the
account(s) is/are maintained; (b) type o f account; (c) date the account was opened; (d)
date the account was closed (if not still opened); (e) present balance; (I) persons
authorized to draw on the account; and (d) account numbers. Mr. Markham generally
referred to accounts for which the Petitioner has produced records, and referred to
statements for accounts produced within his responses. Not only did Mr. Markham
merely produce spotty records for only a few o f his financial accounts, he failed to
answer the interrogatory.
Interrogatory No. 38: The interrogatory seeks information regarding any withdrawals
from Mr. M arkhams financial accounts in excess o f $1,000 during the past 12
months. Mr. Markham has failed to answer the interrogatory and has not provided
comprehensive statements for his accounts for the past 12 months such that this
information can be gleaned from documents he has produced, as he indicates can be
done his response.
Interrogatory No. 39: The interrogatory requests information regarding Mr.
M arkhams investment plans. Mr. Markham stated that he has an interest in the
following accounts: (1) AK PERS retirement plan; (2) stock in ALPS E&O Mutual
Insurance Company; (3) College Life policy; (4) Two retirement accounts from the
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LAW OFFICES________________________
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
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Municipality o f Anchorage (a 401K and 457); and (5) a SEP/IRA through D.A.
Davidson. However, Mr. Markham has failed to provide the terms o f such plans, his
investment to date in such plans, or his estimate o f their present value. Nor has Mr.
Markham provided statements for these plans, despite the fact that his response states
that documents regarding these plans will be provided.
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Interrogatory No. 44 and 46: Mr. Markham fails to disclose any securities or stocks
purchased/sold during marriage and fails to disclose savings or investment accounts.
Mr. Markham has stated that he intends to claim the majority o f the parties estate is
his separate property. His failure to produce statements or identify accounts in his sole
name preclude the Wife from obtaining evidence to show that the funds have a
community source.
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Interrogatory No 53: The interrogatory seeks information regarding Mr. Markhams

ownership interests in any real property. Mr. Markham states that he will produce all
files in his possession in response to the interrogatory but has failed to produced said
documents.
Interrogatory No. 55: The interrogatory seeks information regarding Mr. Markhams
ownership interests in any real property which he claims is not community property.
The interrogatory lists questions a-h regarding such interests. Mr. Markham merely
makes conclusive statements about the characterization o f the partys property
generally, but fails to provide the information requested by the interrogatory for each
ownership interest he claims is not community property.
Interrogatory No. 56: The interrogatory requests that Mr. Markham list his average
monthly expenses utilizing categories in a chart provided by the interrogatory. Mr.
Markham merely states that he makes these payments by credit card and that the
Petitioner has access to such statements. Mr. Markham fails to take responsibility for
his own expenses or acknowledge that he has kept the majority o f the parties estate in
his sole name.
Interrogatory No. 58: The interrogatory asks for Mr. M arkhams total average
monthly income from ah sources. Mr. Markham merely refers to his tax returns.
Interrogatory No. 59: The interrogatory requests that Mr. Markham identify and
describe all property he claims to be his separate property. Mr. Markham has failed to
provide the requested information.
Interrogatory No 64: The interrogatory seeks information regarding a change in
location o f any funds or other liquid assets having a value greater than $1,000. Mr.
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LAW OFFICES________________________
MICHAEL W . BUGNi & ASSOC., PLLC
SEATTLE, WA 98125
(206) 365-5500 . FACSIMILE (206) 363-8067
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Markham has stated that such transfers are obvious from his financial statements.
However, Mr. Markham has neither answered the question nor provided
comprehensive financial statements for his accounts.
Interrogatory No. 70: The interrogatory requests information regarding any life
insurance or annuity policies. Mr. Markham merely states, See college life policies
produced herewith. No such policies were produced.
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Interrogatory No. 74: The interrogatory seeks information regarding each o f the
vehicles in which the parties have an interest. Mr. Markham has failed to even list all
o f the vehicles in which he has an interest, and has not provided any o f the information
about each vehicle sought by the interrogatory.
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Request for Production No. 4 : The RFP requested that Mr. Markham produce legible
copies o f all documentary evidence supporting his interest in assets acquired prior to
the date of marriage or after separation which are now in his spouses name or control.
Mr. Markham has responded that documents relating to his interest in such assets are
located at this office o f his attorney.
Request for Production No. 5: The RFP requested that Mr. Markham produce legible
copies o f all documentary or physical evidence supporting his contention that he is
entitled to receive more than 50% o f the net value o f the marital estate. Mr. Markham
has responded that these documents will be available for inspection and copying at his
attorneys office at an agreed upon date and time. Mr. M arkhams attorney has
refused to respond to inquiries as to document availability.
Request for Production No. 7 : The RFP requested that Mr. Markham produce copies
o f all monthly statements for all debts prepared by any creditor for each account listed
in his answers to interrogatories for the preceding twelve (12) months. Notably, Mr.
Markham failed to produce any statements for his American Express credit card.
Please produce statements for his American Express card for the preceding 12 months.
These statements can be acquired by simply downloading them online.
Request for Production No. 9 : The RFP requested that Mr. Markham produce
important financial documents, most o f which will be required to be produced under
KCLFLR 10. On March 3, Ms. Markham received only the following financial
documents:
1. Statements for Mr. M arkhams Ameritrade Account ending in #4823 for
May, 2013, September, 2013 through January, 2014, and a 2013 year-end
statement containing tax information;
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LAW OFFICES_____________________
M ic h a e l W. B u g n i & Assoc., p l l c
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
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2. Statements for Mr. M arkhams D.A. Davidson Account ending in #6360

for April, 2013, and January, 2014;
3. A statement for Mr. M arkhams D.A. Davidson SEP IRA Account ending
in #8425 for January, 2014
4. Consolidated Summary o f Accounts for the parties four D.A. Davidson
accounts for April, 2013, and October, 2013 through January, 2014.
On March 12, Ms. Markham received hard copies o f the same documents. On both
occasions these documents were provided in a completely random order, with several
outdated statements duplicated two or three times while no current statements were
produced.
The RFP requested full statements for all o f the above accounts for the past 12
months, as well as:
a. Legible copies o f all income tax returns filed by you or on your behalf for
the last three (3) years, including, but not limited to, personal, corporate,
partnership or other such returns;
d. The most current statement that you have access to o f accrued benefits in
connection with your retirement plants);
e. Legible copies o f originals o f any and all brochures, contracts, or other
explanatory documents regarding any retirement benefits to which you are
entitled or will become entitled to;
f. All documents or records regarding any savings or investment plans that
you are participating in at the present time which have been prepared for or
received by you during the past 12 months;
g. All check or savings registers in your possession or to which you have
access which relate to any checking or savings accounts into which you
have deposited or from which you have withdrawn funds during the past 12
months with such registers to cover the most recent 12-month period;
h. All monthly statements and canceled checks in your possession or to which
you have access which relate to any checking, savings or credit union
accounts into which you have deposited or from which you have
withdrawn funds during the past 12 months covering the most recent 12month period;
i. All passbooks, monthly, quarterly and annual statements, deposit slips and
other records from any savings accounts into which you have deposited
funds or from which you have withdrawn funds during the past eight (8)
months;
j. Copies or originals o f all savings bond certificates together with any other
records in your possession or to which you have access regarding savings
bonds that you presently have an interest in.
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LAW OFFICES________________________
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
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Notably, Mr. Markham has failed to produce any documentation regarding his
retirement benefits through the Municipality of Anchorage, his PERS files and
his ALPS and College Life files, though he acknowledged their existence in his
response. Ms. Markham is not in possession o f any records o f these financial accounts
prepared since the date o f separation.
Request for Production No. 10: The RFP requested that Mr. Markham produce any
original or legible copy o f any community property agreement or prenuptial agreement
entered into between him self and his spouse, as well as any documentary evidence that
the terms o f any community property agreement or prenuptial agreement was adhered
to during the marriage with full knowledge and agreement by each spouse. Mr.
Markham asserts that such documents exist, but claims that they are in Ms.
M arkhams possession. Ms. Markham is in possession o f no such documents.
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As stated above, many Mr. Markham states that documents will be available in his
attorneys office. When W ifes counsel attempted to obtain the statements, Mr. M arkhams
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counsel denied possession and has refused to cooperate in transporting the documents to
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Sound Legal Copying. Exhibit 14. Due to the contentious nature o f the discovery process in
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this action, the Wife requests that a Discovery Special Master be appointed in accordance
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with CR 53.3. Because the appointment o f a Special Master is necessary due to the Husbands
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continued bad-faith gamesmanship throughout the discovery process, the Wife requests that
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the fees for the Special Master be paid by the Husband out o f his separate account, not from
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the parties joint funds. The Husband should be required to keep such funds in a retainer until
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the time o f trial.

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3.
Basis. This Motion is based on the grounds stated above, copies o f exhibits
attached hereto, and the annexed declaration o f Karma L. Zaike.
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LAW OFFICES_____________________
M ic h a e l W . B u g n i & Assoc., p l l c
SEATTLE, W A 98125
(206) 365-5500 FACSIMILE (206) 363-8067
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Karma L. Zaike, WSBA #31037

Attorney for Petitioner/Wife
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II.
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Karma L. Zaike on oath, certifies and declares as follows:
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DECLARATION
1.
I am the attorney o f record for the Petitioner/Wife and am competent to testify
herein.
2.
Respondent was served discovery as set forth above. Despite my repeated
efforts to accommodate the schedule o f Husbands counsel, the Husband has failed to follow
through with a discovery conference.
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The court should note that discovery requests which remain outstanding are
specifically tailored to obtain information that has not yet been provided.
4.
The W ifes Second Set o f Interrogatories and Requests for Production was
pertinent and reasonable. Attorneys fees in the amount o f $1,000 have been incurred to
cooperate in scheduling a discovery conference and bringing this Motion. Mr. Markham
should be ordered to pay those fees. Mr. Markham should be sanctioned $100 per day for
every day he is late in providing his answers after an Order is entered to ensure compliance.
5.
Mr. Markham has had ample time to provide full and complete discovery
answers. Mr. Markham has been intentionally evasive.
6.
Counsels Certification Under CR 26(i): Repeated good faith attempts were
made to schedule a discovery conference, as set forth above. The Husbands counsel has
willfully refused or failed to confer in good faith as set forth above. Complete responses have
not been provided.
I certify and declare under penalty o f perjury under the laws o f the State of
Washington that the foregoing statement is true and correct.
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DATED: March 27, 2014

KARMA L. ZAIKE, WSBA#31037
Attorney for Petitioner
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LAW OFFICES_____________________
M ic h a e l w . B u g n i & Assoc., p l l c
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
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EXHIBIT 1
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In re:
TWILA MARKHAM,
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Petitioner,
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and
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GERALD WAYNE MARKHAM,

Respondent.
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NO. 13-3-08383-7 SEA
PETITIONERS FIRST SET OF

INTERROGATORIES AND
REQUESTS FOR PRODUCTION
OF DOCUMENTS TO
RESPONDENT
Date Propounded:
Due Date:
CR 37:
08/30/2013
09/30/2013
10/01/2013
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TO:
GERALD WAYNE MARKHAM, Respondent;
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AND TO:
DAISUKE TAKAHASHI, his attorney:
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Interrogatories. In accordance with Rule 33 of the Civil Rules for Superior Court,
State of Washington, please do the following:
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Answer each of the following interrogatories separately and fully, in writing, under
oath, unless there is an objection to an interrogatory, in which case state the reason for the
objection. The answers and objections, if any, to interrogatories must be served upon the
undersigned attorney within 30 days after the service of these interrogatories as provided in
Civil Rule 33. lire following interrogatories are intended to be continuing in nature, and any
information which may be discovered by y o u subsequent to the service, and filing of vour
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LAW OFFICES ________________ _
M ic h a e l W. B ug ni & Assoc., pllc
Petitioners Interrogatories and Requests for Production

of Documents to Respondent - Page 1 of 7
OPPOSE COUNSEL
11300 ROOSEVELT WAY NE, STE, 300

SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
ORIGINAL
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answers should be brought to the attention of the inquiring party, through supplemental
answers, within a reasonable time following discovery.
Requests for Production of Documents: In accordance with Rule 34 of the Civil Rules
for Superior Court, State of Washington, please do the following:
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Produce and permit inspection and copying of the requested documents, records and
materials pursuant with Civil Rule 34. The designated documents shall include writings,
6 drawings, graphs, charts, photographs, phone records and other data compilations from which
information can be obtained, translated if necessary or otherwise reduced through detection
7 devises into reasonably usable form and shall be produced and made available for inspection
and duplication by the undersigned or someone acting on his behalf at 11300 Roosevelt Way
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NE, Suite 300, Seattle, Washington 98125, 30 days from receipt hereof.
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The party upon whom these requests for production are served shall serve a written
10 response within 30 days after service of this request, except that a Respondent may serve a
response within 40 days after the service of the Petition upon that party. The response shall
11 state with respect to each item or category that inspection (or related activities) will be
12 performed as requested, or if the request is objected to, the reason for such objection. If
objection is made to part of an item or category, that particular part shall be specified in the
13 objection. The party submitting this request may move for an Order under Civil Rule 37(a)
with respect to any objection to or failure to respond to the request or any part thereof, or any
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failure to permit inspection or related activities as requested.
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DEFINITIONS
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As used in these interrogatories, the following words and phrases shall have the
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(a)
Person. The term person is meant to include any individual and any business
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(b)
Document. The term document is meant to include, without limiting its
generality, contracts, agreements, correspondence, telegrams, reports, records, schedules,
diaries, invoices, purchase orders, charts, notes, estimates, summaries, inventories, minutes of
meetings and memoranda regarding conferences or telephone conversations, and any and all
other written, printed, or typed matters of whatsoever kind or description. If any documents
are not identified because of any claimed privilege, state the nature of the privilege and the
number of documents that are not identified.
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LAW OFFICES
M ic h a el W. B ug ni &
______ _
Assoc,, pllc
11300 ROOSEVELT WAY NE, STE. 300

SEATTLE, WA 98125
(206) 365-5500 . FACSIMILE (206) 363-8067
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(c)
Electronic Communications, The term electronic communications is meant
to include, without limiting its generality, e-mails, text messages, voice mails or any other
form of electronic communication. If any such communications are not identified because of
any claimed privilege, state the nature of the privilege, the nature and subject of the
communications that are not identified.
(d)
Identify. As used in these interrogatories, the term identify used in reference
to an individual person means to state his full name, present or last known address and
telephone number, his present or last known position and business affiliation, and his position
and business affiliation at the time in question. Identify when used in reference to a
document means to state the date and authority, type of document (e.g., letter, memorandum,
telegram, chart, etc.) or other appropriate means of identifying it, and its present location or
custodian. If any such document was but is no longer in your possession or subject to your
control, state what disposition was made of it.
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NOTICE OF DISCOVERY CONFERENCE
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This discovery request has been submitted in the Superior Court pursuant to Local
Rule 37 (e). Please take note of the following:
If the Interrogatories set forth herein are not fully answered or documents
produced, then in that event, it shall be necessary to have a conference of
counsel or with the answering party if not represented by counsel pursuant to
Superior Court Local Rule 37 (e).
Please be advised that a telephone conference is hereby scheduled for October
1,2013 at 10:00 a.m. for the purposes of conferring with you as to why you
have objected to or failed to answer the Interrogatories set forth herein.
18
19
20
21
22
23
24
INTERROGATORY NO. 1: Please provide the following for every flight you have taken in
the past two years:
a.
b.
c.
d.
e.
Date of departure and return

Destination;
Purpose of travel;
Method by which travel was paid; and
Names and contact information for any person accompanying you.
25
LAW OFFICES____________________
M ic h a el W. B ugni & Assoc., pllc
11300 ROOSEVELT WAYNE, STE 300

SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
ANSWER:
3
4
5
6
7
8
9
10
11
12
INTERROGATORY NO. 2 : During the past two (2) years, have you charged on any credit
card a flight ticket for yourself and/or any other person. If so, with respect to each such
account, provide the following information:
a.
Name and address of bank and financial institution at which the
account(s) is/are maintained;
b.
Type of account(s) and account number;
c.
Date of each flight charged;
d.
Destination of travel for each trip.
13
14
ANSWER:
15
16
17
18
19
20
REQUEST FOR PRODUCTION NO. 1: Pursuant to Civil Rule 34, you are requested to
produce, at the date, time and place that you serve your answers to these Interrogatories, all
documents underlying, substantiating and/or evidencing your answer to the immediately
preceding two Interrogatories. You may comply with this Request by attaching a copy of
each such document to your answers to these Interrogatories.
ANSWER:
21
22
23
24
25
LAW OFFICES____________________

SEATTLE, WA 98125
(206) 365-5500 . FACSIMILE (206) 363-8067
1
2
INTERROGATORY NO. 3: Please state how many days each month you have spent in
Washington and in Alaska from January 1, 2012 to the present.
ANSWER:
Month
January, 2012
5
6
February, 2012
March, 2012
State
Number of days in the state
April, 2012
9
May, 2012
10
11
June, 2012
12
July, 2012
13
August, 2012
14
15
September, 2012
October, 2012
16
17
November, 2012
18
December, 2012
19
January, 2013
20
February, 2013
21
March, 2013
22
23
24
April, 2013
May, 2013
25
LAW OFFICES____________________

SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
1
2
June, 2013
July, 2013
August, 2013
4
5
INTERROGATORY NO, 4 : Please state the name and location of each health care
provider from whom you have received care within the past two years:
8
9
a)
b)
Name, address and phone number of each health care provider;

Date and duration of each health care appointment;
ANSWER:
10
11
12
13
14
REQUEST FOR PRODUCTION NO, 2 : Please produce legible copies of your Pilots Log
Book for the past two years for all aircraft you have piloted, including but not limited to the
Beech Mueketeer, N7998L,
RESPONSE:
15
16
17
18
19
20
REQUEST FOR PRODUCTION NO. 3: Please produce legible copies of statements for all
bank accounts you have for the past two years.
RESPONSE:
21
22
23
24
25
LAW OFFICES____________________
M ic h a e l W. B ugni & A s s o c ., pllc

SEATTLE, WA 98125
(206) 365-5500 . FACSIMILE (206) 363-8067
August 30, 2013
KARMA L. ZAIRE, WSBA #31037

Attorney for Respondent/Mother
4
5
ANSWERS SUBMITTED: September______, 2013.
7
8
DAISUKE TAKAHASI-II, WSBA #46046

Attorney for Petitioner/Father
9
10
11
12
STATE OF WASHINGTON
COUNTY OF KING
)
)
)
ss.
13
14
15
16
17
GERALD WAYNE MARKHAM, being first duly sworn, on oath, deposes and says:
That I am the Respondent herein, and I am qualified to answer the within and
foregoing interrogatories; that I have read the within interrogatories, know the answers
thereto and believe the same to be true and accurate to the best of my knowledge,
information and belief.
18
19
20
GERALD WAYNE MARKHAM

SUBSCRIBED AND SWORN TO before me this_____
day of September, 2013.
21
22
23
24
Notarys Printed Name: _________ ______

NOTARY PUBLIC in and for the STATE OF
WASHINGTON, residing a t____________
My commission expires:_________ __
25
LAW OFFICES____________________
M ic h a e l W. B ugni & Assoc., pllc
o f Documents to Respondent - Page 7 of 7

SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
EXHIBIT 2
11300 R oosevelt W ay N o r theast , S u it e 300

S e a t t le ,W ash ington 98125
P:206.365.5500 F:206.363.8067
n f MICHAELW, BUGNI &ASSOCIATES, PLLC
info@lawgate.net
A tto rn eys
M ichael W .B ugni
L au r a C hristensen C o b e r g
D a r ia J. G oodwin
M argaret D oyle F ikpatr ick
J ennie L aird
K r istina M . L arch
C hristine A M ayoue
Y vette S mith O C onnell
L u A n n e P erry
B ita S oltan -Q urraie
October 23, 2013
K arma L. Z aire
N atalie M . B eckmann
Mr. Anthony Urie

Mr. Dice Takahashi
Attorneys at Law
18130 Midvale Ave. N Ste. A
Shoreline, WA 98133
Re:
Markham v. Markham
Dear Mr. Urie and Mr. Takahashi:

Mr. Markhams Response to Discovery Requests failed to fully respond to Ms.
Markhams Request for Production. The following Request for Production of Documents
was not answered and is in need of a response:
Request for Production No. 3: Please produce legible copies of statements for all
bank accounts you have for the past two years.
Your clients objection does not absolve him from responding. Please be advised that if
Mr. Markham has not provided a full and complete response by the close of business on
Thursday October 31, 2013, a motion to compel will be filed.
Yours truly,
Karma L. Zaike
KLZdym
Cc:
Client
EXHIBIT 3
LAW OFFICE OF ANTHONY M. URIE, pile

A Professional Limited Liability Company
ttorney a t la w
18130 Midvale Ave N.

Shoreline, WA 98133
Ph: 206-542-4066
Fax: 206-542-6655Cell: (206)859-3400
Email: anthonyurie@gmail.com
Admitted in Washington & California
October 30, 2013

Ms. Karma Zaike
Attorney At Law
11300 Roosevelt Way N.E.
Suite 300
Seattle, WA 98125
In re: Markham vs. Markham

King County Case No. 13-3-08383-7 SEA
Dear Ms Zaike:
My response to your October 23, 2013 letter
regarding Mr. Markham's objections to producing
"statements for all bank accounts" was in final draft
before I received your current email. I think the
response (infra) should address all your concerns. If
after you receive it you still wish to have a discovery
conference about OUR objections to your first request
for production augmented by your October 23, 2013
P a g e -1
email, please set a time on Thursday a.m. and we will

place a conference call to you. But that conference
needs to be so limited.
Further to your proposal to have a discovery
conference as to YOUR OBJECTIONS to our recent
proposed discovery, be advised that to date we have
not received your objections and therefore your
proposal is premature. The discovery rules simply
don't provide for a conference in advance of your filing
objections to our requests, however the balance of
this email may address some of your concerns. If
after we receive and study your (we assume very
specific) objections and we think any are not well
taken, we will contact you and arrange a meeting to
discuss them. We expect you will professionally
respond to our requests and to any request for a
discovery meeting we there after think we need as we
have professionally responded to yours.
I would think from the very comprehensive answers
we gave to the rest of your discovery that his (proper)
objections do not remotely suggest Mr. Markham is
trying to be obstreperous or unreasonable in
responding to your discovery. Nor has he otherwise
been in response to your late August representations
that its now Mrs. Markham's intents to retract her
earlier May 9, 2013 representation offering to allow
him to demonstrate, he has no anger management
issues to Dr. Maiuro's satisfaction and try to reconcile
and instead proceed directly to a divorce.
Page- 2
As we represented to you in all good faith, our intent

in bringing our motion to dismiss for lack of subject
matter jurisdiction was twofold. First we believed it
was right. But we also sought bring awareness to the
serious Washington inheritance tax consequences
that will befall her heirs from a her claim to a
Washington domicile and the pursuit of her divorce
here. You however chose to somehow convince her
that this was being done to gain some sort of
procedural advantage when nothing was further from
the truth? Thats now unfortunately her loss.
In addition you've persuaded her to respond in an
unnecessary and irrelevant punitive manner by having
her and her son file affidavits attempting to support a
claim that her husband is a long time batterer when
your letter of May 9, 2013 clearly reflects she did not
initially so claim. Rather then she was then willing to
defer to Dr. Maiuro's evaluation as to whether he even
had an anger management problem? Moreover she
and her son know (and you should) that there is not
one police or medical document in these parties long
loving marriage supporting that claim. On the contrary
having put this issue in evidence you've clearly
effectuated a waiver to Mrs. Markham's privilege to
her many years of psychiatric counseling, the Seattle
Fire, ambulance and Virginia Mason records of April
19, 2013 and ail of her medical records that
proceeded (and followed) Mr. Markhams April 24,
2013 arrest which your claim now forces us to seek.
P age-3
Rather if its now Mrs. Markhams intent to proceed

directly to a divorce, we only seek to effect a fair and
amicable professional exchange of all of the important
documents relevant to this proceedings. As you can
see from our first request for production our first
concern is for the integrity of all of these parties
relevant files. As your client is further well aware, the
house in Seattle that they jointly occupied
immediately prior to Mr. Markham's arrest, contains a
substantial volume. Our first concern regarding your
production (and ours) is compliance with WA Civil
Rule 38(b), which clearly directs
"A party who produces documents for inspection shall
produce them as they are kept in the usual course of
business".
It is for this reason that our request for production
demands that all of the files at this residence be
produced and a video record made of their position in
the file, box or where ever theyre located (when this
discovery was served) be done by us at the earliest
opportunity before they are disturbed and copied.
Until this is done it will be difficult for either party to
meet the others request in compliance with this rule.
But with a basic amount of professional cooperation
we should be able to do this in short order. Be
advised that due to his familiarity with these
documents and things and the only person capable of
assisting his counsel in this inspection, Mr. Markham's
Page- 4
presence will be necessary at that home through out

every phase of that inspection.
In our last court hearing the court ruled the DV order
was not an impediment to the parties presence
together. On the contrary its basic to his
constitutional right of due process and confrontation.
And in recognition of that fact his DV stipulated order
of continuance expressly permits the Markham's may
have contact in the presence of a 3rd party as
necessary to pursue their divorce. However we do not
seek to force that or affect any other ulterior purpose
in this request. Mrs. Markham's presence is not
requested at this inspection. She can choose to be
absent and instead have her counsel there.
However when our proposed inspection and
production is complete if we are not in a position to
have a mediation to attempt to resolve this matter, we
will need to promptly thereafter take Mrs. Markham's
deposition. This needs to be done at the 810 NE 58th
residence where the documents we seek are located
so that she will have easy access to them while
testifying and we anticipate Mr. Markham's presence
will also be essential for that. Accordingly to move this
along as you've requested please advise of a
proposed time after the proposed inspection and
production when we may notice that.
It is also possible however that after the video
inspection we propose and your response to our
current discovery, that we might alternatively be in a
Page- 5
position to have the mediation you proposed in your

May 9, 2013 letter? If this matter is to proceed to a
divorce Mr. Markham would of course like to do so in
the least stressful to Mrs. Markham and least costly
manner, and to be fair to her in all things. But your
recent introduction of unfounded charges of domestic
abuse is hardly conducive of that!
Accordingly if you are going to persist in that path, we
will need to get all the relevant facts to the issues you
unilaterally raised in your domestic violence charges
out on the table. And as well to see the documents in
demanded in our request. So far your conduct in the
course of this litigation gives us little hope we will
voluntarily see any of that. We hope if you persist in
interjecting these unfounded and irrelevant charges
your responses will disabuse us of that notion.
Alternatively an easier way to move forward in good
faith, with the least amount of stress and expense to
both parties and hopefully mediate this dispute in
good faith would be for you and I to consider a written
stipulation that domestic abuse is not an issue in this
divorce. The reason that I am suggesting this
approach achieves multiple purposes.
1. It will save Mrs. Markham the expense of
producing psychological and medical records
which at the end of the day will establish no
Domestic Abuse Complaints to her medical
providers. And it will save Mr. Markham the
Page-6
expense of rebutting these unfounded and

irrelevant allegations.
2. It will save Mrs. Markham the expense of paying
her attorney to litigate irrelevant issues. There
are no children here and if this matter is to
proceed to a divorce it should only be about a
division of money and assets. Your insertion into
this divorce the claim of domestic abuse which is
unsupported by anything but Mrs. Markham and
her sons interested testimony is contrary to what
all who know them will testify was a very happy
relationship and marriage for nearly 35 years.
And its a marriage where Mrs. Markham was
provided from her husbands tireless work as a
trial lawyer, well over a Million dollars in accounts
in her sole name to and a virtually remodeled
extremely valuable home in Seattle titled in her
own name (as well as several more titled jointly),
to provided her the freedom to live apart from Mr.
Markham if she ever felt the need. I hardly think
at the end of the day, the financial freedom that
she has enjoyed in addition to a fine lifestyle
including the annual use of and traveling to,
multiple vacation homes (near her children from
other relationships and marriages) will remotely
support a claim to domestic abuse.
AS TO YOUR RECENT REQUEST FOR BANK
ACCOUNTS after we accomplish our video
inspection, I would like to hope a further amicable
Page- 7
resolution of your current concerns could be obtained

by your client simply doing the work that the law
obligates her to do before trying to shift this burden on
to us. Repeating what we did in our discovery
response the only "bank accounts" that Mr. Markham
is aware of are as much or more in Mrs. Markhams
custody and control than his. To be more specific
(although that is unnecessary, as your client knows all
this) the only "banks accounts" statements in his sole
name (but hardly his sole control) are those of the
First National Bank of Alaska (FNBA) Kodiak. But for
the period of your request (and some substantial time
previously) these statements have at Mrs. Markham's
request been sent to the parties Seattle address to
facilitate their payment of expenses.
In addition Mr. Markham authorized Mrs. Markham as
an additional signatory on all of those accounts
except his trust account. And we further believe she
has online access to those accounts (that Mr.
Markham also presently does not). Finally at your
May 9, 2013 letters request Mr. Markham did not
terminate her authority to continue to temporarily
maintain the "status quo" with respect to the payment
of those bills customarily paid from those accounts
(and refreshed their balances when necessary to
allow her to do so. Accordingly, she should have all of
those statements and as you can see from our recent
discovery, it is we that need to request production of
them from her! If (remotely) after you've discussed
this with your client (in connection with our request)
Page- 8
you feel you don't have all of these statements,

please identify specifically which statements you don't
have and on pre-payment of my client's estimated
costs (including his and his counsels' future and past
professional time for attending the discovery
conference you scheduled, my October 1,2013 email,
and this one (from funds in accounts in Mrs.
Markham's personal name) following an appropriately
noticed discovery conference we will hear your
reasons why we should be securing those records
from this bank when your client can just as easily?
The only other "bank account" that Mr. Markham is
aware he has any "control" of is a joint account that
the parties maintained at Islander Bank
in Friday Harbor to enable them to pay local bills.
There was only a few hundred dollars in that account
when the parties separated following which Mr.
Markham funded it with $2000 to allow him to be able
to pay Dr. Maiuro's fee before it became clear Mrs.
Markhams son Adam Logghe would arrange for
delivery of his FNBA "traveling" office check book to
him. Since then Mr. Markham also deposited some
small refunds that have come to the parties Kodiak
address into that account for convenience. And for
that reason in the future (and its preprinted checks)
he wishes to keep this account open for now and he's
had its statements since generated forwarded from
Kodiak to him in Friday Harbor. For statements prior
to that time Mrs. Markham knows best where those
are since she established the manner of filing them
Page- 9
but they either came to and remained in Kodiak or

were sent on to Seattle. Either way Mr. Markham
in Friday Harbor has no personal knowledge of their
whereabouts and no convenient manner of knowing.
While we think the sums involved in that account are
insignificant, if you insist on copies in his immediate
possession to verify that, forward a check for $100
(again from Mrs. Markham's personal funds) to my
office for his professional time and copy costs and on
his return to Friday Harbor later this week, he will
copy those that he has and we will produce them in
due course. If on receipt of these you seek more,
upon receipt of a similar check, and express
directions as to their location, he will similarly request
Karl Loffler in Kodiak to look for any that may be in
Kodiak. Or if this proves unsuccessful he will advise
and (again upon pre-payment of a reasonable sum for
his time and costs) he will consider securing copies
from the bank. But again this is a joint account so she
has equal access to them.
On information and belief there are at least two other
current "bank accounts" (and may have been others
in the period you requested) with Seattle banks that
your client has managed virtually exclusively and has
virtual total control of. The first of these was with Bank
of America but on information and belief she closed or
took most of the money from that account and
transferred it to a branch of Union Bank. There were
also accounts at Key Bank on Ravenna and US Bank
P a g e -10
(Mr. Markham believes on Roosevelt) at one time.

Whether she took steps to put Mr. Markham's name
on those accounts he is uncertain. Suffice it to say he
doesn't have custody of any the statements
in Friday Harbor and if he has any control of them
he's unaware of it. The same goes for the "bank
statement" regarding charges for any and all safe
deposit box which Mrs. Markham has maintained in
the past. Since we have requested she identify and
likewise produce all bank statements in our recent
request we assume you will be similarly forthcoming
as to these regarding any safe deposit boxes she
controls in your responses to our requests?
Finally although your discovery requests didn't seek
them and hence theyre not addressed in our
responses, there is the matter of our pending request
for the parties substantial "brokerage" accounts and
which we anticipate in light of our discovery requests
you might likewise serve discovery requests on us to
acquire. Let us save you that effort by seeing if we
can agree to mutually exchange these? So far as Mr.
Markham is aware the parties each had two DA
Davidson accounts (one personal and one IRA each)
and one each at TD Ameritrade.
Prior to filing her petition, Mr. Markham believes Mrs.
Markham had hard copies of the DA Davidson
accounts coming to Seattle. But whether she had two
statements being printed one of which went to Seattle
or had the Kodiak statement forwarded to Seattle he's
not clear. Regardless she should have all of these up
P a g e -11
to that point. Following service of her petition, since

arriving in Kodiak in late June, Mr. Markham learned
that copies of these statements were coming to
Kodiak so he took possession of those that thereafter
arrived and since he left Kodiak has had those that
have arrived in the mail since forward these on to him.
However shortly after he left Kodiak, Mrs. Markham
also had another person (without Mr. Markhams
knowledge or authority) enter this house (which he
owned before the parties were married, is titled in his
sole name and which her April 15, 2013 affidavit
acknowledgers she has no interest in) and take some
cash for a rent payment on another Kodiak property
(on Kashavaroff St.) which that affidavit also admits
was not titled in her name and likewise has no interest
in and had that mailed directly on to her! So whether
when that occurred that person also forwarded her
the DA Davidson statement and he has all of the DA
Davidson statements for this period is unclear.
However Mrs. Markham also has access to her
statements for the accounts in her sole name online.
In our desire to acquire a complete copy of all of
these statements going back to the inception of these
account (as well as copies of her earlier brokers
statements) if you will produce all of those (going
back as far as Mrs. Markham has) without a demand
for prepayment of costs, we will produce those recent
ones that he has acquired in the same fashion. After
th a t! propose any statements that are then missing
P a g e -12
be either printed offline by the party that controls that

account or request it from DA Davidson.
Mr. Markham also has no copies of TD Ameritrade
statement for that brokerage house for account in her
sole name and requests all of those since she opened
that account. If Mrs. Markham advises that copies of
those earlier statements are also in Kodiak (and
where they are located), he would likewise agree to
provide copies of those without prepayment of costs if
she will do likewise as to those she has in Seattle.
There is also the matter of the records of several
Bank CD's and US Treasury Bond funds that were
liquidated in 2008 that Mr. Markham believes are no
longer active but which explain how some funds came
to be in accounts in Mrs. Markham's name Those
records are in Seattle and we seek she produce them.
Also there is a 401K account and a 457 account that
Mr. Markham funded while working at the City of
Anchorage totaling about $100K, and some stock
held by ALPS (Alaska's Legal E&O carrier which have
been forwarded quarterly to Seattle the records of
which she has. Also her life insurance policy. He also
has the records to a whole life policy begun before
their marriage.
Also she has in Seattle the records pertaining to the
ongoing sale of the property on Mill Bay Road that
was his mothers house and some surrounding rentals
to Kevin and Jerry Arndt. She also has in Seattle, the
P a g e -13
records of an earlier substantial sale of the

commercial Straut building as well as a two Alaska
liqueur licenses and two other houses (the wagon
wheel houses) nearby on Larch St. in Kodiak. These
properties were all left to Mr. Markham in his mothers
will and the proceeds From them where thereafter
deposited in separate accounts maintained in his own
name.
Mrs. Markham also has in Seattle the records of an
earlier sale of a house at 4001 Borland, Anchorage
that Mr. Markham had before the parties married. All
of the funds from its sale was likewise deposited in
separate accounts maintained in his own name.
If your client thinks there is anything else weve
inadvertently overlooked (and that is certainly
possible) please advise.
Sincere^
Anthony M. Urie
Attorney for Gerald Markham
Page- 14
EXHIBIT 4
11300 R oosevelt W ay N or th e ast , S u it e 300

S e a t t le ,W ash ington 98125
P: 206.365.5500 F: 206.363.8067
MICHAELW. BUGN1 &ASSOCIATES, PLLC
info@lawgate.net
A ttorneys
M ichael W .B ugni
L aura C h r is ib is e n C olberg
D arla J . G oodwin
M argaret D oyle F itzpatrick
J en n ie L aird
November 18, 2013
K r is iy n a M . L arch
CHRIS e A.MYOIIE
Y vette S mith O 'C onnell
L uA n n e P erry
B ita S oltan-Q urraie
Kar m a L . Z aike
N atalis M . B eckmann
Mr. Anthony Urie

Mr. Dice Takahashi
Attorneys at Law
18130 Midvale Ave. N Ste. A
Shoreline, WA 98133
Re:
Markham v. Markham
Dear Mr. Urie and Mr. Takahashi:

I am writing in response to the Requests for Production served on October 28, 2013. Ms.
Markhams objections to said discovery are asserted below. Please note, however, that
Ms. Markham will work with you in good faith to attempt to reach mutual agreement
regarding the appropriate scope of, and response to, the requests.
The puipose of discovery is to make a trial less a game of blind man's bluff
and more a fair contest with the issues and facts disclosed to the fullest extent practicable.
Washington State Physicians Ins. Exchange v. Fisons, 122 Wn.2d 299 (1993). Mr.
Markhams discovery is not reasonably calculated to lead to discovery that will be
admissible evidence at trial. In fact, it is a poorly disguised attempt to obtain unnecessary
access to the parties home over Ms. Markhams objections. That is not acceptable.
Without limitation, Ms. Markham objects to the Requests for Production to the extent
that it seeks to impose obligations on Ms. Markham beyond those allowed by any
applicable Local Rules or governing case law. Ms. Markham responds and objects as set
forth in detail below:
REQUEST NO. 1: Ms. Markham objects on the ground that the request is overly broad in
temporal scope and unduly burdensome, and that it seeks information that has no
relevance to any pending action. The propounded discovery purports to require Ms.
Markham to conduct a search of all files in her custody or control in an attempt to locate
any documents that might be responsive, and requires Ms. Markham to produce all emails sent to anyone over the entire course of the parlies relationship. To the extent that
the request calls for Ms. Markham to produce documents located at 808 NE 59th St., Ms.
Markham objects on the ground that the parties have no control or ownership rights over
the property.
REQUEST NO. 2: Ms. Markham objects to the extent that the request improperly
demands entry into Ms. Markhams personal residence and to the extent that it is overly
broad and unduly burdensome. The criminal No Contact Order prohibits Mr. Markham
Mr. Urie
Mr. Takahashi
November 18, 2013
Page 2
from entering Ms. Markhams home. Attempting to improperly use the discovery
process to obtain entry is unacceptable. If Mr. Markham truly wants an inventory and/or
appraise items in the family home, he may hire an independent appraiser. His request to
require Ms. Markham to produce all tangible personal property in her custody or control
for inspection, without designating any limitation as to the extent or value of such
property is unreasonable.
Without waiving said objection, Ms. Markham will produce a list of all personal property
to the extent that she is aware that the property has a value of $1000 or more.
Alternatively, as stated above, she will cooperate with a neutral third party hired by the
respondent to conduct an inventory of personal property valued at $1000 or more.
REQUEST NO. 3: Ms. Markham objects to the extent that the request is invasive and
improperly demands entry into Ms. Markhams personal residence, and to the extent that
it seeks information with no relevance to any pending action. Furthermore, the parties
have no ownership or control over real property located at 808 NE 59th Street. Ms.
Markham will provide a list of vehicles in her custody or control and she will cooperate
with a neutral third party hired by the respondent to inspect real property owned by the
parties.
REQUEST NO. 4: Ms. Markham objects to the extent that the request is invasive and
improperly demands entry into Ms. Markhams personal residence, and to the extent that
it seeks information with no relevance to any pending action. Ms. Markham objects to
the extent that the request is overly broad in temporal scope and is unduly burdensome.
The request purports to require Ms. Markham to produce all of the computers and their
hard drives, including old or retired computers, that have ever been located at 810 NE
58th Street. The parties have no ownership or control over any computers owned by Ms.
Markhams son.
REQUEST NO. 5: Ms. Markham objects to the extent that the request is overly broad in
temporal scope and unduly burdensome.
Without waiving objection, Ms. Markham will produce statements of accounts to which
she has access for two years. These statements cannot be produced immediately. It is
expected that these documents will be available for review by December 15, 2013, but
will be produced sooner if possible.
REQUEST NO. 6-7: Ms. Markham objects on the ground that the requests are harassing
and invasive; they seek information relating to medical, physical, and mental health,
which are privileged under various provisions of state and federal law; and they seek
Mr. Urie
Mr. Takahashi
November 18, 2013
Page 3
information that has no relevance to any pending action. Ms. Markham will not produce
privileged documents.
REQUEST NO. 8: Ms. Markham objects on the ground that the request is harassing and
invasive; it seeks information that has no relevance to any pending action; and it seeks
information relating to mental health, which is privileged under various provisions of
state and federal law. Ms. Markham will not produce privileged documents.
REQUEST NO. 9: Ms. Markham objects to the extent that the request seeks information
that is protected from disclosure by the attorney-client privilege, the work product
doctrine, or any other applicable privilege or doctrine (referred to respectively as
privileged documents and privileges). Ms. Markham will not produce privileged
documents.
REQUEST NO. 10: . Ms. Markham objects to the extent that the request is overly broad
in temporal scope, is unduly burdensome and requests information which is not in Ms.
Markhams possession.
Without waiving objection, documentation in Ms. Markhams possession is available for
inspection at the Law Offices of Michael W. Bugni & Associates, PLLC, 11300
Roosevelt Way NE, Third Floor, Seattle, WA. Please schedule an appointment.
REQUEST NO. 11: Ms. Markham objects on the ground that the request has no
relevance to any pending action.
Without waiving objection, Ms. Markham will provide a photograph of Phinney for Mr.
Markham.
temporal scope and unduly burdensome.
Without waiving objection, Ms. Markham will provide a list of tangible items which
were personal to Mr. Markham or which have a value over $1,000 (see RFP #2) that were
removed from the parties real property located in Friday Harbor, Alaska or Arizona
within the past two years.
REQUEST NO. 13: Ms. Markham objects to the extent that the request is overly broad
and improperly demands entry into Ms. Markhams personal residence. The discovery
requests production of photos, wall art, and other personal items, without any
Mr. Urie
Mr. Takahashi
November 18, 2013
Page 4
specificity.
Without waiving objection, Ms. Markham believes she knows the items to which Jerry
refers. The items have been packaged and are ready to be delivered. Please provide a
time you are available in your office when Mr. Markham will not be present and Ms.
Markham will have the items delivered.
temporal scope and unduly burdensome. The request purports to require Ms. Markham to
produce passwords and statements for any and all accounts which have ever been
paid for out of funds held in the names of the parties.
Without waiving objection, Ms. Markham will disclose passwords she currently uses for
access to current asset and liability accounts, as well as those paid for out of funds held
by the parties within the two years preceding this action. It should be noted that Mr.
Markham already has access to these passwords and accounts. He does not have
permission to change the passwords or make unauthorized transfers to/from any account.
REQUEST NO. 16: Ms. Markham objects on the ground that the request is beyond the
scope of CR 34 in that it requests Ms. Markham to produce information held by a nonparty. Mr. Markhams RFP seeks information with no relevance to any pending action
by seeking the production of information relating to property over which the parties have
no ownership rights or control.
temporal scope and unduly burdensome. Ms. Markham also objects on the ground that
the request seeks materials that are obtainable from other sources, including but not
limited to party discovery and/or other non-party sources. Ms. Markham is not going to
be executing a waiver.
Without waiving objection, Ms. Markham has already delivered to Mr. Markham 2010 2012; To the best of Ms. Markhams knowledge, there are no tax returns in her home.
She believes Jerry kept copies in Friday Harbor and there may be older returns in Kodiak.
REQUEST NO. 18: Ms. Markham objects on the ground that the request has no
relevance to any pending action and on the ground that the request is beyond the scope of
CR 34 in that it requests Ms. Markham to produce information held by a non-party.
REQUEST NO. 19: This Request for Production does not make sense.
Mr. Urie
Mr. Takahashi
November 18, 2013
Page 5
Ms. Markham specifically reserves the right to modify and supplement these objections
and responses. Ms. Markham assumes no obligation to supplement her responses beyond
those imposed by the Civil Rules, if any. By agreeing to search for documents
responsive to the Requests for Production, Ms. Markham does not represent that such
documents do in fact exist.
Ms. Markham has not completed her investigation into the subject matter of the action or
the underlying facts, evidence or allegations. This response is made to the best of her
current knowledge, information and belief. Ms. Markham makes no representation that
any responsive documents exist or will be produced. Ms. Markham reserves the right to
conduct additional investigation and to assert additional objections.
Subject to and without waiving the foregoing objections, Ms. Markham will produce
responsive documents by sending copies of the same addressed to counsel. Please
immediately confirm that neither Mr. Markham nor counsel on his behalf will be
appearing at Ms. Markhams home. If Mr. Markham or his agents appear, it will
be a violation of the criminal No Contact Order currently in effect and law
enforcement will be immediately contacted.
I am out of the office between November 25 and December 9. If I do not have
correspondence from you limiting the scope o f discovery prior to my return, then I will
be forced to seek a protective order on Ms. Markhams behalf. Please advise.
Yours truly,
Karma L. Zaike
KLZ:esr
Cc:
Client
EXHIBIT 5
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3
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5

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7
In re the Marriage of:
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TWILA MARKHAM
Petitioner,
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and
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12

Respondent.
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)
)
)
)
)
)
)
)
)
)
)
)
)
)
NO. 13-3-08383-7 SEA

PETITONERS SECOND SET OF
INTERROGATORIES AND
REQUESTS FOR PRODUCTION
OF DOCUMENTS PROPOUNDED
TO RESPONDENT
Date Propounded:
Due Date:
CR 37:
1/21/2014
2/20/2014
2/21/2014
at 10:00 a.m.
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TO:
GERANLD WAYNE MARKHAM, Respondent;
AND TO:
PHILIP C. TSAI and ANTHONY M. URIE, his attorneys:
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Interrogatories. In accordance with Rule 33 of the Civil Rules for Superior Court,
State of Washington, please do the following:
Answer each of the following interrogatories separately and fully, in writing, under
oath, unless there be an objection to an interrogatory, in which case state the reason for the
objection. The answers and objections, if any, to interrogatories must be served upon the
undersigned attorney within 30 days after the service of these interrogatories as provided in
Civil Rule 33. The following interrogatories are intended to be continuing in nature, and any
information which may be discovered by you subsequent to the service and filing of your
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25
INTERROGATORIES AND REQUESTS FOR

PRODUCTION - Page 1 of 35
LAW OFFICES____________________
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
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answers should be brought to the attention of the inquiring party, through supplemental
answers, within a reasonable time following discovery.
Requests for Production of Documents: In accordance with Rule 34 of the Civil Rules
for Superior Court, State of Washington, please do the following:
Produce and permit inspection and copying of the requested documents, records and
materials pursuant with Civil Rule 34. The designated documents shall include writings,
drawings, graphs, charts, photographs, phone records and other data compilations from which
information can be obtained, translated if necessary or otherwise reduced through detection
devises into reasonably usable form and shall be produced and made available for inspection
and duplication by the undersigned or someone acting on his behalf at 11300 Roosevelt Way
N.E., Third Floor, Seattle, Washington 98125, 30 days from receipt hereof.
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9
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13
The party upon whom these requests for production are served shall serve a written
response within 30 days after service of this request, except that a Respondent may serve a
response within 40 days after the service of the Petition upon that party. The response shall
state with respect to each item or category that inspection (or related activities) will be
performed as requested, or if the request is objected to, the reason for such objection. If
objection is made to part of an item or category, that particular part shall be specified in the
objection. The party submitting this request may move for an Order under Civil Rule 37(a)
with respect to any objection to or failure to respond to the request or any part thereof, or any
failure to permit inspection or related activities as requested.
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DEFINITIONS
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16
As used in these interrogatories, the following words and phrases shall have the
following meanings:
17
(a)
Person. The term person is meant to include any individual and any business
18
entity.
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(b)
Document. The term document is meant to include, without limiting its
generality, contracts, agreements, correspondence, telegrams, reports, records, schedules,
diaries, invoices, purchase orders, charts, notes, estimates, summaries, inventories, minutes of
meetings and memoranda regarding conferences or telephone conversations, and any and all
other written, printed, or typed matters of whatsoever kind or description. If any documents
are not identified because of any claimed privilege, state the nature of the privilege and the
number of documents that are not identified.
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23
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25

LAW OFFICES____________________
MICHAEL W. BUGNI & ASSOC., PLLC
SEATTLE, WA 98125
(206) 365-5500 . FACSIMILE (206) 363-8067
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2
3
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(c)
Identify. As used in these interrogatories, the term identify used in reference
to an individual person means to state his full name, present or last known address and
telephone number, his present or last known position and business affiliation, and his position
and business affiliation at the time in question. Identify when used in reference to a
document means to state the date and authority, type of document fe.g., letter, memorandum,
telegram, chart, etc.) or other appropriate means of identifying it, and its present location or
custodian. If any such document was but is no longer in your possession or subject to your
control, state what disposition was made of it.
NOTICE OF DISCOVERY CONFERENCE
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7
This discovery request has been submitted in the Superior Court pursuant to Local
Rule 37 (e). Please take note of the following:
8
If the Interrogatories set forth herein are not fully answered or documents
produced, then in that event, it shall be necessary to have a conference of
counsel or with the answering party if not represented by counsel pursuant to
Superior Court Local Rule 37 (e).
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11
Please be advised that a conference is hereby scheduled for February 21, 2014
at 10:00 a.m. at the offices of Michael W. Bugni & Associates, PLLC, for the
purposes of meeting and conferring with you as to why you have objected to or
failed to answer the Interrogatories set forth herein.
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13
14
TABLE OF CONTENTS
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I.
II.
III.
IV.
V.
GENERAL.......................................................................................................................3
EMPLOYMENT AND BUSINESS.............................................................................. 6
PROPERTY AND FINANCIAL INFORMATION....................................................13
MISCELLANEOUS..................................................................................................... 29
REQUEST FOR PRODUCTION OF DOCUMENTS............................................... 30
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INTERROGATORIES
I.
GENERAL
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23
INTERROGATORY NO. 1: Please state your:
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LAW OFFICES____________________
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
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2
a. Full name; and

b. Social security number.
ANSWER:
3
4
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6
INTERROGATORY NO. 2: Please state the date and place of your birth.
ANSWER:
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INTERROGATORY NO. 3: Please state your present street address.

ANSWER:
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13
INTERROGATORY NO. 4: How long have you resided at that address?

ANSWER:
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INTERROGATORY NO. 5: Please state the name and relationship to you of each person
residing with you at your present residence. With respect to each person listed, please state
the following:
a.
b.
c.
d.
e.
Age of each individual;

Occupation of each individual;
Monthly gross income of each individual;
The financial arrangement for any shared expenses; and
First date of shared residence with each individual.
ANSWER:
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PRODUCTION - Page 4 o f 35
LAW OFFICES
_______________
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
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2
INTERROGATORY NO.6: Please state the date and place of your marriage to your present
spouse.
ANSWER:
3
4
5
6
7
INTERROGATORY NQ.7: Prior to your marriage to your current spouse, did you live with
your spouse?______ Yes _____ No. If yes, please state:
a. Beginning and ending dates when you lived together;
b. Location of any and all shared residences; and
c. Arrangements for sharing of expenses.
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9
ANSWER:
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15
16
INTERROGATORY NO.8: Have you ever been married to anyone other than your current
spouse?_____Y es_____ No. If Yes, please state:
a.
b.
c.
d.
e.
Name of each prior spouse;

Last known address of each prior spouse;
Date and location of each prior marriage;
Date and means of termination of each prior marriage; and
Court and cause number of prior decreed of dissolution of marriage or divorce.
ANSWER:
17
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19
INTERROGATORY NQ.9: Please state in detail your educational background together with
any specialized or vocational training which you have received during your life.
20
ANSWER:
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LAW OFFICES____________________
SEATTLE, WA 98125
(206) 365-5500 . FACSIMILE (206) 363-8067
II.
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2
3
4
5
EMPLOYMENT AND BUSINESS
INTERROGATORY NO. 10: Please state whether you are presently employed (he.
employment, refers to any position you hold for which you receive compensation, including
salaried or hourly compensation, contract work, self-employment through a sole
proprietorship or partnership, or any other position for which you perform work in exchange
for any sort of compensation).
ANSWER:
6
7
INTERROGATORY NO. 11: If you are presently employed, please state the following:
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9
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11
a.
b.
c.
d.
e.
f.
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13
The name and address of your present employer;

The date you commenced employment;
Your job title position;
The description of your work or duties;
The name, address and position of your immediate supervisor; and
Your pay period (that is, whether you are paid monthly, weekly, every two weeks,
or twice per month).
ANSWER:
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15
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INTERROGATORY NO. 12: Please state whether you are compensated on the basis of a
salary, an hourly wage or other basis. If other basis, please describe in detail how your
earnings are determined.
ANSWER:
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INTERROGATORY NO. 13: With respect to your earnings from your present employment,
please state the following:
a. Your gross earnings from any employment source per month during each month
in the past twelve (12) month period providing distinct amounts for each of those
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25

LAW OFFICES____________________
M ic h a e l w . B ug ni & Assoc., pllc
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
1
2
twelve (12) months {Note: This question must he answered even if you have
provided income tax returns);
b. The number of hours per week that you normally work at the present time; and
c. The date or dates on which you receive your pay checks;
3
ANSWER:
4
5
6
7
8
9
10
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13
INTERROGATORY NO. 14: Do you own any interest in a corporation, business or other
enterprise? If so, please state:
a.
b.
c.
d.
e.
f.
The name of the corporation, business or enterprise;

The full and exact nature of your interest;
The date of acquisition of such interest;
Identify all other shareholders or other owners of each controlled business;
Names, addresses and titles of officers and directors of said corporation; and
Name and address of corporate accountant and attorneys.
ANSWER:
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15
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18
INTERROGATORY NO. 15: Are you an officer or director of any coiporation? If so, please
state the name of the corporation, the date you acquired the position, and the present term of
the position.
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20
ANSWER:
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in t e r r o g a t o r ie s a n d r e q u e s t s f o r
LAW OFFICES____________________
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
1
2
INTERROGATORY NO. 16: Please state the number of hours that you have worked and
your total gross earnings for each month during the past year. If you have worked, but not
been paid by the hour, please state the number of hours worked and the amount you expect to
be paid or have requested to be paid.
3
ANSWER:
4
5
6
7
8
9
10
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12
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Month
Earnings
Hours
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
$
$
$
$
$
$
$
$
$
$
$
$
INTERROGATORY NO. 17: Please state the amount deducted from your gross salary per
pay period for each of the following at the present time:
a.
b.
c.
d.
e.
f.
g.
h,
i.
jk.
Federal Income Tax

Social Security
Retirement Contributions
Union Dues or Assessments
Credit Union Payments
Charitable Contributions
Savings Plans (including Savings Bonds)
Profit Sharing
Stock Purchase
Wage Assignment
Other (specify)
$
$
$
$
$
$
$
$
$
$
$
INTERROGATORY NO. 18: Please state your present monthly net income after taking into
account the above-indicated deductions from gross income:
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LAW OFFICES____________________
SEATTLE, WA 98125
(206) 365-5500 . FACSIMILE (205) 363-8067
ANSWER:
2
3
INTERROGATORY NO. 19: Please state whether you have engaged in any part-time
employment in addition to your regular occupation during the past year.
4
5
6
7
8
9
10
11
12
13
ANSWER:
INTERROGATORY NO. 20: If the answer to the preceding interrogatory is in the

affirmative, please state the following:
a.
b.
c.
d.
e.
The names and addresses of each employer for whom you have worked;
The type o f work performed;
The rate of pay received for your services;
Average gross monthly and net monthly income from such employment;
The total number of hours or dates you were so employed during the past six (6)
months; and
f. Whether you are still engaged in such part-time employment.
ANSWER:
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15
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17
INTERROGATORY NO. 21: Please list and describe your present employment benefits,
which fall into the following categories:
a. Life Insurance:
i.
Name of Insurer:
______________________________
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ii. Face amount of policy:

iii. Amount of premiums or payments
made by you per month:
iv. Beneficiaries for each policy:
$.
$.
_____________ _____
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b. Hospital, medical and dental insurance:

i.
Type of insurance:
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LAW OFFICES____________________
SEATTLE, WA 98125
(206) 365-5500 . FACSIMILE (206) 363-8067
ii.
Name of insurer:
iii. Amount of monthly premiums:

iv. Names of dependents covered:
$.
________________
3
4
INTERROGATORY NO. 22: What charge is imposed by your employer or insurance

company for medical coverage for each member of your family? Please identify the amounts
paid by your employer and the amounts paid by you for each of the following:
ANSWER:
Medical
Yourself:
Spouse:
Any Other Dependent:
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Dental
13
INTERROGATORY NO. 23: What other types of insurance coverage or benefits are in
effect for your family and/or other dependents (such as insurance available from your spouse
or your spouses employer)? Describe the nature of this coverage, the cost per person, and
identify what portion (if any) is paid by the insureds employer.
14
ANSWER:
12
15
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17
INTERROGATORY NO. 24: With regard to any hospital, medical, dental and vision
insurance benefits that you receive or have received during the past year, or are entitled to
receive as a result of your present employment, please state:
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19
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23
a.
b.
c.
d.
The name(s) of each insured;

The name of the insurer;
The names o f the beneficiaries;
The cost of, and who pays the premiums (if not previously furnished in response to
previous questions);
e. Whether the policy has lapsed, or has been canceled for any person, and if so,
when;
f. Whether the beneficiaries have been changed within the last year, and if so, what
change occurred; and
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LAW OFFICES____________________
M ic h a e l w . B u g n i & Assoc., pllc
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
1
2
g. The identity of the custodian and the current location of the policy and related
documents, or of employment benefit brochures that reference that insurance.
ANSWER:
3
4
5
6
INTERROGATORY NO. 25: Are you presently retired, otherwise unemployed or receiving
social security benefits or any other retirement benefits of any type?
ANSWER:
7
8
9
10
11
12
13
14
INTERROGATORY NO. 26: If the answer to the preceding interrogatory is yes, please state
the following:
a. The reason for your unemployment or receipt of social security benefits;
b. Date you were last employed;
c. Whether you have made any efforts or attempts to obtain employment since the
date you last worked providing a description of any such efforts or an explanation
of why no efforts have been made; and
d. The amounts of all pension, retirement, unemployment compensation and social
security payments received by you each year (or month) since you were last
employed.
15
16
ANSWER:
17
18
INTERROGATORY NO. 27: Have you received any income from any source not disclosed
in your answers to the foregoing interrogatories within the past two (2) years?
19
20
ANSWER:
21
22
INTERROGATORY NO, 28: If the answer to the preceding interrogatory is yes, with respect
to each source, please state:
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LAW OFFICES
_________________
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8087
1
2
3
4
a. Description of the source;

b. The amount received in each of last three (3) years and in current year;
c. Whether there are any payments due or expected from this source at the present
time; and
d. The amount of any payments due or expected at the present time and due date.
ANSWER:
5
6
7
INTERROGATORY NO. 29: Please list year-by-year your gross annual income for each of
the past five (5) years.
ANSWER:
9
10
11
INTERROGATORY NO. 30: Please list year-by-year your annual taxable income for each of
the past five (5) years.
12
ANSWER:
13
14
15
INTERROGATORY NO. 31: At the present time, do you have an interest of any kind in a
retirement or pension plan?
16
ANSWER:
17
18
19
20
21
22
23
INTERROGATORY NO. 32: If your answer to the preceding interrogatory is yes, with
respect to each such plan, state the following:
a.
b.
c.
d.
e.
f.
Name or description of the plan;

Name and address o f the custodian of the funding for the plan;
Name of the employer (or other entity) contributing to the plan;
Total amount of your contributions to the fund to date;
Total amount of employer (or other entity) contributions to the fund to date;
Present balance of your interest in the fund;
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25

LAW OFFICES____________________
M ic h a e l w . B ugni & Assoc., pllc
11300 ROOSEVELT WAV NORTHEAST
SEATTLE. WA 98125
(206) 365-5500 . FACSIMILE (206) 363-8067
1
2
g.
Date you are entitled to receive retirement or pension benefits;
h. Amount of benefits receivable per month upon retirement; and
i. Amount of funds available to you and the manner in which you could obtain such
funds prior to retirement.
3
ANSWER:
4
5
6
7
8
9
10
11
12
13
INTERROGATORY NO. 33: Please provide the following additional information to assist in
evaluating your retirement benefits:
a.
b.
c.
d.
e.
Your date of birth;

The date your employment commenced with your present employer;
The date your present marriage commenced;
The date of your separation, if any, from your spouse;
The date that you began participating in the retirement plan listed above.
ANSWER:
14
III.
PROPERTY AND FINANCIAL INFORMATION
15
16
17
INTERROGATORY NO. 34: Please state whether you have prepared (or had prepared for
you) any financial statements, financial affidavits, financial certificates, financial declarations,
credit applications or loan applications during the past three (3) years. If so, with respect to
each such statement provide the following information:
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19
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22
a.
b.
c.
d.
e.
Date of preparation;
Purpose;
Preparer;
Person/entity for whom prepared; and
Person(s)/entity(ies) having copies of statement.
ANSWER:
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25

LAW OFFICES____________________
M ic h a e l w . B ugni & Assoc., pllc
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
1
2
INTERROGATORY NO. 35: Do you anticipate any income tax refunds within the next
year? _____Yes _____ No. If so, state the year for which you expect a refund and the
amount.
3
ANSWER:
4
5
6
7
INTERROGATORY NO. 36: Have you executed or otherwise entered into a community
property agreement during your present marriage or have you executed or otherwise entered
into a prenuptial agreement prior to or during the course of your present marriage? If so, with
respect to such agreement, provide the following information:
8
9
10
a.
b.
c.
d.
Type o f agreement;
Date executed;
Location of original; and
Preparer.
11
12
ANSWER:
13
14
15
16
17
18
19
20
21
22
23
INTERROGATORY NO. 37: From the date of your marriage to the present or during the
past three (3) years, whichever period is shorter, have you had any savings, checking, money
market, or credit union or other financial accounts with any bank, financial institution or
employer in either your name alone or in your name with some other person or persons
(including your spouse)? If so, with respect to each such account, provide the following
information:
a. Name and address of bank, financial institution, or employer at which the
account(s) is/are maintained;
b. Type o f account(s);
c. Date account(s) opened;
d. Date account(s) closed (if not still open);
e. Present balance (or balance at closing, if closed);
f. Persons authorized to draw on account; and
g. Account number(s).
ANSWER:
24
25

LAW OFFICES____________________
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
1
2
3
4
5
6
7
B
INTERROGATORY NO. 38: Have you, or any persons on your behalf made any
withdrawals in excess of $1000 from any of the accounts listed in the preceding interrogatory
during the past twelve (12) months? If so, with respect to each such withdrawal provide the
following information:
a.
b.
c.
d.
Date of withdrawal;
Amount of withdrawal;
Reason for withdrawal; and
Account involved.
ANSWER:
9
10
11
12
13
INTERROGATORY NO. 39: Do you have any interest in profit sharing plans, annuity plans,
savings plans or other investment plans through your employment or otherwise? If so,
provide the following information:
14
15
16
17
a.
b.
c.
d.
Describe each such plan/investment;

Your investment to date in each such plan/investment;
Terms of each such plan; and
Your estimate of present value of each such plan/investment.
ANSWER:
18
19
20
21
INTERROGATORY NO. 40: From the date of your marriage to the present, have there ever
been any savings or checking accounts into which you deposited or from which you withdrew
funds that your name did not appear on? If so, please describe any such account, the reason
for the deposits/withdrawals and the current status of any such accounts.
22
ANSWER:
23
24
25

LAW OFFICES____________________
SEATTLE, WA 98125
(206) 365-5500 * FACSIMILE (206) 363-8067
1
2
3
INTERROGATORY NO. 41: Do you presently have any money, documents or other items
of property in a safe deposit box, vault, safe or other place of deposit (including your
residence) for safekeeping? If so, with respect to each such deposit, provide the following
information:
4
5
6
7
8
a. Name and address of the place of deposit or safekeeping;

b. The number of other means of identification of the deposit;
c. A complete itemization of the property which is so deposited or in a safekeeping;
and
d. Names of persons having access to the property so deposited or in safekeeping.
ANSWER:
9
10
11
12
13
14
15
16
17
18
19
20
21
INTERROGATORY NO. 42: Do you own or have any beneficial interest in any partnership,
whether general or limited, joint tenancy, tenancy in common, joint venture, association, or
any other non-corporate entity (hereinafter referred to as partnership)? If so, for each such
partnership, describe:
a. The name of the partnership;
b. Identify all individuals, forms, enterprises or corporations who have an interest in
such partnership;
c. Your percentage interest in such partnership and the date you acquired any interest
in such partnership;
d. All assets of every kind in nature of each such partnership, and the present market
value o f each asset described;
e. Your estimate of the total market value of each partnership;
f. The nature and extent of each partnership business;
g. The date and place o f formation and commencement of each partnership;
h. Your positions, duties and obligations regarding each partnerships business;
i. List all debts and obligations of each such partnership; and
j. Name and address of each custodian of business records.
ANSWER:
22
23
24
25

LAW OFFICES____________________
SEATTLE, WA 9S125
(206) 365-5500 . FACSIMILE (206) 363-8067
INTERROGATORY NO. 43: In the past two (2) years, if you have at any time sold or
conveyed your interest in a business, please describe the terms of sale, the purchaser and
attach a copy of the conveyance document with your answers to these interrogatories.
ANSWER:
4
5
6
INTERROGATORY NO. 44: From the date of your marriage to the present, have you
purchased any securities, stocks, bonds, debentures, contracts, mortgages, limited partnerships
or certificates of deposit? If so, for each such purchase provide the following information:
7
8
9
10
11
a.
b.
c.
d.
e.
Item;
Purchase date;
Purchase price;
Broker; and
Approximate present value.
ANSWER:
12
13
14
15
16
17
18
INTERROGATORY NO. 45: With respect to any item described in response to the
preceding interrogatory that you no longer own, provide the following information:
a.
b.
c.
d.
Item;
Disposition of item;
Date of disposition; and
Sale price of arrangement.
ANSWER:
19
20
21
22
23
INTERROGATORY NO. 46: Do you presently or have you during the past twelve months
participated in any savings program, investment plans, or otherwise made or maintained
investments of any kind (including items such as certificates of deposit)? If so, provide the
following information to the extent that you have not previously:
a. Identify each such plan, program or investment;
24
25

LAW OFFICES__________________ _
M ic h a e l W . B u g n i & Assoc., pllc
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
1
2
3
4
5
b. Identify your present holdings or interest in each such plan, program or

investment;
c. State the approximate present value o f each such holding or interest;
d. Describe and identify any withdrawals made from or encumbrances created
against such holdings or interest during the past twelve months; and
e. Identify the person or persons who have possession of records regarding each such
plan, program or investment.
ANSWER:
6
7
8
9
10
11
12
INTERROGATORY NO. 47: Are you presently receiving, or entitled to receive, any income
or other benefits from sources other than your primary employment? If so, please provide the
a. Source;
b. Benefits or income; and
c. Name and address of person or entity providing.
ANSWER:
13
14
15
INTERROGATORY NO. 48: Have you any present interest under any Will or trust? If so,
identify and state what and how much your interest is.
16
ANSWER:
17
18
19
INTERROGATORY NO. 49: Do you expect any inheritance from any person in the future?
If so, identify person(s) by name and address.
20
ANSWER:
21
22
23
24
25

LAW OFFICES____________________
SEATTLE, WA 98125
(206) 366-5500 FACSIMILE (206) 363-8067
1
2
3
4
5
6
INTERROGATORY NO. 50: From the date of your marriage to the present, have you
received any money or property as a gift or inheritance having a value in your judgment of
over $1000? If so, for each gift or inheritance, indicate the following:
a.
b.
c.
d.
e.
Description of your gift or inheritance;

Date of receipt;
Source;
What has become of the gift or inheritance; and
Estimate of present value of your interest.
ANSWER:
7
8
9
10
INTERROGATORY NO. 51: Do you own any personal property (including cash) not
previously disclosed in answer to these interrogatories, other than your personal clothing,
which has a value in excess of $1000? If so, please indicate with respect to each such item of
property, the following:
11
12
13
a.
b.
c.
d.
Description of item;
Estimate of value;
Location; and
Amount owed, if any.
14
ANSWER:
15
16
17
INTERROGATORY NO. 52: Does anyone owe you any money whether presently due or
not? If so, with respect to each such obligation, indicate the following:
18
19
20
21
22
23
a.
b.
c.
d.
e.
f.
g.
Name and address of debtor;

Amount owed and terms of obligation;
Date debt or obligation incurred;
Payment or installment due dates;
Reason obligation created and consideration for same;
Security given for obligation; and
Any conditions or contingencies affecting payment.
ANSWER:
24
25

LAW OFFICES_____________________
M ic h a e l
W. B ugni & Assoc., pllc

SEATTLE. WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
INTERROGATORY NO. 53: Do you own or have you at any time during your marriage had
an ownership interest, including but not limited to a fee simple or life estate, in real property
(that is, land, buildings or other structures affixed to land)? If so, with respect to each such
interest, provide the following information:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
Address and description of all interests presently owned;

Address and description of all interests previously owned;
How interest/title was acquired;
Date interest/title was acquired;
Name and address of seller or transferor of interest/title;
Name and address of each present owner of property and respective ownership
interest of each owner;
Present location o f deed or other document evidencing ownership;
Original cost of property to you;
Purchase terms;
Amount of down payment and amount financed;
Financing arrangements;
Amount you owe on property;
Name and address of purchaser, purchase price and purchase date of any property
previously owned; and
Disposition of proceeds from sale of any property previously owned.
ANSWER:
16
17
18
INTERROGATORY NO. 54: Are there any encumbrances against any real property owned
by you? If so, provide the following information:
19
20
21
a.
b.
c.
d.
Describe encumbered property;

Balance due and owing;
Interest rate; and
Payment arrangements.
22
ANSWER:
23
24
25

LAW OFFICES_____________________
M ic h a e l
W. B ugni & Assoc., pllc

SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
1
2
3
INTERROGATORY NO. 55: If you claim that any real property in which you have an
ownership interest, including but not limited to a fee simple or life estate, is not community
property (that is, jointly owned by yourself and your present spouse), answer the following
questions:
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
a. Identify each interest in real property which you claim is not community property
in whole or in part;
b. Identify the source of any down payment money that was paid for each real
property interest that you claim is not community property;
c. Identify the source of any monthly mortgage or contract payments made since the
acquisition of the real property interest which you claim is not community;
d. If you have incurred expenses for real estate properly taxes or insurance with
respect to the real property interest which you claim is not community, state the
total amount of such payments that have been made and the source of the funds
that were used to make such payments;
e. Describe any repairs or improvements to the real property which you claim is not
community which repairs or improvements were made during your marriage (to
the extent such repairs or improvements had a value in excess of $250 and provide
the date, cost and the person or company who performed each such repair or
improvement;
f. Describe the source of any funds that were used to pay for the repairs or
improvements listed in the preceding subparagraph;
g. List any other expenses incurred or payments made with respect to the real
property which you claim is not community property and with respect to such
expenses or payments state the amount, the date made and the source of the funds;
and
h. With respect to any payments made to acquire, maintain or improve real property
which you claim is not community property in whole or in part which payments
were made by check, as opposed to cash, identify the bank, bank branch, account
number and identify the account upon which the check was drawn.
19
20
ANSWER:
21
22
23
24
25

LAW OFFICES_____________________
M ic h a e l
w. B ugni & Assoc., pllc

SEATTLE, WA 98125
(206) 365-5500 . FACSIMILE (206) 363-8067
1
2
INTERROGATORY NO. 56: Please list your average monthly expenses in detail utilizing
the following categories:
ANSWER:
3
4
5
6
7
8
9
a.
b.
c.
d.
e.
f.
g.
h.
i.
.]'
k.
Rent
Contract/Mortgage payments
Utilities
Telephone
Food
Clothing
Automobile operation
Automobile repairs/insurance
Medical/dental care
Education
Insurance
Specify tvpe:
$
$
$
$
$
$
$
$
$
$
$
1.
Other regular expenses

Specify nature of expenses:
10
11
12
13
Total average monthly expenses
14
15
16
17
18
19
INTERROGATORY NO. 57: Do your living expenses listed in response to the preceding
interrogatory include the support of any person other than yourself? If so, provide the
a. Name of person(s) being supported;
b. Place of residence of such person(s); and
c. Amount or proportion of total living expense attributable to such person(s).
ANSWER:
20
21
22
INTERROGATORY NO. 58: What is your total average monthly income from all sources?
ANSWER:
23
24
25

LAW OFFICES_____________________
M ic h a e l
W. B ug ni & Assoc.,

SEATTLE, WA 98125
(206) 365-5500 . FACSIMILE (206) 363-8067
pllc
1
2
INTERROGATORY NO. 59: Do you claim any personal or real property you have interest
in is your separate property? If so, provided the following information with respect to each
item of property:
3
4
5
6
7
a.
b.
c.
d.
e.
Identify property;
Exact or approximate date property acquired;
Name and address of person or identity from whom property acquired;
Purchase price;
Terms of purchase (whether all cash or on an extended basis, and the terms of the
extended payment plan);
f. Source o f funds used to purchase and make payments; and
g. Was your spouse obligated to pay or sign for credit?
8
9
ANSWER:
10
11
12
13
14
15
16
17
18
19
20
INTERROGATORY NO. 60: Has any person appraised any of your real or personal property
during the past five (5) years? If so, provide the following information:
a.
b.
c.
d.
e.
Property appraised;
Date of appraisal;
Name and address of appraiser;
Appraised value; and
Who has copies of the appraisal.
ANSWER:
21
22
23
24
25

LAW OFFICES____________________
M ic h a e l W . B ugni & Assoc., pllc
SEATTLE, WA 98125
(206) 365-5500 . FACSIMILE (206) 363-8067
1
2
3
4
5
INTERROGATORY NO. 61: Do you belong to any clubs, organizations, societies or

associations? If so, provide the following information:
a. Name of each;
b. Dues and feeds payable annually for each; and
c. Date you joined each.
ANSWER:
6
7
8
9
10
11
12
INTERROGATORY NO-62: Have you loaned or gifted any money or property to anyone
during the past 24 months? If so, please indicate the following:
a.
b.
c.
d.
Reason for loan or gift;

Recipients name and address;
Date of loan or gift; and
Amount of value of loan/gift.
ANSWER:
13
14
15
16
17
18
19
20
INTERROGATORY NO. 63: During the past twenty-four (24) months have you transferred
any property in which you had an interest to a third party without receiving full fair market
value as consideration for the transfer? If so, please indicate the following:
a.
b.
c.
d.
e.
Describe the property involved;

Name and address of person to whom transferred;
Consideration received for transfer;
Date of transfer; and
Reason for transfer.
ANSWER:
21
22
23
24
25

LAW OFFICES____________________
SEATTLE, WA 98125
(206) 365-5500 e FACSIMILE (206) 363-8067
1
2
INTERROGATORY NO. 64: Subsequent to the date of your separation, have you disposed
of any property by sale or gift, having in your estimation a value greater than $1000, or have
you changed the location of any monies or funds or other liquid assets having a value greater
than $1000? If so, please provide the following information:
3
4
5
6
a. Describe the property disposed of or the assets relocated;

b. Please indicate the reason for each disposition or change of location;
c. With respect to relocated assets, indicate the original location of same and the new
location of same; and
d. Provide your best estimate of the value of the property that was disposed of or the
assets that were relocated.
7
ANSWER:
8
9
10
11
12
13
INTERROGATORY NO. 65: Do you have, at the present time, or have you incurred at any
time within the past 12 months, any debts (including charge accounts, mortgages, contract
obligations, obligations on promissory notes, or purchase contract obligations)? If so, please
list each such debt or obligation in the following blanks and provide the information requested
in each column:
ANSWER:
14
15
Nature of
Debt/Obligation
Date
Incurred
Present Amount
Owing
Creditors Name/Address
16
17
18
19
20
21
22
23
24
25

LAW OFFICES____________________
M ic h a e l W. B u g n i & Assoc., pllc
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
1
2
INTERROGATORY NO. 66: With respect to each debt or obligation listed in response to the
previous interrogatory, please provide the following additional information, answering in the
same order the debt/obligations as listed above:
3
4
5
6
a.
b.
c.
d.
The consideration received for each debt/obligation;

The amount of the original obligation;
The terms of payment for the debt/obligation; and
Indicate if any of the debt/obligations are your separate debt/obligations.
ANSWER:
7
8
9
10
INTERROGATORY NO.67: Is any property presently being held in escrow by you or for
you? If so, please provide the following information with respect to each such escrow:
11
12
13
14
a. Name and address of escrow agent;

b. Describe escrowed property; and
c. Reason for and terms of escrow.
ANSWER:
15
16
18
INTERROGATORY NO. 68: Are you presently holding any property for the benefit of
another person in trust or otherwise? If so, with respect to each such item of property,
indicate the nature of the property, its value, the name of the beneficial owner, the terms
under which you were holding the property and your relationship to the beneficial owner.
19
ANSWER:
17
20
21
22
23
INTERROGATORY NO. 69: Is any person or entity holding property in trust for you? If
so, with respect to all such property, provide the name and address of the holder, a
description of the property, the terms under which the property is being held and the value of
the property.
24
25

LAW OFFICES____________________
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
ANSWER:
2
3
4
5
6
7
8
9
10
11
12
13
INTERROGATORY NO. 70: Do you presently own or have an interest in any life insurance
or annuity policies? If so, with respect to each such policy, provide the following
information:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
14
l.
15
m.
16
Type o f policy (that is, term, whole life, etc.);

The face value of the policy;
The name and address of the insurance company issuing the policy;
The policy number;
The date the policy was issued;
The annual premium payable;
State whether the premium payments are current and, if not, please indicate which
policy(ies) is/are not current and the arrearage with respect to premiums;
Name the owner(s) of the policy;
Name the beneficiary of the policy;
List any changes of beneficiary that have occurred during the past year on the
policy;
If any of the policies have been assigned or pledged or used as security of any
sort, please describe these arrangements in detail;
Please list any loans that have been made on any of the policies together with the
date of the loan(s) and whether the loan has been repaid; and
State the present cash surrender value of the policy.
ANSWER:
17
18
19
20
21
22
23
INTERROGATORY NO. 71: Do you have any insurance coverage not listed in answer to
the previous interrogatories? If so, with respect to each such policy, provide the following
information:
a.
b.
c.
d.
e.
The name and address of the insurance company;

Type and amount of coverage;
The effective date of the policy;
The number of the policy; and
Annual premium payable on the policy.
24
25

LAW OFFICES____________________
SEATTLE, WA 98125
(206) 365=5500 * FACSIMILE (206) 353-8067
ANSWER:
2
3
4
5
6
7
8
9
10
INTERROGATORY NO. 72: Has anyone during the past three (3) years provided you with
tax advice, provided accounting services for you, assisted you in preparing any financial
statements, kept financial books or records for you, or provided you with professional
financial counseling? If so, please list each such person below and provide the following
information:
a.
b.
c.
d.
e.
Address and telephone number;

Type of service rendered;
Dates or period during which services were rendered;
Names of taxpayer(s) affected by the tax advice or accounting services;
Amounts paid for services, broken down by debt incurred per month..
ANSWER:
11
12
13
INTERROGATORY NO. 73: With respect to each of the persons listed in answer to the
previous interrogatory, please provide the following additional information:
14
15
16
17
a. State whether you are presently utilizing the services of the individual; and
b. List all records relevant to your finances and assets that are presently in the
possession of each of the named individuals.
ANSWER:
18
19
20
22
INTERROGATORY NO. 74: With respect to all vehicles (automobiles, motorcycles, boats,
aircraft, etc.) in which you or your present spouse have an interest, provide the following
information:
23
a. The manufacturer, year, make, model and license number of the vehicle;
21
24
25

LAW OFFICES____________________
M ic h a el W. B ugni & Assoc., pllc
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
1
2
3
4
5
6
b.
c.
d.
e.
f.
g.
h.
i.
Any special features of each;

The mileage of all automobiles, trucks and motorcycles at the present time;
The date and manner of acquisition;
The cost and value at date of acquisition;
The present fair market value;
The holder of, and amount of, any lien against each;
Name and address of the legal and registered owner(s); and
The identity of the custodian and the current location of all documents referencing
ownership of and indebtedness against each vehicle.
ANSWER:
7
8
9
10
11
12
13
INTERROGATORY NO. 75: Do you own or have an interest in any property, assets,
investments, property interests or holdings of any kind not otherwise fully described in your
previous interrogatory answers? If so, please fully describe the same.
ANSWER:
14
15
16
17
IV.
MISCELLANEOUS
INTERROGATORY NO. 76: Do you own or have you purchased a state or federal fishing
license at any time within the past five (5) years. If so, please state the amount and evidence
that you received agreement from the other party for said purchase(s).
18
ANSWER:
19
20
21
INTERROGATORY NO. 77: Do you intend to ask the court to award you more than 50%
of the net value o f the marital estate? If yes, please state each fact you rely upon to support
your belief.
22
ANSWER:
23
24
25

LAW OFFICES____________________
MICHAEL W. BUGNI & ASSOC, PLLC
SEATTLE, WA 9B125
(206) 365-5500 FACSIMILE (206) 363-8067
1
2
INTERROGATORY NO. 78: With regard to any expert witnesses that you intend to call at
the trial of this action, provide the following information:
3
4
5
6
a.
b.
c.
d.
e.
f.
Name, address and telephone number;

Occupational and professional training of expert;
Subject matter on which the expert will be testifying;
Substance of the facts to which the expert is expected to testify;
The opinions to which the expert is expected to testify; and
The summary of the grounds and basis for the opinion.
7
ANSWER:
8
9
10
V.
REQUEST FOR PRODUCTION OF DOCUMENTS
11
12
13
REQUEST FOR PRODUCTION NO. 1: Pursuant to Civil Rule 34 and instructions at the
beginning of these interrogatories and requests, please produce any and all copies of the final
Decree terminating any previous marriages and any separation or settlement agreement in
connection therewith.
14
RESPONSE:
15
16
18
REQUEST FOR PRODUCTION NO. 2: Pursuant to Civil Rule 34 and the instructions at the
beginning of these requests, please produce any and all copies of any support orders currently
in effect.
19
RESPONSE:
17
20
21
22
23
beginning of these requests, please produce legible copies of documentation regarding any
mandatory contributions or pay deductions for any of your retirement plans, pension plans,
investment programs or deferred compensation benefit programs.
24
25

LAW OFFICES____________________
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
RESPONSE:
2
3
4
beginning of these requests, please produce legible copies of all documentary evidence
supporting your interest in assets acquired prior to the date of marriage or after separation
which are now in your spouses name or control.
RESPONSE:
8
9
10
11
12
13
beginning o f these requests, please produce legible copies of all documentary or physical
evidence supporting your contention that you are entitled to receive more than 50% of the net
value of the marital estate.
RESPONSE:
14
15
16
17
REQUEST FOR PRODUCTION NO. 6: Pursuant to Rule Civil 34 and the instructions at
the beginning of these requests, it is requested that you produce legible copies of each and
every financial statement, financial affidavit, financial certificate, financial declaration, credit
application or loan application referred to in your answers to interrogatories.
18
RESPONSE:
19
20
21
22
23
beginning of these requests, please produce the following: Copies of all monthly statements fo
all debts prepared by any creditor for each account listed in your answers to interrogatories for
the preceding twelve (12) months.
24
25

LAW OFFICES____________________
SEATTLE, WA 98125
(200) 365-5500 FACSIMILE (206) 363-8087
RESPONSE:
2
3
4
5
6
REQUEST FOR PRODUCTION NO. 8: Pursuant to Civil Rule 34 and the instructions at
the beginning of these requests, please produce legible copies of all documentation relating
to payments or delivery o f assets to your spouse after the date of separation.
RESPONSE:
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
the beginning of these requests, please produce the following, if you have not already done
so:
a. Legible copies of all income tax returns filed by you or on your behalf for the
last three (3) years, including, but not limited to, personal, corporate,
partnership or other such returns;
b. Legible copies of your W-2 forms for the last three (3) tax years;
c. Original or legible copies of your six (6) most recent pay stubs or salary
statements, as the case may be;
d. The most current statement that you have access to of accrued benefits in
connection with your retirement plan(s);
e. Legible copies of originals of any and all brochures, contracts, or other
explanatory documents regarding any retirement benefits to which you are
entitled or will become entitled to;
f. All documents or records regarding any savings or investment plans that you are
participating in at the present time which have been prepared for or received by
you during the past 12 months;
g. All check or savings registers in your possession or to which you have access
which relate to any checking or savings accounts into which you have deposited
or from which you have withdrawn funds during the past 12 months with such
registers to cover the most recent 12-month period;
h. All monthly statements and canceled checks in your possession or to which you
have access which relate to any checking, savings or credit union accounts into
which you have deposited or from which you have withdrawn funds during the
past 12 months covering the most recent 12-month period;
i. All passbooks, monthly, quarterly and annual statements, deposit slips and other
records from any savings accounts into which you have deposited funds or from
which you have withdrawn funds during the past eight (8) months;
24
25

LAW OFFICES____________________
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
1
2
3
4
5
6
j.
Copies or originals of all savings bond certificates together with any other
records in your possession or to which you have access regarding savings bonds
that you presently have an interest in;
k. All ledgers, records, monthly statements, or annual statements prepared or kept
with respect to any credit union loan accounts during the past 12 months which
accounts are currently outstanding; and
l. Originals or legible copies of any life insurance policies that have or will have a
cash surrender value.
RESPONSE:
7
8
9
10
11
12
13
REQUEST FOR PRODUCTION NO. 10: Pursuant to Civil Rule 34, and the instructions
at the beginning of these requests, please produce the following:
a. The original or a legible copy of any community property agreement or
prenuptial agreement entered into between yourself and your spouse;
b. Original or legible copies of all appraisals prepared with respect to any separate
or community property during the past five (5) years;
c. Any and all documentary evidence that the terms of the community property
agreement or prenuptial agreement were adhered to during the marriage with
full knowledge and agreement by each spouse.
14
RESPONSE:
15
16
19
the beginning of these requests, please produce copies of any written or recorded
statements that you have obtained from any persons having knowledge of relevant facts
concerning the issues in this proceeding or from any experts whom you intend to call at the
time of trial.
20
RESPONSE:
17
18
21
22
23
the beginning of these requests, please produce legible copies of all documentary evidence
regarding any state or fishing license purchased by you or for which you provided funds
within the past five (5) years.
24
25

LAW OFFICES____________________
M ic h a e l W. B ugni & A s s o c , pllc
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
RESPONSE:
2
3
4
5
the beginning of these requests, please produce legible copies of all documentary evidence
supporting your request to obtain a senior property tax exemption on any residence in your
name.
6
7
8
9
10
DATED: January 21, 2014

KARMA L. ZAIKE, WSBA #31037
Attorney for Petitioner
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

LAW OFFICES____________________
SEATTLE, WA 98125
(206) 365-5500 . FACSIMILE (206) 363-8067
, 2014.
ANSWERS SUBMITTED:
2
3
4
PHILIP C. TSAI, WSBA #27632

ANTHONY M. URIE, WSBA #11711
Attorneys for Respondent
5
6
7
STATE OF WASHINGTON
8
9
10
11
12
13
COUNTY OF KING
)
) ss.
)
GERALD WAYNE MARKHAM, being first duly sworn, on oath, deposes and says:
That I am the Respondent herein, and I am qualified to answer the within and
foregoing interrogatories; that I have read the within interrogatories, know the answers
thereto and believe the same to be true and accurate to the best of my knowledge,
information and belief.
14
15
16
17
SUBSCRIBED AND SWORN TO before me th is____day o f_________ , 2014.
18
19
Notarys Printed Name:

NOTARY PUBLIC in and for the STATE OF
WASHINGTON, residing a t____________
My commission expires:________________
20
21
22
23
24
25

LAW OFFICES
_______________
M ic h a e l W. B ugni & Assoc, pllc
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067
EXHIBIT 6
From: Karma Zaike

Sent: Monday, February 10, 2014 12:51 PM
To: Philip C. Tsai
Cc: anthonvurie@gmail.com: Erika S. Reichley; Kerry Bowers
Subject: Markham: Discovery matters need attention
Phil,
You have not responded to my proposal to hire joint appraisers for many o f the parties
assets. As such, Ms. Markham is moving forward with her own appraisals. The following
appraisers need access to items:
1. Friday Harbor house: Ms. Procaccini, 360-378-5474;
2. Boat: Pinnacle 877-988-9911; and
3. Aircraft: Paul Quinn, 206-719-7199.
Please state how your client would like to arrange immediate access to each o f these items for
appraisal.
Additionally, on January 21, 2014, your client was served with financial interrogatories. A
discovery conference is scheduled for February 21, 2014 at 10:00 a.m. Please confirm whether
your client is going to be able to fully respond to the discovery questions or whether a discovery
conference will be necessary. If the latter, please advise as to the specific interrogatory questions
on which your client will need an extension, the reason and the expected date o f completion.
Thank you,
Karma Zaike
EXHIBIT 7
On Feb 19, 2014, at 7:04 PM, Karma Zaike <karma@lawgate.net> wrote:

Phil,
You did not respond to my inquiry 10 days ago regarding Mr. M arkhams ability to comply with
discovery deadlines. This con firms the discovery conference scheduled for February 21, 2014 at
10:00 a.m. if your client has not provided full and complete interrogatory answers.
Additionally, we need access to the boats and aircraft as requested below. Those scheduling
issues will also be addressed at the February 21, 2014 discovery conference.
Thank you,
Karma Zaike
EXHIBIT 8
From: Philip C. Tsai [ mailto:phil@tlclawco.coml

Sent: Wednesday, February 19, 2014 7:18 PM
To: Karma Zaike
Cc: Erika S. Reichley; Kerry Bowers
Subject: Re: Markham: Confirming discovery conference
Karma,
Pursuant to my calculation, Mr. Markham's responses are not due until February 24, 2014. Also, I am
not available on Friday at 10:00 am fo r a premature discovery conference. I have to discuss the status of
the answers to your discovery requests with Mr. Markham before any such conference and will let you
know on Monday when I am available to do so.
Very truly yours,
Philip C. Tsai
Attorney at Law
Tsai Law Company, PLLC
2101 Fourth Avenue, Suite 1560
Seattle, WA 98121
Phone: 206-728-8000
Fax: 206-728-6869
Visit our website: www.TLCIawco.com
This E-mail is covered by the Electronic Communications Privacy Act, 18 USC Sections 2510-2521 and is
legally privileged. This information is confidential and is intended only for the use o f the individual or
entity named above. If the reader o f this message is not the intended recipient, you are hereby notified
that any dissemination, distribution or copying o f this communication is strictly prohibited.
From: Karma Zaike rmailto:karma(a)lawqate.nefl

Sent: Thursday, February 20, 2014 5:02 PM
To: Philip C. Tsai
Cc: Erika S. Reichley; Kerry Bowers; anthonvurie(aamail,com
Subject: RE: Markham: Confirming discovery conference
Phil and Tony,

There are three discovery issues:
1. Is your client going to provide complete and timely responses? If the answer is no, then
the discovery conference of Friday at 10:00 a.m. or as soon thereafter as one o f you are
available. You both have been on notice for a month o f this discovery conference and
received a reminder 10 days ago. Blowing it off with an I m unavailable is not
cooperation. Please advise as to the specific interrogatory questions on which your client
will need an extension, the reason and the expected date o f completion.
2. If the answer is yes, then there is no need for a discovery conference prior to the
discoverys due date. While I do not agree with your calculations, I am not going to
quibble over a few days. It would, however, have been nice to have received more than
one days notice that both o f you would refuse to participate in a conference scheduled
several weeks ago. Please advise as to your first availability as o f February 24.
3. The appraisers need access to the boats and aircraft. I have been requesting a response
since February 3. Please advise as to your earliest availability to discuss access.
Please be advised that failure to provide responses may not be excused on the ground that the
discovery sought is objectionable unless a protective order has been requested pursuant to CR
26(e).
I have spent approximately 14 hour sending multiple correspondence to both o f you in order to
keep discovery on track, reminding you o f discovery conferences, requesting to be kept informed
if there will be lateness or failure to respond. This correspondence is in compliance with CR
26(i). Failure to substantively respond to this correspondence by noon on Friday, February
21 will be deemed refusal to confer in good faith as required by CR 26(i) and a motion to
compel will follow.
Thank you in advance for your professional courtesies.
-Karma Zaike
EXHIBIT 10
EMILY J. TSAI, ESQ7

PHILIP C. TSAI, ESQ.
TODD DE VALLANCE, ESQ;,
LUCKY LUFKIN, ESQ^
DAVID W. K1TCHELL, ESQ ^
A SCOTT MARLOW, ESQ.
MARCIA FISCHER, ESCj,_________
TSAI LAW COMPANY, PLLC

2101
FOURTH AVENUE, SUITE
Se a t t l e ,
1560
*ALSO
a d m i t t e d in
C a l if o r n ia
WA 98121
PHONE: (20 6 ) 7 2 8 -8 0 0 0
FAX: (206) 728-6869

WWW.TLCLAWCO.COM
February 20,2014
Karma Zaike, Esq.
Michael W Bugni & Associates
11300 Roosevelt Way NE Ste 300
Seattle, WA 98125-6243
Re: Markham Dissolution
Dear Karma,
This letter shall serve as a partial response and objection to the Interrogatories and Requests for
Production o f Documents you sent via email on or about January 21,2014. First, I calculate the
due date for your discovery requests as February 24,2014 which includes 3 days o f mailing
pursuant to CR 5. Your Interrogatories unilaterally set a CR 26(i) conference for Friday,
February 21, 2014 without consultation with me. As I indicated in my email to you yesterday, I
am not available for a premature discovery conference at 10:00 a.m. on February 21, 2014 as I
need to discuss the status o f the responses with Mr. Markham. However, I anticipate having
further responses to your discovery requests by the due date of February 24, 2014.
With respect to the Interrogatories and Requests for Production you submitted, I provide the
following objections at this time. Specifically, Mr. Markham objects to your discovery on the
basis of:
1. The discovery is vague, overbroad and unduly burdensome, fails to describe the
documents sought with reasonable particularity, and is not reasonably calculated to
lead to the discovery o f admissible evidence.
2. The discovery asks for irrelevant, immaterial, oppressive or information that is
equally available to the Petitioner.
3. The discovery seeks information protected by attorney work product, attorney-client
privilege and/or materials prepared in anticipation o f litigation.
4. The discovery fails to provide adequate time to comply with the request.
Karma Zaike, Esq.

February 20,2014
Page 2
5. The discovery seeks a premature disclosure o f experts to the extent that the
respondent has not determined which expert witnesses may be called at trial if not
already disclosed in prior discovery.
Without waiving any o f the above objections, Mr. Markham will provide answers to your
discovery requests on or about February 24,2014. If you believe a CR 26(i) conference is
necessary after receiving Mr. Markhams discovery responses, please contact me so we can
schedule a mutually agreeable date and time.
Thank you for your attention to this letter.
Very truly yours,
TSAI LAW COMPANY, PLLC
PI x.
Attorney at Law
cc:
client
From: Philip C. Tsai f mailto:phil@tlclawco.com1

Sent: Monday, February 24, 2014 1:45 PM
To: Karma Zaike
Cc: Erika S. Reichley; Kerry Bowers; anthonvurie(S)qmail.com
Dear Karma,
I write to advise Jerry was not able to get to Kodiak, Alaska over the weekend to obtain the documents
that are responsive to some of the discovery requests due to heavy wind that grounded all the
airplanes. Therefore, I will need additional time to obtain the documents from Jerry and provide
answers. This delay was not anticipated by anyone as in fully intended to have the discovery responses
to you today but for Jerry not getting to Kodiak. Please advise whether a 7 day continuance
of providing the responses (to next Monday) is agreeable in light of the continued trial date. I may be
able to get them to you sooner, but would rather have sufficient time to do so rather than request a
further extension.
I also appreciate your sending the settlement proposal on Friday evening and would like to focus the
energy in this case towards providing a response to your proposal and settlement instead of engaging in
formal discovery. Given that you put together the proposal with specific values for the property, I need
to review with Jerry whether appraisals are necessary or whether we can proceed with using those or
modified values. Please confirm whether you still want to have the boats and aircraft appraised now, or
whether that can wait until you receive our substantive response to your settlement proposal. If we
wait to have those done until after you receive our response, it may save the parties money. Please let
me know. Thank you.
Very truly yours,
Philip C. Tsai
Attorney at Law
Seattle, Washington 98121
Phone: 206-728-8000
Fax: 206-728-6869
Visit our Website at: www.TLCIawco.com
This E-mail is covered by the Electronic Communications Privacy Act, 18 USC Sections 2510-2521 and is legally
privileged. This information is confidential and is intended only for the use of the individual or entity named
above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited.
EXHIBIT 12
From: Karma Zaike

Sent: Wednesday, February 26, 2014 3:13 PM
To: 'Philip C. Tsai'
Cc: Erika S. Reichley; Kerry Bowers; anthonvurie@cimail.com
Phil,
Ms. Markham will agree to a moratorium in discovery until Monday, M arch 3.
-Karma Zaike
EXHIBIT 13
Documents Received on 3/3/2014

Account
Ameritrade Account Statements (#4823)
D.A. Davidson Account Statements (#6360)
(SEP IRA)
D.A. Davidson Consolidated Summary o f
Accounts
Dates
5/2013, 9/2013-12/2013, 2013 Year-End
Statement, 1/2014
4/2013 and 1/2014
1/2014
3/2013, 10/2013-1/2014
Documents received in the following order:

1. Ameritrade Account (#4823) 11/1/13-11/30/13
6. Ameritrade Account (#4823) 5/1/13-5/31/13 (Duplicate)
9. D.A. Davidson Consolidated Summary o f Accounts, December 2013
10. Ameritrade Account (#4823) 2013 Year-End Statement (Tax Information)
11. Ameritrade Account (#4823) 9/1/13-9/30/13 (2nd Duplicate)
13. D.A. Davidson Consolidated Summary o f Accounts, March 2013
14. D.A. Davidson Consolidated Summary o f Accounts, October 2013
15. D.A. Davidson Consolidated Summary o f Accounts, January 2014
16. D.A. Davidson Consolidated Summary o f Accounts, November 2013
17. D.A. Davidson Account (#8425) 1/1/14-1/31/14
19. D.A. Davidson Account (#6360) 4/1/13-4/30/13 (Duplicate)
Documents Received on 3/12/2014 (all of the same documents as on 3/3/14)
Account
Responses to Interrogatories
Ameritrade Account Statements (#4823)
(SEP IRA)
D.A. Davidson Consolidated S u m m a ry o f
Accounts
Dates
5/2013, 9/2013, 11/2013, 12/2013, 2013 YearEnd Statement (Tax Information)
4/2013 and 1/2014
1/2014
3/2013, 10/2013-12.2013, 1/2014
Documents received in the following order:

1. Responses to Interrogatories
3. Ameritrade Account (#4823) 9/1/13-9/30/13 and 1/1/14-1/31/14
6. Ameritrade Account (#4823) 9/1/13-9/30/13 (Duplicate) and 12/1/13-12/31/13
7. D A . Davidson Consolidated Summary o f Accounts, December 2013, and Ameritrade
Account (#4823) 2013 Year-End Statement (Tax Information)
10. D.A. Davidson Consolidated Summary o f Accounts, March 2013
11. D.A. Davidson Consolidated Summary o f Accounts, October 2013
12. D.A. Davidson Consolidated Summary o f Accounts, January 2014
13. D.A. Davidson Consolidated Summary o f Accounts, November 2013
15. D.A. Davidson Account (#6360) 4/1/13-4/30/13 (First Page Missing)
16. D.A. Davidson Account (#6360) 4/1/13-4/30/13 (Duplicate; but includes first page)
EXHIBIT 14
From: Kerry Bowers

Sent: Thursday, March 27, 2014 9:39 AM
To: Philip C. Tsai
Cc: Karma Zaike; Erika S. Reichiey
Subject: RE: Markham: File
Mr. Tsai,
Will the documents be available tom orrow if I arrange fo r Sound Copy to pick them up? Let me know if
you would rather send a soft copy. Thank you.
Kerry Michael Bowers

Legal Assistant
The Law Offices of Michael W. Bugni & Associates, PLLC
11300 Roosevelt Way Northeast, Suite 300
P.206.365.5500
F. 206.363.8067
IlVfPORTANT/CONFIDENTIAL: this email and any attachm ents m ay contain confidential inform ation 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 show ing this em ail to any other person m ay result in waiver o f confidentiality. I f you have received this email in error,
please do not read, reproduce, or distribute its contents; rather, please im m ediately notify the sender, delete the em ail, and destroy all
copies o f the em ail and any attachm ents. Thank you.
From: Kerry Bowers

Sent: Tuesday, March 25, 2014 9:20 AM
To: Philip C. Tsai
Mr. Tsai,
We would like to have these documents by the end of the week. Please let me know when they can be
picked up for copying or when you expect to send soft copies. Thank you.

Legal Assistant
P.206.365.5500
F. 206.363.8067
IM PO RTANT/CO NFIDENTIAL: this em ail and any attachm ents m ay contain confidential inform ation protected by the attorney-client
privilege or other privileges, and is intended for use only by the intended recipients(s). I f you are the intended recipient, please note that
forwarding or showing this em ail to any other person m ay result in w aiver o f confidentiality. I f you have received this em ail in error,
please do not read, reproduce, or distribute its contents; rather, please im m ediately notify the sender, delete the em ail, and destroy all
copies o f the em ail and any attachm ents. Thank you.
From: Philip C. Tsai f mailto:phil@tlclawco.com1

Sent: Monday, March 24, 2014 5:24 PM
To: Kerry Bowers
Kerry,
I do not have the hard copies in my office any longer. Let me see when I can get them back or whether 1
can get soft copies for you. Thank you.
Very truly yours,
Philip C. Tsai
Attorney at Law
Phone: 206-728-8000
Fax: 206-728-6869
Visit our Website at: www.TLCIawco.com
This E-mail is covered by the Electronic Communications Privacy Act, 18 USC Sections 2510-2521 and is legally
privileged. This information is confidential and is intended only for the use of the individual or entity named
above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited.
From: Kerry Bowers f mailto:kerry@lawaate.netl
Sent: Monday, March 24, 2014 2:45 PM
To: Philip C. Tsai
Subject: Markham: File
Mr. Tsai,
I am arranging fo r Sound Legal Copy to come and pick up the documents from your office fo r copying. I
would like to have them picked up tom orrow. Can you let me know how many files/boxes there
are? They should be able to return the documents in one to tw o days depending on the volume. Thank
you.

Legal Assistant
P.206.365.5500
F. 206.363.8067

16 Twila Markham V Gerald Markham PET MOT Compel Discovery 13-3-08383-7 SEA

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16 Twila Markham V Gerald Markham PET MOT Compel Discovery 13-3-08383-7 SEA

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FILED

IN THE SUPERIOR COURT OF WASHINGTON

In re the Marriage of:

NO. 13-3-08383-7 SEA

MOTION AND DECLARATION

MOTION TO COMPEL DISCOVERY

MOTION AND DECLARATION FOR ORDER

remains ready to be delivered. In addition to Ms. M arkhams initial discovery responses

conference be scheduled. Exhibit 9. The Husbands counsel again refused to schedule a

moratorium in discovery until March 3, 2014. Exhibit 12.

On the evening o f March 3, the Husband produced a meager number o f financial

Furthermore, Respondents attorney has repeatedly failed to cooperate in scheduling a

to respond to repeated requests to make documents available. Exhibit 14.

Interrogatory No 53: The interrogatory seeks information regarding Mr. Markhams

2. Statements for Mr. M arkhams D.A. Davidson Account ending in #6360

the time o f trial.

attached hereto, and the annexed declaration o f Karma L. Zaike.

Karma L. Zaike, WSBA #31037

Karma L. Zaike on oath, certifies and declares as follows:

I am the attorney o f record for the Petitioner/Wife and am competent to testify

DATED: March 27, 2014

GERALD WAYNE MARKHAM,

NO. 13-3-08383-7 SEA

PETITIONERS FIRST SET OF

GERALD WAYNE MARKHAM, Respondent;

DAISUKE TAKAHASHI, his attorney:

Petitioners Interrogatories and Requests for Production

11300 ROOSEVELT WAY NE, STE, 300

11300 ROOSEVELT WAY NE, STE. 300

NOTICE OF DISCOVERY CONFERENCE

Date of departure and return

11300 ROOSEVELT WAYNE, STE 300

11300 ROOSEVELT WAY NE, STE. 300

Number of days in the state

11300 ROOSEVELT WAY NE, STE. 300

Name, address and phone number of each health care provider;

11300 ROOSEVELT WAY NE, STE. 300

August 30, 2013

KARMA L. ZAIRE, WSBA #31037

ANSWERS SUBMITTED: September______, 2013.

DAISUKE TAKAHASI-II, WSBA #46046

GERALD WAYNE MARKHAM

day of September, 2013.

Notarys Printed Name: _________ ______

11300 ROOSEVELT WAY NE, STE. 300

11300 R oosevelt W ay N o r theast , S u it e 300

n f MICHAELW, BUGNI &ASSOCIATES, PLLC

October 23, 2013

Mr. Anthony Urie

Dear Mr. Urie and Mr. Takahashi:

LAW OFFICE OF ANTHONY M. URIE, pile

18130 Midvale Ave N.

October 30, 2013

In re: Markham vs. Markham

email, please set a time on Thursday a.m. and we will

As we represented to you in all good faith, our intent

Rather if its now Mrs. Markhams intent to proceed

presence will be necessary at that home through out

position to have the mediation you proposed in your

expense of rebutting these unfounded and

resolution of your current concerns could be obtained

you feel you don't have all of these statements,

but they either came to and remained in Kodiak or

Notarys Printed Name: ___