You are on page 1of 19

FILED

13 OCT 04 PM 12:42
KING COUNTY
SUPERIOR COURT CLEF
E-FILED
CASE NUMBER: 13-3-08383-'

2
3
4
5
6

IN THE SUPERIOR COURT OF WASHINGTON


IN AND FOR KING COUNTY

7
8

In re the Marriage of:

TWILA MARKHAM
Petitioner,

10
and

11
12
13
14
15

GERALD WAYNE MARKHAM


Respondent.

)
)
)
)
)
)
)
)
)

NO.13-3-08383

- 7 SEA

W IFESDECLARATION
OPPOSING MOTION TO DISMISS

____________________________________________ )

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


1.

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

16
the following facts and I am competent to testify.
17
18

2.

M y husband and I have been married for 33 years. Our marriage permanently

19

ended after an escalation o f domestic violence in late April, 2013. I filed for dissolution in

20

early May. In the early years o f our marriage, we lived in Alaska where Jerry practiced law.

21

Jerry is well known in Kodiak where we formerly lived. He was an Assistant State Attorney

22

General and worked in governmental offices for many years.

23
24
25
WIFES DECLARATION -1

LAW OFFICES________________________

M ic h a e l W . B u g n i & A s s o c .,
11320 ROOSEVELT WAY NORTHEAST
SEATTLE, WA 98125
(206) 365-5500 FACSIMILE (206) 363-8067

pllc

3.

1
2

The home in which I currently reside was purchased 1986. Jerry and I jointly

lived there until he was arrested in April. As Jerry has begun to wind down his business over

the past 10+ years, we have traveled less and less to Alaska. We began purchasing real

property and spending more time in Seattle. We assisted my son in the purchase of his home

which is across the street from the rental behind my home. He is a great help to me. Neither

Jerry nor I have qualified for the Alaska Permanent Fund dividend, an annual payment made

7
to Alaska residents, for I would estimate 10 years or more. Prior to separation, Jerry was
8
9
10

11
12
13

denied an Alaska real property tax deduction because he was absent from the State too many
days.
4.

Our marriage has a history of domestic violence. As previously stated, Jerry

was arrested in April, 2013 for domestic violence. He has entered into a Stipulated Order of
Continuance which requires that Jerry participate in a Washington State Domestic Violence

14
Program. The treatment program will require that Jerry maintain a presence in Washington
15
16
17

for the next year.


5.

Since our separation, Jerry has told the court and our mutual friends that he

18

lives in our house in Friday Harbor and uses his private airplane to travel between Friday

19

Harbor and Seattle. Jerry submitted responses to interrogatories verifying that the majority of

20

21

time has been spent in Washington over the past 20 months (January, 2012 - August, 2013).
Exhibit 1.

22
23
24
25

WIFES DECLARATION - 2

LAW OFFICES______________
M ic h a e l w . b u g n i & A s s o c ., pl l c
11$20 ROOSEVELT WAY NORTHEAST
SEATTLE, WA 98125
(206)365-5500 0 FACSIMILE (206) 363-8067

1
2

6.

We also own substantial real property in Alaska, however, we have a caretaker

for that property, Karl Loeffler. I have not been to Alaska for more than short visits for 8 - 10

years. 1 consider myself a Washington resident and I intend to continue living in my Seattle

home for the foreseeable future. I do not ever intend to reside in Alaska in the future. While

it may be true that I have an Alaska drivers license and voter registration, I do intend to

change those. Jerry was very controlling during our marriage and it was he who insisted we

7
be domiciled on paper in Alaska even though we lived our day-to-day lives in Washington.
8

Now that we are divorcing, I would like to move forward with formally establishing domicile

10

here. My support system is all here in Seattle, including my son who lives across the street

11

from me. My dog has been going through post-stroke and post cancer rehabilitation

12

treatment, which is all here in the Seattle area. All of Jerrys doctors are also here in Seattle;

13

none in Alaska. Exhibit 1, pg. 10, Interrogatory No. 4.

14
7.

Jerrys motion contained a document which purports to be signed by me and

15
16

notarized by someone by the name of Richard Return. There were multiple times during our

17

marriage when Jerry forced me to sign documents. Some I was allowed to read, some not.

18

Several days before April 15, 2013, Jerry approached me with the type-written affidavit and

19

told me to sign it. The purpose of the document was his attempt to obtain a senior citizen

20
21

property tax exemption for our property at 211 Mill Bay Road, Kodiak, Alaska 99615. But he
knew' that if we did not qualify for Alaska residency, he would not get the exemption. The first

22
23

few times he told me to sign the affidavit, I declined. I told him I did not want to have

24
25

WIFES DECLARATION - 3

LAW OFFICES____________________________

M ic h a e l W. b u g n i & A s s o c ., pllc
11320 ROOSEVELT WAY NORTHEAST
SEATTLE, WA 98125
(206)365-5500 0 FACSIMILE (206)363-8067

1
2

anything to do with his fraudulent representations. I explained that I do not want to sign it
because I do not live in Kodiak. I live in Seattle.
8.

Jerrys response was to become increasingly agitated and belligerent toward

me. He increased his mental, emotional and physical domination over me by making repeated

degrading comments, criticizing my logic for not signing it, blaming me that we have to live

in Seattle and not in Kodiak. I refused to sign the affidavit and said I want nothing to do with

7
it. But Jerry was persistent and increasingly angry. He approached me to sign repeatedly.
8
9

This pattern of me refusing to sign and Jerry relentlessly badgering me went on for several

10

days. Eventually, I was exhausted and broken down. Jerry succeeded. I threw up my hands

11

and gave in. I signed the affidavit against my will, just to be free of Jerrys constant

12

browbeating and berating. Unfortunately, even though I signed, Jerry could not calm himself

13

and his violence continued to escalate until he was arrested just days after he forced me to

14
sign.
15
16
17
18

9.

The affidavit purports to be notarized, but I do not even recall the document

getting notarized or being present at the notarization.


10.

Irrespective o f whether I was domiciled in Alaska on the date that the affidavit

19

was signed or not, does not change the fact that after separation in late April - after Jerrys

20

arrest for domestic violence - 1 continued in my determination to remain in my Seattle home

21

as my permanent residence and domicile. When I signed the Petition for Dissolution in King

22
County, I truthfully stated that I was a resident of King County. I intend to remain living in
23
24
25

WIFES DECLARATION - 4

LAW O FFICES__________________________ _
M ic h a e l W. B u g n i & A sso c ., pl l c
11320 ROOSEVELT WAY NORTHEAST
SEATTLE, WA 98125
(206) 365-5500 0 FACSIMILE (206) 363-8067

here in my home, with my dog, across the street from my adult son and where the entirety of

my support system is anchored. I ask that the court respect my choice and deny Jerrys

motion.

4
5
6

11.

Not only do I want to keep the divorce matter here in Washington State

because I live here, but I would be at a substantial disadvantage if we had to litigate the
divorce in Alaska. Jerry was a prominent attorney in the town where we lived and was a

7
8

former Assistant Attorney General for the State of Alaska.

9
10

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

11

12
13

Dated: October 4,2013

14

IA
TWILA MARKHAM
Petitioner/Wife

15
16
17
18
19
20
21

22
23
24
25

WIFES DECLARATION - 5

LAW OFFICES

___________________

M ic h a e l w . B u g n i & a s s o c ., pllc
11320 ROOSEVELT WAY NORTHEAST
SEATTLE, WA 98125
(206) 365-5500 g j FACSIMILE (206) 363-8067

Exhibit 1

V JJ.* -* * 1 J k l A U

a.A -4

Fax:

Aug 23 2013 11:33am PG14/048

SE|TTLE L A W DEPT RELEASE COPY


1313-1ASSLT-NONAGG-DV

GO# 2013-137730 OPEN

i
i
|
|

12 VICTIM INJURIES:
{Pain to right forearm
13 INCIDENTAL PROPERTY DAMAGE:
{N/A

-->}

(DESCRIPTION VALUE)
--|>}

14 VEHICLE IMPOUNDED?:
STORAGE LOCATION: [

|
j

[N]

(Y/N)

15 INITIAL INCIDENT DESCRIPTION / rlARRATIVE:


{On April 24, 2013 I was working luniformed patrol in a single officer
marked unit as 3U03. At approximately 2143 hours I was dispatched to a DV
disturbance call at 5906 8 Ave NB, j The Call read, "COMPLS FRIEND'S
HUSBAND OUTSIDE OF THE DOOR. HE PUSHED THE VICTIM EARLIER. SUSP HAS ACCESS
TO GUNS BUT COMPL HAS NOT SEEN ONEj" Updates on the call included, "VICTIM
IS WITH THE COMPL BECAUSE SHE WAS jCARED" and "THE SUSPECT LIVES WITH THE
VICTIM AT 810 NE 58 ST . UNK WHERE [SUSPECT IS NOW,THEY DON'T SEE HIM . HE
IS POSE INTOX .>
i
I arrived at C/MIGAL's residence dnd contacted MIGAL and V/Markham, TWILA Y
W/F/04-22-1948 inside.
TWILA appeared very frightened and upset.
She was
initially having trouble answering jquestions about what had happened. As
she spoke she would repeatedly stop and attempt to hold back tears and
catch her breath.
TWILA stated to jme that she and her husband A/Markham,
GERALD W W/M/09-09-1947 have been parried for 35 years and currently live
together at 810 NE 58 ST.
I
TWILA advised me of the following:
GERALD has been going to anger management sessions recently.
The sessions
are attended by him but for their pon. He had been angry all week after
attending the session.
Tonight GERALD was also upset about TWILA not
answering her phone.
TWILA stated Ithat GERALD is very controlling and gets
upset at her very easily
Because GERALD was upset today, TWILA decided to
(next door tjo theirs) after dropping her son off at
go to her s o n 's hous
the airport.
TWILA stated that shd was concerned that GERLAD would assault
her because he is alr^'dyUll^HHNT^^'JwiLA stated that there is a history of
unreported assaults between GERALD land h e r . She explained'*'that"'b.e~-had'
"s lugged "diHr in the past.
TWILA wanted to go to her friend MIGAL's house tonight to be away from
GERALD.
She stated that she wantec) to bring her dog because it is sick and
needs medication.
She did not feel comfortable leaving the dog with

For: 6558

Printed On: Apr-25-2013 (Thu.)

Page 5 of 36

Fax:

SEATTLE POLICE DEPA

Aug 23 2013 11:34am PQ15/Q48

M EM

GENERAL OFFENSE HARDCOPY


SEATTLE LAW DEFT RELEASE COPY

GO# 2013-137730 OPEN

1313-.1 ASSET-NONAGG-DV

GERALD.
TWILA and MIGAL went to TWjlLA's house to get the dog.
TWILA
stated that GERALD told her he did jnot want her to go and began pushing her/
into a wall in and near _the living Jrogni. -.She_ stated _that .he_uaed^hlfi .fcajidsj
and body to forcibly push her into ia wall, preventing her from walking away
from him.
TWILA stated that she wajs fearful for her safety.
TWILA stated
that GERALD told her that she shouljd stay so they couIdTTTalk.
TWILA then
stated to me, "I know better than jthat though. TWILA pointed to her right
forearm and stated that she felt pajin there when she was getting pushedI
did not see any visible marks on TWILA from tonight's incident.
I observed
a small scratch to TWILA1s right fcjrearm that was beginning to heal. TWILA
stated that she had received the sdratch a few days prior when GERALD was
grabbing her and she pulled away, j

!
I spoke with MIGAL who advised thatj she was present during the incident,
She had gone to meet TWILA because[TWILA was scared and wanted to leave her
house. MIGAL stated that she had l$een standing next to the front door
(with a clear view of the living rcj>om and kitchen) during the argument and
assault between GERALD and TWILA. jMIGAL stated that she saw GERALD push
and shove TWILA, knocking her intojwalls when she was trying to leave.
MIGAL had her two kids with her when she came to get TWILA.
Her children
are about 3 and 5 years old. MIGAL stated that she does not think they
witnessed the assault, just heardjthe commotion.
MIGAL also stated that
she felt as though GERALD was holding back his anger toward TWILA because
she was present.
j
TWILA. and MIGAL left and went to MIGAL's house.
TWILA stated that she was
unable to take her dog because GERALD would not let herWhile at MIGAL's
house, GERALD came over and began pounding on the front door.
MIGAL stated
that GERALD was asking her if her iiusband was home tonight. MIGAL advised
me that her husband was not home tdnight.
GERALD walked away southbound
from MIGAL1s residence.
I

i!

After speaking with TWILA, I responded to GERALD'S house to attempt contact


with him.
GERALD was home and agreed to come outside and speak with me,
GERALD denied placing his hands onlTWILA.
GERALD stated that he was
concerned about TWILA1s level of intoxication, and had told her not to leave
the house because she was too inebriated.
GERALD also stated that he did
not want her to take the dog.
GERALD stated that he and TWILA had both
tugged at the dog leash when TWILAjtried to take it.

|
I did not immediately advised GERALD that
When I did advise him, GERALD stated that
attempted to walk back into his house.
I
free to walk away.
GERALD stated that he
incident and wanted a lawyer.
;

For: 6558

Printed On: Apr-25-2013 (Thu.)

he was being audio recorded.


he no longer wanted to talk and
advised GERALD that he was not
was done talking about the

Page 6 o f 36

Fax:

Aug 23 2013 11;3dam PQ16/0d8

SEATTLE POLICE DEPa

MENT

GENERAL OFFENSE HARDCOPY


SEATTLE LAW DEPT RELEASE COPY
1313-1 ASSLT-NONAGG-DV

GO# 2013-137730 OPEN

I placed GERALD under arrest and walked him to Officer Schmitt's patrol
vehicle.
I advised GERALD of his Fjliranda Rights,
GERALD stated that he
understood his rights and wanted to speak further.
GERALD stated that what
had occurred tonight did not amount!, to a DV Assault.
He restated that he
was just trying to keep TWILA from[leaving when She was intoxicated.
Officer Schmitt transported G e r a l d !to the North Precinct.
booked into KCJ.
;

He was later

I re-contacted TWILA and walked henj" back to her residence.


TWILA stated
that she was concerned that GERALD|would be angry about getting arrested.
She stated that she had recently tcjld him that if he continued to hurt 'her
he would end up in jail. TWILA wasjvery fearful of GERALD being angry whenhe got out of jail.
She stated that she is concerned that he will assault
her again. TWILA. advised me that dERALD has numerous guns, but that she
has taken them and hidden them at her son's house next door because she is
scared of what he might do to her.
TWILA also informed me that she has
been in contact with DAWN looking for assistance in removing herself from
an abusive relationship.
TWILA suited that she will be staying somewhere
else in case GERALD is released frq>m jail. When I advised TWILA that she
should pack up personal belongings and clothing tonight she stated that she
already has an "escape b a g ready tio go.
i provided TWILA with a business c^rd and case number as well as a DV
pamphlet.
j
i

A/Lt Pendergrass #4942 screened the incident and arrest at the North
Precinct i
I

I hereby declare (certify) under penalty of perjury under the laws of the
State of Washington that this report is true and correct to the best of
my knowledge and belief (RCW 9A.72.G 85)
Electronically signed:
SAN MIGUEL, SHELLEY A

Date: kpr-2 5-2013

Place: Seattle, WA

t
i
i

For: 6558

Printed On: Apr-25-2013 (Thu.)

Page 7 o f36

Fax:

SEATTLE POLICE DEPA

MENT

GE

RAL OFFENSE HARDCOPY

TLE LAW DEPT RELEASE COPY


1313-1ASSLT-NONAGG-IJV

GO# 2013-137730 OPEN

Related Text Page(s)

flug 23 2013 11:34am P017/048

Document: [REPORT SNAPSHOT]


j
Author: 6910 - SAN MIGUEL, SHELLEY A I
Subject: REPORT SNAPSHOT
|
Related date/time: Apr-25-2013 (Thu.) 127
j
T e x tu a l r e p r e s e n t a t i o n o f th e o f f i c e r ' s MRE r e p o r t

REPORT INFORMATION
Offense #
137730
|
Offense year : 2013
j
Date occurred
:04-24-2013
j
Time reported
:2 1 4 1
j
Status : O (OPEN)
j
Family Violence : N
j
Submitted by : 6910 (SAW MIGUEL, SHELLEY A
Date reported
:04-24-2013
:
Time reported
:2141 1
j
Org Unit : B123U (NORTH PCT 3RD W -j UNION)
Location : 810 NE 58 ST
j
Municipality : SE (SEATTLE)
j
County : 1 7 (KING)
j
Bias : 88 (NONE (NO BIAS))
j
Felony/Misdemeanor : M
j
Gang involved : N (NO GANG INVOLVEMENT)

IBR OFFENSE

(6910))

Offense code : 1313


j
Offense extension : 1
j
C/A : C
i
Offender suspected of using c o : N (|NOT APPLICABLE)
Location type codes : 20 (RESIDENCE/HOME)
Type of weapon used ; 40 (PERSONAL IWEAPONS (HANDS, FIST, TEETH,
ETC.))
!

NARRATIVE TEXT
Subject ; INCIDENT NARRATIVE
Type of text : NT (NARRATIVE)

For: 6558

Printed On: Apr-25-2013 (Thu.)

Page 8 o f 36

Exhibit 2

Fax:

Aug 23 2013 11:30am PQQ3

.. ,''if'

CO Un i

IN THE SEATTLE MUNICIPAL COURT


KING COUNTY, WASHINGTON
THE CITY OF SEATTLE
Plaintiff,
V5-

C^efo\A lY]agB-,aj<i-i

STIPULATED ORDER OF CONTINUANCE


AND WAIVER OF RIGHTS

Defendant.
Come NOWthe Parties, by and through the attorneys; of record below-named, and hereby move this Court to enter
the following Stipulated Order of Continuance (hereafter known as "Agreement").
Defendant' s Waiver of Rights. Agreement. And Order

1. Period of Pre-Trial Supervision. The Defendant agrees the continuance contemplated by the Parties to this
Agreement is for a period of
months following entry of the order.
2. Waiver of Sneedv Trial fCrRhi 3.3fc)f21fi11. f he Defendant understands that s/he has the right to be tried
w ithin 90 days (out-of-custody) 0 60 days (in-custody) following the "commencement date" as defined in
CrRLJ 3.3(e), and that if the Defendant does not receive a trial within this time period the case may be dismissed
with prejudice unless the Defendant waives this right. The Defendant gives up that right; and agrees to a new
commencement date of 8 j i^t ! 1 5
. with ajspeedv trial expiration date of ^ i 1 UWf f5 _

3. Waiver of Rights fCrRLl 6.t.lfa~)1. Defendant\ understands that s/he has the following important rights and
that s/he gives them ail up by entering into this Stipulated Order of Continuance:
(a) 1give up the right to a speedy trial and waive mYspeedy trial rights for the length of this Agreement
plus 90 days; my new speedy trial commencement date shall be the end date of this Agreement;
(b) I give up the right to contest and object jto the evidence presented against me at a future hearing if the
judge determines that I have violated tbjis Agreement.
(c) I, as well as the State/City, give up the rjght to a public trial by an impartial jury in the county where the
crime is alleged to have been committee!.
(d) I give up the right to remain silent before and during the trial, and the right to refuse to testify against
myself;
(e) 1give up the right at trial to hear and question the witnesses who testify against me;
(f) I give up the right at trial to testify and |o have witnesses testify for me. These witnesses can be made to
appear at no expense to me.
;
.
,, v , /
The Defendant understands that the maximum possible sentence for the crime(s) of r r ^ o f X i ,LL-t L 3v
_______ ____________ is 364 days in jail and/or a $5,000 fine plus costs and assessments, of ___________ ______
is 90 days in jail and/or a $1,000 fine, plus costs and assessments, and that the judge can impose any sentence up
to the maximum, no matter what the prosecuting authority or the defense recommends if the Agreement is
revoked,
i
I
4. Defendant's Agreem ent. Defendant understand^ that by entering in the agreement he or she is not admitting guilt
and that no determination has been made by the judge as to whether this evidence is sufficient to support a finding of
guilty- However the Defendant also understands and Agrees that in the event he or she violates this agreement, the judge
will review the evidence listed below, and based only upon this evidence, the judge will decide if he or she is guilty of the
crime(s) listed in Section 3 above.

Fax;

Incident Report No: \ Y l

"

Aug 23 2013 11:30am PQOd

Additional Materials and/or Evidence Is Identified As Follows:


j

0 See Attachment A for Defendants Agreement.

'

Defendant understands that the police reports and any Other specified materials listed above, for administrative purposes
only, may be marked as exhibits. These documents will! be filed in the court file but they will not be admitted into
evidence at this time. Should Defendant violate this Stipulated Order of Continuance he or she hereby waives any
objection to their admission into evidence at a future hearing.

5. D efendants P rom ise to be P re se n t in C ourt. |The Defendant understands and agrees that s/h e shall be
present in court a t all future court hearings herein ijnless previously waived by the Judge and that failing to appear

in court as ordered may be a violation o f this Agreement.


6. R e stitu tio n . The Defendant agrees to pay restitution t o ____________________ The restitution amount shall
be paid through Seattle Municipal Court in the am ount of CD______ or 0 to be determined.
7. M onitoring of C onditions. The Defendant agrees that compliance with this Agreement shall be monitored by
Seattle Municipal Probation 0 The Court. The defendant agrees to report to Seattle Municipal Probation
immediately following the court hearing at which this Agreement is entered and to any appointm ents subsequently
scheduled by Seattle Municipal Probation. The Defendant understands and agrees that failure to report to Probation

and/or failure to provide proof o f compliance with conditions may be a violation o f this Agreement The Defendant is
responsible fo r filing proof o f compliance with all conditions with Probation^
8. Costs o f M onitoring C om pliance. The Defendant agrees to pay k / O Q to Seattle Municipal Court as a
compliance m onitoring fee.
9. O th er F inancial P enalties: The Defendant agrees to pay
______to Seattle Municipal Court in addition to
restitution o r m onitoring fees,
:
10. C rim inal Law Violations. The Defendant shall have no criminal law violations during the term ofthis
A greem ent The Defendant understands and agrees jthat this Court may take action on the Prosecution's motion
alleging the Defendant's violation of this condition prior to any resolution of the alleged new criminal law violation.
The Defendant specifically agrees th at a "convictionT for a criminal law violation occurring after the entry of this
Agreement is not a prerequisite to this Court taking iaction on the Prosecution's motion to revoke this Agreement
due to the Defendant's alleged violation ofthis condition.
The Defendant understands and agrees th at in a [hearing alleging violation of this condition, the Prosecution
may proceed via the admission of reliable hearsay ajone. ER 1101(c) The Defendant further agrees that the
Defendant's petition or other request of any Washington Court to grant the Defendant a Deferred Prosecution
pursuant to RCW 10.05 e t seq., for any new crirainaJjlaw violation occurring after the entry of this Agreement shall
be a violation of this condition. Traffic a n d /o r civil infractions are not considered criminal law violations.
11. A ddress a n d T elep h o n e In fo rm a tio n . The Defendant agrees to notify the Court or Seattle Municipal
Probation within 24 hours of any change of residence address, mailing address, or telephone number.
12. O rd er fs) P ro h ib itin g Contact. The Defendant agrees to strictly comply with all provisions of any court order
pmjribiting contact The Defendant shalbnot contact o r ;

-\ U

~<v\ fvft KH-ftH f a s t e r 4

13. 0 A icohol/D rues P ro h ib ite d , t h e Defendant shall not possess or consume alcohol, or any illegal nonprescribed drugs. Defendant understands and agrees th a t Seattle Municipal Probation may order the Defendant to
provide samples of breath or urine from tim e to time as a m eans of monitoring this condition. The defendant

understands and agrees that failure to comply with tHjs condition shall be a violation o f this Agreement
14. S [ F ire a rm s. The Defendant shall not possess or own any firearm or other dangerous weapon. The
Defendant shall forfeit firearms, dangerous weapons, and any Concealed Pistol License by the end of the next
business day.
j
15. 0 Chem ical D ependency T re a tm e n t. The Defendant shall obtain a chemical dependency evaluation from a
state-certified agency (orADATSA if referred by probation), and thereafter successfully comply with all treatm ent
recommendations, and is responsible for filing proolj of same with Seattle Municipal Probation. Defendant shall

Fax:

Aue 23 2013 11:31am P005/048

obtain the evaluation within 30 days or by ______ j


and shall commence any recommended treatment
within 30 days of completion of the evaluation.
j
16.
DV B atterers Intervention Program. Thie Defendant shall successfully complete a state-certified
Domestic Violence Batterers Intervention Program! as approved by Seattle Municipal Probation. Defendant shall
complete intake process and enroll in the program within 45 days of today's date, or within 30 days of the
completion of Phase I of a required chemical dependency program.
17. Parenting Class. The Defendant shall attehd and successfully complete a parenting class at a location
approved by Seattle Municipal Probation. The Defendant shall begin class within 30 days of today's date or by
18. CH Mental Health Evaluation. The Defendant shall obtain a mental health evaluation from a licensed
provider of mental health services and successfully comply with all treatment recommendations, including
prescribed medication. The evaluation should be completed within a date determined by probation or by
19. Treatm ent compliance. The Defendant understands and agrees that compliance with any treatment
condition requires regular, continuous attendance ajnd participation at all treatment sessions required by the
provider and agrees that non-compliance with treatment requirements may be a violation ofthis Agreement
2D. Other Conditions:

-H^yi V

VWt-> 1Of OJA,

21. Release Authorization. The defendant agrees jto sign all necessary releases to allow Seattle Municipal
Probation and treatment providers to fully exchange information regarding compliance issues.
P rocedure on Successful Completion of Conditions

, LJ .
The City agrees to continue the case until
( D
If the Defendant has successfully complied
with the conditions of this Agreement, the Prosecution agrees to move to dismiss the charges with prejudice at that

Defendant

, y

P' hLo^L,
Defendant's attorney

The court, having considered the motion, exhibits and arguments of counsel, and aving found that a
stipulated order of continuance is appropriate, hereby orders this matter continued to " r / / y <
subject to the terms and conditions listed above.
!
Judge

Exhibit 3

mg

IN THE MUNICIPAL COURT OF THE CITY OF SEATTLE

CERTIFIED
COPY
T h e c it y o f S e a t t l e , P l a in t if f

Domestic Violence No-Contact Order


M Pre-Trial Post Conviction
Replacement Order (paragraph 8)
Clerks Action Required

iI .. , L j
I H iV f k k

C ase#

Defendant

'

This no-contact order expires on:

|
/
/hi 1," / -V i i ***
r - >

(Five years from the date issued if no date is entered)

No-Contact Order
1.

Defendants Identifiers
Date of Birth

Protected Persons Identifiers:


Name (First, Middle, Last)

PrfflM L&,
HOB

'

~ ~ Gender

Ls=
Race

: f i t . / M
Gender
: M ill#

m
Race

;' I j L / i X M l. r f r *

Findings of Fact
2. Based upon the record both written and oral, the court finds that the defendant has been charged with,
arrested for, or convicted of a domestic violence offense, and the court issues this Domestic Violence No-Contact Order under chapter 10.99 RGW to prevent possible recurrence of violence.
3. Th^court further finds thatthe defendants relationship to a person protected by this order is an
intimate partner (former/current spouse; parent of common child; or former/current cohabitants as
intimate partners) or Other family member as defined by Ch. 10.99 RCW: SMC 12A.06.120.
4. (Pretrial Order) For crimes not defined as a serious offense, the court makes the following
mandatory findings pursuant to RCW 9.41.800: The defendant used, displayed, or threatened to
use a firearm or other dangerous weapon in a felony. T h e defendant is ineligible to possess a
firearm due to a prior conviction pursuant to RCW 9.41.040; or Possession of a firearm or other
dangerous weapon by the defendant presents a serious and imminent threat to public health or safety,
or to the health or safety of any individual.
5. Defendant:
A. do not cause, attempt; or threaten to cause bodily injury to, assault, sexually assault, harass, stalk,
or keep under surveillance the protected person.
B. do not contact the protected person, directly, indirectly, in person or through others, by phone, mail,
electronic or any other means, except for mailing or service of process of court documents through
a third party, or contact by the defendants lawyers. ^
C. do not knowingly enter, remain, or come within v >" (500 feet if no distance entered) of the
protected persons residence, school, workplace, other:


:
exceptions:
E. other:

31-017 Domestic Violence No-Contact Order WPF NC 02.0100 (May 2012) - RCW 10.99.040, .045.050
Original-Court Yellow-Defendant Pink-Victim Golden-City Attnys Office
- Page 1 of 2

Warning; Violation of the provisions of this order with actual notice of its terms is a criminal
offense under chapter 26.50 RCW and will subject a violator to arrest; any assault, drive-by
shooting, or reckless endangerment that is a violation of this order is a felony. You can be
arrested even if the person protected, by this order invites or allows you to violate^ the orders
prohibitions. You have the sole responsibility to avoid or refrain from violating the orders
provisions. Only the court can change the order upon written application.

A dditional Warnings to Defendant: This order does not modify or terminate any order entered in
any other case. You are still required to comply with other orders.
Willful violation of this order is punishable under RCW 26.50.110. State and federal firearm
restrictions apply. 18 U.S.C. 922(g)(8)(9); RCW 9.41.040.
Pursuant to 18 U.S.C. 2265, a court in any of th jj0 states, the District of Columbia, Puerto
3Rico,.any U|iitert.^%fe^..territO!r^.APftany tribal lanS'within th^/United States shg.ll.accord fu lL ,,
faith and credit tb th e order.
f

Additional Orders
"'

'

6. Ef Civil standby: The appropriate law enforcement agency shall, at a reasonable time and for a
reasonable duration, assist the defendant in obtaining personal belongings located at:

f | r-

\].

ft %

'

7. The clerk of the court shall enter this order into a computer-based criminal intelligence system
available in the state used by law enforcement to list outstanding warrants or forward a copy of this
order on or before the next judicial day to the protected persons local law enforcement agency,
8. This order replaces all prior no-contact orders protecting the same person issued under this cause
number. .
#J<

f.

Dated:

'

Time

jam/pm ifTopen court with the defendant present.

L:./

I acknowledge receipt of a copy of this order:


1 Judge/ Pro Tern Judge
Defendant

i .

The protected person shall be provided with a certified copy of this order.

[ ] Interpreter Declaration attached * .

<

31-017 Domestic Violence Nd-GontactOrder WPP NC 02,0100 (May 2012) - RCW 10.99.040, .045.050,
Original-Court Yellow-Defendant Pink-Victim 'Golden-City Attnys Office
- Page 2 o f 2 w

Exhibit 4

U* + / Z . O .
1 . U i sJ

f U ^ L W -t (

i M U i-

. .i .: '
{; ,.
V;- Affidavit o f TwiJa Y. Markham

Cornes now T w iiaY ,^ t#fcffi and swears under penalty of perjury:


1. That I a,Hi the

Gerald Markham and have been since July 6,1.983,

2. -That my d o m ii|||^ sid im ce a n d


my.."
Kodiak 99615 and has been since w e have
been m a r ^ f ^ v b v e r he Owned that properly before we w ere married and
j have nb bwn^r||dip interest in if or the lots adjacent to it which he.
su b se q u e n t ^ |^ ir e d in his own sole name, I accordingly have no interest iii
the
property,.
3, That ? inyoke .^|>hysician-patient ptlvilege to the fullest extent o f the law to
all my m H it^ lr ^ r d s and all the confidential communications made by my
physicians in hfe|ti'esence fertile purpose o f my diagnosis and treatment and
d lfe^ th em a ^ ||im m o t to mveal same unffi I am satisfied that
are
relevanttoani'pibceedings involving the taxation o f his property and
. adequate prb^c^phs are in place to tlie protect my right to privacy in them.
4 , That I sim ilaffeivO ke m y Husband -W ife Privileges to his testim ony as to
any commuh?||ii:ohs between us.
Dated

rddy of^|ijdi;2012 at Seattle, WA

Twila Y. Markham

TO BEFORE ME this i l L o f April, 2013 at Seattle, WA

SEAt:

' J ?
\

"V...
J 's tS ''

fo lW Lee
NOTARY PUBLICin and or Washington
MyCommissjon x p ire s _ j% jj& ^ ns-

U z.

You might also like