Transcript of document filed January 20, 2002.

IN THE SUPERIOR COURT OF CLARK COUNTY, WASHINGTON

In the Matter of the Estate

of
ALVINA M. ROLOFF,

Deceased.

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No. 01 4 00145 1

DISCOVERY GRANTED BY THE COURT ON NOVEMBER 16, 2001, PART I

TO: MARIE A. CHEATHAM
15607 NE 270th Circle
Battle Ground, Washington 98604

  1. Whereas requests for discovery were filed with the Court on November 13, 2001 (see Exhibit "A") and approved by Honorable Judge ROGER A. BENNETT on November 16, 2001 (see Exhibit "B").
  2. Whereas the documents you provided only comprise about ten percent (10 %) of the documents requested. We hereby reiterate our requests for discovery.
  3. From page three of the document specified in Exhibit "A", lines eleven through seventeen, we quote verbatim "We hereby request the Court to compel the Personal Representative, MARIE A. CHEAHAM, to make available to the heirs the original or certified copies of documents, namely the handwritten check registers, cancelled checks, the personal diaries, all investment accounts, all bank accounts, and other written documents of ALVINA M. ROLOFF for review and copying."
  4. With her letter to MICHAEL E. ROLOFF dated November 19, 2001, JILL R. KURTZ provided some of ALVINA M. ROLOFF's checking account statements for one checking account, some of ALVINA M. ROLOFF's savings account statements for one savings account and some copies of cancelled checks for one checking account.
    1. None of these documents were originals or certified copies.
    2. We have not received any documents directly from you.
  5. The account numbers on ALVINA M. ROLOFF's checking (see Exhibit "C") and savings (see Exhibit "D") accounts do not match the account numbers on the signature card account number column (see Exhibit "E") that JILL R. KURTZ provided as proof of joint-account-with-right-of-survivorship.
    1. In her letter dated July 25, 2001 (see Exhibit "F") JILL R. KURTZ
      1. provided a copy of above said signature card (see Exhibit "E") to DOUGLAS O. WHITLOCK who in turn sent it to DAVID S. VAN BEEK,
      2. and she stated "All the bank accounts passed with right of survivorship to Marie Chetham."
      3. It was implied that the copy of the signature card was proof that all the bank accounts passed with right of survivorship.
      4. The specific bank accounts were not identified.
    2. You have not provided proof that ALVINA M. ROLOFF's checking account and savings account for which JILL R. KURTZ provided information named you as joint owner with right-of-survivorship. How can one signature card apply to two separate and distinct financial institutions?
    3. There are several other issues with the signature card that you provided.
      1. There is no bank name or address.
      2. It was not a certified copy.
      3. It appears to be over ten years old assuming that it was created when the first two accounts, a CD and savings, were opened on 1-18-91.
      4. It appears that the document was signed 1-18-91, when the first two accounts were opened.
      5. Two additional accounts, a CD and checking, were opened 7-23-91.
        1. The entries for these two lines were handwritten.
        2. It does not appear that the signatures were made on 7-23-91 because all account information would have been typed.
  6. Documents to identify sources of deposits for ALVINA M. ROLOFF's Washington Mutual checking account were not provided.
    1. Merriam-Webster's Collegiate Dictionary defines "register" as "a written record containing regular entries of items or details".
    2. In the absence of other records, ALVINA M. ROLOFF's diaries are considered her financial register as well as containing other items or details.
    3. You have already documented seven financial entries in ALVINA M. ROLOFF's diaries.
      1. November 4, 2000 (See Exhibit "M") contains six entries referring to financial activities as follows:
        1. "Loan 8000.00 to Dan for truck",
        2. "Deposit Check",
        3. "Bought crocus",
        4. "Lunch Prairie Tavern",
        5. "Bought more crocus" and
        6. "Haircut".
      2. December 20, 2000 contains an entry referring to a financial loan. See Exhibit "N".
  7. Documents to identify sources of deposits and who made withdrawals to/from ALVINA M. ROLOFF's savings accounts were not provided.
  8. The personal diaries of ALVINA M. ROLOFF were not provided.
  9. Details of ALVINA M. ROLOFF's investment accounts were not provided.
  10. ALVINA M. ROLOFF's insurance policies information was not provided.
  11. ALVINA M. ROLOFF's credit card statements and receipts were not provided.
  12. ALVINA M. ROLOFF's Federal Tax Returns with the supporting documentation were not provided.
  13. Regarding ALVINA M. ROLOFF's Columbia Credit Union account number 80286 in the second half of year 2000.
    1. Statements for the second half of year 2000 were not provided as well as other months were not provided.
    2. You did not provide any proof of right-of-survivorship for this account.
    3. You did not provide copies of withdrawal and deposit documents.
  14. The time period for information requested was starting from nineteen hundred and ninety-one (1991). This year was specified at the hearing on November 16, 2001. The earliest date on the checking account provided was January 1999. The earliest date on the savings account provided was March 1999.
  15. Other financial documents or documents related to financials were not provided.
    See below for more details of ALVINA M. ROLOFF's documents requested.
  16. You have not provided credible proof of repayment of the eight thousand dollar ($ 8,000) loan to buy your new Ford F250 4x4 extended cab Triton V10 pickup truck with canopy, MSRP $37,000, that ALVINA M. ROLOFF made on November 4, 2000 (check number 4962).
    1. You did not show any cancelled checks that prove repayment.
    2. The uncertified copy of an alleged copy of ALVINA M. ROLOFF's diary that has a terse notation "Dan paid loan" is not a credible proof of forgiveness of the balance of the loan.
    3. ALVINA M. ROLOFF's signature on said check is different from the preceding and following checks.
    4. If you were able to repay the majority of the loan within one month it was not really necessary for you to obtain the loan.
  17. At the hearing on November 16, 2001 with Honorable Judge ROGER A. BENNETT presiding, JILL R. KURTZ, your attorney, stated "She is not a beneficiary under this Will. Her mother had conveyed a home to her back in ninety-one and I think that was her thinking in her Will to give the other half to her son and to the grandchildren."
    1. JILL R. KURTZ's reference to the "other half" implies that the home was half of the value of the assets and the assets other than the home were the other half that she intended to be given to her son and grandchildren.
    2. It is significant that JILL R. KURTZ, your attorney, offered this insight into ALVINA M. ROLOFF's intentions because JILL R. KURTZ is the sister of PETER JACKSON, who worked with ALVINA M. ROLOFF on multiple occasions starting in nineteen hundred and ninety-one (1991) for the purpose of creating two power of attorney documents and two Last Will and Testament documents.
    3. JILL R. KURTZ and PETER JACKSON work in the same office in Battle Ground, Washington. Therefore, JILL R. KURTZ, your attorney, had reliable information regarding the intention of ALVINA M. ROLOFF.
    4. This equal-distribution intention is consistent with the written Last Will and Testament of ALVINA M. ROLOFF dated nineteen hundred and seventy-seven (1977) in which she states that the assets shall be distributed "share and share alike". (See Exhibit "G")
    5. This equal-distribution intention is consistent with the written Last Will and Testament of ELMER E. ROLOFF dated nineteen hundred and seventy-seven (1977) in which he states that the assets shall be distributed "share and share alike". See Exhibit "H".
  18. Other heirs of the Estate of ALVINA M. ROLOFF want to review the documents that we have requested. See Exhibit "I", Exhibit "J" and Exhibit "K".
    1. We have coordinated our requests so that you would not need to provide the same documents to five separate heirs living in different parts of the country.
    2. Your previous time-limited, locus-limited and content-limited offer to provide review of documents is totally unworkable for heirs living in Texas, New York, Hawaii and Seattle, Washington.
    3. The only workable way to accomplish multi-party, multi-location review of documents is by copying and mailing the documents to each party
  19. You used ALVINA M. ROLOFF's telephone and impersonated ALVINA M. ROLOFF to conduct financial transactions.
    1. On or about February 5, 2001, you purchased airline tickets for your two daughters (Johanna Bice and Jessica Cheatham) using ALVINA M. ROLOFF's credit card.
    2. ALVINA M. ROLOFF was not mentally competent at this time and could not have granted you permission to use her credit card and impersonate her.
    3. You had unrestricted physical access to her telephone, residence and financial documents twenty-four hours a day, seven days a week.
      1. You had the keys to ALVINA M. ROLOFF's residence.
      2. You were living in a residence adjoining ALVINA M. ROLOFF's residence with an inside door connecting her residence and your residence.
      3. You knew her social security number, her date of birth, her mother's maiden name and every other personal information required to convince a person over the telephone that you were ALVINA M. ROLOFF.
    4. The CALLER-ID feature would show ALVINA M. ROLOFF's name and telephone number when you use her telephone.
    5. These facts would be enough to convince anyone on the other end of the telephone that you were ALVINA M. ROLOFF.
    6. This raises the question of how many other times did you use ALVINA M. ROLOFF's telephone to conduct transactions in her name?
    7. For this reason we consider ALVINA M. ROLOFF's telephonic records to also be her financial records.
    8. Furthermore, it may become an issue as to how you paid for the credit card charge which documents the airline tickets that you bought for your two daughters using ALVINA M. ROLOFF's credit card.
    9. The Manulife Financial Annuity Contract Number 002091865 dated 4/5/1999 indicates that telephonic transactions were allowed.
  20. There are different sources for the documents requested below and therefore different time constraints on obtaining those records.
    1. We have no intention to create a burden by means of unreasonable time schedule for the delivery of these documents.
    2. On the other hand, it has been over nine months since most of these documents were first requested, and apparently you have not made any effort to obtain many of them.
    3. We offered to obtain the documents at our own expense and on or own time if you would grant us the authority to do so. (See Exhibit "L".) You refused to grant us the authority to do this.
  21. Please provide the following documents to MICHAEL E. ROLOFF at his mailing address 11004 SW 37th Avenue, Portland, OR 97219-7403:
    1. The original personal diaries of ALVINA M. ROLOFF for the years 1989 (nineteen eighty-nine) through 2001 (two thousand and one). The original diaries will be returned after we have examined them. Copies of the diaries are not acceptable. Since ALVINA M. ROLOFF used a one-book-per-year diary there should only be thirteen diaries involved. If there are more diaries than this, please include them. The cost of shipping via UPS should be less than ten dollars, so this is not a cost or time burden on you. Since these diaries are in your possession there should be no delay in mailing them. Please mail them within seven days of your receipt of this document.
    2. Re: Washington Mutual Account Number 524-001288-1
      1. Please provide the original canceled checks, not copies, for check numbers 4961, 4962 and 4963. These will be returned to you after we have examined them. Please send them in the same package as the personal diaries.
      2. Please request the bank to mail the following items directly to MICHAEL E. ROLOFF.
        1. Copies of deposit slips and items deposited since the opening of the account.
        2. Copies of account opening records.
        3. Copies of original and amended signature card and other records.
    3. Re: Columbia Credit Union Account Number 80286
      1. Please request the Credit Union to mail the following items directly to MICHAEL E. ROLOFF.
        1. Copies of account opening records.
        2. Copies of original and amended signature card and other records.
        3. Copies of deposits and withdrawals since the opening of the account.
    4. Re: Federal Tax Returns
      1. Please mail copies, certified or not, of ALVINA M. ROLOFF's Federal Tax Returns and supporting documents for the years 1989 through 2001, or the years in your possession, to MICHAEL E. ROLOFF.
      2. Please include these items with the personal diaries.
      3. Please include ALVINA M. ROLOFF's Federal Tax Returns that are in the files of JACKSON, JACKSON & KURTZ, INC.
    5. Re: the anonymous bank signature card (Exhibit "E")
      1. Please request the bank to mail copies of the signature card and information related to the accounts on the signature card directly to MICHAEL E. ROLOFF.
    6. Re: Security Pacific Bank Savings Account Number 145-4001160
      1. Please request the bank to mail the following items directly to MICHAEL E. ROLOFF.
        1. Copies of account opening records.
        2. Copies of original and amended signature card and other records.
        3. Copies of deposits and withdrawals since the opening of the account.
    7. Re: Security Pacific Bank Money Fund/Checking Account Number 145-5001094
      1. Please request the bank to mail the following items directly to MICHAEL E. ROLOFF.
        1. Copies of deposit slips and items deposited since the opening of the account.
        2. Copies of checks written since the opening of the account.
        3. Copies of account opening records.
        4. Copies of original and amended signature card and other records.
    8. Re: Manulife Financial Annuity Contract Number 002091865 dated 4/5/1999
      1. Please request Manulife Financial to mail the following items directly to MICHAEL E. ROLOFF.
        1. Details of financial transactions.
        2. Details of amendments to the original contract.
    9. Re: Jackson National Life Insurance Company Annuity Number 0037381320 dated October 25, 1994
      1. Please request Jackson National Life Insurance Company to mail the following items directly to MICHAEL E. ROLOFF.
        1. Details of financial transactions.
        2. Details of amendments to the original contract.
    10. Re: Security First Life Annuity Account Number A2006182
      1. Please request Security First Life to mail the following items directly to MICHAEL E. ROLOFF.
        1. Copies of opening account(s).
        2. Details of financial transactions.
        3. Details of amendments to the original contract.
    11. Re: ALVINA M. ROLOFF's accountant's records (MICHAEL J. GRAVES, 1513 16th Street, Anacortes, Washington 98221, telephone 360-588-8077)
      1. Please request Mr. Graves to mail the following items directly to MICHAEL E. ROLOFF.
        1. Copies or computer printouts of all records.
    12. Re: ALVINA M. ROLOFF's financial investment broker's records (BILL BRYANT, Bryant and Associates, Suite 165, 8100 NE Parkway Dr, Vancouver, WA 98662, fax: 360-254-8189)
      1. Please request Mr. Bryant to mail the following items directly to MICHAEL E. ROLOFF.
        1. Details of all financial instruments opened and closed.
        2. Details of financial transactions.
        3. Details of amendments to the original instruments.
    13. Re: UNUM AMERICA Insurance Policy Number 182IND00509559
      1. Please request UNUM AMERICA to mail the following items directly to MICHAEL E. ROLOFF.
        1. Details of the contract.
        2. Details of financial transactions.
        3. Details of amendments to the original contract.
    14. Re: ALLIED INSURANCE Policy Number 97301-7627
      1. Please request ALLIED INSURANCE to mail the following items directly to MICHAEL E. ROLOFF.
        1. Details of the contract.
        2. Details of financial transactions.
        3. Details of amendments to the original contract.
    15. Re: CSE INSURANCE GROUP Policy Number WAA0886995
      1. Please request CSE INSURANCE GROUP to mail the following items directly to MICHAEL E. ROLOFF.
        1. Details of the contract.
        2. Details of financial transactions.
        3. Details of amendments to the original contract.
    16. Re: SECURE HORIZONS Insurance Policy Number 2153362-01
      1. Please request SECURE HORIZONS to mail the following items directly to MICHAEL E. ROLOFF.
        1. Details of the contract.
        2. Details of financial transactions.
        3. Details of amendments to the original contract.
    17. Re: ALVINA M. ROLOFF's telephonic records for telephone number 360-687-0212.
      1. Please mail the following items directly to MICHAEL E. ROLOFF.
        1. Original telephone records in your possession. Copies are not acceptable.
        2. Originals will be returned to you after we have examined them.
        3. Please include these with the personal diaries.
      2. Please request the telephone company to mail the following items directly to MICHAEL E. ROLOFF.
        1. Telephone records that you have not sent directly to MICHAEL E. ROLOFF.
  22. Re: CLARK PUBLIC UTILITIES account number 632-0450-002
    1. Please request CLARK PUBLIC UTILITIES to mail the following items directly to MICHAEL E. ROLOFF.
      1. Copies of all statements since the account was established but not including statements after February 2001.
  23. We will pay the cost of creating records that each entity or person shall mail directly to MICHAEL E. ROLOFF. Payment will be made directly to the associated entity or person.
  24. Please copy MICHAEL E. ROLOFF on each request for records and mail it to him at approximately the same time as notifying each entity or person.
  25. Each request is separate from the other, therefore please do not withhold compliance with any request based on any separate request.
  26. Please notify MICHAEL E. ROLOFF in writing within ten days after receiving this document regarding any request herein that you decline or shall decline to comply with.
  27. Attachments:

Exhibit "A": Requests for discovery filed with the Court on November 13, 2001.

Exhibit "B": Requests for discovery approved by Honorable Judge ROGER A. BENNETT on November 16, 2001.

Exhibit "C": One statement from ALVINA M. ROLOFF's Washington Mutual checking account period ending 2-24-99.

Exhibit "D": One statement from ALVINA M. ROLOFF's Columbia Credit Union savings account period ending 31MAR99.

Exhibit "E": Anonymous bank signature card provided by JILL R. KURTZ.

Exhibit "F": Letter dated July 25, 2001 from JILL R. KURTZ.

Exhibit "G": Last Will and Testament of ALVINA M. ROLOFF dated March 11, 1977.

Exhibit "H": Last Will and Testament of ELMER E. ROLOFF dated March 11, 1977.

Exhibit "I": Letter from Cindy Saiki dated November 12, 2001.

Exhibit "J": Letter from Lisa Ferrell 11/13/01.

Exhibit "K": Letter from Dr. Y. Chen, M.D. Ph. D dated 11/12/01.

Exhibit "L": Letter from MICHAEL E. ROLOFF dated October 1, 2001.

Exhibit "M": Alleged page from ALVINA M. ROLOFF's personal diary containing November 4, 2000 provided by JILL R. KURTZ.

Exhibit "N": Alleged page from ALVINA M. ROLOFF's personal diary containing December 20, 2000, provided by JILL R. KURTZ.

 

 

DAVID S. VAN BEEK

MICHAEL E. ROLOFF

 

Date: _________________________ Date: _________________________________