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THE HONORABLE CAROL A. SCHAPIRA HEARING DATE: July

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FILED 12 JUL 09 AM 9:00 1 THE HONORABLE CAROL A. SCHAPIRA KING COUNTY SUPERIOR COURT CLERK 2 HEARING DATE: July 10, 2012 at 3:30 p.m. E-FILED CASE NUMBER: 12-2-21829-3 SEA 3 4 5 6 7 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 8 GEOFF TATE and SUSAN TATE , a No: 12-2-21829-3 SEA married couple 9 DECLARATION OF COUNSEL, 10 Plaintiffs, v. THOMAS T. OSINSKI JR. 11 EDDIE JACKSON and TERESA 12 GOLDEN-JACKSON , a married couple; SCOTT ROCKENFIELD and MISTY 13 ROCKENFIELD , a married couple; MICHAEL WILTON and KERRIE LYNN 14 WILTON , a married couple; TRI-RYCHE, CORPORATION , a Washington 15 corporation; QUEENSRYCHE MERCHANDISING, INC ., a Washington 16 corporation; and MELODISC LTD ., a 17 Washington corporation. 18 Defendants. 19 20 I, Thomas T. Osinski Jr., attorney for the above named Defendants, declare as 21 follows: 22 1. I am the counsel of record for the Defendants in this action. 23 2. Attached hereto as Exhibit 1 is a true and correct copy of the 1989 24 Queensryche Partnership Agreement. 25 DECLARATION OF COUNSEL, THOMAS T. Osinski Law Offices, P.L.L.C. OSINSKI JR. - 1 of 3 535 Dock St. Suite 108, Tacoma, Washington 98402 Tel (253) 383-4433 | Fax (253) 572-2223 | [email protected] 1 3. Attached hereto as Exhibit 2 are true and correct copies of the original 2 copyright registrations for all songs through the Empire album. 3 4. Attached hereto as Exhibit 3 are true and correct copies of the revenue 4 reports for Queensryche entities from 2006 to 2011. 5 5. Attached hereto as Exhibit 4 is a true and correct copy of the June 26, 6 2012, Rolling Stone magazine interview with Geoff Tate. 7 6. Attached hereto as Exhibit 5 is a true and correct copy of the June 9, 8 2012, ClassRockRevisited.com article on Rising West. 9 7. Attached hereto as Exhibit 6 is a true and correct copy of the June 22, 10 2011, Gibson.com article on Queensryche’s Geoff Tate. 11 8. Attached hereto as Exhibit 7 is a true and correct copy of the 12 UnratedMagazine.com interview with Geoff Tate. 13 9. Attached hereto as Exhibit 8 is a true and correct copy of the November 14 21, 2007, SleazeRoxx.com interview with Geoff Tate. 15 10. Attached hereto as Exhibit 9 is a true and correct copy of the Minutes of 16 the Queensryche Entities Directors Meeting of May 8, 2012. 17 11. Attached hereto as Exhibit 10 is a true and correct copy of the Minutes of 18 the Queensryche Entities Directors Meeting of June 2, 2012. 19 12. Attached hereto as Exhibit 11 is a true and correct copy of the TriRyche 20 Corporation Shareholders Agreement of 1994. 21 13. Attached hereto as Exhibit 12 is a true and correct copy of the 22 Operation:Mindcrime Movie Option Agreement between Geoff Tate and Zoetifex 23 Studios. 24 25 DECLARATION OF COUNSEL, THOMAS T. Osinski Law Offices, P.L.L.C. OSINSKI JR. - 2 of 3 535 Dock St. Suite 108, Tacoma, Washington 98402 Tel (253) 383-4433 | Fax (253) 572-2223 | [email protected] 1 I declare under penalty of perjury of the laws of the State of Washington that the 2 statements as provided herein are true and accurate. 3 SIGNED this 7th day of July, 2012, at Tacoma, Washington, in Pierce County. 4 OSINSKI LAW OFFICES P.L.L.C. 5 6 Thomas T. Osinski, Jr., Esq. 7 Attorney for Defendants 8 WSBA #34154 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DECLARATION OF COUNSEL, THOMAS T. Osinski Law Offices, P.L.L.C. OSINSKI JR. - 3 of 3 535 Dock St. Suite 108, Tacoma, Washington 98402 Tel (253) 383-4433 | Fax (253) 572-2223 | [email protected] Concert Review: Rising West http://www.classicrockrevisited.com/concertrisingwest.htm News Interviews Reviews Concert Reports Giveaways Rock Shop About Us Contact Us Links Mailing List Home Join Our Mailing List Rising West Live in Seattle Join Our Mailing List Rising West Hard Rock Cafe Seattle, Wa Saturday, June 9, 2012 By: David Resch Set List: Queen of the Reich| Speak | Walk in the shadows | Enforce | Child of Fire | The Navigation Whisper | Warning |The Needle Lies |/Take Hold of the Flame | Prophecy | My Empty Room | Eyes of a Stranger News Encore: Interviews Wrathchild | Roads to Madness Reviews Concert Reports Rock Shop Auction Giveaways Crossword Puzzle About Us Links Contact Us Home Merchandise ♫ APPAREL ♫ BIG MEN'S APPAREL ♫ INFANT BAND APPAREL ♫ HATS, CAPS & BEANIES ♫ BELT BUCKLES As the sold out crowd gathered in front of the Hard Rock, near the waterfront, and the ♫ CUPS, MUGS & GLASSES infamous Pike's Place Market (where they throw the fish for the tourists) in beautiful Merchandise downtown Seattle, a palpable sense of excitement and anticipation could be felt. There have been many strange goings on in the Queensryche camp the last couple of months, ♫ LIGHTERS ♫ APPAREL ranging from stories of a physical confrontation between Geoff Tate and other members, in Brazil, while on tour, to their musically excellent, but visibly awkward and strained ♫ BLANKETS ♫ BIG MEN'S APPAREL nationally televised performances recently at the M3 festival in Maryland and Rocklahoma. Little to no eye contact or interaction between the band, and Tate telling the crowd in ♫ WALL ART ♫ INFANT BAND APPAREL Oklahoma that "they sucked" before leaving the stage towards the end of the last song and not coming back for any kind of curtain call, encore, or bows. ♫ NOVELTY ITEMS ♫ HATS, CAPS & BEANIES ♫ SHEET MUSIC & SONG With the once mighty Queensryche seemingly in shambles, it was recently announced that ♫ BELT BUCKLES BOOKS founding members Michael Wilton, Eddie Jackson, Scott Rockenfield, and recent addition Parker Lundgren (guitar) were forming a "side project" with Crimson Glory singer Todd ♫ CUPS, MUGS & GLASSES LaTorre, to be called "Rising West". There seems to much conflicting information as to whether this will be the new Queensryche, or if Tate and the rest of the band will be able to ♫ LIGHTERS patch things up eventually, but for now, the members of Rising West have pledged to go 1 of 2 7/3/2012 4:45 PM Concert Review: Rising West http://www.classicrockrevisited.com/concertrisingwest.htm out on the road performing nothing but early Queensryche songs, with plans to enter the ♫ BLANKETS studio and record an album in the near future. ♫ WALL ART If the blistering performance this weekend at a sweltering Hard Rock, in front of 500 rabid hometown Queensryche fans ( and a few who flew in from places like Japan), this is going ♫ NOVELTY ITEMS to be a band to reckoned with. True to their statement that they wished to get back to the melodic, heavy, yet progressive style of their earlier albums, they launched into "Queen of ♫ SHEET MUSIC & SONG __________________ the Reich" from the first EP and for the next 90 minutes or so, had the crowd in the palm of BOOKS their hands. When LaTorre cut loose with the first of many incredible bursts of powerful screams and high notes in the first minute or so, a roar of approval could be heard. Geoff Tate has been one of the best singers in the history of hard rock/metal for almost 30 years now, and still possesses an incredible voice, if not quite as strong as it was in his youth, but in Todd LaTorre, Rising West/Queensryche have found quite a replacement. Promote Your Business It is hard to pick out highlights from the set, as the band was on fire all night, but if I had 14 Ideas for to, I would single out The Warning, Take Hold of the Flame, Prophecy, and the encore of Promoting Your the Iron Maiden classic "Wrathchild," as well as an amazing "Roads To Madness." Small Business - Download Our The rhythm section of Rockenfield and Jackson deftly made their way through the complex Guide Now! changes, Michael Wilton skillfully laid down the intricate, powerful guitar parts and solos he PRWeb.com and ex-partner Chris DeGarmo are so well known for, and relative newcomer Lundgren (who is only in his mid 20's and Tate's ex- son in law....awkward) more than rose to the occasion, layering rhythm guitar parts and joining Wilton here and there in swirling leads Medical Coding and harmonies. Degrees Earn your Medical Although the random keyboard parts and samples, and even some of the back up vocals Coding Degree are on hard drive, Jackson and Lundgren are both capable back up singers, and combined 100% online. with LaTorre, the famous Queensryche vocal power was in full effect. Financial Aid. www.DiscoverUniversity … It was such a rare treat to see a big time, legendary band in such a small, intimate venue, AWeber Email and if this night is any indication, Rising West, or whatever they end up calling themselves, Marketing has the potential to be a welcome, powerful addition to the hard rock/metal/progressive 99.34% Email scene. I, for one, am very much looking forward to what they come up with. Delivered-So Confident You Can Try It For $1. Free VISIT THE ROCK SHOP FOR ROCKIN MERCHANDISE Support www.AWeber.com Camtasia Studio Create Amazing Screencasts Faster. It's Very Easy. Free 30 Day Trial! TechSmith.com/Camtasia ♫ APPAREL ♫ INFANT BAND APPAREL ♫ BIG MEN'S APPAREL ♫ HATS, CAPS & BEANIES ♫ BELT BUCKLES ♫ CUPS, MUGS & GLASSES ♫ LIGHTERS ♫ BLANKETS ♫ WALL ART ♫ NOVELTY ITEMS ♫ SHEET MUSIC & SONG BOOKS 2 of 2 7/3/2012 4:45 PM Queensrÿche’s Geoff Tate: ‘Rock is Pretty Much Dead’ http://www2.gibson.com/news-lifestyle/news/en-us/queensryche-0719-20..
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  • DECLARATION of MICHAEL WILTON 10 V

    DECLARATION of MICHAEL WILTON 10 V

    FILED 12 JUL 09 AM 9:00 1 THE HONORABLE CAROL A. SCHAPIRA KING COUNTY 2 Hearing: 3:30SUPERIOR pm July COURT 10, 2012 CLERK E-FILED CASE NUMBER: 12-2-21829-3 SEA 3 4 5 6 7 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 8 GEOFF TATE and SUSAN TATE , a married No: 12-2-21829-3 SEA couple 9 Plaintiffs, DECLARATION OF MICHAEL WILTON 10 v. 11 EDDIE JACKSON and TERESA GOLDEN- JACKSON , a married couple; SCOTT 12 ROCKENFIELD and MISTY ROCKENFIELD , a married couple; MICHAEL WILTON and 13 KERRIE LYNN WILTON , a married couple; TRI-RYCHE, CORPORATION , a Washington 14 corporation; QUEENSRYCHE MERCHANDISING, INC ., a Washington 15 corporation; and MELODISC LTD ., a Washington corporation. 16 Defendants. 17 18 Under penalty of perjury under the laws of the State of Washington, I, Michael Wilton, 19 declare: 20 I am the guitarist and founding member of the band Queensryche, which was formed in 21 1982. 22 I grew up in San Francisco, California, and moved to Seattle when I was 6 years old. My 23 earliest memories of growing up were going to outdoor concerts in San Francisco with my father 24 25 DECLARATION OF MICHAEL WILTON - 1 of 26 Osinski Law Offices, P.L.L.C. 535 Dock St. Suite 108, Tacoma, Washington 98402 Tel (253) 383-4433 | Fax (253) 572-2223 | [email protected] 1 and seeing the great bands of the late 60s. My father also introduced me to all types of music, 2 specifically jazz. Music was a big part of my upbringing and still is to this day.