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Home My WebLink About92-4411 AS OF CASE# 9d. - ~ HAS BEEN SCANNED. ALL EARLIER FILINGS TO THIS CASE HAVE BEEN MICROFILMED. rr ,. RICKY JOE FURBY, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 1992 - 4411 ROXANE PACE , Defendant/Respondent : CIVIL ACTION - DIVORCE PETITION FOR CONTEMPT AND NOW, comes the Petitioner, Ricky Joe Furby, by and through his attorney, Galen R. Waltz, who brings this petition for contempt and avers as follows: 1. Petitioner, Ricky Furby, resides at 11005 Matthews Road, Moss Point, Mississippi, 39562-7995. 2. Respondent, Roxane Pace, 2119 Pine Road, Newville, Pennsylvania, 17241. 3. This Honorable Court entered a Decree in Divorce on June 8, 1993. Attached as Exhibit "A" and incorporated herein as if fully set forth. 4. The Commonwealth of Pennsylvania has jurisdiction of all matters arising out of the June 8, 1993 Decree in Divorce. (Exhibit "A", specifically at paragraph 19, attached and incorporated herein as if fully set forth). 5. Specifically at paragraph 11, Child Support, subparagraph C, of the June 8, 1993 order it states: "The parties shall share in the cost of each child's higher education based upon a ratio of their net incomes. Higher education shall include four years of undergraduate education at an accredited college or university, to be completed by age we. All payments shall be determined after credit for any other source of income to the child, including the child's earnings, grants, and scholarships." II ~ 6. Petitioner/Plaintiff has paid $4,897.44 toward Jessica Furby's secondary education tuition. (Exhibit "B" attached and incorporated herein as if fully set forth.) 7. Petitioner/Plaintiff has paid $13,000 toward Jenna Furby's miscellaneous secondary education expenses. 8. Petitioner/Plaintiff has paid $1,581.51 toward Jessica Furby's miscellaneous secondary education expenses 9. Petitioner/Plaintiff previously contacted Respondent/Defendant for reimbursements of monies that he had put toward the children's secondary education. 10. Respondent/Defendant did not compensate Petitioner/Plaintiff for any monies paid in accordance with the June 8, 1993 Decree in Divorce, Petitioner/Plaintiff has refused to reimburse Respondent/Defendant for her share of the ongoing expenses. 11. Respondent/Defendant retained Galen R. Waltz, Esq. on or about December 5, 2005 in hopes of amicably settling the matter of educational expenses. 12. Petitioner/Plaintiff retained Jacqueline M. Verney, Esq. on or about December 27, 2005. 13. Mr. Waltz and Ms. Verney have been communicating between themselves in the hopes of settling the matter of educational expenses for approximately 10 months. II 14. Petitioner/Plaintiff requested that Respondent/Mother send to his attorney all Tax filings of the year 2003 to the present, in order to determine the ratio of income between the two so that the educational expenses can be divided between them. 15. Respondent/Defendant has failed to provide the requested documentation to Petitioner/Plaintiff or his attorney: amount of rental income and alimony pendente lite received as well as the amount Respondent/Defendant is to be paid as a teacher during the 2006-2007 school year. 16. Petitioner/Plaintiff has paid out significant amount of monies to his attorney Galen R. Waltz, Esq. for his services regarding the settlement of issues relating to the children's educational expenses. 17. Specifically at paragraph 19 of the June 8, 1993 Decree in Divorce, it states: "In the event that either party breaches any provision of this Marital Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof. . ." 18. Petitioner/Plaintiff has made demands upon Respondent/Defendant to reimburse him for the children's post high-school education expenses; Respondent/Defendant has refused to compensate Petitioner/Plaintiff and is therefore in breach of the Marital Settlement Agreement. II . I WHEREFORE, Petitioner/Plaintiff respectfully requests that this Honorable Court find Roxanne Pace in contempt of the June 8, 1993 Decree in Divorce and direct her to remit payment of her share of Jessica and Jenna's secondary educational expenses to Plaintiff/Petitioner. Petitioner additionally requests that this Honorable Court order and direct Roxanne Pace, Defendant/Respondent to pay all reasonable costs and attorney fees relative to this petition Respectfully submitted, Dated: J(Jh"? /0 b . a n R. Waltz, Turo Law Offices 28 S. Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff/Petitioner VERIFICATION I verify that the statements made in the foregoing Petition For Contempt are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. / I 6Jc I' 06 Date t:~~pL~ :i~X~~~.Xk~:3IK~"::.x~ -, ~. IN THE COURT OF COMMON PLEAS OF CUMBERLA'ND 'COUNTY STATE OF .:;';PENNSYLVAN;A. \ ROXANE PACE FURBY n n......... "'r"00"""" ..n..;~:~~~~~;'~'" ....'..,. ........ .,. . II ....... "" _... ........ po.. T' _OP ...__...~..... ................. ..__.. ........... .......-............. ...... ...... .-.. ..ll....... t ." No. .4!111........;.... .Ci:v.i~... 19 92 . ...... . '" . , . "",." ...'......" ;:~.:)r.~~?!,; f>:' ;!"?F;;l;r"t! ,,'.,',,1 :,::;::'. " . -:.' . , :':, ,y, /~..~;:;~tVersus' ',' :'>?~::t~:,~<,,:'~~'>'t,:::f::-:::~~;:': RICKY JOE FURBY , "-.' ., ..:' :>-:. ". ':'~:,;,' __ op_ _. .. .. ...... .___ ..____.... .......... "'... _....... ......- - .'P.. :..-..--........ .. ........ ..... ....-.. -- -..... . ' , .~._..._ .......... ...~::'m....;.._:ml).~.f.~~g~nJ;.. .~..----~..:~....~. -.- ' .~. .. .. ~:.; DEe R E E ,I N, .' "~:,, D 'I' v.a ~R "C E" '....:..:'::: , ,,""~~:';NOW t...~.:~ .~<.,~,...::' ~','~ ~!JPf:l. .B".'~<~". "~:. :;. '.~.' ~.~.. 19 93~:'>~ ':~' It' 'ii ord~red and: 00,' ',,~--::,. . ...... . .... .:6. '.' .:~. ..... .:','. . .': \ ... _~ .... ,.' : .::.. :.. .'.J :.. decreed that,' ~" ~ ~'~ ~QW~ .Pi\C.F; .FU.RB~.....~...... ~.. "~'.'-:..:. ".\ p'aint~Ht . ' , Y' ,and. . . .RICKY . JOE . FURBY . . . . . . . . . . . .'.'. . . . . . . . . . . . . . . " . . . . . .'i>,', defendant, . " are divorced from the bonds of. matrimony. . . '. :...., '." ,: . . rrhe....~~~~mber, 23, 1992 Agreemen~o~, ~h:e. part.ies is incorporated' herffi~ .co~~{~~t~i~'; -i~ris.di'~ti'o~-:"~{ the' foJlowi~g ~:i~i~:~\~hi~i(i,-~~;;.'--'~":' been raised o(record in' this' action for which 0 final order has not yet been entered: ,.'" : .' . .. y . . . , . . . . ..: . . .~ .; . ~~ . . . . . . . . . , . . . . . . . . . . . . . . . . .'. . :' ~ . '. . .". .'. . . . . . . . ~ . . . . . . " ... . . . . . . . . . . . . . . . . . . .. . .. .. . . . . ,. . . . 4 ". So . .. ~ " .'. .. . .. . . . . . . . It ..... .. It .. '.::" ...., '': 'f, '. . . .\:...... : ':... . : .~., '. ....., 'l".:' .. "., . .'- .... ". ." . .:( ::~.':. '. ,'~" . .,.~ . ,B y The, C.o U I' t ;" ' .' ";-," ' < .,' . ~' ~ "':/ ,~~, ~ ~.J ~:yE.d9~..a&.~Ba~kj:~.~.:~:"~L.L.~~.~~::E::..~. .~;': :::E:,:... ~.~... ,.",..,,: Atte.t: ." .. .' : -~'. 20 39V'd 9911 S3ldV'.LS 9E1SG9L8GG ~ :, . ~ .", ~ ~ ~ ~ . ~ ~ ~ ~ 8 ,h .,C;"" ~ .'..., ~.. '~ ..~: ~. S ~. .~ ';' ~. , I.' '~ ~ ~ ~ ~ ,- ~ ~ . ~- '~..:." I '. ~ ;~ ~ .. , , '." '~ . ~ j .. a " ~. " 'S 8 ~ MARIT~ SET"I'LEMENT AGREEMENT THIS AGREEMEN"r is made December 23., 1.992, by and between RIC, KY JOE FURBY (herei.nafter referred to as Husband), ~d ROXANE. JI PACE. FURBY' (here.inafter referred to' as Wife). , .' WHEREAS I the p~iea' hereto are. husbancl. and wife, having been marrLed June 12, 1982, Ln Jackson County, .~ssissipp~; and WImR:EAS, there are two children born of: this marria.ge', JeIUla Ashly Furby...and Jessica: Lauren F'1,1rbYi and.' WHEREAS',., certain differences. have ari.sen. between the parties and, as: a. conaeqUence. they l.Lve separat~. and.. apart; and ,WHEREASr. the parti.es wish:. to, set fort~ certain. covenants and u.ndersta.ndi.nqa J:egarclinq~. their separation.. and, theLr respective' ~:'~f property'riqhts.. .. NOW ~REFORB' in considera.tion of the mutual promises and undertakings contained herein,.. the parties: ~~reto, .intend.inq to be. lega.ll.y bound'r-.. covenant and agree as. fol.l.ows.: 1... VOLtm'l'ARY AGImEKEIrr:. It is' acknow1edqed by the. parties that this Marital SettleJDent.Agreement is entered into voluntarily and after due delibera.tion by. each of them:.. Both part~es. ac~ow~edqe' that they have sought and. obtained independent le9'a~. adv.ice from. counsel -~ ... and that they have been du:ly appr.ised' of their. l~qa.~ l?~qhts i that all provisi.ons, of .this: .Marital' Settlement Agreement haire been. .~ fully and' satis:factorily' explained' to them; that they have g.iV'en . ~ . . . .. , , due. consideration to such proyisions~~~d'~erst~d them clearly~ ~: .. . ..~ .,;, -. .1 '_'M, "~'.. . .~:'!-'~:~".- ,-.-~~?-:~'.::-" ': :;:~;.:""-':'._":(': ~.'--:-:::~";': ':.: -'-:-:--;J-- _: :~._~,~.~. ":":"~~ ~.:,.,~ '~:,,~:'-. ...... . . ~..._.. . ~-.:')\. :I A., .., '. - ...... '. .... P0 39'v'd 9911 53ld'v'15 SEtS(;9L8c.c. L1:11 900(;/80/11 that the provisions contained Ln this Marital Settlement Aqreement are in all. respect8 acceptable to them, be.inq fair, adequa-ce, and z:ea,sonable under the circumstances, and that . accordinqly, they consent to all the provisions hereof. 2.. SEPARA.TJ:ON'AND NO!l-INTERFERENCR:. It shall be lawful fOl: Husband and, Wife at all tiJaes, hereinafter to live separate: and apart from each other a.nd to res.ide. froR t.iJne to time at. such. place. or places, as they shall respacti.vel..y. ci.eeJa fit,.. free from., any con9=ol, restrai.nt, or ,. interference,. indirect or ctirect,. from each other. Neither party ~~~~~~ . . sha.ll J1arasa:. the. .other nor compe~ the other to cohabi.t or. dwel-l with hUt or her by any leqal or other groceedi.nq5. The foregoing- proviaioI1& .5ha.ll.not be..taken to be an' adtaission on the part. of either Husband OJ:: Wi.fe. ~f' the lawfulness. or unla.wfulness. of. the causes leadinq them. to live apart. .. 3. CODBNCEMENT' OF" LEGAL -ACTION: The,. parti.es, acknowledqe that an a.cti.on fo:c divorce' between them has been f.iled. by Wife and is presently pending between them ~n th& Court. of Common. Plea.s of CUmberland County at Docket No. 441 Ci.vil 1992. The parties. acknowledge. their intenti.on and .., agreement to proceed in said action to obtain a final decree in divorce- by mutual consent. on the grounds that their marriage. is - -=--- i.rretr.ievably brokenjo. and to settle amicably and fully hereby all clai.:ms ra.ised by either party in the divorce- action. The. parti.es acknow~:..e~ge tJ:1at they nave e.x~uted silnultaneoualy herew~~~ ,the necessary Affidavits of . Consent. for the entry of a finaJ. divorce': , ":. ;:. .. 2 . '. 7:--:.-.... _. . . .~.. -p~ - .... .",:,". ,',. _0 '. ,. .4 ~: /~ .~XC2.:,"?f.r..~.:"?:;:;,.;.~~"f:'.. I. I" . ," '\ . . . I- . ,. . - .. . ~~ :-,'-..:...;,;. . -":..' S13 39'i1d 9S n S3ld'i1.LS SE'tSG9L8GG L't:11 5eeG/8e/11 decree in that action. 4 . TANGIBLE PERSONAL PROPERTY: a. The parties agree to divide their tangible personal property as stated on the attached "Exhibit ~I If and ,I each respective party shall retain title and receLve. possession of the. said items henceforth. b. W~fe' shall have title to the. Chevrolet Van. c.. BU$band shall ha.ve title . to. the' Fo.rd Ranger truck and. t.~ Harley-Davidson motorcycle. ... . d. The parties a.cknowledge tha.t there remains further ~~:~i distribut~on of small items of tanq1ble peraonal p~operty, and. they agree they shall make good faith effort to di.vi.de .., . . ~ .. .. - same' to thei..r mutuai sa.tisfaction.. a...... .. . .0 L ~ ~- . ,'. ..:"", . e... Each of the parti.es shall. !J.ereaftex awn and enjoy, independently of any claim or right, of the- other pctrty I all .. items o'f tanqibi:& personaI" pJ:Operty now:. or hereafter .owned . . .. I: ~ : or held.. by her or him' wi.th full power' to. dispose of the same effectively and' for a.l~ purposes a.6 if she or he were. nnw~'t"ried, subject on~y to the teI:UlS' of' th.is Hari.tal. .....0 Settlement Agreement. f .. ~he Husband shall. be responsible for the cos-ts of - . mov:Ulg.. the tangible property to the. location of Wife t s ~ choice. 5 . . INTJ\HG:tBLE' PERSONAL PROPERTY: -.... a. Wi.fe'8ha.~1 recei.ve all ri.ghtt title and inte~est ... to Summit rnvestor Plan.acoounts' Nos. 7029150021-3 (IRA) and -i':.'":.~ . :" - 3 PI. ~.: '", ',.M',; . .,; :':~f~~f:.,i~:. . .... .. ,. . " . ....... . .. ',., ,,' .::...... I.. ~........:...:....i...../. 'r ;,,~.~.. .....::,' ,_ "". _ T . .. '. ...: .. '- ~ .' . :."' .:' .:.~.~. ,..~~:J;~:~:~ .,.::,', ::. , . " 0 . .~,.. . ....:,'. ..... ':,' .. 913 39lJd 99 n 53ld\t 1.5 9E19~9L800 L1:11 913130/813/11 7029150029-7 (15 Systematic Investment)t State Street Bank and Trust Company, Boston. b., Husband shall rece.ive a11 right, title and ,interest to a1.1 a~counts currently held a.t the Northeastern Bank, Scranton, pennsylvania., c. Husband wi~l remit to the Wife 'the cost,,'to secure hous~ ~ an amount not exceed to: $1,500.00 upon receipt of dislocation allowance. Wife wil~ retu.r:n. to the Husband an amount equal to the. security deposit not later than one year aild o:Qe. 'month from the effective' date of the' lease. d. Wife' hereby releases: any' clai.JJl t~' a.. r.ight, ti tIe ~.1~~1 -"''-40 . or "~interest:. '.in' any :p~nSi.on H~~band; m;,.~:'iia.;;;:'or may secure in , ' the future. Any' death benefi.ts. arisinq from said, pension or . ... ~ . Husband'& mi.1.itazy' service shal~ be pl.aced in a trust to be . ., managed by !t'ommy Fa.rby, Trustee, or other trustee a.greed by the parti.es. e'. Husband and. Wife each warrant to the other that . &. ....... -. . . they now 'have (or at the! time. of their separati.on) no right, tit~e, interest, or control of any mtanqible property not speci.fically p:rovid.ed for h~ein, includinq bank accounts ~ "". . ca8h, mutual funds, bonds, stocks, secur.ities I treasw:y. bills I notes recei vabl~" pens ion and reti..rement ~counts or enti.tlements. -~ 6. REAL PROPE~: Husband and Wife each warrant to the other 'that they now ;"have (or at the time' of their ,separati.on) no" ri:"ght, title.. '.}~. '::-' 4 ~:L,,~ ........ . ..; -. ,. ,.' , ' '. ,:: ."- <l,;:,;;'?~;+.:...?:~~,.... ~,<'<. ~;"~~'0j~"';,::i'f~' ". ... - .:.:: :~ ~::' .....~~.I. . ;': I ~: LO 39\;td 99 n S3-'d\;t is 9E1909L8ll L1:11 9000/80/11 tnterest, O~ control of any real property. 7. HEALTH'INSURANCE AND tlNINSURED EXPENSES': a. Husband agrees. that the Wife and chi.ldren shall continue to be entitled to the use and enjoyment ,?f all. I medi.cal and denta.l services." commissary and post exchange services, and othe~ services allo~d' to them as a. result of the Husba.nd being in the United. States.. Al:IIty,' provided they qua~;lfy for.. these . be~ef.its as, dete~ed by applicable A1:med Forces entit~ement, laws. and regulations. . The, Wife shall use . ~ ' mi.l.itcu:y fa.cil.i.ties:. or CRAMPUS aa app1.icabl&whenever J possi.ble ~or...the~ hea~th ~ar~: of, he:c;., daughters.' and ,herae1t. ~pon.. the f.in.a.l.. dea:re~,. of' divoxce,.' there benefitS;. sha.J.l teDDi.nate to.;. the. Wi..fe but shaJ.l. continue for her children y . ~.~.,;j:;''l ,.....~. until, they are ~manci.pated:. . The: Pa.r:ties. shall consult. with each other before obtai.ninq any trea.tment for their daughte~s' e%cept . routine;: treatment'''such:: as. check-ups. and: 5ch~o~. physicals,.. ~d.. emergency. trea.tment. If the Husband' a coverage'based upon, military service is. t~rmLnated for any rea.son,. the. parti.es'. a.gree that each' 5hal~ attempt to cover the. children under their then. employer :sponsored plan.. If ... . . nei..ther have an employer sponsored plan, the. .parties agree to obta.in health. .insurance for the.. children and .split the cost. of sa.id. iIl5uxance' in, the same rat.io a.s. their net ,income .0', :-;~ at tha1;; period.. Any cost, for mectiaa~ or d~nta.l expenses of the chi.~dren that is' not covered by insurance shall be :..~ ... divided proport,ionally in the same rat.ion as the parties net .fro ...-;: I. ". .' '.~ ;", 5 ., ft_ . .:~. ':" .J~' _. . .. "-~'''. ~"::::"'" ", '.: ~fi. ::'-"~~:~:>1::.' ;'-. .' . "~' 'I' . . ....... . . ~..~ . tAo .". ,.. .. . ,^,~",..- . " .... ~. ";'. '. ,'...; ;~ , ' \.: 813 39'Vd 99n S3ld'V1S 9Et9l9L8ll Lt:tt 913130/813/11 income. b. The parties 5hal~ cooperate i.n the f.il.ing of claims and fo:rwardinq of. claim. checks to reimburse the party who advanced health costs. " 8 . INSURANCE.: The part.ies agree that the Hu.sba.nd $hall insure hi.s life in the sum of $100,000.00 naming. the children as. beneficiaries on sa.id pO,l.icy unti.l the last 'of the children. is emancipated; the HU$band' shall be entLtled.to.continue' the. existing policy on ~ ~ W.i.fe's. 11.fe', in the' amount of $25,000.00, -which shall name the - . children.' as sol~ beneficiaries until the last of' the children w . .~- . . - .:- ;,..,. . . . "~:-'. ._.::::.'~:1 :'::':~'.:.t'. !: .- .". 8Mll be emancipated. ...... Husba.ltd 'shall' during: his l.ifetime be owner ~:~.., .. :'-"~ . ..... ~ :'.. - .- '., ., ~ ":": l:~, .~ ". . of any. va.lue-' of. aa.id poli..cy on Wi.fe's, life. The' parties. consent .. I . - ... .: .. ..~.. ;:. ...... . j. :.; -~. :' .~ .=~ ;. f . to the other choosing whom8oever.'they desi.re. as. benefi..ciary on . of' . . any other life insurance policy.. MOtOl: vehicle insurance . contracts. current~y-"in. fo:t'C&' sha1~ not 'be canceI1ed; however, upon renewa~t each party sha11 obtai.n their own.' insurance. on .. -.' . . their own vehicles. -. 'Each party'~ 'shal~ pay' their: prO rata share of . . the. remai.ni.nq premium insta1iinent due Junua.zj '.i; 1993. 9 . DEBTS OE THE- P.AB.TIES:. ...- a. Wife shall. be fully responsib1e for'loan on ~. .,. ~ Chevrolet Van, and shall. indemn.ify and ho1d Busband hcu::m1.ess. for same. - ~ b. Husband shal~ be fully re:spomsihle for al~ outstanding ~onsumer I cred.it.~a.r~.~, .t~ignatur~ loan and loans on the Ford Truck and motorcycle, and shall indemni.fy and ;. -.::. .- - Ii --, '. . .' ,. ~ . ....~ '--~r;'~ ;....... /Ao.-';_ - . ".,', : ,,,:'~:,,':'" j.,:;'~:.-.~"-",---~,~:~;-""'''~''.' . '0 '.,,; " " - (~~~-:. .::. .~~::. I.~<<. '. . ~~'.. :_~::'.. ":' , I.' - .. .. . ~ .".'. ':50. '39'v'd" .' r'. '... . 99 n S3"1d\11S 9E19G9LBGG Ll:ll 900G/B0/11 \ hold Wife harml~$s for sawe. c.. The parties a~ee they have no other- j oint debts, and agree.' they are liable' for their own respective. debts whenever .incurred. I' d. The parties agree tha.t they will not in the future contract or i.ncur any debt or liability for which the other party, his or her property or estate, mi.ght be responsible and each further. agrees' to indemnity and sa.'V"e hazmless the. other., party against any c~ai.ms, that .may be asserted by 1 . . . anyone against the. other pa~ty by rea50n thereo.f. . .' e'.,'~ '!rhe, partLe~. shall. equ~~~! ,_5~e, ~~ the cost of - . p :.60 .. ... .'\ "'-. - . r .... ," ... hirinq. a cleaning team to clean. their' qnarters at Carlisle. BarrackS' .... ~~~~ 10. CUSTODY OF CBrLDUB':' .. a. The ~ie8 shall have joint lega1 custody of Jenna.: 'Ash~y Furby and' Jess.ica Lauren Furby t and the parties .. shal~ share ~ decision& affectLng:the welfare' and upbringing' of the, chi.ldren; W:lfe sha~~ have priJBary physica.l custody of saLd chLldren. b. Husband shall have libera..~ physi.cal custody of the children for purpose of visLtation.as agreed by the parties, .., with the intent being to' et.rike a balance' between flexibility around. Husband's work schedu1e and co.pensate for his' inab~1ity. to have custody dur~q posting ov~aeas, and. maintenance of PhYSiCa.~ .8tability in wife's hc?me and school. for the. children,. as agreed to the parti.ea including,. -~ -=i;,':.: 00' .... . .' .' '. '" .. ~. .7'. :. ~~ . . - '-'. .~~~ \' , '. "/, ~;:~:.< :~:;~~.:~ ~: . '.~ . ,'~ /~:' '.; '. . .:.;' :~': :".. ... .' . - ,. '0' ..; :,:.;.;.>(>~;,~~j:;.;:;)..;-'(:. :. ".' " '. . --'w~. ,I' . . . 1211 39\fd .". 01.....0 . .0.... . ,', 99 n S3..,d\f 1.5 . '. r . ..:t=... 9E19l9LSll L1:n 9121l21l/8121/11 J. butriimited to, the followi.nq periods o.f partia.l custody in the Husband, summer vacations beginning ane week a.fter the close of' the: school year and continuing: unti~ one week prior to the rE!8umpti..on of the followinq school year; II Thanksqivinq, Christmas, 5prinq breakt 'and other.. federally reco~zed holidays.. However I Wife: sha.ll have custody of the children from. Christmas Eve through ChriStma,8 Day on ~ven-numbered years.. . _ c.. !'rom the da.te. of executio~ hereof unti.l the. . earlier of January 31, 1993, or Husband..'s, departure for Korea.,. Husband. sha.ll.: custody of children, dur.inq. which time Wife shall have liberal. visitation' ~:-'~;:'1 ~-. .. -..... d:.: . Th&>. p~nt receiving custody: shall provide' transportation.. e. Each party sha.ll provide the ather w.ith sufficient ~ prior notice.. of schedules,. cancellations, of visits, and the like-,. and keep' one another' informed:' of address and'telephone n'mDber changes. 11.. CHILD SUPPOR~:' .. 4. Effecti.ve February 1, 199,3,. Hwsband 6hall pa.y to T~e Domestic ~la.ti.ons Offi~a of. Cumber1.and count~, Pennsylvani..a., the sum of THREE: HUNDRED' NnmTY DOLLARS ~~ ($390.00) semi-monthly, on the third and eighteenth day of each: ~nth, for the. support of the-' two chi1:dren,. which sum: shal~ be, the subjeet o~-.:a suppo~ order en.tered by the Court of Common Pleas of Cumberland County, Dome8tic Relations' . . ~.\ ... ~. "~ 8. . . '. . "~"", .., '. :",.~;:~,...::/~:..:'":.:>>:.'y,?: '.: '. ~'.';":".~.'~. .t.. .......:.....,.... ~_,., . . .. .~. ... . ,~ ." n 39'\td -':. ..,' . ':'.-:;:-": ;" ....- ~ .:::: . _,..t'. . . . 9911 S3Id'\tlS 9Et9l9L8ll Lt:tt 900l/80/tt Section, at 1262 SUPPORT" 1992. Said sum will be subject to modi.f~ca.ti.on pursuant to the guidelines establ.iahed by the" Pennsylvania Supreme Court, on the appropriate mot.ion of ~ther party from t.iJne to ti.lUe based upon ;re~eV'ant change of , circumstances of the parties or the children. b. Any time the Husband has custody of the children in excess of" two weeks" in any calendar month, he is perm.i.tted to reduc::e his. chi.ld support for that said month by 50%". \i" .' c. "The' parti.es. shall share" in"" the cost of each " chil.d'"s""ldqhe:.i:" education ba8ed upon a rati..o of thei.r net ~~~'~~ -....... - ., incomes. Hi.gher education shall. include four years of" undergradUate Sducat.ion ~t an accredi.t8d colleqe or" uniVer8i.t.Y'~ 'to' be c~pleted by age '2~. All payments shall. be de~ex:mi.~ed ~;.~~r cr~~li.t for any other sourc~ ~f income to the chi.let'; inCludinq the child I s. earnings, grants, and . '. '. ..' .::. t..~." . . 5cho~arshi..ps. d. Each parent shal~ cooperate in, and seek maximum: . .:.... benefit of I application. for. higher education grants and low ... intere5t ~oans' to the benefit of. the respective child. e.. Each party hereto shalL ax~ute the. appropriate- . . . tax; documents; including Form 8332, conceJ:n.inq the election - ....:::s-- to c'laia' a chi.ld dependent exemption. for each party, by January' 31st of each year. Wife shall. claim. Jessica Lauren Furby as a tax. depe~t, so. lonq as Wi..fe Ls receiving '::.~. taxabl"e income, and so lonCJ ~s the b~nef:it .inuring to h~r i.s . '.' l". IL. ....~ . -.-:;.... '. 9 - . - ,." . ~ ". ''': -... .~. '''~~i:J . ;;... .~. .~~:.'.~-;...;:...'.>;:r:.:~~ ..~~~:. '['or .:~.. ., :-=::. . '. '\,. .;.... .... :. .....~.;.;:~.; .' . .....:..:.~. . . .'~.'; . . ": .-.:.....'1:., . ..~ .~~.~...::. o . i' . Z1: 391;;jd 9911 S31dl;;jlS SE19Z9L8ZG L1:11 9006/80/11 . greater than tha.t inm:inq to Husband. If the benefit is' grea.ter' to husband .in a tax year I than Husband shall- clam both chi.ldren a.s defendants, and he sha.ll reimburse Wife for the, benefi.t she otherwise would have received. 12. SPOUSAL SUPPORT AND ALIMONY: a.. .Effecti.ve Januar:y: 1, 199,3 Husband shall pay II directly to' Wife the SUlll. of TWO HUNDRED SIXTY DOLLARS' ($26:0.00) for: t~ support of Wi fe- (less ONE HUNDRED DOLLARS' ($'100.00)' aredi..t agai.n8t the. first payment), semi.-monthly' on. the tlkrd ~d ei.ght~Dth. day of eac~ month unti~ December ~a.... l.9.95", ~e dea.th of ei.ther party" the Wife's remarri.aq~, or the ~.if~,'~:';~o~itati.on ~i~. a ~er ~f' the opposi.te. ~~~~"\ .....-.:..~ .. I'" .....It ...: sex, wh.i.aheV:e.r~ event. shal.l. occur:' first'.' rf the- fi.na~ decree . . .. .. .''': ~ "'_!':":!'"~~." .' :. .. I of divorce is:,' entered prior to the te.rm.ination of the . 0# spousal. 'support ~.::, t~ spousal support shall be converted into a.J.~Y. and; paid:., uDder the, same te~s. ~s. above for the-, ' remainder .?f the period of time. :If Husband fai1s to pay; Wife is entitled to' enter this' agreement into the record at ~262' SUPPO~ 1992, as a basis to claLm: a retroactive sPOU$al support order. .., . 13 . T.AXA~ION': ~he' parti.es shall 'cooperate- in the. f.iling of a joint tax x:etUJ::n .for tax year 1.992" and. the parti.es shall ehare equa.lly in any tax refund. or tax. llabil.i.ty. 14-. EXECUTION 01f.' DOCUHENT'S: --"'; ~ . Each_of' the pa.rt;.ies, shall, f.:r:OUl time to time a.t the request ..:; . ""'".'" --:.' .. to.' '. I~ . .': ~~:. "~" . : '.:.<:.~~:;~ :,:\,~~.::~~~;g4.(:,,',iL~:..;;.~:~:,~~; ~~::~~ '.:~~:, -: i.:.>' '- ~. ;'~'. :;-. :;~:,: . -:-: '- ~.. . ::." .'.. ,,' ..... . ~"'" ":. "r~~ '.:~- l.- :' ... }.I. . Et 39\1d 9911 S3-'d\11S 9E19G9L8GG L1:11 900G/80/11 of' each other, execute, a.cknowledge and deliver to the other party any and al~ further instruments\ that may reasonably be requi.J:ed in order to give full force' and effect, to the provisions ,I of this. Marital Sett~ement Agreement., 15. COUNSEL, FEES: Husband 'shall pay,the sum of ONE mOUSAHD DOLLARS ($1,000.00) to HUGANIR LAW OFFICES, payable' at the rate, afONE HUNDRED TWENTY F:tVE: DOLLARS ($125.0 Q) semi-monthly on the third ,'0 ... and eighte~nth day of. each month, commenCLnq Janu~' 1, ~993. . .16.... liUTUAL ~RT.ln&SE.: ~":!I:.~., '~~3: I : . . I' ~ Except as provided:' for in this Marital Settlement Aqreement, , '. the parti.es hereby remise, rel@ase'- qui.t-c.laim: and. forever di.scharge each other' and. the estate~ of each. other I fo~ all ti..me . to. ~ome, and for all ~ses: whatsoever,. fI:O* any and sveu:y cl~.~ inc~~~q...-:-.l i1QnUFI ..,i;t~imony pende~te ..li,~,e;_.. ~.itab~e distribution of marital. property, counsel fees or costs under the . ... .. Di.vorce' Reform: Act. or spousal supportt or otherwise., that they make or hereafter make in. and. to or against each other' s- estates . or .any parts' thereof, whether by way or dowez;' or curtesy, or under the intestate laws I or the :right to take or elect against the other '5, wi.ll.,. or to. oppose' a' change in th& other parties.' designation of benefi.ciary under li.fe insurance pol.u:.y p:ce- existing this agreement, except only such rights as a.ccrue pursuant to this Marita.l Settleuaent Agreement. 17'. NON'-~:. ...... _'. ~;:t, The. :t;: ai. lure' of. ei.t~r part? to. insist in anyone ,or more .:. ~ 11 .~ ,; 'I ...' ...: ',. ~ ~:.. ..~<.. ~r.". . .~ "C"'........: . " ~ 1',,_ ~~ .j.~' ,:::,: . '. vI 39'Vd 9sn S3,d'V1S SElSG9LBGG Ll:11 SBBG/BB/ll instances upon the strict per,formance of any of the teJ:1ll5 hereof sha,1.1 not be construed as. a waiver or relinquishment of such term or teDD.S in the' future. ,I 18. BREACH: In the event that either party breaches any provi.sion of this, Harita~' Settlement Agreement, he or she sha.ll be re5pon5i.ble for any and all costs Lncurred, to enforc&, the te~ hereof, Lncludinq, but not l~te~ to, court costs~ and reasonable counse~ ~-~~.~ ~~~ , . fees-. or: the other: pa.rty~" In the- ~vent ,of' breach, ..the o",?her party.. .- shaJ.l. have the riqht,. at his. or her election, to sua for damaqes for such breach or to:. seek 5uch o:ther and-, additional. remedies. as: may be available- to h.im: or her. 19. ENFORr!1!::DIDr.r: The parties agree that this. Marital Settlement Agreement or any part. or parts hereof "sha~i be enforced in the COlBIaOnweal th of Pennsylvania,. ~"'ich. sha.ll have jurisdl.ction. 20. APPLICJl.&rE' LAW AND EXECUTION: ..... The part.ies hereto agree that this Hari.ta1 Settlement . Agreement s~l be construed under the laWII of the Commonwealth of l?ennsyLvania, and sha.l~ bind the parties hereto; and their ~ ' respective heirs:, executors' and aS$i.gns. This document shall be executed as or.igi..na.1. in mul ti.ple- copies. ....:... .- zr.: EI!lTIRE. AGBEEHEN'r; ...~ r.,- The parties aCknOWl~ge and~~.aqJ:~~ that tb.i.a Marital ~" .. ... .. .12' :-~. '-..;: J.:- . .... .." . _. - _.. . __00 ."... '. ... I . I' ,. .. -" . ;J .". .....::. . ..w'?'...... ..,.-.-...... ':.:: "_ ':' .... .. . .... " ,:..: ,,', ." ". gT. 39V'd 9g 11 5TldV'1.5 gE192:9LB2:2: L1:11 g002:/BB/ll . .. Settlement Agreement contains the entire. understanding of the parties and supersedes. any pri.or agreement .between them. There are. no other. representations I warranties, prC?mises I covenants or understand:ings between the parties other'than those expressly set forth herein. 22. INCORPORATION IN DIVORCE DECREE;' In the event that e;ither Husband or Wife at any time hereafter obtain a divorce in the a.ction for divorce presently pending be-tween them, or otherwise, thiS'Mar.ital. Se-ttleJUent Aqreemen1: and, a11 of i.ts: provi.s.ions., shall be incorporated into .. . ~~.~, '''~ any such judgment. for d.1-vorce, ei.ther directly or by reference.. The- Court, . on. entz:y of judgment far c1i.vorce shal~ retain the right to, enforce' the provisions. ~ the. te:cns: of this. Marital Settlement Agreement. ~ 23.. NON-ME~~ ~~. Oty9RCE. DECREE':,. The parties agree tha.t in the event of absolu.te. d.ivorce between them" they shaJ.l ~neth~~e88 contin1Ut,to be- bound by all.. the teDD5 of this Marital Sett~ement Agreement, and ne1ther thi.s Ma.rita.~ Settlement Aqreement, nor the teJ:mS hereof, shall. be. deemed..to have been merqed in any decree or judgment granted. in .... ~ '~ _ . ::"1= ~ ' ~"3 _: . ... :, . -. ~. . ..'. ~'. M ". ~~.,..~. .I'~:'t.:.:,...:,,~~:. .,~...,. '-r- . " .-~7'''".: . '. . ...: ," . ",-,-::' ~.. ""'-" . 1":' -,'- . :" 9'[ 39t1d '.' .~: , r 9!;;H STldt11S !;;EI!;;l9LSll L,[:,[,[ !;;00l/S0/II . . .. .. . the divorce action, but sha.ll survive and be forever binding upon the,parties. IN WI.TNESS WHEREOF, the parties hereto have set thei.r hands ,I ...1. ....... .' . .....-. . . :t".... - . ~.'" . -:', ,.," ....: .... L1 39t1d and year first above- 'written.., -: . ~/a ;4~ RICKY~R-1URBY . ~ '~xii;f'p~ !,~yi' 0 ;4~ l .' ~ 'r " .. . ~~ ' ...;..:,w OJ" . .- 14 .', 1'. ..... ".... .... . .' .:.':".. s. , . . - '-'.'lr~". '. " 9-;:; n S3,dt1.lS -;:;E1-;:;G9L8GG L1:11 -;:;00G/80/11 ~~~:;'!- "--'~. ..- ,-- r t l; < r ~'. !C e:.: ~:" r I ~: .~ ~;:.' ~ ~ 5: l , r > m.,. a=~ ~o 11.> Wm Oa: ,~ C\I >u.ci~ ~Za:~ o Z CI) (/) a: c(~::!: '<(:r....:- '-j::z <( 2<(0 ~ a:~a. .f-IOCI) lu a:g~ a:o;:~ f f '- b- r ~\ ('t) LO T- T- [~i.; ::~, (') on ;g ~ .;, co ,,- .5 --:)' > $ '->':~"- ;j( ~ A ~. ~;' ~i i;lr ~;~~: 'J':I,~ i'it"ll -~; f1 ',~ ~.'; N I -t '1lJ 1&.1 ~:i en ~ o t- ~ en J,... 1ft o ~ 8 <s (It 'i ~ t; a i 1 8 8 to g to fl ~ .... II ::J .,. i I ~ o a- o ~ o ~! o~ II (,) c:~ 1111 ~.Q lie li~ a:z ! ~ J 0:: o ~ ca ~f ~Q o Ij '->1 . o o 0) Ul ~ ,g ',. ;.~~ /l Y> , , 10 00.... 0 0) 100 N en 00,... UI N ....M ID N ~-o u~ "'-8 ~" CllI ~: ~ 0) .... '\ M N ....N- I IDoen ....v- ....IOCllI 01' NN ~ . -", .. .~ , ~~ . 1ft Xc( oUc(c( c( ~:;~ I- ,-~ H ,,- ~ 0 0 .......... M 10 ,:;' ,...,... t; ~~; 8~; :g ~ ;) ~~' ~~~* * L~ 0) 0. M J:IO 10 J:-I::) ~ -~ 0 !z6 6 !z"'o 03:00 ....0 0 ...~! v I-~OO :300 co 3::Et- 10 ;:)Ift - 0.... aJ 0 zoo '0 8 "'g~ ~N VI 1-0-1 UJ;;;' aJMUJ......Z .... ,... ..........-IN o(')~>-~ M::EIO:EIlJM-I....... J,...cx....O NOooOooNO.... ~&;~;o ~omom~oo c((') ""'::e: 8l.L.Vll..<:fg-l::E -I en... 0 0 -110-110-10 Q.NZOO Oc(Oc(O ...<< ~;~~~zJ:~J:gzJ:1I.. ~:VI~~~~VlfflVl:g~~1&I Q.OO~""'OO::E>>-IO>-O)>...rj >-OZlO~IOUJC(Mc(VUJCX> :~~8d~liffi~ffignBiu i o (,J (,J 00 (,J O(,J:J -I H ro VI VI VIVI VI VIVI > > >> > >>a: o II.. o OM I'- 1'-0) ID ,... UlO M 101'-.... .... I'- OUl 0 NOot .... lD MO v IOOS I- IJ) I- ZVI 1&1> Z I- UJN :J'<t ")10 O'<t o:t o ~~ ....... UJaJ ~o o:t J: 0 N UN .N a:, ....... :JaJ aJ 0.0 0 0) .... ....... 00 o N N ....... co o NM NN .............. OOaJ 00 '<t N , 00 o VV NN " aJOO 00 M N , aJ o '<tv NN " coco 00 LO N , aJ o lDlD NN " lOCO 00 . . Mr. Ricky Furby 11055 Matthews Rd Moss Point, MS 39562 'f.. REMITTANCE STUB ACCOUNT S/A 92461 DATE 02/24/2006 BALANCE 2290.21 Spring Hill College 4000 Dauphin Street Mobile, AL 36608 Business Office: (251) 380-2251 Student Accounts Current SP 2006 Business Office Fax: (251)460-2199 Student Billing 01/25/2006 to 02/24/2006 Financial Aid: (251) 380-3460 ID: 92461 Jessica L. Furby -----DATE----------DESCRIPTION OF TRANSACTION-----------CHARGES------CREDITS---- 01/25/2006 Previous Statement Balance 2290.21 02/03/2006 01/27/2006 Payroll -61.80 02/03/2006 01/27/2006 Payroll 61.80 02/17/2006 02/10/2006 Payroll -82.40 02/17/2006 02/10/2006 Payroll 82.40 02/24/2006 02/21/2006 Payroll -41.20 02/24/2006 02/21/2006 Payroll 41.20 RET. MAJ. RICKy'VQ,EFl,JRBY 1344 ORTRIOJAANN FURBY 09/04 110()5 MAlJHEWS RD, "O$SPllW<T,"S~9562 . . p~>9 _ ~~""_ ..I~}~~~b~;:)k~~~~.~i. M&M P~~~~~~~~GS . ST,~ILUCEDALE. MS DANK. PASCA60ULA. MS 395(\8-0729 FOR q rc if:; 1:0 b 5 ~O~lb 21: .. ~{;,..!~-,. .- ."Ii-~'1,,, - .,-,' "::,.'~~J$f..._ ,~- - q-' _ 4W,~~_ ,W """ ~'-'ll:;' . 1/ " " CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Petition For Contempt, by depositing same in the United States Mail, Certified, Return Receipt Request on the /7 t~ day of (!) A fj) be,... , 2006, from Carlisle, Pennsylvania, addressed as follows: Roxane Pace 2119 Pine Road Newville, PA 17241 TURO LAW OFFICES Galen R. Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 ('\ -.J r-~- ! [--1 . RICKY JOE FURBY, PLAINTIFF/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROXANE PACE, DEFENDANT/RESPONDENT 92-4411 CIVIL TERM ORDER OF COURT AND NOW, this 5' day of October, 2006, IT IS ORDERED that a hearing shall be conducted on the within petition for contempt in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 11 :00 a.m., Monday, December 11, 2006. ~Ien R. Waltz, Esquire For Plaintiff/Petitioner :sal v(oxanne Pace, Pro se 2119 Pine Road ~ Newville, PA 17241 ~ ~~~. ~\.,.. !-~ '0.- '--:1, -=-~ u.- ....... r" ~ c-..\ - - - ~ :a - c0 ,- 'v o '& ~ 'C:O ~} -) --- . RICKY JOE FURBY, Plaintiff /Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 92-4411 CIVIL TERM v. ROXANE PACE, DefendantlRespondent MOTION FOR CONTINUANCE AND NOW, comes, DefendantJRespondent, Roxane Pace, by and through her attorney, Jacqueline M. Verney, Esquire and represents the following in support of her Motion for Continuance: 1. This Honorable Court entered an Order of Court dated October 31, 2006 scheduling a hearing on PlaintifflPetitioner's Petition for Contempt for December 11,2006 at 11 :00 a.m. 2. DefendantJRespondent received a copy of the Petition for Contempt on or about November 15, 2006. 3. DefendantJRespondent recently relocated to another residence and the information necessary to defend against the Petition for Contempt, i.e. bank records, credit card bills, etc. were difficult to locate. 4. Defendant has only recently retained the undersigned to represent her in the Contempt hearing. 5. Defendant anticipates filing a counter-claim for Contempt against Plaintiff. 6. Additional time is needed to prepare to defend against the Petition for Contempt and to prepare a counter-claim. .f ... _.....~' 7. In the interest of judicial economy, the Petition for Contempt and the Counter- claim should be heard together. 8. Plaintiffs counsel is on vacation until December 11,2006; however, it is known that he opposes a continuance. 9. Once a counter-claim is prepared, more meaningful negotiations may occur in an attempt to avoid a court hearing. WHEREFORE, Defendant/Respondent prays this Honorable Court grant a continuance in this matter. Respectfully submitted, ,- eline M. Verney, Esquire #. 167 44 South Hanover Street Carlisle, P A 17013 (717) 243-9190 Attorney for Defendant/Respondent A VERIFICATION I verify that the facts included in the within pleading are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. ~ 4904 relating to unsworn falsification to authorities. Dated: /1/'/6fr; "'-' CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certify that a true and correct copy of the Motion for Continuance filed in this matter was served upon the following on the date indicated by placing the same with the United States Postal Service, First Class Mail. Galen R. Waltz, Esquire 28 South Pitt Street Carlisle, P A 17013 Date: I Z- -It? -0 h . a line M. Verney, Esquire # 167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant/Respondent (") f:; -c.' 2h rT; t; ;(" (j) -,~ ,..- I ..~... ""-~,.. ~~:~ --I .-< ""-.) <::;::l c::::> c:r. o rTl n r en ~ :.J: o 11 :r-... nl.....!....' r- '"'0 m -,-,n ~j~~ ~~fS ~?rm ~ .1J --< (".) N .. ....-"" , DECI7 m RICKY JOE FURBY, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 92-4411 CIVIL TERM ROXANE PACE, Defendant/Respondent ORDER OF COURT AND NOW, this rrU day of k1 JumlJ...b- , 2006, upon consideration of DefendantlRespondent's Motion for Continuance1'lsaid Motion is hereby flU ~J~ IJ granted and a hearing is scheduled for ~ day of i U t.~ , 200~ at 1;'15 o'clock A--. M. in Courtroom No.2, of the Cumberland County Courthouse, Carlisle, Pennsylvania. cc: Galen Waltz, Esquire, counsel for Petitioner Jacqueline M. Verney, Esquire, counsel for Respondent \ /~, /)- ~- t>lP / ~ Jlf5 >- ~ wO <...> :;~,~ 0::0 '-L.~ Ot" T C' Cia:' ::::to.:: -tu 1.L.j:f t5 o cry .. C"') :c 0- r- I U W Cl ....0 c:::. = C""'-I "~, . RICKY JOE FURBY, Plaintiff/Petitioner v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 92-4411 CIVIL TERM ROXANE PACE, DefendantlRespondent : CIVIL ACTION-DIVORCE ANSWER TO PETITION FOR CONTEMPT AND NOW, comes, Defendant/Respondent, Roxane Pace, by and through her attorney, Jacqueline M. Verney, Esquire and answers Petitioner's Petition for Contempt. 1 . Admitted. 2. Denied. Defendant/Respondent currently resides at 15 Raylen Drive Boiling Springs, Pennsylvania 17007. 3. Admitted. 4. Admitted. 5. Admitted, except for the typographical error. 6. Denied. Respondent is without sufficient information to form a belief as to the truth of the averment, therefore it is denied that Petitioner has paid $4,897.44 toward Jessica Furby's secondary education tuition and strict proof thereof is demanded at trial. 7. Denied. Respondent is without sufficient information to form a belief as to the truth of the averment, therefore it is denied that Petitioner has paid $13,000.00 toward Jenna Furby's miscellaneous secondary education expenses and strict proof thereof is demanded at trial. By way of further answer, it is denied that .' monthly cash payments to Jenna Furby constitute a "cost of each child's higher education" pursuant to the written agreement of the parties. 8. Denied. Respondent is without sufficient information to form a belief as to the truth of the averment, therefore it is denied and strict proof thereof is demanded at trial. By way of further answer, it is denied that monthly cash payments to Jessica Furby constitute a "cost of each child's higher education" pursuant to the written agreement of the parties. 9. Admitted in part/Denied in part. It is admitted that Petitioner had previously contacted Respondent regarding reimbursement for expenses that he allegedly made to the children. It is denied that the amounts are the same or similar to what is indicated herein. By way of further answer, Respondent denies that all of the alleged payments were contemplated to be included in the calculation set forth in the Marital Settlement Agreement. 10. Admitted in part/Denied in part. It is admitted that Respondent has not reimbursed Petitioner any portion of the disputed costs. It is denied that the payments have been made in accordance with the June 8, 1993 Decree in Divorce and strict proof thereof is demanded at trial. It is admitted that Petitioner avers that he has refused to reimburse Respondent for her share of ongoing expenses. By way of further answer, it is admitted that Petitioner is secreting income which is a necessary element in the formulation of the pro-ration of the educational expenses. 11. Denied. Respondent is without sufficient information to form a belief as to the truth of the averment and strict proof is demanded thereof at trial. By way of 2 .' further answer, it is irrelevant to the issue when counsel for Petitioner was retained. 12. Denied. It is denied that Respondent retained Jacqueline M. Verney, Esquire on or about December 27,2005 and strict proof is demanded thereof at trial. By way of further answer, it is irrelevant when counsel for Respondent was retained. 13. Denied. It is denied that Attorneys Waltz and Verney have been communicating between themselves in the hopes of settling the matter of educational expenses for approximately 10 months and strict proof thereof is demanded at trial. By way of further answer, settlement correspondence was discontinued because Attorney Waltz was not negotiating in good faith by submitting suspected fraudulent documents regarding Petitioner's income, underestimating Petitioner's income, and including impertinent information and comments in the settlement correspondence. 14. Denied. It is denied that Respondent failed to provided requested documentation and strict proof thereof is demanded at trial. By way of further answer, Petitioner refused to disclose the income he receives "under the table" making any calculation impossible. 15. Denied. It is denied that Respondent failed to supply requested information. By way of further answer, Petitioner refused to accept the information provided as accurate. 16. Denied. Respondent is without sufficient information to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. 3 ~. 17. Admitted. By way of further answer, it has not been determined that Respondent has breached the Marital Settlement Agreement. 18. Admitted in part/Denied in part. It is admitted that Petitioner has made demands of alleged expenses he has paid to the children. It is denied that the expenses demanded are "educational expenses" contemplated by the Martial Settlement Agreement and strict proof thereof is demanded at trial. WHEREFORE, Respondent prays this Honorable Court deny Petitioner's Petition for Contempt and counsel fees. COUNTERCLAIM AND NEW MATTER 19. Paragraphs 1-18 are incorporated herein as if fully set forth. 20. Respondent paid all of Jenna's college expenses when she attended Wilson College for the spring and summer sessions in 2003. Those expenses total $2,087.75 as follows: A. Tuition - Spring 2003-$1234.00; Summer 2003-$594.00; Total $1,828.00. B. Books - $259.75. 21. In 2003, Respondent purchased a car for Jenna to use while at college at an expense of$3,000. 22. In 2003, Respondent contributed $1,792.44 toward Jenna's miscellaneous college expenses. 23. In 2005, Respondent made cash deposits to Jenna's bank account totaling $190.00. 4 24. While both children have been in college, Respondent has paid expenses associated with the children's attendance at college, including the following: A. cellular telephone-$2,566.87 B. automobile insurance-$3,919.59. 25. In August, 2005, Respondent transported Jessica to college at an expense of $1,626.10. 26. In June, 2005, Respondent purchased a computer for Jessica to take to college at an expense of$1,065.84 and computer related equipment at an expense of $260.52 for a total of $1 ,326.36. 27. Respondent has purchased two cars for Jessica: One in October 2006, at an expense of $9,025.00. Prior to that she had purchased a vehicle for Jessica for $1,250.00. Respondent has paid for car repairs for Jessica's car in the amount of $349.59. The total expenses incurred toward vehicles for Jessica is $10,624.59. 28. During the summer of2006, Respondent paid all of Jessica's gas expenses so she could save all of her money to pay tuition for the Fall semester, 2006. Said gas expenses amounted to $625.82. 29. In February, 2006 Respondent paid for an airline ticket for Jessica to return home for dental surgery at an expense of $255.20. 30. In 2005, Respondent contributed $240.00 toward miscellaneous college expenses for Jessica. 31. In 2005 and 2006, Respondent made cash deposits into Jessica's bank account for miscellaneous college expenses totaling $1,949.06. 5 32. Respondent has contributed a total of$30,203.78 toward the college expenses for the children, from 2003 to present. 33. Much of Respondent's contribution to the children's college expenses has been from the proceeds of Respondent's college loans for her own college education. 34. In December 2003 the parties modified Paragraph 11 of the Marital Settlement Agreement by which Petitioner agreed to provide $500.00 per month toward living expenses for Jenna while away at college, and Respondent would waive monthly child support of $400.00-500.00 for Jessica. This modification continued until September 2005. 35. Respondent avers that this modification of the Marital Settlement absolves her of the obligation pursuant to the college expenses provision of the Marital Settlement Agreement. 36. Respondent avers that this modification of the Marital Settlement Agreement shall act as a bar against Petitioner's claim for contribution toward the children's college and that Petitioner be estopped from claiming expenses for that period of time. 37. In the alternative, Respondent asserts that the modification shall act as an offset to Petitioner's claim. 38. Paragraph 11 of the Marital Settlement Agreement provides for the college expenses to be proportioned between the parties based on the parties' net income. 39. Respondent asserts that her gross income for 2003 was $6643.20; for 2004 was $8,117.82 and for 2005 was $11,160.15. 6 40. Respondent believes that Petitioner's gross income was much higher than what he has reported to Petitioner because he works "under the table" and defrauds the federal, state and local government when reporting his taxable income. 41. Petitioner has reported his gross annual income for 2003 at $50,810.84; for 2004 at $76,928.00 and for 2005 at $75,420.31. 42. Based on the proportion of gross annual income, Respondent should pay for college expenses in 2003 at the rate of 8.65%; in 2004 at the rate of 10.5% and in 2005 at the rate of 7.75 %. 43. Petitioner avers total expenses he has paid for college as $21,251.45. 44. Respondent avers that she has contributed $30,203.78 toward college expenses. 45. The total expended for college is $51,455.23. 46. Respondent's share of that amount based on the proportion of income assumed to be 10% is $5,145.52. 47. Respondent therefore claims reimbursement of$25,058.26 from Plaintiff. WHEREFORE, Respondent prays this Honorable Court: 1. Deny Petitioner's Petition for Contempt and counsel fees based on the modification of the Marital Settlement Agreement. 2. Bar Petitioner's claim and/or offset any claim of Petitioner for the period of time that the modification was effective. 3. Order Petitioner to pay Respondent $25,058.26. PETITION FOR CONTEMPT 48. Paragraphs 1-47 are incorporated by reference as if completely herein. 7 .' 49. Paragraph 7 of the Marital Settlement Agreement provides "Any cost of medical or dental expenses of the children that is not covered by insurance shall be divided proportionally in the same ration [sic] as the parties net income. 50. Respondent has incurred dental expenses in the amount of $480.00 for Jessica in 2006. 51. Respondent requested Petitioner to contribute to these expenses pursuant to Paragraph 7 of the Marital Settlement Agreement. 52. To date, Petitioner has refused to contribute to the medical and dental expenses for Jessica. 53. Petitioner's share of the medical and dental expenses is $432.00. 54. Petitioner is in contempt of the Marital Settlement Agreement. 55. As a result of Petitioner's contempt of the Marital Settlement Agreement, Respondent has incurred legal expenses in an attempt to enforce the Marital Settlement Agreement in the amount of$1,750.00. WHEREFORE, Respondent prays this Honorable Court find Petitioner in Contempt of the Marital Settlement Agreement; order Petitioner to pay his share of the medical and dental expenses or $432.00 and counsel fees in the amount of$1,750.00. Respectfully submitted, { - z -() 7 cqu ne M. Verney, i;qY~ 44 South Hanover Street Carlisle, P A 17013 (717) 243-9190 Attorney for Defendant/Respondent 8 VERIFICATION I verify that the facts included in the within pleading are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. ~ 4904 relating to unsworn falsification to authorities. Dated: 1- 2,-0 '7 r- ~~~ ~.Q.^4 ~ \ Roxane Pace . . \ ~. CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certify that a true and correct copy of the Answer to Petition for Contempt filed in this matter was served upon the following on the date indicated by placing the same with the United States Postal Service, First Class Mail. Galen R. Waltz, Esquire 28 South Pitt Street Carlisle, P A 17013 Date: (-"2 -0 7 ,( 'ac line M. Verney, Esquire #231 44 South Hanover Street Carlisle, P A 17013 (717) 243-9190 Attorney for Defendant/Respondent II . I . I RICKY JOE FURBY, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 1992 - 4411 ROXANE PACE , Defendant/Respondent : CIVIL ACTION - DIVORCE ANSWER TO RESPONDENT'S COUNTERCLAIM AND NEW MATTER AND NOW, comes the Petitioner, Ricky Joe Furby, by and through his attorney, Galen R. Watlz, Esquire, and answers Respondent's Counterclaim and New Matter. 20. Denied. By way of further answer, Jenna attended Wilson College in 2003 as part of her High School experience; therefore it was not a cost of "higher education" as per the agreement in the Divorce Decree. 21. Denied. Petitioner is without sufficient information to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. By way of further answer it is denied that the cost of "higher education" at a four-year college includes a car. 22. Denied. By way of further answer, Jenna was in high school in 2003 and any monies spent were not a cost of "higher education" as per the agreement in the Divorce Decree. 23. Denied. Petitioner does not have sufficient information to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. By way of further answer Petitioner has no way of knowing that the monies deposited into the account were by the Respondent or for educational purposes. , I 24. Denied. By way of further answer, cellular phones and automobile insurance are not a cost of "higher education" as per the agreement in the Divorce Decree. 25. Denied. Petitioner does not have sufficient information to form a belief that the RV rented was to take Jessica to her university. By way of further answer, Petitioner denies that the choice of renting a RV is not a reasonable cost of "higher education" as per the agreement in the Divorce Decree. 26. Denied. By way of further answer the Divorce Decree does not include the cost of computers as a cost of "higher education". 27. Denied. By way of further answer the cost of "higher education" does not include a car. 28. Denied. By way of further answer the cost of gas for a automobile is not a cost of "higher education" pursuant to the Divorce Decree. 29. Admitted in part, denied in part. It is admitted that the Respondent bought a plain ticket; it is denied that the ticket was for Jessica. Petitioner does not have sufficient information to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. 30. Denied. Petitioner does not have sufficient information to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. 31. Denied. Petitioner does not have sufficient information to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. By way of further answer Petitioner has no way of knowing if the monies deposited , I came from the Respondent or if the monies were used for "educational" purposes. 32. Denied. 33. Denied. Petitioner does not have sufficient information to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. 34. Denied. Petitioner does not have sufficient information to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. By way of further answer, the only agreement as to secondary educational expenses is in the Divorce Decree. 35. Denied. By way of further answer, Petitioner denies that there is a modification of the Marital Settlement and denies that Respondent is absolved of her obligations in the Divorce Decree. 36. Denied. By way of further answer, Petitioner denies that there is a modification of the Marital Settlement and denies that Respondent is absolved of her obligations in the Divorce Decree. 37. Denied. By way of further answer, Petitioner denies that there is a modification of the Marital Settlement and denies that Respondent is absolved of her obligations in the Divorce Decree. 38. Admitted. 39. Denied. Petitioner does not have sufficient information to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. 40. Denied. By way of further answer, Petitioner forwarded all Tax Forms, W-2's and income statements to the Respondent. Furthermore, if the Respondent continues to accuse the Petitioner of defrauding the federal, state and local governments the Petitioner will be forced to file a claim for damages relating to Libel. 41. Admitted. 42. Denied. Petitioner does not have sufficient information to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. By way of further answer the expenses of Jenna in 2003 are not expenses for "higher education". Furthermore, Respondent has not delivered to Petitioner her Tax Returns for the years 2004 and 2005, or her income increased by her rental income increased by her rental property as well as money received by her as alimony pendente lite per the Honorable Judge Oler's August 12, 2003 order. Therefore Petitioner cannot agree to the calculations of the ration of the parties income without knowing Respondents income. 43. Admitted. 44. Denied. 45. Denied. 46. Denied. 47. Denied. 48. No response is needed. 49. Admitted. 50. Admitted. By way of further answer, Petitioner admits that Respondent incurred dental expenses in the amount of $480.00. However, Petitioner chose to submit all costs for the dental services to her health insurance carrier who refused to pay the anesthesia portion of the billing. The Respondent did not contact the Petitioner prior to the dental service and did not submit a pre-authorization to the Petitioner's insurance carrier. Because of Respondents failure to follow the proper guidelines with the insurance companies, neither company will reimburse for the anesthesia portion of the billing. Petitioner denies that he is responsible for Respondents failure to acquire the required preauthorization for the insurance carrier. 51. Denied. 52. Admitted. By way of further answer, see paragraph 50 above. 53. Denied. WHEREFORE, Petitioner requests this Honorable Court to deny Respondents Counterclaim for Contempt and New Matter. Furthermore, Petitioner requests this Honorable Court find Roxanne Pace in contempt of the June 8, 1993 Decree in Divorce and direct her to remit payment of her share of Jessica and Jenna's secondary educational expenses to Plaintiff/Petitioner. Petition additionally requests this Honorable Court order and direct Roxanne Pace, Defendant/Respondent to payoff reasonable costs and attorney fees relative to this cause of action. DATE: ,1/1/"1 Galen R. Waltz, sq. Turo Law Offices 28 S. Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff/Petitioner I L 11 VERIFICATION I verify that the statements made in the foregoing Answer to Respondent's Counterclaim and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Da~l-9-~ P;' ~L (7~ ~-j Ricky JoTFut6y II CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Answer to Respondent's Counterclaim and New Matter, by first class, postage pre- paid and depositing same in the United States Mail, first class, postage pre-paid on the ;?:f ~7- day of JA ~ v'9=-' 2007, from Carlisle, Pennsylvania, wi / addressed as follows: .. TURO LAW OFFICES alen R. Waltz, squire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 (") ~; '-::~~ .:;.;:: =< r--J c-;:, (::..=.) -... s- ....,.~.tl ;;.;.:;: c:) -n -1 .....- -'- "T1 n1~". r- ~f~ f!.~ '--....-< ,,~'... ':} ~f) '"1 ~;i2}~ .,"', )> :.0 -< N N ';!::.'lf~ -1;.'" 01 .. .. RICKY JOE FURBY, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 92-4411 CIVIL TERM ROXANEPACE, Defendant/Respondent : CIVIL ACTION-DIVORCE RESPONDENT'S AMENDED COUNTERCLAIM AND NOW, comes, DefendantlRespondent, Roxane Pace, by and through her attorney, Jacqueline M. Verney, Esquire and presents this amended counterclaim. 1. Paragraph 23 of Respondent's counterclaim should be amended to aver that Respondent deposited money in Jerma's bank account in the total amount of $2,032.32. 2. Paragraph 31 of Respondent's counterclaim should be amended to aver that Respondent deposited money in Jessica's bank account in the total amount of $3,379.06. 3. Paragraph 44 of Respondent's counterclaim should be amended to aver that Respondent paid a total amount of$33,476.10 towards the children's education expenses. 4. Paragraph 45 of Respondent's counterclaim should be amended to aver that the total amount expended for the college expenses by both parties is $54,727.55. 5. Paragraph 46 of Respondent's counterclaim should be amended to aver that Respondent's share based on the proportion of income assumed to be 10% is $5,472.75. I .. 6. Paragraph 47 of Respondent's counterclaim should be amended to aver that Respondent should be reimbursed $28,003.35. WHEREFORE, Respondent prays this Honorable Court: 1. Deny Petitioner's Petition for Contempt and counsel fees based on the modification of the Marital Settlement Agreement. 2. Bar Petitioner's claim and/or offset any claim of Petitioner for the period of time that the modification Was effective. 3. Order Petitioner to pay Respondent $28,003.35. Respectfully submitted, cq ine M. Verney, Esquire #23 44 South Hanover Street Carlisle, P A 17013 (717) 243-9190 Attorney for DefendantJRespondent 2 '. . CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certify that one copy of the attached Respondent's Amended Counterclaim was served upon the following on the date indicated by placing the same in US Mail, first class postage prepaid. Galen R. Waltz, Esquire 28 South Pitt Street Carlisle, P A 17013 Date 1-~)-07 acq ne M. Verney, Esquire #2316 44 South Hanover Street Carlisle, P A 17013 (717) 243-9190 Counsel for Defendant/Respondent () c, ~ ;:f,~f -:.7'''\ -::;.;:' ()) ; ~-'" f;:> .<,",: ~ c;::> C' --> c.- :J;-"'" -;1::: N c.f\ .,"'" ~"'~j --;..""" "-, :? ~ .-\ ::C:-n n"c::. -f"'l\! . ~:2,;~' -n -- -t- \, .,~} ,~~"~ ~~); rfl ~ c.., .c:- OO RICKY JOE FURBY, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 1992 - 4411 ROXANE PACE , Defendant/Respondent : CIVIL ACTION - DIVORCE AMENDED PETITION FOR CONTEMPT AND NOW, comes the Plaintiff/Petitioner, Ricky Joe Furby, by and through his attorney, Galen R. Waltz, Esquire, who presents this amended petition for contempt: 1. Paragraph 6 of Petitioner/Plaintiffs contempt petition should be amended to aver Plaintiff has paid $6,331.61 toward Jessica Furby's higher education tuition and higher education expenses. (Exhibit B attached incorporated herein as if fully set forth) 2. Paragraph 7 of Petitioner/Plaintiff contempt petition should be amended to aver that Petitioner/Plaintiff has paid $14, 290.34 toward Jenna Furby's miscellaneous higher education expenses 3. Paragraph 8 of Petitioner/Plaintiffs contempt petition should be amended to aver the Petition/Plaintiff has paid $3,103.98 toward Jessica Furby's miscellaneous higher education expenses which also include health care. 4. Paragraph 10 of Petitioner's contempt petition should be amended to aver that the "Respondent/Defendant has refused to reimburse Petitioner/Plaintiff for his share of the ongoing expenses." If .. 5. Paragraph 11 of Petitioner/Plaintiffs contempt petition should be amended to aver that the "Petitioner/Plaintiff retained Galen R. Waltz, Esquire on or about December 5, 2005 in hopes of amicably settling the matter of educational expenses." WHEREFORE, Petitioner prays this Honorable Court: 1. Grant Petitioner's Petition for Contempt, Counsel Fees, Costs and Expenses. 2. Dismiss Respondent's Counter Claim. 3. Order Respondent to reimburse Petitioner for monies expended for higher education and health care expenses for children and provide any other fair and just order. Respectfully submitted, Dated: /hlh7 . Ga'len R. Waltz, Es Turo Law Offices 28 S. Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff/Petitioner ---rr--~~~-- I. '*" CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Petition For Contempt, by depositing same in the United States Mail, first class, postage pre-paid and faxed 10: 717-243-3518 on Ihe Q5/s-r- day of ~L>c::r-' 2006, from Carlisle, Pennsylvania, addressed as follows: Jacqueline M. Verney 44 South Hanover Street Carlisle, PA 17013 TURO LAW OFFICES o ~~~ ~'.. -r1 ;.~~-- iT::r; -..,. 7~i:. <:~~:: ;~ f~:.lL_ ~.--:o . ;0,-, ~,; ..... , - ~? ".-..... r--' = c.:l --J C- o -n --:! -::J--n rnf:::: -"'-1 I'D. ~~!'Y at:~-~". ~ w ~~j \./ -0 -:;;: ~,-);:.:'~ ~;5 f'ti :::-\ ..".,. <";0 :.< (J1 CoW .. RICKY JOE FURBY, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 1992 - 4411 ROXANE PACE , Defendant/Respondent : CIVIL ACTION - DIVORCE PRAECIPE TO WITHDRAW CONTEMPT PETITION AND COUNTER CLAIM PETITION TO THE PROTHONOTARY: The Parties have negotiated a resolution to the Contempt Petition, Counter Claim Petition and all amendments related thereto; therefore, please mark the file discontinued, closed and settled, Respectfully Submitted --<h /O{- Date ~\ /' a/en R. Wal 28 S. Pitt S Car/isle, PA 17013 (717) 245-9688 Attorney for Plaintiff/Petitioner J.. -;) -0 1 Date ~~A~ acq line M. Verney 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant/Respondent \"-.:) ,., -:) c~ '--../ ! N -- o (.Jl c:'