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LED
MARIE RAMSEY COURT CLERK
by GANADIAN COUNTY, OKLA
IN THE DISTRICT COURT OF CANADIAN C! Y
STATE OF OKLAHOMA MAY ~ 9 2012
IN RE THE MARRIAGE OF: ) BY \ W { (OLOU
) DEPUTY
BARBARA ANN BUSBEE, )
)
Petitioner, )
)
and, ) Case No. FD-2006-647
) (Judge Hatfield)
LANCE AARON BUSBEE, )
)
Respondent. )
RESPONDENT’S MOTION TO SETTLE REVISED JOURNAL ENTRY REGARDING
REMAINING FINANCIAL ISSUES
COMES NOW Respondent, through his attorneys of record, Donelle H. Ratheal and
David W. Smith II, of RATHEAL, MAGGARD & FORTUNE, PLLC, and respectfully
moves this Court to settle the Revised Journal Entry Regarding Remaining Financial Issues. In
support of his Motion, he states the following:
1. On December 13, 2011, a Court Minute on Remaining Financial Issues was
signed by parties’ counsel and approved by the Court.
2. On January 5, 2012, Respondent filed a Motion to Settle Journal Entry after
Petitioner’s counsel failed to object to or execute the Journal Entry on Remaining Financial
Issues (“Journal Entry”).
3. On January 24, 2012, a pre-trial conference was held. Respondent again
presented his Journal Entry to Petitioner’s counsel. Petitioner’s counsel reviewed the Journal
Entry and it was approved by the Court and filed the same day.
4. On February 3, 2012, Petitioner filed a Motion to Reconsider.
In re Marriage of Busbee
Respondent’s Motion to Settle Revised Journal Entry on Remaining Financial Issues
Page 1 of 45. Respondent’s Objection to Petitioner’s Second Motion to Reconsider was filed
February 16, 2012.
6. On February 24, 2012, parties appeared for the first day of a hearing on
Petitioner’s Motion to Modify Custody. Parties’ counsel conferred and agreed that a
mathematical error existed in the Journal Entry in favor of Petitioner. A Court Minute was
filed to reflect the agreed changes. (Exhibit “1”).
7. Respondent’s counsel hand-delivered a Revised Journal Entry on Remaining
Financial Issues (“Revised Journal Entry”) to Petitioner’s counsel at the second day of the
hearing on Petitioner’s Motion to Modify on March 1, 2012.
8. On March 8, 2012, at the third day of the hearing on Petitioner’s Motion to
Modify. Respondent’s counsel reminded Petitioner’s counsel that he had failed to sign the
Revised Journal Entry.
9. On March 30, 2012, Respondent’s counsel saw Petitioner’s counsel in court in
another county on unrelated cases. Respondent’s counsel reminded Petitioner’s counsel, again,
of the outstanding Revised Journal Entry.
10. On April 18, 2012, Respondent’s counsel emailed Petitioner’s counsel, again, to
remind him that he had failed to sign the Revised Journal Entry. (Exhibit “2”).
11. On April 19, 2012, Petitioner’s counsel advised that he would send a signed
copy of the Revised Journal Entry to Respondent’s counsel the next morning. (Exhibit “3”).
Respondent’s counsel agreed to wait, until April 20, 2012, to file a Motion to Settle if he did
not receive the Revised Journal Entry that day. (Exhibits “4” & “5”).
In re Marriage of Busbee
Respondent’s Motion to Settle Revised Journal Entry on Remaining Financial Issues
Page 2 of 412. _ Petitioner’s counsel did not respond to Respondent’s counsel by April 20, 2012.
He has not sent a response.
13. Respondent has attached the proposed revised journal entry (Exhibit “6”).
14. Respondent requests that this Court approve the attached revised journal entry.
15. Respondent additionally requests that this Court assess the reasonable costs of
bringing, filing and preparing this motion against Petitioner, including attorney fees, of
$1,000.00.
WHEREFORE, Respondent respectfully requests that this Court approve his proposed
journal entry and assess costs against Petitioner, together with any other relief deemed
equitable by this Court.
Deborah E. Fortune OBA 3042
David W. Smith Il OBA 22304
RATHEAL, MAGGARD & FORTUNE, PLLC
4045 N.W. 64th, Suite 210
Oklahoma City, OK 73116
(405) 842-6342 (telephone)
(855) 842-6342 (toll free)
(405) 842-6708 (fax)
donelle@rathealpc.com
darquita@ rathealpc.com
deborah@ rathealpc.com
david@ rathealpc.com
ATTORNEYS FOR RESPONDENT
List of Authorities: Rule 11(D) of the Rules for the Seventh Judicial District (April, 2010).
In re Marriage of Busbee
Respondent’s Motion to Settle Revised Journal Entry on Remaining Financial Issues
Page 3 of 4CERTIFICATE OF MAILING
I certify that on the « day of May, 2012, I mailed a true and correct copy of the
above and foregoing Respondent’s Motion to Settle Journal Entry, United States mail, proper
postage prepaid, to the attorney of record for Petitioner and Guardian ad Litem, namely:
Christopher A. Arledge Bridget M. Childers
528 W. Highway 152, Suite 101 9024 S.E.29", Suite A
P.O. Box 355 Oklahoma City, OK 73150
Mustang, OK 73064
al
MA
Donelle H. “\Rathil OBA\ wa
M:\clients\busbee2\pleadings\settlemot3.doc
In re Marriage of Busbee
Respondent’s Motion to Settle Revised Journal Entry on Remaining Financial Issues
Page 4 of 4(ANRNARORRAN on “FILED
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Defendant SSSDavid Smith
From: David Smith
Sent: Wednesday, April 18, 2012 11:48 AM
To: ‘Jodi Bonds’; 'arledgelaw@aol.com'’; 'chris.arledge@arledgelawoffice.com’,
‘chris@arledgelawoffice.com'
Subject: Motion to Settle
JournalPM: J
Jodi & Chris
| still have not received a JE back from Chris on the revised financial issues in Busbee. If it isn't faxed or emailed today by
5pm, | will be forced to file a Motion to Settle. | have reminded Chris twice about this JE.
David W. Smith II
Ratheal & Associates, P.C.
4045 NW 64th St., Ste. 210
Oklahoma City, OK 73116
405.842.6342 (office)
405.842.6708 (fax)
David @Rathealpc.com
CONFIDENTIALITY NOTICE: The information contained in this communication may be legally
privileged, confidential or otherwise protected by law. It is intended only for the use and information of the
individuals or entities to whom it is addressed. If you are not the intended recipient, you are hereby notified that
any dissemination, distribution or copying of this communication is strictly prohibited. If you have received
this communication in error, please immediately notify us and delete the original message and any copies.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you
that any federal tax advise contained in this communication (including any attachments) is not intended or
written to be used, and cannot be used, for the purpose of (i) avoiding penalties under that Internal Revenue
Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
From: Jodi Bonds [mailto:Jodi.Bon rl lawoffi
Sent: Tuesday, November 15, 2011 3:52 PM
To: David Smith
Subject: RE: BUSBEE
| took it to the post office myself during lunch. It should be there. Please let ME know if it does not.
Thank you.
Jodi Bonds
Legal Assistant to
Christopher A. Arledge
P.O. Box 355
Mustang, OK 73064
(405) 376-0911 Phone
(405) 376-0929 Facsimile EXHIBITFrom: David Smith ilto:david@rath
Sent: Tuesday, November 15, 2011 3:15 PM
To: Jodi Bonds
Subject: RE: BUSBEE
Thank you Jodi. Hopefully we will receive it by Thursday if it was mailed today.
From: Jodi Bonds [mailto:Jodi.Bonds@arledgelawoffice.com]
Sent: Tuesday, November 15, 2011 11:40 AM
To: david@rathealpc.com
Subject: BUSBEE
We received the original by USPS mail today, we did receive the fax version last week. We will be sending the original by
this email, regular mail and via facsimile today. If you should have any further questions, please do not hesitate to
contact the office.
Jodi Bonds
Legal Assistant to
Christopher A. Arledge
P.O. Box 355
Mustang, OK 73064
(405) 376-0911 Phone
(405) 376-0929 FacsimileDavid Smith
From: Chris Arledge
Sent: Thursday, April 19, 2012 7:30 AM
To: David Smith
Subject: Re: Motion to Settle
David,
| just saw this as | was in Court all day yesterday. Today, | am going to be in Tulsa for Business Valuation CLE. | can
forward a copy to you when | get back tonight or first thing in morning.
Do you have any objection to my motion to withdraw, if not please sign that Order.
Thank you.
Sent from my iPhone
Chris A. Arledge
P.O. Box 355
Mustang Ok 73064
(405) 376-0911 Office
(405) 626-2575 Cell
On Apr 18, 2012, at 11:54 AM, David Smith wrote:
Jodi & Chris
I still have not received a JE back from Chris on the revised financial issues in Busbee. If it isn't faxed or
emailed today by 5pm, | will be forced to file a Motion to Settle. | have reminded Chris twice about this
JE.
David W. Smith II
Ratheal & Associates, P.C.
4045 NW 64th St., Ste. 210
Oklahoma City, OK 73116
405.842.6342 (office)
405.842.6708 (fax)
David@Rathealpc.com
CONFIDENTIALITY NOTICE: The information contained in this communication may be
legally privileged, confidential or otherwise protected by law. It is intended only for the use and
information of the individuals or entities to whom it is addressed. If you are not the intended
recipient, you are hereby notified that any dissemination. distribution or copying of this
communication is strictly prohibited. If you have received this communication in error, please
immediately notify us and delete the original message and any copies.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS.
we inform you that any federal tax advise contained in this communication (including any
attachments) is not intended or written to be used, and cannot be used, for the purpose of (i“_~~ ~~
avoiding penalties under that Internal Revenue Code or (ii) promoting. marketing or
recommending to another party any transaction or matter addressed herein.
From: Jodi Bonds [mailto:Jodi, Bonds@arledgelawoffice.com]
Sent: Tuesday, November 15, 2011 3:52 PM
To: David Smith
Subject: RE: BUSBEE
| took it to the post office myself during lunch. It should be there. Please let ME know if it does not.
Thank you.
Jodi Bonds
Legal Assistant to
Christopher A. Arledge
P.O. Box 355
Mustang, OK 73064
(405) 376-0911 Phone
(405) 376-0929 Facsimile
From: David Smith [mailto:david@rathealpc.com]
Sent: Tuesday, November 15, 2011 3:15 PM
To: Jodi Bonds
Subject: RE: BUSBEE
Thank you Jodi. Hopefully we will receive it by Thursday if it was mailed today.
From: Jodi Bonds [mailto:Jodi.Bonds@arledgelawoffice.com
Sent: Tuesday, November 15, 2011 11:40 AM
To: david@rathealpc.com
Subject: BUSBEE
We received the original by USPS mail today, we did receive the fax version last week. We will be
sending the original by this email, regular mail and via facsimile today. If you should have any further
questions, please do not hesitate to contact the office.
Jodi Bonds
Legal Assistant to
Christopher A. Arledge
P.O. Box 355
Mustang, OK 73064
(405) 376-0911 Phone
(405) 376-0929 FacsimileDavid Smith
From: David Smith
Sent: Thursday, April 19, 2012 2:30 PM
To: ‘Chris Arledge'
Subject: RE: Motion to Settle
JournalPM: J
Chris
That's fine re. the JE just send it tonight or tomorrow morning. Please don't forget though, we really need to get it filed
and move on.
I talked to Donelle re. the withdrawal. She will not object only if Barbara is not allowed to continue the trial dates.
David W. Smith II
Ratheal & Associates, P.C.
4045 NW 64th St., Ste. 210
Oklahoma City, OK 73116
405.842.6342 (office)
405.842.6708 (fax)
David@Rathealpc.com
CONFIDENTIALITY NOTICE: The information contained in this communication may be legally
privileged, confidential or otherwise protected by law. It is intended only for the use and information of the
individuals or entities to whom it is addressed. If you are not the intended recipient, you are hereby notified that
any dissemination, distribution or copying of this communication is strictly prohibited. If you have received
this communication in error, please immediately notify us and delete the original message and any copies.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you
that any federal tax advise contained in this communication (including any attachments) is not intended or
written to be used, and cannot be used, for the purpose of (i) avoiding penalties under that Internal Revenue
Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
From: Chris Arledge [mailto:Arledgelaw@aol.com.
Sent: Thursday, April 19, 2012 7:30 AM
To: David Smith
Subject: Re: Motion to Settle
David,
| just saw this as | was in Court all day yesterday. Today, | am going to be in Tulsa for Business Valuation CLE. | can
forward a copy to you when | get back tonight or first thing in morning.
Do you have any objection to my motion to withdraw, if not please sign that Order.
Thank you.
Sent from my iPhone
EXHIBIT
Chris A. Arledge ]P.O. Box 355
Mustang Ok 73064
(405) 376-0911 Office
(405) 626-2575 Cell
On Apr 18, 2012, at 11:54 AM, David Smith wrote:
Jodi & Chris
| still have not received a JE back from Chris on the revised financial issues in Busbee. If it isn't faxed or
emailed today by 5pm, | will be forced to file a Motion to Settle. | have reminded Chris twice about this
JE.
David W. Smith II
Ratheal & Associates, P.C.
4045 NW 64th St., Ste. 210
Oklahoma City, OK 73116
405.842.6342 (office)
405.842.6708 (fax)
David@Rathealpc.com
CONFIDENTIALITY NOTICE: The information contained in this communication may be
legally privileged, confidential or otherwise protected by law. It is intended only for the use and
information of the individuals or entities to whom it is addressed. If you are not the intended
recipient, you are hereby notified that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this communication in error, please
immediately notify us and delete the original message and any copies.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS,
we inform you that any federal tax advise contained in this communication (including any
attachments) is not intended or written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under that Internal Revenue Code or (ii) promoting, marketing or
recommending to another party any transaction or matter addressed herein.
From: Jodi Bonds [mailto:Jodi.Bonds@arledgelawoffice.com
Sent: Tuesday, November 15, 2011 3:52 PM
To: David Smith
Subject: RE: BUSBEE
| took it to the post office myself during lunch. It should be there. Please let ME know if it does not.
Thank you.
Jodi Bonds
Legal Assistant to
Christopher A. Arledge
P.O. Box 355
Mustang, OK 73064
(405) 376-0911 Phone
(405) 376-0929 FacsimileFrom: David Smith [mailto:david@rathealpc.com.
Sent: Tuesday, November 15, 2011 3:15 PM
To: Jodi Bonds
Subject: RE: BUSBEE
Thank you Jodi. Hopefully we will receive it by Thursday if it was mailed today.
From: Jodi Bonds [mailto:Jodi.Bonds@arledgelawoffice.com.
Sent: Tuesday, November 15, 2011 11:40 AM
To: david@rathealpc.com
Subject: BUSBEE
We received the original by USPS mail today, we did receive the fax version last week. We will be
sending the original by this email, regular mail and via facsimile today. If you should have any further
questions, please do not hesitate to contact the office.
Jodi Bonds
Legal Assistant to
Christopher A. Arledge
P.O. Box 355
Mustang, OK 73064
(405) 376-0911 Phone
(405) 376-0929 FacsimileDavid Smith
From: David Smith
Sent: Friday, April 20, 2012 10:57 AM
To: ‘Chris Arledge’
Subject: RE: Motion to Settle
JournalPM: J
Chris
| haven't received a fax or email from you today. If you're going to send it please do so now, otherwise | will begin a
MTSJE after my current project.
David W. Smith II
Ratheal & Associates, P.C.
4045 NW 64th St., Ste. 210
Oklahoma City, OK 73116
405.842.6342 (office)
405.842.6708 (fax)
David@Rathealpc.com
CONFIDENTIALITY NOTICE: The information contained in this communication may be legally
privileged, confidential or otherwise protected by law. It is intended only for the use and information of the
individuals or entities to whom it is addressed. If you are not the intended recipient, you are hereby notified that
any dissemination, distribution or copying of this communication is strictly prohibited. If you have received
this communication in error, please immediately notify us and delete the original message and any copies.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you
that any federal tax advise contained in this communication (including any attachments) is not intended or
written to be used, and cannot be used, for the purpose of (i) avoiding penalties under that Internal Revenue
Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
From: Chris Arledge [mailto:Arledgelaw@aol.com:
Sent: Thursday, April 19, 2012 7:30 AM
To: David Smith
Subject: Re: Motion to Settle
David,
| just saw this as | was in Court all day yesterday. Today, | am going to be in Tulsa for Business Valuation CLE. | can
forward a copy to you when | get back tonight or first thing in morning.
Do you have any objection to my motion to withdraw, if not please sign that Order.
Thank you.
Sent from my iPhone
Chris A. Arledge
P.O. Box 355 EXHIBIT
Mustang Ok 73064(405) 376-0911 Office
(405) 626-2575 Cell
On Apr 18, 2012, at 11:54 AM, David Smith wrote:
Jodi & Chris
I still have not received a JE back from Chris on the revised financial issues in Busbee. If it isn't faxed or
emailed today by 5pm, | will be forced to file a Motion to Settle. | have reminded Chris twice about this
JE.
David W. Smith II
Ratheal & Associates, P.C.
4045 NW 64th St., Ste. 210
Oklahoma City, OK 73116
405.842.6342 (office)
405.842.6708 (fax)
David@Rathealpc.com
CONFIDENTIALITY NOTICE: The information contained in this communication may be
legally privileged, confidential or otherwise protected by law. It is intended only for the use and
information of the individuals or entities to whom it is addressed. If you are not the intended
recipient, you are hereby notified that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this communication in error. please
immediately notify us and delete the original message and any copies.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS.
we inform you that any federal tax advise contained in this communication (including any
attachments) is not intended or written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under that Internal Revenue Code or (ii) promoting, marketing or
recommending to another party any transaction or matter addressed herein.
From: Jodi Bonds [mailto:Jodi.Bonds@arledgelawoffice.com
Sent: Tuesday, November 15, 2011 3:52 PM
To: David Smith
Subject: RE: BUSBEE
| took it to the post office myself during lunch. It should be there. Please let ME know if it does not.
Thank you.
Jodi Bonds
Legal Assistant to
Christopher A. Arledge
P.O. Box 355
Mustang, OK 73064
(405) 376-0911 Phone
(405) 376-0929 FacsimileFrom: David Smith [mailto:david@rathealpc.com]
Sent: Tuesday, November 15, 2011 3:15 PM
To: Jodi Bonds
Subject: RE: BUSBEE
Thank you Jodi. Hopefully we will receive it by Thursday if it was mailed today.
From: Jodi Bonds [mailto:Jodi.Bonds@arledgelawoffice.com
Sent: Tuesday, November 15, 2011 11:40 AM
To: david@rathealpc.com
Subject: BUSBEE
We received the original by USPS mail today, we did receive the fax version last week. We will be
sending the original by this email, regular mail and via facsimile today. If you should have any further
questions, please do not hesitate to contact the office.
Jodi Bonds
Legal Assistant to
Christopher A. Arledge
P.O. Box 355
Mustang, OK 73064
(405) 376-0911 Phone
(405) 376-0929 FacsimileIN THE DISTRICT COURT OF CANADIAN COUNTY
STATE OF OKLAHOMA
IN RE THE MARRIAGE OF: )
)
BARBARA ANN BUSBEE, )
)
Petitioner, )
)
and, ) Case No. FD-2006-647
) (Judge Hatfield)
LANCE AARON BUSBEE, )
)
Respondent. )
REVISED JOURNAL ENTRY REGARDING REMAINING FINANCIAL
ISSUES
COMES ON for hearing this 23"° day of February, 2012, before me, Judge of the
District Court, Petitioner’s Motion to Reconsider Journal Entry Regarding Remaining
Financial Issues. Petitioner, Barbara Ann Darragh, appears in person and through her attorney
of record, Christopher A. Arledge, of CHRISTOPHER A. ARLEDGE, P.C. Respondent,
Lance Aaron Busbee, appears through his attorneys of record, Donelle H. Ratheal and David
W. Smith II, of RATHEAL & ASSOCIATES, P.C. The Guardian ad Litem, Bridget
Childers, Esq., does not appear.
Upon a review of the pleadings, and after hearing argument of counsel and taking
evidence, this Court FINDS and ORDERS the following:
1. Petitioner’s motion is sustained as to the following: Page 2, line item number 9
should be $11,072.00 owed and not $9,620.00. Based upon the above change, Respondent
owes Petitioner $251.00.
Revised Journal Entry Regarding Remaining Financial Issues
In re Marriage of Busbe
re Marriage of Busbee EXHIBIT
Page 1 of 32. Paragraph 3 of the Order shall be revised to reflect that Respondent owes
Petitioner the sum of $416.64 to reconcile outstanding child support payments between them.
3. The remainder of Petitioner’s Motion is denied, including her request for base
child support from Respondent from July 31, 2008 through September 1, 2009.
4. Respondent shall modify the applicable provisions of the garnishment order.
5. Attorney fees relating to Petitioner’s multiple motions relating to the remaining
financial issues are reserved.
IT IS SO ORDERED.
DATED & SIGNED THIS DAY OF » 2012.
JUDGE OF THE DISTRICT COURT
In re Marriage of Busbee
Revised Journal Entry Regarding Remaining Financial Issues
Page 2 of 3APPROVED:
Christopher A. Arledge OBA 15487
CHRISTOPHER A. ARLEDGE, P.C.
528 W. Highway 152, Suite 101
P.O. Box 355
Mustang OK 73064
(405) 376-0911
(405) 376-0929
arledgelaw@aol.com
ATTORNEY FOR PETITIONER
Donelle H. Ratheal OBA 14876
David W. Smith II OBA 22304
RATHEAL & ASSOCIATES, P.C.
4045 NW 64" Street, Suite 210
Oklahoma City, OK 73116
(405) 842-6342 (telephone)
(405) 842-6708 (fax)
donelle@rathealpc.com
david@rathealpc.com
ATTORNEYS FOR RESPONDENT
M:\clients\busbee\pleadings\remainingfinancialissuesord.doc
In re Marriage of Busbee
Revised Journal Entry Regarding Remaining Financial Issues
Page 3 of 3
Preview
7 * eyes LED MARIE RAMSEY COURT CLERK by GANADIAN COUNTY, OKLA IN THE DISTRICT COURT OF CANADIAN C! Y STATE OF OKLAHOMA MAY ~ 9 2012 IN RE THE MARRIAGE OF: ) BY \ W { (OLOU ) DEPUTY BARBARA ANN BUSBEE, ) ) Petitioner, ) ) and, ) Case No. FD-2006-647 ) (Judge Hatfield) LANCE AARON BUSBEE, ) ) Respondent. ) RESPONDENT’S MOTION TO SETTLE REVISED JOURNAL ENTRY REGARDING REMAINING FINANCIAL ISSUES COMES NOW Respondent, through his attorneys of record, Donelle H. Ratheal and David W. Smith II, of RATHEAL, MAGGARD & FORTUNE, PLLC, and respectfully moves this Court to settle the Revised Journal Entry Regarding Remaining Financial Issues. In support of his Motion, he states the following: 1. On December 13, 2011, a Court Minute on Remaining Financial Issues was signed by parties’ counsel and approved by the Court. 2. On January 5, 2012, Respondent filed a Motion to Settle Journal Entry after Petitioner’s counsel failed to object to or execute the Journal Entry on Remaining Financial Issues (“Journal Entry”). 3. On January 24, 2012, a pre-trial conference was held. Respondent again presented his Journal Entry to Petitioner’s counsel. Petitioner’s counsel reviewed the Journal Entry and it was approved by the Court and filed the same day. 4. On February 3, 2012, Petitioner filed a Motion to Reconsider. In re Marriage of Busbee Respondent’s Motion to Settle Revised Journal Entry on Remaining Financial Issues Page 1 of 45. Respondent’s Objection to Petitioner’s Second Motion to Reconsider was filed February 16, 2012. 6. On February 24, 2012, parties appeared for the first day of a hearing on Petitioner’s Motion to Modify Custody. Parties’ counsel conferred and agreed that a mathematical error existed in the Journal Entry in favor of Petitioner. A Court Minute was filed to reflect the agreed changes. (Exhibit “1”). 7. Respondent’s counsel hand-delivered a Revised Journal Entry on Remaining Financial Issues (“Revised Journal Entry”) to Petitioner’s counsel at the second day of the hearing on Petitioner’s Motion to Modify on March 1, 2012. 8. On March 8, 2012, at the third day of the hearing on Petitioner’s Motion to Modify. Respondent’s counsel reminded Petitioner’s counsel that he had failed to sign the Revised Journal Entry. 9. On March 30, 2012, Respondent’s counsel saw Petitioner’s counsel in court in another county on unrelated cases. Respondent’s counsel reminded Petitioner’s counsel, again, of the outstanding Revised Journal Entry. 10. On April 18, 2012, Respondent’s counsel emailed Petitioner’s counsel, again, to remind him that he had failed to sign the Revised Journal Entry. (Exhibit “2”). 11. On April 19, 2012, Petitioner’s counsel advised that he would send a signed copy of the Revised Journal Entry to Respondent’s counsel the next morning. (Exhibit “3”). Respondent’s counsel agreed to wait, until April 20, 2012, to file a Motion to Settle if he did not receive the Revised Journal Entry that day. (Exhibits “4” & “5”). In re Marriage of Busbee Respondent’s Motion to Settle Revised Journal Entry on Remaining Financial Issues Page 2 of 412. _ Petitioner’s counsel did not respond to Respondent’s counsel by April 20, 2012. He has not sent a response. 13. Respondent has attached the proposed revised journal entry (Exhibit “6”). 14. Respondent requests that this Court approve the attached revised journal entry. 15. Respondent additionally requests that this Court assess the reasonable costs of bringing, filing and preparing this motion against Petitioner, including attorney fees, of $1,000.00. WHEREFORE, Respondent respectfully requests that this Court approve his proposed journal entry and assess costs against Petitioner, together with any other relief deemed equitable by this Court. Deborah E. Fortune OBA 3042 David W. Smith Il OBA 22304 RATHEAL, MAGGARD & FORTUNE, PLLC 4045 N.W. 64th, Suite 210 Oklahoma City, OK 73116 (405) 842-6342 (telephone) (855) 842-6342 (toll free) (405) 842-6708 (fax) donelle@rathealpc.com darquita@ rathealpc.com deborah@ rathealpc.com david@ rathealpc.com ATTORNEYS FOR RESPONDENT List of Authorities: Rule 11(D) of the Rules for the Seventh Judicial District (April, 2010). In re Marriage of Busbee Respondent’s Motion to Settle Revised Journal Entry on Remaining Financial Issues Page 3 of 4CERTIFICATE OF MAILING I certify that on the « day of May, 2012, I mailed a true and correct copy of the above and foregoing Respondent’s Motion to Settle Journal Entry, United States mail, proper postage prepaid, to the attorney of record for Petitioner and Guardian ad Litem, namely: Christopher A. Arledge Bridget M. Childers 528 W. Highway 152, Suite 101 9024 S.E.29", Suite A P.O. Box 355 Oklahoma City, OK 73150 Mustang, OK 73064 al MA Donelle H. “\Rathil OBA\ wa M:\clients\busbee2\pleadings\settlemot3.doc In re Marriage of Busbee Respondent’s Motion to Settle Revised Journal Entry on Remaining Financial Issues Page 4 of 4(ANRNARORRAN on “FILED *T01771260 IN THE DISTRICT COURT OF CANADIAN GAA Sr GOUrT CLER « STATE OF OKLAHOMA FEB 2.4 2012 casee_I°0-200b- 647 Bax Ba ug pee G Plaintiff(s) Attorney for Plaintiff vs. Lance Bushee Ne Kafhen Defendant(s) Attorney for Defendant COURT MINUTE pate:_2723 -2612 JUDGE: bachuce bathe ff nearincon:__ Molin fv —_Rewnside- sé @ hep: torcding Ke ining Fist Loner RULING BY . court:__() Pebthiners — Mghin 3 _pochizlly Suasthie a @ Py 2. (ie_ttem #9 shuld be 1,022 owel and net 16.20. B theelee Lolhu owes mutfer _2SIw pod mim gues father /20htv. @ B) Revising that churaes gy a Cont Onder head Responds int Owls Pebitente 4a Myraent tu_Pebhiner ¢ copctsents undp poyntats , © Facaycaph a? L\ chueyed fre 102 h SB” 4 dey e390 = ' jo A WF Comrn—t) fat Why sce Ww Opie wee Ve ryed presets s _ Ve con whm Re —L neE 4 ed "FL ote {9 Aus Cece veya \ . YL 231) 0% Aho a/ike; A) e+ a Guenis al hh tlect — contbed amonnt Approved;. Pam? jaintiff Approved: Bw, LLY ‘Attorney for vi iff Lie i\ Wa Obe aff L Approved: __| Approved: __| Defendant SSSDavid Smith From: David Smith Sent: Wednesday, April 18, 2012 11:48 AM To: ‘Jodi Bonds’; 'arledgelaw@aol.com'’; 'chris.arledge@arledgelawoffice.com’, ‘chris@arledgelawoffice.com' Subject: Motion to Settle JournalPM: J Jodi & Chris | still have not received a JE back from Chris on the revised financial issues in Busbee. If it isn't faxed or emailed today by 5pm, | will be forced to file a Motion to Settle. | have reminded Chris twice about this JE. David W. Smith II Ratheal & Associates, P.C. 4045 NW 64th St., Ste. 210 Oklahoma City, OK 73116 405.842.6342 (office) 405.842.6708 (fax) David @Rathealpc.com CONFIDENTIALITY NOTICE: The information contained in this communication may be legally privileged, confidential or otherwise protected by law. It is intended only for the use and information of the individuals or entities to whom it is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us and delete the original message and any copies. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any federal tax advise contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under that Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Jodi Bonds [mailto:Jodi.Bon rl lawoffi Sent: Tuesday, November 15, 2011 3:52 PM To: David Smith Subject: RE: BUSBEE | took it to the post office myself during lunch. It should be there. Please let ME know if it does not. Thank you. Jodi Bonds Legal Assistant to Christopher A. Arledge P.O. Box 355 Mustang, OK 73064 (405) 376-0911 Phone (405) 376-0929 Facsimile EXHIBITFrom: David Smith ilto:david@rath Sent: Tuesday, November 15, 2011 3:15 PM To: Jodi Bonds Subject: RE: BUSBEE Thank you Jodi. Hopefully we will receive it by Thursday if it was mailed today. From: Jodi Bonds [mailto:Jodi.Bonds@arledgelawoffice.com] Sent: Tuesday, November 15, 2011 11:40 AM To: david@rathealpc.com Subject: BUSBEE We received the original by USPS mail today, we did receive the fax version last week. We will be sending the original by this email, regular mail and via facsimile today. If you should have any further questions, please do not hesitate to contact the office. Jodi Bonds Legal Assistant to Christopher A. Arledge P.O. Box 355 Mustang, OK 73064 (405) 376-0911 Phone (405) 376-0929 FacsimileDavid Smith From: Chris Arledge Sent: Thursday, April 19, 2012 7:30 AM To: David Smith Subject: Re: Motion to Settle David, | just saw this as | was in Court all day yesterday. Today, | am going to be in Tulsa for Business Valuation CLE. | can forward a copy to you when | get back tonight or first thing in morning. Do you have any objection to my motion to withdraw, if not please sign that Order. Thank you. Sent from my iPhone Chris A. Arledge P.O. Box 355 Mustang Ok 73064 (405) 376-0911 Office (405) 626-2575 Cell On Apr 18, 2012, at 11:54 AM, David Smith wrote: Jodi & Chris I still have not received a JE back from Chris on the revised financial issues in Busbee. If it isn't faxed or emailed today by 5pm, | will be forced to file a Motion to Settle. | have reminded Chris twice about this JE. David W. Smith II Ratheal & Associates, P.C. 4045 NW 64th St., Ste. 210 Oklahoma City, OK 73116 405.842.6342 (office) 405.842.6708 (fax) David@Rathealpc.com CONFIDENTIALITY NOTICE: The information contained in this communication may be legally privileged, confidential or otherwise protected by law. It is intended only for the use and information of the individuals or entities to whom it is addressed. If you are not the intended recipient, you are hereby notified that any dissemination. distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us and delete the original message and any copies. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS. we inform you that any federal tax advise contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i“_~~ ~~ avoiding penalties under that Internal Revenue Code or (ii) promoting. marketing or recommending to another party any transaction or matter addressed herein. From: Jodi Bonds [mailto:Jodi, Bonds@arledgelawoffice.com] Sent: Tuesday, November 15, 2011 3:52 PM To: David Smith Subject: RE: BUSBEE | took it to the post office myself during lunch. It should be there. Please let ME know if it does not. Thank you. Jodi Bonds Legal Assistant to Christopher A. Arledge P.O. Box 355 Mustang, OK 73064 (405) 376-0911 Phone (405) 376-0929 Facsimile From: David Smith [mailto:david@rathealpc.com] Sent: Tuesday, November 15, 2011 3:15 PM To: Jodi Bonds Subject: RE: BUSBEE Thank you Jodi. Hopefully we will receive it by Thursday if it was mailed today. From: Jodi Bonds [mailto:Jodi.Bonds@arledgelawoffice.com Sent: Tuesday, November 15, 2011 11:40 AM To: david@rathealpc.com Subject: BUSBEE We received the original by USPS mail today, we did receive the fax version last week. We will be sending the original by this email, regular mail and via facsimile today. If you should have any further questions, please do not hesitate to contact the office. Jodi Bonds Legal Assistant to Christopher A. Arledge P.O. Box 355 Mustang, OK 73064 (405) 376-0911 Phone (405) 376-0929 FacsimileDavid Smith From: David Smith Sent: Thursday, April 19, 2012 2:30 PM To: ‘Chris Arledge' Subject: RE: Motion to Settle JournalPM: J Chris That's fine re. the JE just send it tonight or tomorrow morning. Please don't forget though, we really need to get it filed and move on. I talked to Donelle re. the withdrawal. She will not object only if Barbara is not allowed to continue the trial dates. David W. Smith II Ratheal & Associates, P.C. 4045 NW 64th St., Ste. 210 Oklahoma City, OK 73116 405.842.6342 (office) 405.842.6708 (fax) David@Rathealpc.com CONFIDENTIALITY NOTICE: The information contained in this communication may be legally privileged, confidential or otherwise protected by law. It is intended only for the use and information of the individuals or entities to whom it is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us and delete the original message and any copies. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any federal tax advise contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under that Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Chris Arledge [mailto:Arledgelaw@aol.com. Sent: Thursday, April 19, 2012 7:30 AM To: David Smith Subject: Re: Motion to Settle David, | just saw this as | was in Court all day yesterday. Today, | am going to be in Tulsa for Business Valuation CLE. | can forward a copy to you when | get back tonight or first thing in morning. Do you have any objection to my motion to withdraw, if not please sign that Order. Thank you. Sent from my iPhone EXHIBIT Chris A. Arledge ]P.O. Box 355 Mustang Ok 73064 (405) 376-0911 Office (405) 626-2575 Cell On Apr 18, 2012, at 11:54 AM, David Smith wrote: Jodi & Chris | still have not received a JE back from Chris on the revised financial issues in Busbee. If it isn't faxed or emailed today by 5pm, | will be forced to file a Motion to Settle. | have reminded Chris twice about this JE. David W. Smith II Ratheal & Associates, P.C. 4045 NW 64th St., Ste. 210 Oklahoma City, OK 73116 405.842.6342 (office) 405.842.6708 (fax) David@Rathealpc.com CONFIDENTIALITY NOTICE: The information contained in this communication may be legally privileged, confidential or otherwise protected by law. It is intended only for the use and information of the individuals or entities to whom it is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us and delete the original message and any copies. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any federal tax advise contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under that Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Jodi Bonds [mailto:Jodi.Bonds@arledgelawoffice.com Sent: Tuesday, November 15, 2011 3:52 PM To: David Smith Subject: RE: BUSBEE | took it to the post office myself during lunch. It should be there. Please let ME know if it does not. Thank you. Jodi Bonds Legal Assistant to Christopher A. Arledge P.O. Box 355 Mustang, OK 73064 (405) 376-0911 Phone (405) 376-0929 FacsimileFrom: David Smith [mailto:david@rathealpc.com. Sent: Tuesday, November 15, 2011 3:15 PM To: Jodi Bonds Subject: RE: BUSBEE Thank you Jodi. Hopefully we will receive it by Thursday if it was mailed today. From: Jodi Bonds [mailto:Jodi.Bonds@arledgelawoffice.com. Sent: Tuesday, November 15, 2011 11:40 AM To: david@rathealpc.com Subject: BUSBEE We received the original by USPS mail today, we did receive the fax version last week. We will be sending the original by this email, regular mail and via facsimile today. If you should have any further questions, please do not hesitate to contact the office. Jodi Bonds Legal Assistant to Christopher A. Arledge P.O. Box 355 Mustang, OK 73064 (405) 376-0911 Phone (405) 376-0929 FacsimileDavid Smith From: David Smith Sent: Friday, April 20, 2012 10:57 AM To: ‘Chris Arledge’ Subject: RE: Motion to Settle JournalPM: J Chris | haven't received a fax or email from you today. If you're going to send it please do so now, otherwise | will begin a MTSJE after my current project. David W. Smith II Ratheal & Associates, P.C. 4045 NW 64th St., Ste. 210 Oklahoma City, OK 73116 405.842.6342 (office) 405.842.6708 (fax) David@Rathealpc.com CONFIDENTIALITY NOTICE: The information contained in this communication may be legally privileged, confidential or otherwise protected by law. It is intended only for the use and information of the individuals or entities to whom it is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us and delete the original message and any copies. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any federal tax advise contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under that Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Chris Arledge [mailto:Arledgelaw@aol.com: Sent: Thursday, April 19, 2012 7:30 AM To: David Smith Subject: Re: Motion to Settle David, | just saw this as | was in Court all day yesterday. Today, | am going to be in Tulsa for Business Valuation CLE. | can forward a copy to you when | get back tonight or first thing in morning. Do you have any objection to my motion to withdraw, if not please sign that Order. Thank you. Sent from my iPhone Chris A. Arledge P.O. Box 355 EXHIBIT Mustang Ok 73064(405) 376-0911 Office (405) 626-2575 Cell On Apr 18, 2012, at 11:54 AM, David Smith wrote: Jodi & Chris I still have not received a JE back from Chris on the revised financial issues in Busbee. If it isn't faxed or emailed today by 5pm, | will be forced to file a Motion to Settle. | have reminded Chris twice about this JE. David W. Smith II Ratheal & Associates, P.C. 4045 NW 64th St., Ste. 210 Oklahoma City, OK 73116 405.842.6342 (office) 405.842.6708 (fax) David@Rathealpc.com CONFIDENTIALITY NOTICE: The information contained in this communication may be legally privileged, confidential or otherwise protected by law. It is intended only for the use and information of the individuals or entities to whom it is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error. please immediately notify us and delete the original message and any copies. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS. we inform you that any federal tax advise contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under that Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Jodi Bonds [mailto:Jodi.Bonds@arledgelawoffice.com Sent: Tuesday, November 15, 2011 3:52 PM To: David Smith Subject: RE: BUSBEE | took it to the post office myself during lunch. It should be there. Please let ME know if it does not. Thank you. Jodi Bonds Legal Assistant to Christopher A. Arledge P.O. Box 355 Mustang, OK 73064 (405) 376-0911 Phone (405) 376-0929 FacsimileFrom: David Smith [mailto:david@rathealpc.com] Sent: Tuesday, November 15, 2011 3:15 PM To: Jodi Bonds Subject: RE: BUSBEE Thank you Jodi. Hopefully we will receive it by Thursday if it was mailed today. From: Jodi Bonds [mailto:Jodi.Bonds@arledgelawoffice.com Sent: Tuesday, November 15, 2011 11:40 AM To: david@rathealpc.com Subject: BUSBEE We received the original by USPS mail today, we did receive the fax version last week. We will be sending the original by this email, regular mail and via facsimile today. If you should have any further questions, please do not hesitate to contact the office. Jodi Bonds Legal Assistant to Christopher A. Arledge P.O. Box 355 Mustang, OK 73064 (405) 376-0911 Phone (405) 376-0929 FacsimileIN THE DISTRICT COURT OF CANADIAN COUNTY STATE OF OKLAHOMA IN RE THE MARRIAGE OF: ) ) BARBARA ANN BUSBEE, ) ) Petitioner, ) ) and, ) Case No. FD-2006-647 ) (Judge Hatfield) LANCE AARON BUSBEE, ) ) Respondent. ) REVISED JOURNAL ENTRY REGARDING REMAINING FINANCIAL ISSUES COMES ON for hearing this 23"° day of February, 2012, before me, Judge of the District Court, Petitioner’s Motion to Reconsider Journal Entry Regarding Remaining Financial Issues. Petitioner, Barbara Ann Darragh, appears in person and through her attorney of record, Christopher A. Arledge, of CHRISTOPHER A. ARLEDGE, P.C. Respondent, Lance Aaron Busbee, appears through his attorneys of record, Donelle H. Ratheal and David W. Smith II, of RATHEAL & ASSOCIATES, P.C. The Guardian ad Litem, Bridget Childers, Esq., does not appear. Upon a review of the pleadings, and after hearing argument of counsel and taking evidence, this Court FINDS and ORDERS the following: 1. Petitioner’s motion is sustained as to the following: Page 2, line item number 9 should be $11,072.00 owed and not $9,620.00. Based upon the above change, Respondent owes Petitioner $251.00. Revised Journal Entry Regarding Remaining Financial Issues In re Marriage of Busbe re Marriage of Busbee EXHIBIT Page 1 of 32. Paragraph 3 of the Order shall be revised to reflect that Respondent owes Petitioner the sum of $416.64 to reconcile outstanding child support payments between them. 3. The remainder of Petitioner’s Motion is denied, including her request for base child support from Respondent from July 31, 2008 through September 1, 2009. 4. Respondent shall modify the applicable provisions of the garnishment order. 5. Attorney fees relating to Petitioner’s multiple motions relating to the remaining financial issues are reserved. IT IS SO ORDERED. DATED & SIGNED THIS DAY OF » 2012. JUDGE OF THE DISTRICT COURT In re Marriage of Busbee Revised Journal Entry Regarding Remaining Financial Issues Page 2 of 3APPROVED: Christopher A. Arledge OBA 15487 CHRISTOPHER A. ARLEDGE, P.C. 528 W. Highway 152, Suite 101 P.O. Box 355 Mustang OK 73064 (405) 376-0911 (405) 376-0929 arledgelaw@aol.com ATTORNEY FOR PETITIONER Donelle H. Ratheal OBA 14876 David W. Smith II OBA 22304 RATHEAL & ASSOCIATES, P.C. 4045 NW 64" Street, Suite 210 Oklahoma City, OK 73116 (405) 842-6342 (telephone) (405) 842-6708 (fax) donelle@rathealpc.com david@rathealpc.com ATTORNEYS FOR RESPONDENT M:\clients\busbee\pleadings\remainingfinancialissuesord.doc In re Marriage of Busbee Revised Journal Entry Regarding Remaining Financial Issues Page 3 of 3