ID# 2024-0045763-CV

CLERK OF SUPERIOR COURT

COBB COUNTY, GEORGIA
21108166
IN THE SUPERIOR COURT OF COBB COUNTY Henry R. Thompson - 68
APR 03, 2024 05:17 PM
STATE OF GEORGIA

NATHAN J. WADE, )
)
Plaintiff, )
) CIVIL ACTION
v. )
) FILE NO. 21-1-08166
JOYCELYN WADE, )
)
Defendant. )
________________________________

DEFENDANT’S APPLICATION FOR CITATION OF CONTEMPT

COMES NOW, the Defendant, Joycelyn Wade, and files this, her verified

Application for Citation of Contempt against the Plaintiff, Nathan Wade, and in

support thereof would show this Honorable Court as follows:

1.

On January 30, 2024 this Honorable Court entered a Consent Temporary

Order (hereinafter "Temporary Order") in the above-captioned matter,

incorporating by reference an unfiled Consent Temporary Agreement

(“Temporary Agreement”) which was reviewed and approved by the Court. The

parties agreed that the Temporary Agreement would not be filed with the Court

or disseminated to third parties unless there was an enforcement issue. [Consent

Temporary Order attached hereto as Exhibit A; Consent Temporary Agreement

attached hereto as Exhibit B].

Nathan J. Wade v. Joycelyn Wade

Superior Court of Cobb County; CAFN: 21-1-08166
Defendant’s Application for Citation of Contempt
Page 1 of 9
 2.

The Temporary Agreement states as follows regarding Defendant’s health

care expenses:

“Plaintiff will pay all uncovered medical expenses for Defendant apart from

any elective cosmetic procedures, until further order of the Court. Plaintiff

will additionally pay for routine dental and vision care with a cap for those

items of five hundred dollars ($500) per year. Defendant will forward

invoices to Plaintiff who will pay the same instanter to the medical provider

directly or make arrangements with the provider. If Defendant’s provider

requires immediate payment at the time of service, Plaintiff will be notified

by Defendant and Plaintiff shall arrange for payment instanter to the

provider, and Plaintiff to be provided receipts, etc. from the Defendant if

not sent to Plaintiff directly by the provider. Defendant shall file claims with

the insurance company and shall forward any moneys received to Plaintiff

upon receipt.”

3.

Defendant urgently requires medical procedures, namely an endoscopy,

colonoscopy, and ultrasound, due to severe physical symptoms she has been

enduring. These symptoms have significantly impacted her ability to consume

most foods, leading to a substantial weight loss, notwithstanding her already

slender stature when in better health. Upon information and belief, her condition

Nathan J. Wade v. Joycelyn Wade

Superior Court of Cobb County; CAFN: 21-1-08166
Defendant’s Application for Citation of Contempt
Page 2 of 9
is worsening, and delaying these diagnostic procedures may necessitate

emergency intervention unnecessarily.

4.

Defendant has duly notified Plaintiff of the urgent necessity for these

medical procedures and the need for prepayment in the amount of four

thousand four hundred dollars ($4,400). Specifically, she has communicated that

the medical facility will not even schedule these vital tests until Plaintiff prepays

the associated co-payments directly to the healthcare provider.

5.

Despite a direct request from Defendant to Plaintiff for prepayment and an

additional demand from Defendant’s counsel to Plaintiff’s counsel, Plaintiff has

failed and neglected to fulfill his obligation under the Temporary Order to cover

these necessary healthcare costs. Instead, Plaintiff has instructed Defendant to

make payment to the provider herself, with an assurance of reimbursement.

[Exhibit C attached hereto comprises copies of emails exchanged between the

parties and a subsequent email to Plaintiff’s counsel, further elucidating the

aforementioned interactions.]

6.

Ironically, the Defendant finds herself unable to fulfill the prepayment

obligation to the healthcare provider, despite not being legally obligated to do

so, due to the actions of the Plaintiff. On the day immediately following the entry

Nathan J. Wade v. Joycelyn Wade

Superior Court of Cobb County; CAFN: 21-1-08166
Defendant’s Application for Citation of Contempt
Page 3 of 9
of the Order on January 30, 2024, Plaintiff informed the parties' daughter, an

upperclassman in college with hopes of entering medical school in the near

future, that he would discontinue payment of her rent and living expenses,

instructing her to “get the money from your mother”. It is noteworthy that the

daughter's rent was due that very day. Demonstrating Defendant’s unwavering

commitment to her children's education and future, she promptly covered her

daughter's rent payment and has continued to do so every month thereafter with

the money she receives in spousal support awarded her under the Temporary

Order and Agreement. As an additional note, Plaintiff has very punitively reneged

on his commitment to cover their daughter’s MCAT expenses as well.

7.

The parties' son is currently in Europe, pursuing a career as a professional

soccer player. Despite Plaintiff executing a verified affidavit to the country of

Spain, affirming financial responsibility for his son's expenses for visa purposes, he

subsequently informed his son shortly after the Temporary Order was entered that

he would no longer be providing support for him either, directing the son to “get

the money from your mother”. In response, the Defendant, unwilling to leave their

son in a foreign country without support, has been covering all his expenses and

associated costs for the visa application process with the money she’s receiving

in spousal support. [Attached hereto as Exhibit D is Plaintiff's letter submitted in

support of their son's visa application.]

Nathan J. Wade v. Joycelyn Wade

Superior Court of Cobb County; CAFN: 21-1-08166
Defendant’s Application for Citation of Contempt
Page 4 of 9
 8.

Plaintiff's sudden cessation of support for the parties' children has placed

Defendant in a dire financial situation, resulting in a monthly income of less than

One Thousand Dollars ($1,000.00). Additionally, Defendant cannot currently work

due to her poor health. As a consequence, she finds herself in a worse financial

position than she was prior to the entry of the Consent Order.

9.

Defendant acknowledges that this Court does not have jurisdiction over

the expenses of the parties' young adult children. However, she provides this

information to the Court to illustrate the pressing need for this Application to be

addressed on the Court's next available calendar as Defendant lacks the

financial means to cover the medical procedure prepayment and await

reimbursement from Plaintiff.

10.

Lastly, pursuant to the Consent Order, Plaintiff was to pay a total amount of

Fifteen Thousand Dollars ($15,000) to Frazier Deeter, the firm employing the

Defendant’s financial expert, Beth Garrett.

11.

Plaintiff personally provided a cashier’s check made payable to Frazier

Deeter in the amount of Fifteen Thousand Dollars ($15,000) to Defendant’s

counsel who sent the same to Frazier Deeter by FedEx. FedEx lost the package

and Defendant’s counsel requested Plaintiff’s counsel to have Plaintiff address

Nathan J. Wade v. Joycelyn Wade
Superior Court of Cobb County; CAFN: 21-1-08166
Defendant’s Application for Citation of Contempt
Page 5 of 9
this with the bank. Upon information and belief, Plaintiff had one contact with the

bank who wrote a letter stating that after they did a “deep dive” it would be 90

days until they can reissue the check. Defendant seeks a Court order requiring

Plaintiff to take whatever steps necessary to ensure the cashier’s check is reissued.

[Letter from Plaintiff’s bank re: lost check procedure attached hereto as Exhibit E.]

12.

Plaintiff’s multiple, willful failures to comply with the terms of the Temporary

Order and Agreement constitutes contempt of court.

13.

Defendant has incurred attorney’s fees and expenses of litigation due to

Plaintiff’s actions which are clearly in violation of this Court’s January 30, 2024

Temporary Order, and the parties’ Temporary Agreement which was

incorporated by reference, and as such Defendant is entitled to an award of the

same pursuant to O.C.G.A. § 19-6-2 and any and all other applicable law.

14.

Due to the worsening nature of Defendant’s health, she would request

that the Court reduce Plaintiff’s response time to five (5) days.

WHEREFORE, the Plaintiff respectfully requests that this Honorable Court:

a) Reduce the time for Plaintiff to respond to five (5) days;

Nathan J. Wade v. Joycelyn Wade

Superior Court of Cobb County; CAFN: 21-1-08166
Defendant’s Application for Citation of Contempt
Page 6 of 9
b) Issue a Rule Nisi placing this matter on the Court’s first available

calendar;

c) Issue a Citation of Contempt against the Plaintiff, Nathan Wade, and

find his conduct to be in willful violation of the Consent Temporary

Order dated January 30, 2024;

d) Punish Plaintiff with incarceration ordering a purge in the amount

sufficient for Defendant to schedule her medical procedures, to wit:

$4,400.00;

e) Order Plaintiff to file whatever documentation is required with his

bank to declare the cashier’s check previously issued to Defendant’s

financial expert, Frazier Deeter, lost so that a replacement check

can be issued;

f) Award Defendant her reasonable and necessary attorney’s fees to

bring forth this Application for Citation of Contempt pursuant to

O.C.G.A. § 19-6-2 and any other applicable law; and

g) Award Defendant such other relief that may be equitable and just.

Nathan J. Wade v. Joycelyn Wade

Superior Court of Cobb County; CAFN: 21-1-08166
Defendant’s Application for Citation of Contempt
Page 7 of 9
 Respectfully submitted this 3rd day of April, 2024.

HASTINGS SHADMEHRY, LLC

/s/ Andrea D. Hastings

ANDREA DYER HASTINGS
Georgia Bar No. 929208
STEPHANIE WEIL
Georgia Bar No. 447893
Attorneys for Respondent
3650 Mansell Road, Suite 475
Alpharetta, Georgia 30022
(770) 641-8200
andee@hsfamilylaw.com
stephanie@hsfamilylaw.com

Nathan J. Wade v. Joycelyn Wade

Superior Court of Cobb County; CAFN: 21-1-08166
Defendant’s Application for Citation of Contempt
Page 8 of 9
 IN THE SUPERIOR COURT OF COBB COUNTY
STATE OF GEORGIA

NATHAN WADE, )
)
Plaintiff, )
) CIVIL ACTION
v. )
) FILE NO. 21-1-08166
JOYCELYN WADE, )
)
Defendant. )
________________________________

CERTIFICATE OF SERVICE
I certify that I have this day, served a copy of the foregoing Defendant’s

Application for Citation of Contempt upon Plaintiff by and through his counsel of

record, via statutory electronic service addressed as follows:

M. Scott Kimbrough
skimbrough@dupree-lawfirm.com
Attorney for Plaintiff

This 3rd day of April, 2024.

HASTINGS SHADMEHRY LLC

/s/ Andrea D. Hastings

3650 Mansell Road, Suite 475 ANDREA DYER HASTINGS
Alpharetta, Georgia 30022 Georgia Bar No. 929208
andee@hsfamilylaw.com STEPHANIE D. WEIL
stephanie@hsfamilylaw.com Georgia Bar No. 447893
Attorneys for Defendant

Nathan J. Wade v. Joycelyn Wade

Superior Court of Cobb County; CAFN: 21-1-08166
Defendant’s Application for Citation of Contempt
Page 9 of 9
 ID# 2024-0013509-CV

CLERK OF SUPERIOR COURT

COBB COUNTY, GEORGIA
Exhibit A 21108166
Henry R. Thompson - 68
JAN 30, 2024 04:39 PM
□ocuSign Envelope ID: 8SD7A677-303E-46eD«01D-506B7BASE950

Exhibit B
IN THE SUPERIOR COURT OF COBB COUNTY
STATE OF GEORGIA

NATHAN JEROME WADE JR, )

)
Plaintiff, )
) CIVIL ACTiON
V. ) FILE NO. 21108166
)
JOYCELYN YVONNE WADE, )
)
Defendant. )

CONSENT TEMPORARY AGREEMENT

The parties having come to an agreement on certain matters on a

temporary basis and the same being agreed to by the parties by their signatures
hereunder, it is agreed as follows:

SPOUSAL SUPPORT

Plaintiff will pay temporary spousal support to Defendant in the amount of

Five Thousand Seven Hundred Fifty Dollars ($5,750) per month, on or before the
first day of every month beginning February 1,2024 by direct deposit into
Defendant's Chase checking account, until further order of the Court.
Defendant to provide deposit information to Plaintiff.

MEDICAL BILLS

Plaintiff will pay all uncovered medical expenses for Defendant apart from
any elective cosmetic procedures, until further order of the Court. Plaintiff will
additionally pay for routine dental and vision care with a cap for those items of
five-hundred dollars ($500) per year. Defendant will forward invoices to Plaintiff
who will pay the same insfanfer to the medical provider directly or make
Nathan J. Wade v. Joycelyn Wade
Cobb County Superior Court; CAFN: 21108166
Consent Temporary Agreement
Page 1 of 5
DS DS
DocuSign Envelope ID: 86D7A677-303E-468D-B01D-506B7BA8E95D

arrangements with the provider. If Defendant's provider requires immediate

payment at the time of service. Plaintiff will be notified by Defendant and
Plaintiff shall arrange for payment instanter to the provider, and Plaintiff to be
provided receipts etc. from the Defendant if not sent to Plaintiff directly by the
provider. Defendant shall file claims with the insurance company and shall
forward any moneys received to Plaintiff upon receipt.

FEES TO FRAZIER DEETER

Plaintiff shall pay the sum of Ten Thousand Dollars ($10,000) to Frazier
Deeter for financial accounting services provided to Defendant on or before
February 1,2024. Plaintiff shall make an additional payment of Five Thousand
Dollars ($5,000) on or before March 1,2024.

AHORNEY’S FEES

Plaintiff shall pay Twenty Five Thousand Dollars ($25,000) in attorney’s fees
to Defendant's attorneys, Hastings Shadmehry LLC, on or before February 1,
2024. Plaintiff shall make another payment of Ten Thousand Dollars ($10,000) to
Hastings Shadmehry on or before March 1,2024 and then another payment of
Ten Thousand Dollars ($10,000) on or before April 1,2024. Redacted attorney’s
invoice from Hastings Shadmehry LLC will be provided to Plaintiff's counsel within
five (5) days.

HOME DEPOT CARD

Plaintiff shall pay the remainder of Defendant’s Home Depot credit card
balance on or before March 1,2024.

Nathan J. Wade v. Joyceiyn Wade

Cobb County Superior Court; CAFN: 21108166
Consent Temporary Agreement
DS DS
Page 2 of 5

J(M
DocuSign Envelope ID: 86D7A677-303E-468D-B01D-506B7BA8E95D

PLAINTIFF TO PROVIDE ADDITIONAL DOCUMENTS

Plaintiff's counsel shall provide to Defendant's counsel all documentation

that exists listed on Exhibit A attached within thirty (30) days.

MEDIATION

Upon receipt of all documentation in existence referenced in Exhibit A,

mediation shall be scheduled to occur within forty-five (45) days of the same.

MARITAL RESIDENCE

The marital residence shall be listed for sale immediately pursuant to a

side sale agreement which is not currently signed at the time of this Consent
Temporary Agreement. If the parties cannot agree to the terms of the side sale
agreement, each party will submit proposed side sale agreements to the Court
who will choose one or enter its own.

Plaintiff shall have temporary exclusive use of the marital residence.

The side sale agreement shall provide that both parties may submit the
names of 3 listing agents from different brokerages, and the parties may choose
one of the 6 total proposed listing agents. If the parties cannot agree, the
parties shall submit their choices to the Court who will choose one.

All net proceeds from the sale of the home shall be deposited into the
lOLTA account of Plaintiff’s counsel and held until further order of the Court.

Each party warrants that there are no liens or other loans secured by the marital
residence apart from the mortgage currently held by Newrez/PHH Mortgage
Services with an approximate payoff of $245,000.

Counsel shall cooperate regarding having Defendant's personal property

removed from the marital residence prior to closing.

Nathan J. Wade v. Joycelyn Wade

Cobb County Superior Court; CAFN: 21108166
Consent Temporary Agreement
Page 3 of 5
DS OS
DocuSign Envelope ID: 86D7A677-303E-468D-B01D-506B7BA8E95D

AGREEMENT TO BE INCORPORATED INTO A CONSENT TEMPORARY ORDER BY

REFERENCE

This Consent Temporary Agreement shall be incorporated Into a Consent

Temporary Order to be filed with the Court and shall be enforceable as though
fully set forth in the Order signed by the Court.

AGREEMENT NOT TO BE DISTRIBUTED

The parties agree that copies of this Consent Temporary Agreement shall
not be disseminated to third parties, but may be introduced as evidence in
order to demonstrate the terms and provisions which were incorporated by the
Consent Temporary Order, in the event of an enforcement or contempt action.

IN WITNESS WHEREOF, the parties hereto have executed this Consent Temporary
Agreement as of the date first below written.

All other issues are reserved.

This 30^^ day of January, 2024.

[signatures on following page]

Nathan J. Wade v. JoycelynA/Vade

Cobb County Superior Court; CAFN; 21108166
Consent Temporary Agreement
os OS Page 4 of 5

J(!)
DocuSign Envelope ID: 86D7A677-3O3E-468D-BO1D-5O6B7BA0E95D

□ocuSigned by: DoeuSigned by:

OTBF7E3IE7B5WE —-c/iiyyn4b/24Uii
NATHAN J. WADE JOYCELYN WADE

1/30/2024 1/30/2024

DUPREE& KIMBROUGH, LLP HASTINGS SHADMEHRY, LLC

DoeuSigned by: OocuSlgned by:

M^ramTBROUGH
'-T-81DP49AC7C3M3C.. , , -
Andrea Dyer Hastings, Esq.
Georgia State Bar No. 418998 Georgia State Bar No. 929208
49 Green Street Mali C. Shadmehry, Esq.
Marietta, Georgia 30060 Georgia State Bar No. 193173
(770) 424-7171 Stephanie Weil, Esq.
skimbrouqh@dupree-lawfirm.com Georgia State Bar No. 447893
Attorney for Plaintiff 3650 Mansell Road, Suite 475
1/30/2024 Alpharetta, GA 30022
(770) 641-8200
andee@hsfamiivlaw.com
maii@hsfamilvlaw.com
steDhanie@hsfamilvlaw.CQm
Attorneys for Defendant
1/30/2024

Nathan J. Wade v. Joycelyn WaxLe

Cobb County Superior Court; CAFN: 21108166
Consent Temporary Agreement
OS os
Page 5 of 5

JO)
Exhibit C
 Exhibit D

CIVIL LITIGATION, CONTRACTS, FAMILY

LAW
CRIMINAL LAW, TORTS, PERSONAL INJURY

——————————————————————————————————————————

January 20, 2024

Regarding Nathan J. Wade III

Sponsor: Nathan J. Wade
3754 Honey Pot Way
Marietta, GA 30066

To whom it may concern:

This form is to certify that I, Nathan J. Wade, the father of Nathan J. Wade III, am willing to
support my son while studying and or living in Madrid, Spain

I am a licensed Attorney in good standing in the State of Georgia and I currently practice law. I
am financially able to support my son with whatever he needs while in Madrid, Spain.

I understand that these funds must be available for the entire length of his stay in Madrid, Spain.

I certify that this information is true and accurate.

If you have any questions or concerns about this matter, please contact me at the following email
and phone number: nathanwade@lawyer.com 678-613-5822

Sincerely,

Nathan J. Wade
Exhibit E