OCR Text |
Show Richman, P.O. Box 510146, Salt Lake City, Utah 84151 for the balance of the time that the plan is in effect to meet the current obligation of $572.00 per month together with the balance to be applied ; to the arrearage due thereon.. 9. Together with any other relief that the court deems just under the circumstances. cir-cumstances. Dated the 17th day of July, 1990. DORIS J. BEARFIELD SWORN AND SUBSCRIBED to before me this 1 7th day of July, 1 990. CORNELIUS W. HYZER Notary Public Residing in Layton UT My commission expires 82790 Published in the Davis County Clipper First publication Oct. 30, 1990 Last publication Nov. 13, 1990 Issue " C-650 at the county courthouse in Farmington, Davis County, Utah, on the 6th day of December, 1990, at 3:30 o'clock in the P.M. then and there to show cause, if any you have, why the relief prayed for in the attached affidavit should not be granted to the plaintiff. DATED this 27th day of July, 1990. RODNEYS. PAGE Attest Cleric of Court Vickie Hart Deputy Clerk AFFIDAVIT IN SUPPORT OF ORDER TO SHOW CAUSE Case No. 45472 Judge Rodney S. Page IN THE SECOND JUDICIAL DISTRICT COURT IN AND FOR DAVIS COUNTY, STATE OF UTAH DORIS J. BEARFIELD, Plaintiff, vs. JIMMY R. BEARFIELD, Defendant, I, Doris J. Bearfield, the above named nam-ed Plaintiff, being first duly sworn on oath, hereby state as follows: 1. I presently reside at 904 39th Street, Ogden, Weber county, Utah, and ,vas granted a Decree of Divorce from the above named Defendant on the 12th day of October, 1989. 2. 1 continue to have the custody, care and control of the minor child of the marriage, namely Megan Lee Bearfield, bom 91888, and presently age 22 months. 3. I am presendy employed at Hill Air Force Base as a packing specialist making $10.26 per hour on a straight 40 hour work-week with no overtime allowed (GS-7). 4. I have never received any child support from the defendant except $450.00 received between November 1989 and January 1990, with all other amounts remaining due and owing from September 1, 1989, through and including in-cluding July 1990's payment of $185.00, making the total unpaid child support a sum of $1,585.00. 5. I presently have outstanding medical bills from Primary Childrens Hospital, Dr. Ruttenberg, and Pediatric Ultrasound, in a total sum of $285.00 remaining unpaid after the insurance paid its share, of which the defendant is responsible for one-half, or $142.50. 6. I have never received a certain handgun, more specifically described as a Ruger 44 magnum, half the handtools, and my bookcase, which my first husband hus-band built before he died, and was awarded to me in the Decree of Divorce paragraph 3,D. 7. I was required to pay the Utah State Tax Commission the sum of $292,00 which included penalties and interest that the defendant was ordered to pay under paragraph 4.B. in the Decree of Divorce, being income taxes for outstanding at the time of the divorce; my tax refund was attached. 8. The defendant has not made any payments whatsoever to my mother, Barbara J- Panter, 905 39th Street, Ogden UT 84403, on the $3,200.00 he was ordered to pay pursuant to paragraph 4.B. of the Decree of Divorced. Divorc-ed. 9. I was required to pay $100.00 to the Utah Power and Light Company for a utility bill incurred by the defendant after the date of separation, for which plaintiff requests a judgment against the defendant pursuant to paragraph 4.B. of the Decree of Divorce. 10. That the defendant stopped the allotment on his retirement in the sum of $572.00 which he was ordered to pay pursuant to paragraph 4.B. of the Decree of Divorce, a copy of which is attached hereto and incorporated by reference re-ference as if set forth in full, together with a copy of the allotment signed by the defendant, and a copy of the Findings Fin-dings of Fact paragraph 11, which sets forth the finding that the defendant is paying the bankruptcy court through his retirement check the monthly payments required for the confirmed plan in case no. 87C-05297. 11. That on July 12, 1990, the plaintiff plain-tiff appeared in the Northern Division of the Utah Bankruptcy Court to respond res-pond to the Order to Show Cause as to why the Chapter 13 should not be dismissed due to the fact that no payments had been received since February 22, 1990, leaving a substantial amount currently due and owing. 12. That the Honorable Glen E. Clark, United States Bankruptcy Judge, granted a continuance for the plaintiff herein to obtain relief from the Utah State District Court pursuant to the Decree of Divorce. WHEREFORE, plaintiff prays for the court to order the defendant to show cause why a judgment should not be entered against him for the following: 1. Judgment against the defendant for the sum of $1,585.00 plus 12 per annum interest, for child support. 2. Judgment against the defendant for $142.50 for medical expenses due and owing. 3. Judgment against the defendant for $292.00 for income taxes paid by the plaintiff on behalf of the defendant. 4. Judgment against the defendant in the sum of $100.00 for a utility bill paid by the plaintiff on behalf of the defendant. defen-dant. 5. Judgment against the defendant for the sum of $3,200.00 due and owing to Barbara J. Panter. 6. Judgment against the defendant for the sum of $572.00 for the months of March, April, May, June, and July 1990 due and owing on the Chapter 1 3 bankruptcy together with the total arrearage ar-rearage due and owing thereon. 7. That the defendant be found in contempt of this court for his failure to pay the above sums and for his failure to return the personal property items listed in paragraph 6. hereinabove. 8. That the court enter its order to the Federal Military Retirement Office in Denver, Colorado, (AFAFC-JAL, Attn: Susan Jauran, Denver CO 80279-5000) that the total retirement check of the defendant be sent to the standing Chapter 13 trustee, Barbara W. ORDER TO SHOW CAUSE CASE NO. 45472 Judge Rodney S. Page IN THE DISTRICT COURT OF : THE SECOND JUDICIAL DISTRICT IN AND FOR DAVIS COUNTY STATE OF UTAH DORIS J. BEARFIELD Plaintiff, vs. JIMMY R. BEARFIELD, Detendant. TO THE ABOVE NAMED DEI-END ANT: JIMMY L BEARFIELD BEAR-FIELD YOU ARE HEREBY ORDERED to appear before the above -entitled court i I |