COUNTY OF UTAH, STATE OF UTAH
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MOTION TO ALTER AND AMEND DECREE
RUTH B. WARTHEN,
Plaintiff.
vs.
JAMES ALFRED WARTHEN,
Defendant.
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Comes now the defendant, James Alfred Warthen, and moves the court to alter and amend the decree entered in the above entitled cause on the 20th day of November, 1926, to give the defendant, James Alfred Warthen, the custody and control of the said minor children, to-wit: Sterling Warthen, Paul Warthen, Alden [sic] B. Warthen, Janice Warthen and Dean Warthen; also to amend the amount of alimony to be paid to the plaintiff and also to alter and amend the courts decree relative to the possession and control of the family home in Springville, Utah, said motion to be based upon affidavits and evidence introduced at the hearing of this motion.
Abe W. Turner
Attorney for Defendant.
Knight Block, Provo, Utah.
1927.
__________________________
Attorney for Plaintiff
IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT,
COUNTY OF UTAH, STATE OF UTAH.
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RUTH B. Warthen,
Plaintiff.
vs.
JAMES ALFRED WARTHEN
Defendant.
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COUNTY OF UTAH
James Alfred Warthen, being first duly sworn, depose and says: that a decree was duly entered in the above entitled cause on or about the 20th day of November, 1926 and that by the terms of said decree, the plaintiff Ruth B. Warthen, was given the custody and control of the minor children, to-wit: Sterling Warthen, Paul Warthen, Alden [sic] B. Warthen, Janice Warthen and Dean Warthen; and that the family home at Springville, Utah was to be provided for the said plaintiff, Ruth B. Warthen, and said minor children save that the defendant, James Alfred Warthen, was to have one room in said home reserved for his use and benefit and that by the terms of said decree, defendant was to pay the plaintiff the sum of $35.00 as alimony for the support of said plaintiff and minor children.
Affiant says that the home at Springville, Utah, mentioned in the decree in the above entitled cause is not now occupied by the said Ruth B. Warthen and the minor children and that there is no room in the home reserved or been reserved for the use and benefit of said James Alfred Warthen but on the contrary the room that was to have been reserved for the said James Alfred Warthen has been rented out by the said Ruth B. Warthen and the said Ruth B. Warthen has received the rentals from said room; that at this time the said Ruth B. Warthen is living at Spanish Fork, Utah County, Utah with some of her relatives and that the children aforementioned have been taken out of the schools at Springville, Utah and their schooling has been bfoken [sic] up.
That the family home at Springville, Utah at this time, is unoccupied and that all of the furnishings and household effects have bean taken away from the said family home at Springville; that the room that was to have been set aside for the defendants [sic] use has been stripped of all its furnishings and that it is of no use to the said defendant in its present condition; that the said family home is not being taken care of, that the same is being fun [sic] down for want of care and the protection of an interested occupant and that the ground has not been cared for and has not been cultivated or cleaned and that in every way the said property is decreasing in value; that the said property is being purchased under a contract and is only partially paid for and that affiant has been advised that unless the place be given better care, that the payments on same be made up, some action will be taken to dispossess said affiant and said Ruth B. Warthen of any and all interest they have in the said premises; that said affiant believes that it is absolutely necessary that he be given the custody and control of the said family home.
That the minor children aforementioned have not been given proper care and attention by Ruth B. Warthen during the period in which the aforementioned decree has been in operation and effect; that the said children have been left for hours and days at a time without any one to care for them, to cook their meals and to see to keeping the said children clean and healthful; that affiant has provided considerable food, fuel and clothing for the minor children aforementioned and food and fuel for the benefit of the said Ruth B. Warthen; that said Ruth B. Warthen has refused and does now refuse to give the said James Alfred Warthen credit for providing the aforementioned food, fuel and clothing but she, the said Ruth B. Warthen, has repeatedly told and published the story that said James Alfred
Warthen has never provided anything for the said children since the first of April of this year.
That affiant has been informed that said Ruth B. Warthen has sent the said minor child, Dean Warthen, out of the state of Utah, to-it; To California, to be kept by his sister and that affiant is informed that the said sister is having to make her own living and pay for her own board and keep, that she is in no position to properly care for the said child; that the said child was sent to California primarily to aggravate and annoy this affiant; that affiant believes that the best interest of the children, their health, their upbringing and their schooling will be gained by giving to him the custody and control of said children and that he might have the family home, together with the household effects at Springville, Utah for the said children to live in.
Subscribed and sworn to before me this 29th day of November, A.D. 1927
Abe. W. Turner
Notary Public
Residing at Provo, Utah.
IN THE DISTRICT COURT 0F THE FOURTH JUDICIAL DISTRICT,
COUNTY OF UTAH, SATE OF UTAH.
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NOTICE.
RUTH B. WARTHEN,
Plaintiff.
vs.
JAMES ALFRED WARTHEN,
Defendant.
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To Morgan & Coleman, attorneys-at-law and attorneys of record for the plaintiff, Ruth B. Warthen, and to Ruth B. Warthen, plaintiff.
You and each of you will please take notice that the defendant, James Alfred Warthen will, on the 10th day of December, 1927, at ten o'clock A.M., or as soon thereafter as counsel can be heard, move the court to alter and amend its decree made in the above entitled cause and entered on the 20th day of November, A.D. 1926.
Abe. W. Turner
Attorney for Defendant.
P.O. Address: Knight Block,
Provo, Utah.
Received copy of above notice this 29th day of November - 1927
State of Utah
County of Utah.
Abe W . Turner , being first duly sworn on oath deposes and says that he is attorney for the defendant James Alfred Warthen , in the above entitled action; that he has his law offices in the Knight Block at Provo City, Utah that he served a copy of the attached notice together with a copy of the affidavit and motion in the above entitled cause, upon the plaintiff Ruth B. Warthen, on the 30th day of November A.D. 1927 by depositing a copy of said notice, motion and affidavit, enclosed in an envelop [sic], in the U.S. Post Office, at Provo City, Utah; that the said envelop [sic] was addressed to Ruth B. Warthen, Spanish Fork, Utah; that the postage on same was fully paid; that the plaintiff is now residing at Spanish Fork, Utah County, Utah and that there is daily communication by mail between Provo, Utah, and Spanish Fork, Utah; that the service was made after having tried to serve Morgan & Coleman, attorneys, who refused to accept service for the said Ruth B. Warthen.
Abe W. Turner
Subscribed and sworn to before me this 9th of December A.D. 1927.
I. G. Bench
Notary Public,
Provo, Utah
My commission expires March 22, 1931.
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