COMMONWEALTH OF KENTUCKY
HOPKINS CIRCUIT COURT
MADISONVILLE, KENTUCKY 42431
CIVIL ACTION NO. 92-CI-00444
IN RE: THE MARRIAGE OF LAURA VANNOY PADGETT,
AND THOMAS CARTER PADGETT, RESPONDENT.
AND
IN RE: THE CUSTODY AND SUPPORT OF JULIE ELIZABETH PADGETT,
AND BEAU GRANVILLE PADGETT, MINOR CHILDREN.
MOTION TO HOLD RESPONDENT IN CONTEMPT
Comes now the Petitioner, by counsel, and moves the
Court to enter its Order holding the Respondent in Contempt of
this Court's Order of March 15, 1993 which Order required the
Respondent to pay the entire initial cost of the medical expenses
incurred by or on behalf of the parties' children. The Respon-
dent has refused to pay the following medical bills:
1. Mutual Credit $ 34.56
2. Randy Travis, D.M.D. $307.51
3. Allan L. Reid, P.S.C. $176.00
4. Trover Clinic $398.00
5. J. L. Banahan, D.M.D. $298.71
6. Medical Radiologists $ 20.00
7. Tri-County Medical Collections, Inc. $ 59.50
Due to the Respondent's refusal to pay said medical
bills the Petitioner is being threatened with collection law
suits against her and her credit is obviously being affected.
Attached hereto are copies of the bills and collection letters
regarding these matters and the last letter sent by the Peti-
tioner's attorney to the Respondent's attorney regarding same.
Further, the Petitioner moves the Court to enter its
Order holding the Respondent in Comtempt of this Court's order of
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February 12, 1993 which order required the Respondent to transfer
the sums of monies for checks which represented the return of es-
rowed funds for a former marital residence. On December 21,
1992, at a Pendente Lite Hearing, the Special Commissioner in-
formed the Respondent that such funds were to be placed in an
account in Madisonville, Kentucky. However, following said
Hearing, the Respondent forwarded said funds to his brother in
the state of Massachusetts. It is obvious that the Respondent
has the means to secure the return of said funds and that he is
merely flaunting his contempt for this Court's Orders.
Further, the Respondent should be held in Contempt of
this Court's Order of November 23, 1992 which Order required the
Respondent not to discuss with the parties' children matters
pertaining to this divorce action. Upon his return from a visit
with the Respondent during the weekend of May 14 - 17, the
parties' son, Beau Padgett, informed the Petitioner, the parties'
daughter, Julie Padgett and the children's maternal grandmother
that the Respondent during said weekend had told said son that
the divorce was totally the fault of the Petitioner and that it
was the Petitioner who forced attorneys being involved in this
matter.
[signature]
Michael Hallyburton
Attorney for Petitioner
54 South Main Street
Madisonville, KY 42431
(502) 825-2915
NOTICE
Please take notice that the foregoing Motion To Hold
Respondent In Contempt will be brought on for hearing before
Honorable Charles W. Boteler, Jr., Judge, on Monday, June 7,
1993, at 10:30 a.m.; or as soon thereafter as counsel may be
heard in the Circuit Courtroom, Hopkins County Courthouse,
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Motion To Hold
Respondent In Contempt was served on the parties herein by
mailing a true copy thereof to:
1. Lola Philpot Lewis
177 North Limestone
Lexington, KY 40507
Attorney for Respondent
This the 18th day of May, 1993.
[signature]
Michael D. Hallyburton
-4-
[ The image of page four of this scan is here.
Page 4 is a "Notice of an authorization to flie suit"
against Thomas C. Padgett and Laura for dental services
for Beau Padgett performed between 68-8-92 and 8-3-92,
with a balance of $298.71.
"Efforts to Effect Payment have been as follows:
Filed insurance, notified this is balance after
insurance, sent monthly statements, collection letters."
The Authorization is dated 3-13-93.]
-5-
[The image of page five of the scan is here.
Page five is a past due notice for $398.00 for
medical treatment by a Dr. Lowe.
The notice is dated 3/13/93 ]
[Page six is a letter dated April 28, 1992
from Laura's attorney Hallyburton to
Tom Padgett's attorney Lewis.
The scanned image of the page is here.]
-6-
MICHAEL D. HALLYBURIAST
ATTORNEY-AT-LAW
54 SOUTH MAIN STRtLT
MADISONVILLE, KENTUCKY,42431
28 ApriL 1993
Lola Philpot Lewis. Esq.
177 North Limestone Street
Lexxington KY 40507
RE: Padgett vs. Padgett
Hopkins Circuit Court
Civil Action No. 92-CI-00444
Ms. Lewis:
Enclosed'please find copies of the latest medical bills which
your client has failed or refused to pay as required of him by
the orders of the Hopkins Circuit Court. Said bills are:
(1) Mutual Credit $ 34.56
(2) Randy Travis, D.M.D. $307.51
(3) Allan L. Reid, P.S.C. $176.00
(4) Trover Clinic $398.00
(5) J. L. Banahan, D.M.D. $298.71
(6) Medical Radiologists $ 20.00
Please see,that your client immediately pays these past due
bills.
Yours truly,
Michael D. Hallyburton
MDH:tm
Enclosures
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