Boggess v. Boggess : Brief of Appellee

Boggess v. Boggess : Brief of AppelleeUtah Court of Appeals Briefs
2010
Boggess v. Boggess : Brief of Appellee Utah Court of Appeals
Follow this and additional works at: https://digitalcommons.law.byu.edu/byu_ca3
Part of the Law Commons
Original Brief Submitted to the Utah Court of Appeals; digitized by the Howard W. Hunter Law Library, J. Reuben Clark Law School, Brigham Young University, Provo, Utah; machine-generated OCR, may contain errors. Unknown. Unknown.
This Brief of Appellee is brought to you for free and open access by BYU Law Digital Commons. It has been accepted for inclusion in Utah Court of Appeals Briefs by an authorized administrator of BYU Law Digital Commons. Policies regarding these Utah briefs are available at http://digitalcommons.law.byu.edu/utah_court_briefs/policies.html. Please contact the Repository Manager at [email protected] with questions or feedback.
Recommended Citation Brief of Appellee, Boggess v. Boggess, No. 20100507 (Utah Court of Appeals, 2010). https://digitalcommons.law.byu.edu/byu_ca3/2393
MICHAEL J. BOGGE^S
RESPONDENT - APPELLEE
On Appeal from the Third District Court, Salt lake County, Judge Dever
Civil Case No: 064905394
FILED UTAH APPELLATE COURTS
OCT 2 5 2010
2. PROTECTIVE ORDER Dated April Q4, 2007
3. MEMORANDUM IN SUPPORT OF MOTION FOR
TEMPORARY ORDERS
MOTION FOR TEMPORARY ORDERS
TEMPORARY ORDERS
9. TRANSCRIPT OF BENCH HEARING APRIL 14, 2010
ADDENDUM 1
IN AND FOR SALT LAKE COUNTY, STATE OF UTAH
MICHAEL J. BOGGESS,
Respondent.
ORDER
Judge \~ A. Dever
This matter came before the Court on April 14, 2010. Both parties appeared
pro-se. The parties identified three issues:
1. The division of marital debt and marital tax returp
2. The failure of the petitioner to sign the quit claim deed.
3. The respondent's request for attorney's fees previously incurred.
The Court received testimony and rules as follows:
1. The tax return received by the parties in February 2007 in the amount of
$3,548.00 was used by the respondent to pay marital debf of the parties and there
remains nothing to distribute. The debt on the vehicles is the responsibility of the party
who has possession of the vehicle or had possession of it when it was disposed.
2. The petitioner unreasonably refused to sign the quit cfeim deed to allow the
sale of the residence of the parties. The petitioner's claim thathe was waiting for the
form to be delivered is not credible. Because of the petitioner'sfailure to sign he is
responsible for one-half of the obligation owed by the respondeat that was incurred as a
result of the foreclosure. Whether any of this is or has been discharged by the
bankruptcy of the petitioner will have to be addressed by the bankruptcy trustee.
3. Much of the attorney fees incurred by the respondeniwere the result of the
filings by the petitioner that were without merit or denied t}y theCommissioner. A
review of the billings submitted by the attorney appear to fc>e reasonable and $2,089.00
of the fees apply to hearings that appear not to have beeh necessary. The evidence
establishes that the respondent does not have the resources topay these fees and that
the petitioner does. For these reasons the Court awards $2,0$).00 to the respondent.
4. Any debt not addressed by this Order is the responsibility of the party in
whose name it was incurred.
5. All personal property has previously been divided and it is awarded to the
party in possession. Any property not addressed is awarded to the party in possession.
This constitutes the final Order of the Court.
Dated this 29th day of May, 2010.
CERTIFICATE OF MAILING;
I hereby certify that a true and correct copy of the foregoing was mailed on this
day of May, 2010, to the following:
Tina Jenkins 9094 South 300 East Sandy, UT 84070
Michael J. Boggess 1077 Eastridge Road Sandy, UT 84094
fyfl/Tv. %L Deputy Ccjurt Clerk
ADDENDUM 2
By. Deputy Clerk
J 1 ^ Lt ()6 be. r^ ~_ Commissioner
1 > \) izt
I&JL IDai&.k A.U..& Sfceet '
SskoA* <^L HioJU- City '~ \J State Zip
Phoneft ^k£sX^.4?.^j£jL _ ...
Petitioner's attorney (if any)^J^)j^l-fig^_£_2^f..C. 7.&2~.6.A.U.2...
<t)ther people protected by this order
Nartie Aae Relationship 'yame Mge to Petitioner
tforlrtjA) fit,)/ Jj_ SAJU .<kjS.o.Jv.......M&U. £ S.QM
.Tc^c.y..jZ).&£:l&a? 3y. ...„ u..d..ola.......
Respondent (person Petitioner is protected from): Describe Respondent:
Hrha.eJ JneJ 8oqQr.&s F i r s t M i d d l e S ' Last Other names used: t^\.i.j£j& Relationship to Petitioner: hUsbbSind
Address (street): j%£7 bos iJ$L~Li£slc
.Steady. UL Mojo.. City State Zip
Sex j Rbce [Dateof Birthj Ht j Wt
Eyes I Hair ! , ^ i a | S ? " U r l t y f ,
.Q:C£.tt.(0±^3£QÂ Distinguishing featuresttike scars, tattoos, limp, etc.)
K/ Driver's license issued by (State): Expires: c-r&zs
ry\
Warning! Weapon involved (Box to be initialed by Cfoi/rt, if applicable)
There was a hearing on (date): mJtjJSClJ^.2l .J&Q..QJ- The Respondent was given notice and an opportunity to be heard the hearing that gave rise to this order. The following people were present at the hearing:
^Pet i t ioner ^Petit ioner 's attorney (name): . . . . ^ f f e 1 t < d e ^ g i f y * 7 C LcZ^
m
^Respondent SQ}Respondent's attorney (name): • Other (name)
The Court reviewed the Request forProtective Order and: the parties, • entered the default of the Respondent for fai
{AJI&JEUC.-
received argument and evidence, • accepted the stipulation of \ to appear, finds that domestic violence or abuse has occurred or
there is substantial likelihood of immediate danger of abuse or domestic violence by the Respondent, D finds that a minor child witnessed the abuse or domestic violence, and makes the orders initialed bejow. Utah Code 30-6-4.2
The criminal orders on page 2 do not expire unless dismissed by the Court {
The Court orders the Respondent to obey all orders initialed on this form and to not abuse or threaten to abuse anyone protected by this oraen Warnings: • This is a court order. No one except the court can change it If you do noi obey this order, you can be attested,
fined, and face other charges. • This order is valid in all U.S. states and territories, the District of Columbia, and tribal lands. If you go to
another U.S. state, territory or tribal land to violate this order, a federal judge can send you to prison. • No guns or firearms! (See page 2, item 5.)
Violence Against Women Act of 1994, 18 U3.C. §§ 2265, 2262, 18 U.S.C § 922(g)(8)
Protective Order 1 of 4 Approved by Board of District Court Judges, January 2006 Revised: January 2007
The Respondent must obey all orders initialed by the judicial officer. If you do not obey orders 1 - 6 below, the court can send you to jail for up tq 1 year and order you to pay a fine. A second or subsequent violation can result in more severe penalties.
(Violation oforders 1-6 below is a criminal Class A misdemeanor. Utah Code §§ 30-6-4.2, 76-5-108, 77-36-1.1, 77-36-2.4)
Personal Conduct Order Do not commit, tiy to commit or threaten to commit any foita of violence against the Petitioner or any person listed on page 1 of this form. This includes stalking, harassing, threatening, physically hurting, or causing any other form of abuse.
fy^W No Contact Order Do not contact, phone, mail, e-mailj or communicate in any way with the Petitioner, either directly or indirectly.
f¥ Contact for Mediation You are allowed to have contact with the Petitioner only during mediation sessions for your divorce or custody case that are scheduled with a Court Qualified Mediator.
Stay Away Order Stay away from:
jA^Jvy p3 a. The Petitioner's current or future: {^Vehicle $Dob • School ufliome, premises and / property (list current addresses below): .
Home address: ._S;4£...,Z^^-^^^/~--^^^# -&tQ.l.</..
A Work address: School address: Vehicle description:
b. The school or childcare of the children listed on page School/Childcare addresses here): / 6 3 3 3 C^C.P
1 of this form. (List current
/ ^ 9 c. O&zx (specify):9o?±^^ \a&L UCrf £&-^d y /£>S<49 Lt\lasn\ J>rt
No Guns or Other Weapons The Court finds that your use or possession of a weapon poseS a serious threat of harm to the Petitioner. You cannot possess, have, or buy a gun or firearm or any of these weapons: _
~~ f l^tait^7W^2^)(d) Warning! It is a federal crime for you to have, possess, transjiort, ship, or receive any firearm or ammunition, including hunting weapons, while this protective! order is in effect, even if 5 above is not initialed.
Property Orders Unless a judicial officer makes a different order later, only thel Petitioner can use, control and possess the following property and things, but cannot dispose of this property without court approval:
t*?>|
Home at (address): *& C 9 2>CLJS y ÂLT^
J&> b. Car, truck or other property (describe): f*o tVij ( 310
Protective Order 2 of A Approved by Board of District Court Judges, January 2006
Revised: January 2007
You must obey orders 7 - 1 2 initialed by the judge. If you ao not, you win be in contempt of court and may be punished. These orders will B(expire D be reviewed by the court in £§>days.
v4& "jllfProperty Orders Do not interfere with or change the Petitioner's phone, utility or other services.
( Child Custody & Parent-time Orders The Petitioner (the protected person) will have custody of the minor children listed below. The Petitioner may give a copy of this order to the principal or director of the child's school or daycare. If you do not obey the custody and parent-time orders listed hire, the Petitioner may ask for the court's help (such as an order to show cause for contempt): /^/AJp ?y^>oPD /Sc^p^? rts <Z
You will have parent-time as follows: p Q n f i / " t /zlSP *"fe_A£ftiMc 6U5TPCW & T>Me^r-Ttfvug is Hgft£0 If there is a "No Contact" order, you can communicate with matters through:
9
10
11
the Petitioner only about parent-time _ u h i c+_v
j j ^ ^ N o Alcohol or Illegal Drugs Do not use alcohol or illegal drugs before or during visitation
t^X No Travel with Children Do not take the children listed above out of the state of Utah.
12
liste i
Child Support, Spousal Support and other Expanses The Respondent will: D a. Pay$ /month in guidelines child support • b. Have child support withheld from the Respondent's earnings. (Utah Code § 62A-H Parts 4 and 5) • c. Pay$ / month in spousal support. • d. Pay 50% of the minor children's childcare expenses. • e. Pay 50% of the minor children's medical expenses, including premiums, deductibles and
co-payments. D f; Pay$
$ for the minor children's medical expenses related to the abuse and . .«__ r»_^^: ' J : i »~ „ l u ^ ^ *~ +\** ~l for the Petitioner's medical expenses related to the abuse.
Other Assistance Needed (List below any other orders needed to protect you and other protected people listed on page 1 of this form):
Orders to Agencies
13 Law Enforcement to Assist A law enforcement officer f om: will enforce the orders checked below: • a. Help the Petitioner gain and keep control over home, car or other personal belongings. • b. Help the Petitioner obtain custody of the children.
s$$$K c. Help tiie^f Respondent or • Petitioner remove esseitial personal belongings from the home.
Warning to the Respondent: Do not go into the home orjother protected places without the officer.. Law enforcement can evict you or keep you away from protected places, if needed.
Protective Order 3 of 4 Approved by Board of District Court Judges, January 2006
Revised: January 2007
14 Investigate Possible Child Abuse This matter will be referred to the Division of Child and Jhai ily Services for review and possible investigation of child abuse.
To the Petitioner: In 2 years, the Respondent may ask the Conn to dismiss the orders on this page. If that happens, we will need your address so the Court can give you nptice. If your address changes, you must let die Court know at least 3 0 days before the 2-year period ends on _ / / .
If you receive services from the Office of Recovery Services (ORS) and want to keep your address confidential, you must give ORS a copy of your current Protective Order. - r - 3 * - ^
•^g?*z¥' D*K rt P3fari~
Date: 4 ^ ^ ^^7
i dent fills out below —
By signing here, the Respondent approves the form, and accepts service of th}s Protective Order and waives the right to be personally served.
Respondent's Address
Respondent's Signatu,
. CERTIFY THAT THIS IS A JRUE"CQP«y3F kH ORIGINAL DOCUMENT O f f t ^ J M T H E / |HIRD DISTRICT couR<4$A^r,i-Ag'-' COUNTY STATE OF UTAH
* ^ a ^ _ .
DEPUTY COURT CLERK
Protective Order 4 of 4 Approved by Board of District Court Judges, January 2006
Revised January 2007
ADDENDUM 3
Jennifer P. Lee, #6765 SMART, SCHOFIELD, SHORTER & LUNCEFORD A Professional Corporation 5295 South Commerce Drive, #200 Murray, Utah 84107 Telephone (801) 747-0647 Facsimile (801) 747-1049
Attorney for Respondent
MICHAEL BOGGESS,
Givil No. 064905394
Judge DEVER
Commissioner BLOMQUIST
Respondent TINA BOGGESS, acting by and through counsel, Jennifer P. Lee, submits
this Memorandum in Support of her Motion for Temporary Orders.
PERTINENT FACTS
1. Petitioner and Respondent have been married since October 31, 2002. During
that time, they had two (2) children. The first child, Anthony, died at 10 months of age. The
only surviving child is their daughter, Alabama, who is 2 years Of age.
2. The parties separated in August 2006, barely a month after Respondent had brain
surgery. Petitioner left the marital home and Alabama remained with her mother.
3. The parties were separated for more than three months, during which time
Petitioner periodically exercised parent-time. He paid about $600 in child support, giving
Respondent about $300 in each of two payments.
4. During the separation, Respondent rented the basement of the marital home to her
two uncles in order to make the monthly mortgage payments. The uncles still live in the
basement. Under pressure from Petitioner to leave, they have agreed to do so at the end of
March. They have paid their March rent.
5. The parties reconciled in November 2006 and Petitioner moved back into the
marital home.
6. On Saturday, March 3, 2007, the parties quarrele4 about Respondent's two
uncles. Petitioner wanted them to leave the marital home right away, even though they had paid
the March rent.
7. Respondent briefly left the marital home about noon on Saturday, March 3,2007,
taking with her the two children from her prior marriage but not faking Alabama in order to
avoid an ugly scene or upsetting Alabama. Petitioner then took Alabama to stay with his mother
and has, since that time, refused to permit contact between Respondent and Alabama.
8. Sunday, March 4, 2007, was the fourth anniversary of Anthony's birth. It was
the parties' habit and tradition to mark his birthday with a family| visit to the cemetery where he
is buried. Nevertheless, Petitioner refused to let Respondent take Alabama to the cemetery and
sent her to be with his mother instead.
9. Respondent then went to her mother-in-law's honfe to see if she would let
Respondent take Alabama to the cemetery. She would not. Either she or Petitioner called the
police, who told Respondent that she could not take Alabama ovtr Petitioner's objection because
there are no court orders for custody.
10. On March 5, 2007, Petitioner called the police an<|l asked that they expel
Respondent and her sons from the marital home. Instead, the police had Petitioner leave the
marital home. However, Petitioner had already sent Alabama t0 live at his mother's house and
refused to return Alabama to Respondent.
11. Respondent has been Alabama's primary caretaker since her birth. As she works
only part-time, she has more time to dedicate to Alabama. She has always been the parent to get
up in the night with Alabama, take her to the doctor, and provide comfort and security for
Alabama as well as meeting her physical needs.
12. Petitioner works 40 hours a week. He has been riiarginally involved in
Alabama's care, often delegating responsibility for Alabama to hlis mother in Respondent's
absence.
13. Petitioner has a spotty work history. He now earhs $12.00 an hour at the job that
he started February 26, 2007 after quitting a $14.00 an hour job because of "personality clashes"
with his supervisors. Before that job, he worked as roofer for a friend and was paid under the
table. His longest-lasting job was the year and a half that he worked as a private investigator,
stopping because he was caught using drugs on the job and was ho longer given assignments.
He has a bachelor's degree in electronics engineering and is capable of earning at least $14.00
per hour.
14. Respondent earns between $1200 to $1600 a moifth cleaning houses.
15. Since Sunday, March 4, 2007, Petitioner has expressed his intention to keep
Respondent from seeing her little girl and to maintain exclusive |use of the marital home for
himself. He has permitted no contact between the child and her mother.
ARGUMENT
1. CUSTODY AND PARENT-TIME
For the sake of the child, primary custody should be awarded to Respondent. The child's
strongest emotional bonds are with her mother, who has always been her primary caretaker and
who cared for her almost exclusively during the separation. Respondent has more time to
devote to the child and can provide the child with the continuity and stability that she needs. In
addition, the child should not be separated from her half-siblings, to whom she is well bonded.
Petitioner should be awarded statutory parent-time and should be permitted to provide
personal care for the child in lieu of any third party if he is personally able to do so when
Respondent works.
2. CHILD SUPPORT
Child support should be awarded to Respondent, effective March 2007, based upon
Petitioner's ability to earn $14 per hour and upon Respondent's average earnings of $1400 a
month.
Statutory provisions for sharing of the child's medical arid child care expenses should be
adopted by the Court.
3. MARITAL HOME
Respondent the three children should be permitted the exclusive use of the marital home
during the pendency of this action. This would provide the children with a measure of stability
and security. Also, Respondent should be permitted to keep her ancles as tenants so that they
can contribute the monthly mortgage payment.
DATED this (# day of ^HOaûcJ^ 2007.
MAILING CERTIFICATE
I hereby certify that I served, on this the 6th day of March, 2007, foregoing, via US Mail, first class postage pre-paid upon:
Mark W. Wiser 2825 East Cottonwood Parkway, #500 Salt Lake City, Utah 84121 And Via FAX 880-7070
ADDENDUM 4
MICHAEL BOGGESS,
CfvilNo. 064905394
Judge DEVER
STATE OF UTAH ) : ss.
County of Salt Lake )
TINA BOGGESS, having been duly sworn and deposed, states as follows:
1. I am the Respondent in the above-captioned case and have personal knowledge of
all facts stated herein. If called upon to testify at trial or hearing, my testimony would be as set
forth in this Affidavit.
2. I was married to Petitioner on October 31, 2002. fye have one (1) child together,
Alabama, who is 2 years of age.
3. Petitioner and I separated in August 2006, barely ^ month after I had brain
surgery. We reconciled in November 2006.
4. During the separation, Petitioner paid a total of ablout $600 - about $300 in each
of two payments - for child support. Our daughter, Alabama, stayed with me during the
separation and Petitioner visited her every other weekend or so.
5. Petitioner and I quarreled on Saturday, March 3, ^007. We quarreled about my
two uncles, to whom I had rented the basement during our previous separation in order to meet
the house payments. Although my uncles have paid the rent for j:he month of March, Petitioner
wanted them to leave our home right away.
6. I left the marital home about noon on Saturday, taking with me the two children
from my prior marriage. I did not want to make an ugly scene 0r upset Alabama unnecessarily,
so I did not insist on taking her with me.
7. The boys and I returned to the marital home late $aturday night, after my son
Austin and I attended the Blaze game. We did not see Petitionejr.
8. Sunday, March 4,2007, was the fourth birthday of our son, Anthony, who died
when he was 10 months of age. It is our habit and tradition to mark his birthday with a family
visit to the cemetery where he is buried. Nevertheless, Petitioner refused to let me take
Alabama to the cemetery. He sent her to be with his mother instead.
9. I went to my mother-in-law's home to see if she \yould let me take Alabama to the
cemetery. She would not. Either she or Petitioner called the police, who told me that I could
not take Alabama over Petitioner's objection because there are no court orders for custody.
10. I did not do anything violent, try to do anything violent or threaten to do anything
violent. I was heart-broken and grieving and left my mother-in-law's home quietly.
11. I have been Alabama's primary caretaker since h^r birth. I have a housecleaning
business that I run out of our home. When I clean houses, a friend watches Alabama for me. I
work 15-20 hours a week. I have always been the one to take ^labama to the doctor if she is
sick, I am the one that she cries for if she wakes up in the night dcared or sick, and I am the one
who cooks her meals and washes her clothes.
12. Petitioner works 40 hours a week. He has been marginally involved in
Alabama's care, often delegating responsibility for Alabama to his mother in my absence. When
watching her himself.
13. Upon information and belief, Petitioner now earns $12.00 an hour at the job that
he started February 26, 2007.
14. I earn between $1200 to $1600 a month cleaning houses.
15. On March 5, 2007 Petitioner called the police and demanded that I be expelled
from the marital home. Instead, the police made him leave. He had already taken Alabama to
his mother's house and refuses to return Alabama to me.
16. I believe that it is fair and best for all of the children if the children and I continue
to live in the marital home. This would give the children some measure of stability. I worked
very hard and made many sacrifices during our separation to preserve the marital home. If
Petitioner left the home, my uncles would be willing to stay and to continue to rent the basement
so that I could pay the mortgage payments.
17. In late July 2006, my family and friends had a gaifage sale to raise money for my
medical expenses. Petitioner didn't help with the garage sale ai}d later told me that he used
cocaine that day because he was so "tired." I had known him to |ise cocaine before, so I was not
surprised.
18. Before Petitioner took his current job, he was wording at Triton Electronics for
more than $14.00 an hour. He quit voluntarily and later took a fab that pays much less. Before
then, he worked as a roofer for 7-8 months for a friend, who pai4 him under the table. Before
that, he worked as a private investigator for about a year and a h lf, until he was caught using
drugs on the job and then no one would give him jobs to do. H^ has a bachelors degree in
electronic engineering and is capable of earning at least $14 per frour.
DATED this l ^ 1 day of / H w t h 2 0 0 7 -
Tina Boggess, Respondent
SCRIBED AND SWORN TO before me this [o day of Qn/Jn. , 2007
TAMARA R KING NOTARY PUBUC - STATE OF UTAH 6295 COMMERCE DRIVE #200
MURRAY, UT 64107 My Comm. Exp. 08/20/2010
MAILING CERTIFICATE
I hereby certify that I served, on this the 6th day of March, 2007, a true and complete copy of the foregoing, via US Mail, first class postage pre-paid upon:
Mark W. Wiser 2825 East Cottonwood Parkway, #500 Salt Lake City, Utah 84121 And Via FAX 880-7070
ADDENDUM 5
Jennifer P. Lee, #6765 SMART, SCHOFIELD, SHORTER & LUNCEFORD A Professional Corporation 5295 South Commerce Drive, #200 Murray, Utah 84107 Telephone (801) 747-0647 Facsimile (801)747-1049
MICHAEL J. BOGGESS,
Civil No. 064905394
Judge DEVER
Respondent TINA BOGGESS, acting by and through counsel, Jennifer P. Lee, hereby
moves the Court to make the following Orders to govern during the pendency of this action:
1. Respondent shall be granted physical and legal custody of the minor child,
Alabama Boggess.
2. Petitioner's parent-time rights shall be as agreed upon by the parties and in the
absence of agreement no less than Utah Code Ann. 30-3-35.5.
3. If Petitioner is unable to personally provide personal care and supervision for the
child for a period of more than two (2) hours during parent-time,) he shall give Respondent the
option of providing such care before any other individual.
4. Petitioner shall pay child support in the amount pf $293 pei month, beginning in
March2007. ^ [[[A -
5. Statutory provisions for the sharing of the child's (medical and child care expenses
shall be adopted.
6. Respondent shall be awarded exclusive use of the marital home.
7. Division and allocation of all other personal property, except for clothing and
toiletries, shall be reserved for trial.
8. The parties shall file their 2006 taxes jointly, sharing equally in any return or
indebtedness.
9. Petitioner shall not consume alcohol when the miijor child is in his personal care.
DATED this / 5 day of -f)QciAS\^ 2007.
Jennifer W Lee Attorney for Respondent
MAILING CERTIFICATE
I hereby certify that I mailed, on this the 15 day of March, 2007 a true and complete copy of the foregoing via US Mail, first class postage prepaid to;
Mark Wiser 2825 East Cottonwood Parkway, Suite 500 Salt Lake City, Utah 84121
ADDENDUM 6
IN AND FOR SALT LAKE COUNTY, STAT^ OF UTAH
MICHAEL BOGGESS,
Chfil No. 064905394
Judge DEVER
Respondent TINA BOGGESS, acting by and through courtsel, Jennifer P. Lee, submits
this memorandum in response to Petitioner's Motion for Temporary Orders.
A. CUSTODY AND PARENT-TIME
Code Ann. 30-3-10 provides criterion for this Court to ma|:e a custody decision. This
Court is required to consider (1) the best interests of the child; (2) the past conduct and
demonstrated moral standards of each of the parties; (3) which paifent is most likely to act in the
best interest of the child, "including allowing the child frequent aiid continuing contact with the
quit Ms job to take a lesser-paying job. Respondent's self-employrîent income is documented
by the 2006 tax return, attached.
C. MARITAL HOME
Petitioner's allegations that the Respondent's uncles use m^thamphetamine are as
incredible and as malicious as his earlier false allegations about Respondent to DCFS. If his
allegations were true, and he truly believed that the uncles had methamphetamines in his house
and presented "a danger to the child," he surely would have insisted that the uncles leave the
home before the reconciliation in November 2006 or called the police. The uncles' payment of
rent saved this house from foreclosure when Petitioner had abandoned his wife and child. They
have done nothing but good for the child and are resented by Respondent only because they
provide such strong emotional support for Respondent.
DATED this \°l day of^fT)gyL^ jy 2007.
JennififrP. Lee Attorney for Respondent
ADDENDUM 7
IN THE THRID DISTRICT COURT OF SALT LAKE COUNTY, UTAH
Case No: 064905394 Michael Boggess - Petitioner
Judge: LeeA.Dever VS.
FINANCIAL DECLARATION
1. Attorney fees - Balance owing $2,385 Your honor I have been to court over 16 times. I feel after the protective order was set on April 2007, the only way Michael could attack me is thru the courts. Even his mother sued me in March 2008 (Exhibit 1). Michael has taken me to court, mediations and filed many petitions. I obtained legal counsel with Jennifer Lee of Smart, Schofield, Shorter & Lunceford, who represented me. I could not afford her services anymore and started to pursue the court hearings and filings on my own. Every time Michael took me to court I had to defend myself. In one particular court hearing, Judge Bloomquist had mentioned to Michael she did not want him taking me to court every other week. She wanted the divorce settled within a reasonable time frame. On Feb. 5th, 2008,1 filed a Financial Declaration (Exhibit 2) which I included the attorney fees. We had a hearing Feb. 11th, 2008, which Michael and I appeared with Judge Bloomquist and she suggested we go to mediation. Michael applied for bankruptcy Dec.2007 and was granted the bankruptcy on Mar. 17th, 2008. During this time he fought me in mediation and court knowing he would file bankruptcy. So I feel my Financial Declaration was never addressed. I feel Michael should be responsible for the attorney fees (Exhibit 3) since he has ALWAYS been the petitioner.
2. House- $34902.96 Aug. 2007 we appeared in court where Michael and I were order to sign a Quit Claim Deed to sell our home to my sister. She was going to let my children and me rent the home. I signed the paper on Sep.4th 2007 and faxed Michael's attorney the papers on Sep. 7th 2007. On Sep. 10th 2007,1 faxed my attorney, Jennifer Lee, the cover sheet to Mark Wiser (Mikes attorney), Quit Claim Deed, Authorization to release information, and Tonia Rosenberg's (the buyer) loan approval On Sep, 11 2007 Mark Wiser faxed an Authorization to release information, then on Sep. 12 2007 he faxed a paper revoking Michael's authorization. (Exhibit 4) Mike had no intentions on helping us sell the home and intentionally made it impossible for Tonia Rosenberg tp work with the Mortgage Company. I had made the house payment to the best (bf my ability. After loosing the home in foreclosure Michael then filled bankruptcy leaving me with the remaining debt, and a foreclosure on my credit. My uncles were living with me but not paying. I actually wanted them there for the safety of my family. Your honor I'm asking for half of the debt of the home or for my name to be removed from the foreclosure. I feel I did everything I could tol save the home.
3. 2006 Taxes - In February 2007, before our courts battles started, we agreed the 2006 taxes would be used for our home. Michael was still living in the home and most of the money went to past and current bills. In Oct.2006, we borrowed $1,000 from Rushell Bringhurst, to pay our house payment with the agreement we would pay her back with our 2006 taxes. We received our taxes of $3,548.00 on February 23, 2007. Here is a breakdown of our taxes and expenses (also see Exhibit 5)
Date 02/19/07 02/23/07 02/23/07 Left us with 02/23/07 02/23/07 02/27/07 02/27/07 02/28/07 03/01/t)7 03/02/07 03/02/07 03/02/07 03/06/07 03/06/07 03/06/07
Balance 480.00
89.00 -1,000.00
51.84 I believe the taxes were spent oft itfeffls m&t We both agreed equally. I feel I owe Michael ttothiiig fef Blir 2006 taxes.
larriage Matters iefore taxes were deposit
2Q06 Taxes
TJraiisferred to Mikes Acct \y all Mart Black Angus (Mike & I) Car payment Hating establishments Albertsons jmokeys Discount [ouse payment falance [ransfer from my acct ushelle Bringhurst
balance from taxes upon and were shared
4. Car - Pontiac Grand Am $4,753.82 Balance (Exhibit 6) Michael purchased the car before we got our home. The car was bought and used as his work car as a P.I. He was advised not to purchase the car by his coworkers. He drove the Pontiac and I drove the Nissan. After the court hearing the Pontiac had a blown head gasket that was caused by not maintaining the car. Michael knowingly let me take control of it leaving me with the debt. After spending over $1,000.00 to repair it we were upside down on the loan and I surrendered it back to the bank. Leaving me with the debt. I would like Michael to be responsible for some of our marital debt.
T intend to call witness for the respondent Tonia Rosenberg Laurie Jenkins Shawn Merlin
Tina Jenkins
July e, 2011 ! ty Commission Expires tfiîi&L
Notary of the Public
ATTORNEYS AT LAW
FACSIMILE COVER SHEET Telephone (801)747-0647 Facsimile (801) 747-1049
www.ut^hlaw-smartcom
File Number:
If there are any problems with this transmission, please call the sender at the above telephone number for retransmission.
CONFIDENTIALITY NOTICE: The information contained in the facsimile transmission is confidential and intended for the addressee only. If you receive this fax in error, please call us collect immediately and we will arrange for handling at our expense. Thank you for your cooperation.
* %> * Z ** i * w T
,. Divorce
327.50 Payment » Thank You Check #2388 (Trust Transfer) ARCH Boggess/Tina Divorce
18900 Payment * Thank You Check #2401 (Trust Transfer) ARCH Boggess/Tina Divorce
11265 Payment - Thank You Chock #2407 (Trust Transfer) ARCH Boggess/Tina Divorce
12085 Payment + Thank You Check #2410 (Trust Transfer) ARCH Boggess/Tina Divorce
100 00 Payment + Thank You Check #322 ARCH Boggess/Tina Divorce
1&SO oO
* » «.«. i ^ ^ din ^ t y » ^ J 4tm ^ \ r > * "4" l ii <:.** * > » i ^ 3 & y A
Billable Payments
28 30 2876.45 850.00
AO Wednesday 04/07/20101246 pm
» b W i l u i f i v i U
Client Trans H
Pate Tmfcr P
Fees 23585.00 03/08/2007
Stmt* Rate
105.00
105.00
105.00
105.00
23585.00 03/29/2007 65 A
23585.00 03/29/2007 65 A
23585.00 03/30/2007 29 A
23585.00 04/02/2007 65 A
23585.00 04/02/2007 29 A
23585.00 04/03/2007 65 A
23585.00 04/04/2007 65 A
23585.00 04/04/2007 65 A
23585.00 04/10/2007 • 65 A
23585.00 05/24/2007 65 A
23585.00 06/13/2007 65 A
23585.00 06/20/2007 65 A
136.50 office consultation, preparation of supplemental affidavit, preparation of affidavit of Gary L and Shawn M. Boggess/Tina Divorce
0.00 New client file set up. Boggess/Tina Divorce
11.00 Clerical attention to signing documents and notarizing. Boggess/Tina Divorce
client on two different occasions Boggess/Tina Divorce
31.50 office consult, amendment of affidavits, child support worksheet, telephone conference with clerk of the court regarding hearing Boggess/Ifma Divorce
42.00 office consult telephone conference wfth Shawn to amend affidavit, telephone conference with opposing counsel Boggess/Tina Divorce
21.00 FAXed letter to opposing counsel regarding protective order, telephone conference with client regarding same Boggess/Ttna Divorce
31.50 Give credit to Samuel M. Darker for-this transaction made phone calls for dient to try and locate child, talked with opposing attorney to try and find location of child.
Divorce 157.50 hearing on motion for temporary orders
Boggess/Tma Divorce
Boggess/Tina Divorce
63.00 office consult, preparation and filing of Financial Declaration, telephone conference with opposing counsel regarding audio tape Boggess/Tina Divorce
115.50 hearing on protective order Boggess/Tina Divorce
283.50 hearing on motion for temporary orders Boggess/Tina Divorce
63.00 preparation of Temporary Order, letter to opposing counsel, telephone conference with client regarding harassment of mother Boggess/Tina Divorce
21.00 letter to opposing counsel regarding cell phone and child support BoggessAlna Divorce
472,50 mediation Boggess/Tina Divorce
42.00 letter to opposing counsel, review of Renaissance notes, telephone conference with client Boggess/Tina Divorce
63.00 telephone conference with opposing counsel with settlement offer from client telephone conference with client to discuss
Ref#
ARCH
ARCH
ARCH
ARCH
ARCH
ARCH
ARCH
ARCH
ARCH
ARCH
ARCH
ARCH
ARCH
ARCH
ARCH
ARCH
ARCH
ARCH
ARCH
ARCH
ARCH
ARCH
Stmt# Rtte
Hours toBKl
23585.00
23585.00
09/14/2007 29 A 1
09/14/2007 65 A 1
counteroffer, telephone conference with opposing counsel to discuss client's response to counter-offer Boggess/Tina Divorce
430.50 preparation of Response to Motion for Temporary Orders, ARCH preparation of Counterclaim, preparation of Affidavit of Respondent, telephone conference with clerk of the Court (regarding re-scheduling the hearing on Motion for Temporary Orders), telephone conference with opposing counsel regarding conflict in scheduling dates, draft notice of hearing, telephone conference with client to clarify issue as to child care expenses, telephone conference with Mary at Renaissance to request report to the Court as to opposing party's conduct during parent-time, telephone conference with Global Drug Testing regarding hours of operation Boggess/Tina Divorce
42.00 office consult regarding affidavit, lodging of Renaissance letter, notice of continuance Boggess/Tina Divorce
21.00 Telephone conference with client regarding hearing scheduled and interrogatories Boggess/Tina Divorce
115,50 preparation of Agreement & Stipulation, letter to opposing counsel, telephone conference with client for approval of Agreement to be sent as a settlement offer Boggess/tlna Divorce
220.50 telephone conference with client, telephone conference with opposing counsel regarding tomorrow's hearing, preparation of answers to interrogatories (incomplete), preparation for hearing Boggess/Tina Divorce
231.00 preparation of Bifurcated Decree, Findings and Conclusions, Notice to Submit, Affidavit of Grounds and Jurisdiction, Notice to Appear or Appoint new Counsel, Certificate of Compliance, Child support locator sheets, office consult with client regarding decision to seek bifurcation Boggess/Tina Divorce
64.00 Facsimile Costs,{Fax) ARCH Boggess/Tina Divorce
22.65 Photocopy Charges. ARCH Boggess/Tina Divorce
2.70 Photocopy Chacges, ARCH Boggess/Tina Divorce
5.00 Petty-Sash Court Copies ARCH Boggess/Tina Divorce
2.70 Photocopy bharges ARCH Boggess/Tina Divorce
16.00 Facsimile Costs.(Fax) ARCH Boggess/Tiha Divorce
4.00 Cost Check # **395- Court Parking ARCH Boggess/Tina Divorce
ARCH
ARCH
ARCH
ARCH
ARCH
ARCH
ADDENDUM 8
WHEN RECORDED MAIL TO: INVESTOR QUALITY TITLE 1957 W. ROYAL HUNTE DR, SUITE 250 CEDAR CITY, UTAH 84720
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
RECORDED AT THE REQUEST OF INVESTOR QUALITY TITLE ORDER # TEST MAIL TAX NOTICE TO: STUART AND TONIA ROSENBERG
P.O. BOX 206 DRAPER, UTAH 84020
QUIT CLAIM DEED
Tina A. Boggess and Michael J. Boggess, hereby quit claims to Tonia Rosenberg and Stuart Rosenber, for the sum of Ten Dollars ($10.00) and other good and valuable consideration, the certain tract of land [or real property] located in Salt Lake County, State of UTah, and more particularly described as follows:
ALL OF LOT 17, WHITE CITY NO. 26 SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, AS FILED IN THE OFFICIAL PLAT THEREOF, AS FILED IN THE OFFICE OF THE SALT LAKE COUNTY RECORDER, STATE OF UTAH.
TAX SERIAL NO. 28-17-154-42-0000.
SUBJECT TO EASEMENTS, RESTRICTIONS, ENCUMBRANCES AND RIGHTS OF WAY OF RECORD, AND TAXES FOR THE YEAR 2007 AND THEREAFTER.
WITNESS the hand of paid Grantor this Lj day of S&/3T" 2007
^{0?- h
COUNTY OF , )
ON o!)xJ)ij/mQlV J 2007 PERSONALLY APPEARED BEFORE ME, TINA A BOGGES6 AND MICHAEL J. BOGGESS, THE SIGNER(S) QF THE WITHIN INSTRUMENT, WHO DULY ACKNOWLEDGED TO ME THAT() THEY () EXBC/UTED THE SAME.
ADDENDUM 9
SALT LAKE COUNTY, STA(TE OF UTAH
MICHAEL J. BOGGESS,
BE IT REMEMBERED that this matter came on for hearing
before the above-named court on April 14, 2010.
WHEREUPON, the parties appearing and represented by
counsel, the following proceedings were held:
OFFICIAL CERTIFIED TRANSCRIPT
(From Electronic Recording)
LIC. 102811-7801 PHONE: (801) 423-6463 EMAIL1: abbpe§yahoo.com
D7\r^T? 1
FOR PETITIONER:
A - P - P - E - A - R - A - N - C - E - S
MICHAEL J . BOGGESS, PRO SE 1 0 7 7 EASTRIDGE ROAD
SANDY UT 8 4 0 9 4
FOR RESPONDENT:
TINA ANN BOGGESS ( J E N K I N S ) , PRO SE 9 0 9 4 SOUTH 3 0 0 EAST
SANDY UT 8 4 0 7 Q
TABLE OF CONTENTS _ _ _ = = = = = = = = = = = := = = = = = = = = = = = =: = =: = = = = = = = = = = = = = = = i: = = = =
PAGE REF
OPENING STATEMENT BY MS. J E N K I N S 4
OPENNG STATEMENT BY MR. BOGGESS 5
WITNESSES FOR MS. JENKINS
TONIA ROSENBERG
DIRECT BY MS. J E N K I N S . . . . . . . 7
CROSS BY MR. BOGGESS 9
LAURIE JENKINS
DIRECT BY MS. J E N K I N S 1 3
CROSS BY MR. BOGGESS. . . r . . . 15
SHAWN MERLEN
DIRECT BY MS. J E N K I N S . . . . . . 17
WITNESSES FOR MR. BOGGESS
NONE
CLOSING ARGUMENT BY MS. J E N K I N S 21 , 2 6 CLOSING ARGUMENT BY MR. BOGGESS 2 2 , 29
PAGE 2
E - X - H - I - B - I - T - S
EXHIBIT # PAGE ADMITTED
MR. BOGGESS: I'm sorry, sir.
THE JUDGE: Pardon?
MR. BOGGESS: I'm sorry. I missed that.
THE JUDGE: You have to speak up so I can hear
you.
Sorry. Michael Boggess, petitionerh
THE JUDGE: This is cask number 064905394.
When we last had our meeting there was a question
concerning the debts here and the quit claim deed. I think
the other issues, at least as far as I can tell, have been
resolved. Is that correct?
attorney, my attorney fees.
THE JUDGE: Okay. And since it seems to me that
a, Ms. Jenkins, that you have the primary burden in this case
you can go forward first.
OPENING STATEMENT BY MS. JENKINS
MS. JENKINS: Okay. Your Honor, it's been a
long three and a half years since this divorce started.
PAGE 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
It's cost me a lot of money. I've l< st a lot of money in my
wages taking time off to come to court. My credit score is
shot. A foreclosure is on my credit. I had my car
repossessed.
The petitioner just continues to take me to court
and I feel I have been burden with all of the financial debt
from our marriage.
make an opening statement?
MR. BOGGESS: Yes, sir. As far as a, taking the
respondent here to court, none of the papers have I filed
have been found fraudulent or incideous. Everything I've
filed a motion for has been deserving of attention from the
court.
As far as the car goes and the bifurcated decree,
we agreed to keep our separate vehicles and maintain the
cost for them. So I don't feel that the car should be an
issue here today.
I did it knowing the foreclosure and everything else was
imminent. I had actually filed bankruptcy to protect
myself from garnishment of wages that was being put on me
for her medical bills, that was the Reason for filing the
bankruptcy.
PAOR 5
And a, I just, I feel that she, in her filings,
asked for the house. She had uncles in place to help her
with rent that she said that would pay rent. And she let
the property go. It was not in my control to do it. By
the time I received notice that the Jhouse was in
foreclosure there was a, they were asking for like $2,000
from me and I had no way with coming up with that kind of
money on short notice to pay for a hbuse, especially after
she hadn't been making payments. To me she should have
brought it up in court that her uncles were in fact not
paying her rent and she was unable tb make the mortgage
payments.
feel I should be held harmless for it.
I do have one issue, I don't know if now is the
time or not, with the quit claim deed that Tina has filed in
this last filing. The quit claim deed has been notarized
that I personally had signed it when my signature line is
still blank.
I believe this is a fraudulent document and I don't
know if we should hand it into the cpurt or not, what the
rules are pertaining to that.
THE JUDGE: Okay. Very well. And Ms. Jenkins,
you may call your first witness.
MS. JENKINS: I would lik$ to call Tonia
par,T? £
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Jenkins.
WHEREUPON,
TONIA ROSENBERGf
having been duly placed under oath by) the clerk of the court
and sworn to testify truthfully, upon! examination testified
as follows:
THE JUDGE: Have a seat up| here. State your name
and spell your name for the court clelrk.
THE WITNESS: My name is Tfonia Rosenberg. It's
T-O-N-I-A, R-O-S-E-N-B-E-R-G.
DIRECT BY MS. JENKINS.
Q. (MS. JENKINS:) What do you do for a living?
A. (THE WITNESS:) I own and operate an
entertainment company with my husband as well as real estate
investing. We've been in business if or over 15 years.
Q. All right. And a, when y4>u found out that we were
going into foreclosure what did you do t o —
THE JUDGE: When you say v)/e, who is the we you're
talking about?
THE JUDGE: Okay.
A. (THE WITNESS:) When I found out that Tina and
Michael Boggess were going into foreclosure, I spoke to my,
Tina is my sister, and I a, offered to take over the house
PAGE 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
for them. It was more in concern fort my nieces and
nephews. I felt that they had been nioved around long enough
and that they needed some sort of stability in their lives.
So I spoke to my husband and we decided to take on that
endeavor.
Q. (MS. JENKINS:) And what did you do to send the
petitioner, petitioner paperwork?
A. I faxed the documentation, a, I believe it was an
authorization to release information,] quit claim deed,
warranty deed, a, I believe that was it, to Tina's lawyer as
well as Michael Boggess's lawyer.
I did receive a fax from Michael's lawyer a, with
the authorization to release information signed. And the
following day I received a fax from his lawyer revoking the
authorization to release information! Therefore, I could not
move forward, I could not speak to the banks, and we could
not move forward in acquiring the hoijise.
Q. Okay. I think, no more questions.
THE JUDGE: That's all th£ questions you have?
MS. JENKINS: Yes.
want to ask her any questions?
It's your turn to sit down^ ma'am. He gets to
stand at the podium.
your fax machine have capability of pjrinting out a
confirmation page that the fax had bqen sent and received?
A. (THE WITNESS:) No. My fax) machine has a, the
fax number is only printed on the top|. So when I received
the fax from your lawyer the fax numper was at the top of
the paper. It just says on my fax machine this many
documents successfully faxed. So ifj I send five documents
it will say five documents successfully faxed.
Q. Okay. And when you say yo|u've been in business
for 15 years, how many of years of ttjat have been in real
estate investing?
And we have been, after completing college courses for real
estate a, we have had our properties for three years.
THE JUDGE: So you've beer doing this for three
years?
at this, at this current time.
MR. BOGGESS: Okay. That's all my questions,
Your Honor.
business in 2007?
PAGE 9
attended a, college courses for real estate investment.
And after we a, finished all of our courses we purchased our
first rental property.
THE JUDGE: And when did you send all the stuff to
a, Mr. Boggess's attorney?
THE WITNESS: I sent it, I'm not sure of the exact
date, it was several years ago. When Tina came to me after
she had been through a court hearing with Your Honor, and I'm
not sure if it was you in particular, but I know she went to
court and she said that Mike was court ordered to sign the
guit claim deed and if I could get the paperwork over to her
lawyer as well as his. And at that point in time I had a
certain amount of time to do so and so I did it within that
time frame.
THE JUDGE: And how long did it take you to do it
after you were told?
THE WITNESS: She came to me and within two days I
had the paperwork. I also had a, the loan documentation
through my bank so that when the paperwork was filled we
would be able to move forward with the acguisition of the
property.
the property yourself?
THE WITNESS: It was my intention to a, purchase
the property and rent it to Tina and the children. I
PAGE 10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
wanted to keep them in that home untijl her life became more
stable and she could decide what she wanted to do. If she
wanted to live there indefinitely it was fine with me.
THE JUDGE: So you were going to just assume the
mortgage?
THE WITNESS: Yes. No, no/, no. I'm sorry,
Your Honor. We had a loan. We had ij>een conditionally
approved with a loan which I believe a, Tina had submitted
the paperwork from World Savings. Set) we were going to
purchase the house outright.
THE JUDGE: Okay. And wl at were you going to
rent it to her for?
THE WITNESS: For the amount of the loan.
Actually she has her own business.
I, I'm not 100% sure of whit the loan payment was
going to be. I think it was around 1,100 I would like to
say.
of you want to ask her after those gifiestions?
MR. BOGGESS: No, Your H0nor.
MS. JENKINS: No, sir.
MS. JENKINS: Thank you.
Your Honor, and part of th<£ a, the last filing
that Mike had filed on April 1st for this hearing a, he
PAGE 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
stated in there about our 2006 tax returns. I provided a
bank statement and copies of checks a|, of where our taxes
went.
My mother is here to testifjy if, if needed. I feel
my paperwork is accurate.
MS. JENKINS: Yes, sir.
questions you want to ask about the ijtemization she supplied
to you?
MR. BOGGESS: Well, in h^r statement she stated
that most of the money had gone to p^y off past and current
bills and then she provided a little breakdown on the same
page. And a, looking at the breakdown I see, you know, one,
two, two places where she had a spentt money on actual
bills. The rest of it are just ambiguous charges here and
there. There's $1,000 that was reimbursed to her friend
that she claimed her friend borrowed money to make a house
payment.
testimony, Ms. Jenkins. Put somebody here to tell me about
this. Or if you want to take the st^nd and tell me
yourself.
WHEREUPON,
LAURIE JENKINS
having been duly placed under oath by the clerk of the court
and sworn to testify truthfully, upoh examination testified
as follows:
and spell it, please.
J-E-N-K-I-N-S.
still living in our home?
A. (THE WITNESS:) Yes.
Q. Do you, what do you do for my business?
A. I help, I do the accounting for Chores and More.
Q. Which pertains of?
A. I do, I prepare, I do all of the accounting and a,
do financials for tax purposes, statements.
THE JUDGE: You do the accounting for who?
THE WITNESS: For Chores and More, her business.
PAGE 13
Q. (MS. JENKINS:) Now, on our a, 2007 financial
statement we had, we had some numerous a, checks and
payments.
Q. Can you recall what a few of them are?
A. In... For 2007?
Q. Yes. In the beginning of the month in February
when Michael was still in the home.
THE JUDGE: He was there until February?
A. (THE WITNESS:) Uh-huh (affirmative). Okay.
It seems to me that you, the... Well, excuse me. The
business was in a, in a minus. And then when the taxes
came in it kind of brought it out of the minus. And then a,
it seems like there was a car payment made, there was the
pay back for, to a, Rachelle (phonetic), I can't remember
her last name, I can't pronounce it, and she had loaned you
people $1,000 to help with the house payment before, I think
in the month before. No, it was in October of 06. And then
she had made an arrangement that when you got the payment,
when you got your taxes back that you would pay her back, and
you did pay her back.
And then there was some miscellaneous charges to
PAGE 14
Walmart I believe a, groceries. I'm not sure.
Q. Now do you, do you recall Michael and I attending a
marriage matters classes?
Q. Great. No more questions.
A. And I think, I think that was taken out of, I think
that was before.
MR. BOGGESS: Yes, I do, Your Honor.
CROSS BY MR. BOGGESS.
position with Wells Fargo to inquire about my employment with
my employer?
with our financial status.
Mr. Boggess?
MR. BOGGESS: Credibility. Whether this is
being, her testimony is in fact legi^:. This leads up to the
quit claim deed that's been presented too.
THE JUDGE: Well, is she going to testify about
the quit claim deed?
MR. BOGGESS: I believe she used a notary, well,
I know she used a notary out of the office where she works,
Wells Fargo over here on Main Street^
PAGE 15
question.
notary—
here.
possibly explain how a document that's supposed to have my
signature on it but does not has been notarized by somebody
out of your office?
A. (THE WITNESS:) No.
THE JUDGE: This financial declaration that's
been filed in this matter by your daughter lists under
paragraph three a bunch of payments made. Are you the
person who prepared that from the accounting or did she
prepare that herself?
THE WITNESS: I think she, I prepared... Well,
she has a financial statement that she gets a, every quarter,
no, actually every month, and then I think she prepared that
herself.
THE WITNESS: No.
witnesses?
MS. JENKINS: Unless... Are w e —
THE JUDGE: This is all of| the stuff you're going
to present to me?
MS. JENKINS: No, no, no. Are we... Yes, I guess
I could call Shawn Merlen.
THE JUDGE: Okay.
SHAWN MERLEN
having been duly placed under oath by the clerk of the court
and sworn to testify truthfully, upoh examination testified
as follows:
lat name for the court clerk.
THE WITNESS: Shawn Michael Merlen. S-H-A-W-N
M-E-R-L-E-N.
sir?
and I am Tina's uncle.
THE JUDGE: Okay.
Q. (MS. JENKINS:) And what do you do for a living?
A. (THE WITNESS:) I'm a private investigator.
PAGE 17
Q. And what was the dates that Michael was employed by
you?
employee?
said you worked for him. Now, he worked for you?
THE WITNESS: No. I said I was his, his
employer. I own Master Investigations. He worked for me
for a couple of years.
Q. (MS. JENKINS:) And in the time that he was
working with you a, do you recall th^ purchase of our
vehicle, the Pontiac Grand Am?
A. (THE WITNESS:) The Grand Am. Yes. Yes, I do.
Q. And did you advise Michael on that?
A. Yes. He brought the car to me saying that he
really wanted to buy it because he was in the process of
buying a car so he could do surveillance for me. And I
told him that the car wasn't a good Choice, I told him
that it stood out way too much. And he was dead set on
buying it regardless. We had had conversations with Mike
and Tina about the car in which I explained to him that it
wasn't the best choice. And he insisted on having that car,
and he bought it even against—
PAGE 18
anything?
of this vehicle.
THE JUDGE: Well, if you all reached an agreement
as to who should assume the obligations on these cars, then
what difference does it make?
MS. JENKINS: Okay.
THE JUDGE: Okay.
MS. JENKINS: I'm just trying to, to show my
financial state that I was left in when Michael left the
home.
THE JUDGE: Well, ma'am, I understand you can
show that. But the fact of the matter is, is that, that he
made a poor choice in buying a car. That's one issue.
But that's not an issue here. The issue is whether or not
the two of you agreed who should assume the debt on which
car.
MS. JENKINS: Okay.
THE JUDGE: And if you all, if you agreed to do
that, that makes all this not relative to anything.
MS. JENKINS: Okay. I apologize, Your Honor.
THE JUDGE: That's all right. I understand you
don't understand (short inaudible, witness hitting mic) how
things work. You're not an attorney, I don't expect you to
PAGE 19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
know all those things. But the fact of the matter is is that
the agreement afterwards sort of eliminates the reasons
behind the purchase of the car.
MS. JENKINS: Okay.
THE JUDGE: If you made an agreement with him as
to who should take the obligation on whichever car you were
going to take. That's altogether a different thing and that
sort of eliminates all of this.
MS. JENKINS: No. I agree. I just wouldn't...
Before our, before our marriage he had a Nissan
pickup, and that was his car. And then a, like I said, we
purchased this car for his work vehicle and so a, his
credit wasn't good enough so I had to put it in my name.
I didn't drive the car, I drove the truck. And when,
after—
THE JUDGE: What I understand is that you all made
an agreement afterwards as to who should get which car. Is
that incorrect?
THE JUDGE: Okay. So the reason that you may
have bought it to begin with is one issue, but that's an
issue that is no longer relevant because of the agreement you
made after that.
MS. JENKINS: Okay.
PAGE 20
MS. JENKINS: I don't think the taxes are...
Okay. Thank you.
Mr. Merlen.
MS. JENKINS: No, sir.
Mr. Boggess?
witnesses?
THE JUDGE: What do you all want me to do?
CLOSING ARGUMENT BY MS. JENKINS
MS. JENKINS: Your Honor, I just feel like
through this whole thing I have been financially burdened
with all of the debts. Every time he's taken me to court he
has been the petitioner. Every time we have gone to
mediation he is the one that blatantly would not agree.
There was one mediation where he scared my
attorney so bad, he scared his own attorney.
I just feel that this is, since the protective
order was awarded this is the only way that he can attack
PAGE 21
I think he has complete disregard for the court
orders.
We had a buyer on the home, before we were ordered
to do the quit claim deed we had a buyer. He refused to
sign the papers. He refused to, to obey by the court
orders. And I financially have been burdened.
The only thing that I'm asking is for my attorney
fees. I have to petition through a different court system
to get the foreclosure off my name. It's going to be very
hard. Because I was left so upside-down in my vehicle, you
know, it was repossessed, and I have that debt as well.
Your Honor, all I'm asking is some respect for the
court.
MR. BOGGESS: Okay. Your Honor, as I had stated
a, you know, Tina requested the house in several filings.
She let the house g o —
THE JUDGE: Well, why didn't you sign a quit claim
deed? You had a copy of it.
MR. BOGGESS: I, first of all, I don't believe
that this is the quit claim deed that was presented to my
attorney. This is the quit claim deed that had been—
THE JUDGE: Whether or not this was the one
PAGE 22
MR. BOGGESS: Now, after that hearing with the
Commissioner Blomguist I was advised by my attorney at the
time, after speaking with her attorney Ms. Lee, that Ms. Lee
was going to draw up the paperwork, fax it over to my
attorney to be given to me. And it was a big
misunderstanding. Had I known that I needed to go down and
physically do all of this, then I would have.
Why I didn't sign this quick claim deed, this is
the first time I've seen this document. And even if I had
received this document at the time I wouldn't have felt right
signing something that had been notarized.
THE JUDGE: Why not? It just says you're quit
claiming any right you have. You already said you didn't
want anything to do with this house. Why didn't you sign
it?
yesterday. Yesterday was the first time I had seen this
one. I had received the package in the mail from Tina of her
filing.
revoked your release of authorization^
MR. BOGGESS: I believe my attorney did that when
I dismissed him.
If you... I think I have the court minutes where
PAGE 23
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Mr. Wiser withdrew as my attorney, I believe on the same day
if not soon thereafter. Yes. On 9-12-07 filed a notice of
withdrawal of counsel Mark W. Wiser.
After receiving Tina's evidence yesterday I have
not been able to get in contact with Mr. Wiser to see if he
has any more of this information that was not returned to me,
to actually get the document that he was faxed.
Some of these documents that Tina had filed in
this last filing a, I mean, these could have been printed up
the date they were mailed. There's no confirmation page to
say that, you know, that this was the day that this was
sent.
I have, the authorization to release information
that Tina included in her filing does not match one that was
sent to my attorney at a previous time which it just draws
into question the validity of these papers that have been
filed.
As far as the quit claim deed goes, as I said,
you know, my attorney had told me one thing that this was
the way it was going to happen. It didn't work out that
way.
Mr. Boggess, you have to represent yourself and you have
to do what you need to do. You can't just ignore
everything.
MR. BOGGESS: No. And I did. I tried several
times to come in contact with Ms. Lee, I have emails that I
had sent to her requesting communication, I have letters that
were sent to her.
MR. BOGGESS: I didn't know that that would be
pertinent today.
MR. BOGGESS: If I could get a continuance or
something I will bring that in and prove that I had tried to
contact her. There's still nothing filed with the court
that says she's withdrawn from this case.
THE JUDGE: Anything further?
MR. BOGGESS: One thing, one thing that kind of I
think needs to be brought to your attention. In Tina's
previous filings she had stated that, you know, she had made
sacrifices to maintain the residence during our separation,
she had uncles living with her that could make rent. In the
last filing she filed she states thal[,
My uncles were living with me but not
paying. I actually wanted them there for
safety of my family.
MR. BOGGESS: To me, a, you know, this is just
another reason that you're telling the court one thing and
PAGE 25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
you're getting your way then you let it go. Now you want me
to pay for it. It doesn't seem quite right to me but...
FURTHER CLOSING BY MS. JENKINS
MS. JENKINS: Your Honor, I have documents here
with me today that Michael violated the protective order by
coming to the home.
We're not talking about protective orders.
MS. JENKINS: Well, that's why I kept my uncles
there for my safety because he would-^-
THE JUDGE: No. You kept your uncles there, you
said you had them there to pay the rent.
paying the rent.
MS. JENKINS: Well, they weren't. My one uncle
moved to California so I had just the one uncle there. And
I did not feel safe in the home by myself with my children.
The threats that he made when I obtained the protective
order, I still feel threatened.
THE JUDGE: Well, I don't have that here in front
of me so I can't reach a decision on that because there's
nothing here to show me that. All I know is that there is a
protective order. I don't know anything about it. It's not
on file in this case.
PAGE 26
MS. JENKINS: Okay. Well, I just didn't know if
it was, if I should have presented it. I was, I have the
documents here that he violated the protective order when I
was still in the home.
THE JUDGE: And when was t;hat?
MS. JENKINS: November of 2007.
THE JUDGE: And how long did your uncle live
there, your two uncles live there?
MS. JENKINS: He, my one uncle was there with me
until I moved out of the home.
THE JUDGE: And when was that?
MS. JENKINS: November, the end of November when
we lost the house in foreclosure.
THE JUDGE: November of the same year or the next
year?
violation was in 2007? You got the protective order 2007?
MS. JENKINS: Yes, sir. I received a protective
order in April and he violated it in November.
MR. BOGGESS: If I may, Ypur Honor, she was
already moved out of the residence when I went over there to
check on my property. That was the violation.
THE JUDGE: When did you' move out of the house?
MS. JENKINS: No, sir. We were still in the
PAGE 27
THE JUDGE: When did you move out of the house?
MS. JENKINS: The end of November.
THE JUDGE: And when did you allege he came over
there?
protective order was violated.
MS. JENKINS: Yes.
MS. JENKINS: Well, we were still in the process.
THE JUDGE: You just told me you left by the end
of November. So which is it?
MS. JENKINS: It could have been the first,
beginning of December. I mean, we had the entire house that
we were moving out.
purchased a, a stove and a refrigerator and Michael was
given the opportunity to retain that from the, the people
that bought the home after he violated the protective
order. The gentleman that bought the home was very
generous with us and he let me spend some time, you know, I
made sure I cleaned it. And like I said, he had an
opportunity to replace this, the appliances. He went in
and took pictures of the appliances but he didn't replace
PAGE 28
FURTHER CLOSING BY MR. BOGGESS
MR. BOGGESS: This last little part she just
spoke about I'm kind of confused as to a, having the
opportunity to go retrieve appliances, what that has to do
with anything at this point.
My mother had loaned us a stove, a refrigerator,
a washer and dryer, plus she had purchased a dishwasher as a
marital gift for us. When the house was foreclosed upon the
stove was lost in the foreclosure. The refrigerator, Tina
ended up selling to her sister Tonia. My mother did take
Tina to small claims court to try to reimburse some of her
loss. She was awarded a partial judgment or something, I
believe. But that matter I believe is between my mother and
Tina and doesn't really involve me.
Nothing else, Your Honor
this matter? Was this bifurcated?
MR. BOGGESS: Yes.
THE JUDGE: And when wais the divorce entered?
MR. BOGGESS: The bifurcation?
THE JUDGE: Okay.
11-16-07.
THE JUDGE: Are there any other documents either
side wants to submit to me or have me look at before I make a
decision?
latest submissions and I'll let you know what the decision
is. Thank you very much.
We'll be in recess.
MR. BOGGESS: Thank you.
PAGE 30
I, Penny C. Abbott, a Certified Shorthand Reporter and
Notary Public in and for the State of Utah, do hereby certify
that I received the electronically recorded proceedings in
the matter of Boggess vs. Boggess, hearing date April 14,
2010, and that I transcribed it into typewriting and that a
full, true and correct transcription of said hearing so
recorded and transcribed is set forth in the foregoing pages
numbered 1 through 30, inclusive, including where it is
indicated that the recording was inaudible.
I further certify that I am not of kin nor otherwise
associated with any of the parties to this cause of action
and am not interested in the event thereof.
WITNESS my hand and official seal this 2nd day of
August, 2010.
PENNY C ABBOTT NOTARYPUBUC • STATE ol UTAH COMMISSION NO. 575806
COMM. EXP. 09/24/2012
BYU Law Digital Commons
Utah Court of Appeals

Documents

Boggess v. Boggess : Brief of Appellee