Affidavit and Petition for a Rule to Show Cause and Order
and Rule to Show Cause

Back to Family Law Legal Forms

IN THE CIRCUIT COURT OF BRAXTON COUNTY, WEST VIRGINIA

JANE HANCOCK,

Plaintiff/Petitioner,

VS CIVIL ACTION NO. 12-C-345

JOHN HANCOCK,

Defendant/Respondent.

AFFIDAVIT AND PETITION FOR A RULE TO SHOW CAUSE

This day JANE HANCOCK, personally appeared before me, the undersigned authority in and for the State and County aforesaid, and after being first duly sworn by me, says:

1. That she is the Plaintiff in the above-styled action, and Petitioner herein;

2. That more than four (4) months have elapsed since the announcement of the Court's Order of July 29, 1993, and the Defendant/Respondent has failed, neglected and refused to comply with the same and he has announced his intention to refuse to abide by the court's prior Order alluded to hereinabove; and,

3. That the Petitioner has abided by and is in compliance with all prior Orders of this Court in this cause.

WHEREFORE, Petitioner prays that a Rule be awarded requiring JOHN HANCOCK, to appear and show cause, if any he can, why he should not be held in contempt of Court for his failure to abide by the terms of the aforesaid prior Court Order and why he should not be incarcerated in jail for his failure to abide by the said Order of this Court, and, since his alleged violation of said prior Order is deliberate, blatant, willful and intentional, without justification therefor, Petitioner does earnestly pray that as a deterrent against any further such action by the Respondent, as well as, his disregard and explicit contempt of the Orders of this court, that he be required to pay attorney fees and costs in connection with this Rule, in the amount of Two Hundred Fifty Dollars ($250.00).

__________________________
JANE HANCOCK

Taken, sworn to and subscribed before me this the _____ day of _______, 19__, by JANE HANCOCK.

My Commission expires: _____________________________

_____________________________
PREPARED BY:

________________________
James Wilson Douglas
Attorney at Law
100 North Hill Road
Post Office Box 425
Sutton, West Virginia 26601

IN THE CIRCUIT COURT OF BRAXTON COUNTY, WEST VIRGINIA

JANE HANCOCK,

Plaintiff/Petitioner,

VS CIVIL ACTION NO. 12-C-345

JOHN HANCOCK,

Defendant/Respondent.

ORDER AND RULE TO SHOW CAUSE

On a prior date, came the Petitioner, by Counsel, and asked leave to file her Affidavit for Order and Rule, which Affidavit and Petition is hereby Ordered filed.

And it appearing to the Court from said Affidavit and Petition proper so to do, it is hereby ORDERED and DECREED that the said JOHN HANCOCK, be, and he is hereby, required to appear before this Court on the ______ day of ________, 19__, at ______ a. m., or as soon thereafter as the same may be heard and show cause, if any he can, why she should not be held in contempt for his failure to comply with a prior Order of this Court, dated July 25, 1994; why he should not be incarcerated in jail for his failure to abide by the Order of this Court; and why Respondent should not be required to pay the costs of this Order, including a reasonable attorney fee of Two Hundred Fifty Dollars ($250.00) as prayed for by the Petitioner. It is further ordered that the service of an attested copy of this Order and the Affidavit and Petition shall be in lieu of and have the same force and effect as a formal Order.

PREPARED BY:

_________________________
James Wilson Douglas
Attorney at Law
100 North Hill Road
Post Office Box 425
Sutton, West Virginia 26601