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HomeMy WebLinkAbout04-6366IN THE MATTER OF THE MARRIAGE OF Mary Kristina Irot and Scott Connolly Irot AND IN THE INTEREST OF Peter Gregory irot, and Sysha Elizabeth Irot No. 84-4387-G IN THE DISTRICT COURT 319th JUDICIAL DISTRICT NUECES COUNTY, TEXAS DECREE OF D,VORCE AND i-INAL ORDERS IN SUIT AFFECTING PAi~i-N'I-CHILD i~ELATIONSHIP A final hearing was held in this case on ~C~::~_~"' /-J , 1984 with the Honorable Max Bennett presiding. Petitioner, Mary Kristina Irot, was present with her attorney Walter Brown and announced ready for trial. Respondent, Scott Connolly Irot, waived notice of the final hearing and was not present. Since a jury was not demanded by any party, all issues of fact and law were submitted to the Court, and the Court proceeded to hear evidence and argument. A record of testimony was made by Claudia Escobar, Court Reporter. THE SUIT TO DISSOLVE THE MARRIAGE FINDINGS: The Court makes the following findings of fact: Subject matter: The parties were married ceremonially on February 6, 1976, at Hesperia, California, and are no longer living together as husband and wi~e. Since that time, they have acquired community property and debts that must now be divided. A Suit Affecting Parent-Child Relationship concerning the children of the parties is pending, and is the subject of further findings and orders below. Subject matter jurisdiction: The statutory residence prerequisites for initiating a divorce action were met by Mary Kristina Irot, and at least sixty days have elapsed since the date the original petition was filed. Notice and personal jurisdiction: Respondent, Scott Connolly Irot, has entered a general appearance in this cause. He has signed a Waiver of Citation now on file which has not been revoked, acknowledging receipt of a copy of the pleadings on which the evidence and this Decree are based, and waiving his right to be personally served with citation. Grounds for orders entered: The marriage between Petitioner and Respondent has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation. The parties have agreed to the division of property and debts that is recited in this decree. They have further agreed that in filing federal income tax returns for the year of the divorce, each party will report all of the income earned in his or her own name, and will claim credit for all of the taxes withheld from that income. Mary Kristina lrot has requested that her name be changed to Mary Kristina Faber. ORDERS: The Court makes the following orders in the suit to dissolve the marriage: Marriage dissolved: Mary Kristina Irot and Scott Connolly Irot are hereby divorced. Community property awarded to Petitioner: Mary Kristina Irot is awarded the following as her sole and separate property, free from any claim by Scott Connolly Irot unless a lien or condition is specifically set out in this decree: 1. The house and lot located at 1622 E. Manor Dr., Corpus Christi, Texas, more fully described as Lot 6, Block 1, Manor Terrace Subdivision, Corpus Christi, Nueces County, .Texas, together with all insurance policies and escrow accounts and subject to the indebtedness thereon; 2. 1982 Dodge Aries; but Petitioner is ordered to convey possession of and title to this vehicle to Respondent on September 1, 1985. In the event the vehicle is damaged or wrecked, any insurance proceeds received by Petitioner shall be held in trust and delivered to Respondent on September 1, 1985. 3. 1972 Fiat automobile subject to Respondent's right to use it for one year as set forth below; 4. All furniture and furnishings in Petitioner possession; and 5. All property, including but not limited to personal effects, cash, bank accounts, insurance policies, furniture, automobiles, and employment benefits, which are now in Petitioner's name, possession, or control, and which are not otherwise specified in this decree. Community property awarded to Respondent: Scott Connolly Irot is awarded the following as his sole and separate property, free from any claim by Mary Kristina irot unless a lien or condition is specifically set out in this decree: 1. Use of the 1972 Fiat automobile for one year; and Respondent is ordered to convey possession of this vehicle to Petitioner on September 1, 1985; 2. All property, including but not limited to personal effects, cash, bank accounts, insurance policies, furniture, automobiles, and employment benefits, which are now in Respondent's name, possession, or control, and which are not otherwise specified in this decree. Debts assigned to Petitioner: Mary Kristina Irot is assigned liability for the following debts and oblications, and is ordered to indemnify and hold Scott Connoll¥ Irot harmless from any failure to discharge such debts and obligations: 1. Sears~ 2. Mastercard (her name); 3. Corpus Christi Area Teachers Credit Union (car loan and pe'rsonal loan); 4. All debts in Petitioner's name or incurred by Petitioner which are not otherwise specified in this decree. Debts assigned to Respondent: Scott Connolly Irot is assigned liability for the following debts and obligations, and is ordered to indemnify and hold Mary Kristina Irot harmless from any failure to discharge such debts and obligations: 1. Mastercard (his account); 2. Corpus Christi Area Teachers Credit Union (personal Ioan)~ 3. All debts in Respondent's name or incurred by Respondent which are not otherwise specified in this decree. Faber. Name change: The name of Mary Kristina Irot is changed to Mary Kristina THE SUIT AFFECTING PARENT-CHILD RELATIONSHIP FINDINGS: The Court makes the following findings regarding the Suit Affecting Parent-Child Relationship: Subject matter: Petitioner and Respondent are the parents of the following minor children: Name: Peter Gregory Irot Sex: Male Date of birth: July 12, 1978 Place of birth: Austin, Texas Present residence: 1622 E. Manor Drive, Corpus Christi, Texas Name: Sysha Elizabeth Irot Sex: Female Date of birth: November 15, 1981 Place of birth: Corpus Christi, Texas Present residence: 1622 E. Manor Drive, Corpus Christi, Texas Mary Kristina Irot is not now expecting a child. Subject matter jurisdiction: The Court finds that no other Texas Court has continuing jurisdiction of the children the subject of this suit, and that Texas was the home state of the children on the date the original petition in this cause was filed, Notice and personal jurisdiction: Petitioner and Respondent are the only persons entitled Under Sec. 11.54, Texas Family Code, to notice and an opportunity to be heard prior to the entry of a child custody decree. Respondent, Scott Connolly lrot, signed a Waiver of Citation now on file which has not been revoked, acknowledging receipt of a copy of the pleadings on which the evidence and this Decree are based, waiving his right to be personally served with citation, and entering a general appearance in this cause. Grounds for orders entered: Petitioner and Respondent have entered into an agreement for custody and support of the children which is in the children's best interest and which is set forth below as orders of the Court. Further agreement: The parties have further agreed that in addition to court-ordered child support, Scott Connolly irot will pay contractual child support to Mary Kristina irot from the date the last child attains age 18 years or otherwise emancipated until the first child attains age 21 years, in the same amount last paid as court-ordered child support, and on the same periodic dates. Thereafter, he will pay one-half that amount until the last child attains age 21 years. As an alternative to the foregoing payments, Scott Connolly Irot may, by each child's 18th birthday, place in trust for that child's education the sum of $9,000, with Mary Kristina Irot as trustee. The parties have agreed that the provisions of this section may be enforced as a contract. ORDERS IN THE SUIT AFFECTING PARENT-CHILD RELATIONSHIP Petitioner appointed Managing Conservator: Petitioner, Mary Kristina Irot, is appointed Managing Conservator of the children the subject of this suit. Rights and Duties of the Managing Conservator: The Managing Conservator shall have all the rights, privileges, duties, and powers of a parent, to the exclusion of the other parent, including the following: 1. the right to have physical possession and establish the legal domicile of the children; 2. the duty of care, control, protection, moral and religious training, and reasonable discipline of the children; 3. the duty to support the children, including providing the children with clothing, food, shelter, medical care, and education; 4. the duty to manage the estate of the children; 5. the right to the services and earnings of the children; 6. the power to consent to marriage, to enlistment in the armed forces of the United States, and to medical, psychiatric, and surgical treatment; 7. the power to represent the children in legal action and to make other decisions of substantial legal significance concerning the chi Idren; 8. the power to receive and give receipt for payments for the support of the children and to hold or disburse any funds for the benefit of the children; 9. the right to inherit from and through the children~ 10. any other right, privilege, duty~ or power existing between a parent and child by virtue of law. Removing residence of children: The Managing Conservator shall not, before September 1, 1989r remove the children's residence more than 50 miles from Nueces County, Texas, without leave of this Court, unless during that period the Possessory Conservator removes his residence from Nueces County, Texas. Respondent appointed Possessory Conservator: Respondentr Scott Connolly Irot, is appointed Possessory Conservator of the children the subject of this suit with the following rights of possession: On the first and third Fridays of each month from 6:00 p.m. until 6:00 p.m. the following Sunday; For a seven-day period at Christmas ending December 26th at noon in odd-numbered years; For a seven-day period at Christmas beginning December 26th at noon in even-numbered years~ For a four-day period at Thanksgiving in even-numbered years, from 6:00 p.m. the Wednesday before Thanksgiving and ending at 6:00 p.m. tl~e following Sunday; For a two-week period in summer upon 30-days written notice to the Managing Conservator; At all other reasonable times to be agreed to by the parties. Grandparent access: The parenal grandparents, Peter and Anna irot, are hereby granted possession of the children for one week during each calendar year at a time that is mutually agreed to between the parties. The grandparents transportation expenses from and Conservator. Exchanging the children: shall be responsible for any to the residence of the Managing The Managing Conservator is ordered to surrender the children to the Possessory Conservator at the beginning of each period of possession, and the Possessory Conservator is ordered to return the children to the Managing Conservator immediately at the end of each period of possession. Unless otherwise agreed to by the parties or provided in this Decree, each exchange shall occur at the residence of the Managing Conservator, and the Possessory Conservator shall bear all transportation expenses. Rights and Duties of the Possessory Conservator: The Possessory Conservator shall have the following rights, privileges, powers, and duties: a. the duty of care, control, protection and reasonable discipline of the children during periods of possession; b. the duty to provide the children with clothing, food and shelter during period of possession; c. the power to consent to medical and surgical treatment during an emergency involving an immediate danger to the health and safety of the children during periods of psosession; d. the right to access to medical, dental and educational records of the children to the same extent as the Managing Conservator; e. the right to consult with any treating physician or dentist of the children; and f. the right to consult with school officials concerning the child's welfare and educational status, including school activities. Change of address: Any party to this order who intends a change of place of residence is ordered to give written notice of the intended moving date and new address to the other party at least 30 days before the move. If the moving party becomes aware of the move less than 30 days in advance, notice shall be given to the other party immediately. This notice may be delivered in person or by registered or certified mail, return receipt requested, to the last known address of the other party. Respondent ordered to pay child support: Respondent, Scott Connolly irot, is ordered to pay child support to Petitioner, Mary Kristina Irot, of $600 on th~ first day ~- e~ery month, Oe~ 3~, 10~. Thereafter, Scott Connolly Irot is ordered to pay child support to Mary Kristina Irot of $500 on the first day of every month, beginning on January 1, 1985, and continuing until the last child reaches the age of 18 years, is otherwise emancipated, or dies. All payments shall be made payable to the recipient named above, but shall be paid through the Wife and Child Support Division, Nueces County Courthouse, District Clerk's Officeo Room 3110 901 Leopard St., Corpus Christi, Texas 78401; (mailing address: P.O. Box 340, Corpus Christi, Texas 78403), and thereafter remitted to the recipient for the benefit of the minor children. All costs of court expended in this cause are adjudged against the party by whom incurred, for which let execution issue. All relief requested in this case and not expressly granted herein is hereby denied. SIGNED this day of __ , 1984. ~etitio~ler Respondent STATE OF TEXAS COUNTY OF NUECES I, PATSY PEREZ, DISTRICT CLERK OF NUECES COUNTY, Taxas, do hereby certify that the forCpoing is a true and correct copy of th3 original record, new in my lawful cu.~ody and possess!on, as appears..../ of record in Vol. [~-- , P.%,~ , Mihutes of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Mary Kristina Irot Plaintiff Vs Scott Connolly Irot Defendant : File No. 04-6366 Civil Term IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one by marking "x"] __ prior to the entry of a Final Decree in Divorce, or x after the entry of a Final Decree in Divorce dated October 4, 2004 hereby elects to resume the prior surname of Faber ., and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: ~2)-°-c" 2 ~12'/Y~ ? ~/ /~' i~' ~ Signature _ Mary rristina Irot x S±gnature - Mary Kristina Faber Mary Kristina Faber Signature of name being resumed COlvlMON~vVEALTH OF PENNSYLVANIA ) COUNTY OF (.'~_,m~,,_,j_r:.~) On the ~ day of -2)/<>(~l~bea. ,200~__, before', me, the Prothonotary or the notary public, personally appeared the above affiant known 'to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Pr6thonotary or Notary Public