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HomeMy WebLinkAbout01-5602IN ~ MATTER OF ~ MARRIAGE OF NO. 322- A6378-96 MAE E. OLIVER DON W. OLIVER IN TH~ DISTRICT COURT 322ND JUDICIAL DISTRICT TARRANT COUNTY, TEXAS FINAL DECREE OF DIVORCE On February ~ 1997, this case came on for hearing. 1. Appearances. Petitioner, MAE E. OLIVER, Social Security number 194-42-7658, driver's license number 12572486, Texas, appeared in person and through attorney of record, WILLIAM ROLLINS. Respondent, DON W. OLIVER, Social Security number 465-88-0382, driver's license number 05887374, Texas, waived issuance and service of citation by waiver duly filed and did not otherwise appear. 2. Record. The making ora record of testimony was waived bythe parties with the consent of the Court. 3. Jurisdiction and Domicile. The Court finds that the pleadings of Petitioner are in due form and contain all the allegations, information, and prerequisites required by law. The Court, after receiving evidence, finds that it has jurisdiction over this cause of action and the parties and that at least 60 days have elapsed since the date the suit was filed. The Court finds Petitioner has been a domiciliary of this state for at least a six- month period preceding the filing of this action and a resident of the county in which this suit is filed for at least a 90-day period preceding the filing of this action. Al1 persons entitled to citation were properly cited. 4. A jury was waived, and all questions of fact and of law were submitted to the Court. FINAL DECREE OF DIVORCE-OLiVER PAGE 1 F40104 e 014 5. Agreement of the Parties. The parties have consented to the terms of this decree and stipulated that the provisions for division of assets and liabilities are contractual. 6. Divorce. IT IS ORDERED AND DECREED that MAE E. OLIVER, Petitioner, and DON W. OLIVER, Respondent, are divorced and that the marriage between them is dissolved. 7. Children of the Marria_lg~. The Court finds that there is no child of the marriage and that none is expected. Division of Marital Estate. The Court finds that the following is a just and right division of the parties' marital estate, having due regard for the fights of each party. IT IS ORDERED AND DECREED that the estate of the parties is divided as follows: Petitioner is awarded the following as Petitioner's sole and separate property, and Respondent is divested of all right, title, interest, and claim in and to such property: All household furniture, furnishings, fixtures, goods, appliances, and equipment in the possession of or subject to the sole control of Petitioner. The following furniture, furnishings, fixtures, goods, appliances, and equipment: washing machine, dryer, dining room suite, Toshiba VCR, RCA VCR, dolphin table and carpet shampooer. All clothing, jewelry, and other personal effects in the possession of or subject to the sole control of Petitioner. Any and all sums of cash in the possession of or subject to the sole control of Petitioner, including money on account in banks, savings institutions, or other financial institutions, which accounts stand in Petitioner's sole name or from which Petitioner has the sole right to withdraw funds or which are subject to Petitioner's sole control. 5. Any and all sums, whether matured or matured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom, and any other rights related to any profit-sharing plan, retirement plan, pension plan, employee stock option plan, employee savings plan, accrued unpaid bonuses, or other benefit program existing by reason of Petitioners past, present, or future employment. 6. The following motor vehicles, together with all prepaid insurance, keys, and title documents: 1994 Ford Taurus FINAL DECREE OF DIVORCE-OLIVER PAGE 2 015 Respondent is awarded the following as Respondent's sole and separate property, and Petitioner is hereby divested of all right, title, interest, and claim in and to such property: 1. All household furniture, furnishings, fixtures, goods, appliances, and equipment in the possession of or subject to the sole control of Respondent. 2. The following furniture, furnishings, fixtures, goods, appliances, and equipment: 25" Memorex TV, 52" Magnavox TV, bedroom suite, living room suite, 2 VCRs, lawn mower, weed trimmer and vacuum cleaner. All clothing, jewelry, and other personal effects in the possession of or subject to the sole control of Respondent. Any and all sums, whether matured or matured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom, and any other rights related to any profit-sharing plan, retirement plan, pension plan, employee stock option plan, employee savings plan, accrued unpaid bonuses, or other benefit program existing by reason of Respondent's past, present, or future employment. The following motor vehicles, together with all prepaid insurance, keys, and title documents: 1990 Ford Fl50 Truck 1993 ProCraft Dual Pro bass boat IT IS ORDERED AND DECREED that Petitioner shall pay, as a part of the division of the estate of the parties, the following and shall indemnify and hold Respondent and Respondent's property harmless from any failure to so discharge these items: The balance due, including principal, interest, and all other charges, on that certain promissory note payable to Fort Worth Federal Credit Union loan number 139050 #145, and given as part of the purchase price of and secured by a lien on the 1994 Ford Taurus awarded to Petitioner. 2. The following debts, charges, liabilities, and obligations: BankOne Mastercard Montgomery Ward Sears Spiegel Student Loan Account # 5347 1360 2016 8764 Account # 639 885 399 Account # 00 56343 82902 6 Account # 25 0787 022 4 Loan # 194 42 7658 Any and all debts, charges, liabilities, and other obligations incurred solely by Petitioner from and after November 20, 1996, unless express provision is made in this decree to the contrary. FINAL DECREE OF DIVORCE-OLIVER PAGE 3 F40104 016 IT IS ORDERED AND DECREED that Respondent shall pay, as a part of the division of the estate of the parties, the following and shall indemnify and hold Petitioner and Petitioner's property harmless from any failure to so discharge these items: The balance due, including principal, interest, and all other charges, on that certain promissory note payable to Central Bank and Trust loan number 9148236, and given as part of the purchase price of and secured by a lien on the 1990 Ford Fl50 Truck The balance due, including principal, interest, and all other charges, on that certain promissory note payable to Central Bank and Trust loan number 9148236, and given as pan of the pumhase price of and secured by a lien on the 1993 ProCraft Dual Pro bass boat awarded to Respondent. 3. The following debts, charges, liabilities, and obligations: Discover First Card Visa Account # 6011 0081 2011 0470 Account # 4673 615 012 044 Any and all debts, charges, liabilities, and other obligations incurred solely by Respondem fi.om and after November 20, 1996, unless express provision is made in this decree to the contrary. 9. Notice. IT IS ORDERED AND DECREED that each party shall send to the other party, within three days of its receipt, a copy of any correspondence fi'om creditor or taxing authority concerning any potential liability of the other party. 10. Attorney's Fees. To effect an equitable division of the estate of the parties and as a part of the division, each party shall be responsible for his or her own attorney's fees incurred as a remit of legal representation in 11. Federal Income Taxes. IT IS ORDERED AND DECREED that MAE E. OLIVER and DON W. OLIVER shall be jointly responsible for all federal income tax liabilities of the parties fi.om the date of marriage through December 31, 1996. IT IS FURTHER ORDERED AND DECREED that, for the calendar year 1997, each party shall file an individual income tax remm in accordance with the Internal Revenue Code and report as FINAL DECREE OF DIVORCE-OLIVER PAGE 4 F 017 the party's income one-half of all community income or loss attributable to the parties, or either of them, before the date of divorce, all income attributable to the reporting party after that date, and all the reporting party's separate income during any part of the year. Each party shall take credit on the party's return for 50 percent of all prior year overpayments, estimated tax payments, and withholdings occurring before the date of divorce and for 100 percent of the reporting partes estimated tax payments and withholdings occuning after the date of divorce. IT IS FURTHER ORDERED AND DECREED that, for the calendar year 1997, MAE E. OLIVER shall timely pay and hold DON W. OLIVER and DON W. OLIVER's property harmless fi-om any federal income tax liability attributable to the personal earnings of MAE E. OLIVER, any income fi-om separate property of MAE E. OLIVER, and the increase and mutations of, and the revenue fi'om, all community property subject to the sole management, control, and disposition of MAE E. OLIVER fi-om January 1 of that year through the date of divome. IT IS FURTHER ORDERED AND DECREED that MAE E OLIVER shall be entitled to use as a credit against MAE E. OLIVER's tax liability all prepayments and withholdings made by MAE E. OLIVER before the date of divorce and all deductions, exemptions, and adjustments attributable to the personal earnings of MAE E. OLIVER and any income fi-om separate property, and the increase and mutations of, and the revenue from, all community property subject to the sole management, control, and disposition of MAE E. OLIVER before the date of divorce. IT IS FURTHER ORDERED AND DECREED that MAE E. OLIVER shall pay and hold DON W. OLIVER and DON W. OLIVER's propen~ harmless fi-om any tax liability attributable to MAE E. OLIVER's income fi-om the date of divorce until December 31 of that year. IT IS FURTHER ORDERED AND DECREED that, for the calendar year 1997, DON W. OLIVER shall timely pay and hold MAE E. OLIVER and MAE E. OLIVER's property harmless from any federal income tax liability attributable to the personal earnings of DON W. OLIVER, income fi'om the separate property of DON W. OLIVER, and the increase and mutations of, and the revenue fi'om, all community property subject to the sole management, control, and disposition of DON W. OLIVER fi'om January 1 of that year through the date of divorce. IT IS FURTHER FINAL DECREE OF DIVORCE-OLIVER PAGE 5 [40104m 018 ORDERED AND DECREED that DON W. OLIVER shall be entitled to use as a credit against DON W. OLIVER's tax liability all prepayments and withholdings made by DON W. OLIVER before the date of divorce and all deductions, exemptions, and adjustments attributable to the personal earnings of DON W. OLIVER and any income fi.om separate property, and the increase and mutations of~ and the revenue fi.om, all community property subject to the sole management, control, and disposition of DON W. OLIVER before the date of divorce. IT IS FURTHER ORDERED AND DECREED that DON W. OLIVER shall pay and hold MAE E. OLIVER and MAE E. OLIVER's property harmless fi.om any tax liability attributable to DON W. OLIVER's income from the date of divorce until December 31 of that year. IT IS FURTHER ORDERED AND DECREED that each party shall be solely entitled to use as a credit against his or her own tax liability all prepayments and withholdings made by him or her after the date of divorce and all deductions, exemptions, and adjustments attributable to his or her income and expenses al[er the date of divorce. 12. Information to Other Party_. IT IS FURTHER ORDERED AND DECREED that MAE E. OLIVER and DON W. OLIVER shall furnish such information to the other party as is requested to prepare federal income tax returns for each party for the year in which this divorce decree is entered, and in no event shall such information be exchanged later than March 1 of the year following the year in which this divorce decree is entered. Each party shall pay for the preparation of his or her own tax return for the year in which this divorce decree is entered. 13. Tax Refund. If a refund is made for overpayment of taxes for any year during the parties' marriage, each party shall be entitled to one-half of the refund, and the party receiving the refund check is designated as a constructive trustee for the benefit of the other party, to the extent of one-half of the total amount of the refund, and shall pay to the other party one-half of the total amount of the refund check within five days of receipt of the refund check. FINAL DECREE OF DIVORCE-OLIVER PAGE 6 F 019 1~. No Alimony. 1T IS ORDERED AND DECREED that no provision of this decree shall be construed as alimony under the Internal Revenue Code. No provision of this decree is intended to be interpreted as providing for taxable alimony. 15. Court Costs. All costs of court expended in this cause are taxed one-half against Petitioner, MAE E. OLIVER, and one-half against Respondent, DON W. OLIVER, for which let execution issue. 16. Clarifcng Orders. Without affecting the finality of this Decree of Divorce, this Court expressly reserves the fight to make orders necessmy to clarify and enforce this decree. 17. Relief Not Granted. IT IS ORDERED AND DECREED that all relief requested in this cause and not expressly granted is denied. 18. Date of Judgment S ON Don FINAL DECREE Of DIVORCE-OLIVER PAGE 7 F 40i04P [ 020 APPROVED AS TO FORM ONLY: WlI~IAM ROLLIlqS - State Bar No. 00794558 Attorney for Petitioner APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE: MAE E. OLIVER, Petitioner DON W. OLIVER, Respondent FINAL DECREE OF DIVORCE-OLIVER PAGE 8 F 40i04~[ 021 IN THE COURT OF COMMON PI,EAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW Plaintiff : Defendant : VS. File IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the ;~:!\ day of~,~<~., 19 ~'7 hereby elects to resume the prior surname of _~~ and gives this written notice pursuant to the provisions of 54 P.S. § 704. DATE: ......... ~ . Signature Signature of name bein~ resumed COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF CUMBERLAND : Notary Public, personally applied the above affiant known to me be the person whose name acknowledged that therein contained. a t o is subscribed to the within document and be/she executed the foregoing for the purpose seal. Tn Witness Wbereof, I have hereunto set my hand and official CLAUDIA A, ~REWBAKER, NOTARY PUBLIC I Carll~la Bo~, Cu~rland My ~mm s~ ~ E~iras Apr 4, 2005