Preview
Filed in Otoe District Court
** EFILED **
Case Number: D11C1240000021
Transaction ID: 0021225542
Filing Date: 02/27/2024 11:32:10 AM CST
IN THE DISTRICT COURT OF OTOE COUNTY, NEBRASKA
MELISSA MARIE BARRETT,
Case Cl] 24-21
Plaintiff,
ANSWER AND
vs.
COUNTERCLAIM
THOMAS EDWIN BARRETT,
Defendant.
COMES NOW Defendant, THOMAS EDWIN BARRETT, in the above-
entitled matter, and for his Answer to Plaintiff's Complaint for
Dissolution of Marriage (hereinafter “Complaint”), he hereby avers as
follows:
1 Defendant admits Paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, and 14
of Plaintiff's Complaint.
Further answering, Defendant denies each and every other
allegation contained in Plaintiffs Complaint except those
allegations that constitute admissions against Plaintiff's interests.
WHEREFORE, having fully responded to the Plaintiff's Complaint for
Dissolution of Marriage, Defendant respectfully requests that the Court
dismiss Plaintiff's Complaint, order the relief requested in Defendant's
Counterclaim, and for such other and further relief as the Court deems
just and equitable in the premises.
> stowiaczek | ALBERS WHELAN
THOMAS EDWIN BARRETT, Defendant
By: » SE otf
Dennis G. Whelan, #25056
SLOWIACZEK ALBERS & WHELAN PC, LLO
9290 W. Dodge Rd., #100
Omaha, Nebraska 68114
Telephone: (402) 930-1000
Email: dwhelan@saalawyers.com
Attorneys for Defendant
COUNTERCLAIM
COMES NOW Defendant, THOMAS EDWIN BARRETT, and for his
Counterclaim against the Plaintiff, he hereby states and alleges as follows:
1 Defendant resides at 7002 South 33'¢ Street, Bellevue, Sarpy
County, Nebraska 68147. Defendant has been an actual resident of
Nebraska with a bona fide intention of making this state his
permanent home for at least one (1) year prior to the filing of this
Counterclaim. Defendant is represented by the law firm of
SLOWIACZEK ALBERS & WHELAN PC, LLO, 9290 West Dodge
Road, #100, Omaha, Nebraska, 68114.
To Defendant's knowledge, Plaintiff is currently a residence of Otoe
County, Nebraska. Plaintiff has been a resident of the State of
Nebraska for at least one (1) year prior to the filing of her
Complaint
The parties were lawfully married in Glenwood, Mills County,
Iowa, on April 30, 2016.
There has been a breakdown in the parties’ relationship and their
marriage is irretrievably broken. There remains no reasonable
likelihood that the marriage can be preserved
Defendant is not a party to any other pending action for divorce,
legal separation, or dissolution of marriage either in this state or
elsewhere.
Neither of the parties is a member of the Armed Forces of the
United States of America or its allies, nor has either party been
ordered for induction into the same.
Neither party has an existing restraining order, protection order or
criminal no-contact order against the other.
No minor children will be affected by these proceedings.
During the course of the marriage, the Plaintiff and Defendant
accumulated certain items of property (real, personal and mixed)
which should be equitably divided.
10. During the course of the marriage, Plaintiff and Defendant incurred
certain debts and obligations which should be equitably divided.
11 Neither party should be awarded alimony, one from the other.
12 Each party should pay their respective attorney fees and court costs
incurred herein.
13. This matter should be heard before a District Court Judge in the
District Court of Sarpy County, Nebraska.
WHEREFORE, Defendant respectfully requests that this matter be heard
before a District Court Judge in the District Court of Otoe County,
Nebraska, for a Decree of Dissolution of Marriage to be entered dissolving
the marriage of Plaintiff and Defendant, and for the following relief:
a An equitable division of marital property (real, personal and
mixed);
b An equitable division of the debts and obligations of the parties;
No award of temporary and/or permanent alimony;
Each party pays their respective attorney fees, expert witness fees,
and costs; and
And for such other and further relief as the Court may deem just
and equitable in the premises.
DATED this 27~ day of February, 2024.
Dennis G. Whelan, #25056 (
SLOWIACZEK ALBERS & WHELAN PC, LLO
9290 W. Dodge Rd., #100
Omaha, Nebraska 68114
Telephone: (402) 930-1000
Email: dwhelan@saalawyers.com
Attorneys for Defendant
Certificate of Service
| hereby certify thaton Tuesday, February 27, 2024 | provided a true and correct copy of the
Answer & Counterclaim to the following:
Barrett,Melissa,Marie represented by Pro Se Party (Bar Number: 2) service method: Email
Signature: /s/ Dennis G. Whelan (Bar Number: 25056)
Preview
Filed in Otoe District Court ** EFILED ** Case Number: D11C1240000021 Transaction ID: 0021225542 Filing Date: 02/27/2024 11:32:10 AM CST IN THE DISTRICT COURT OF OTOE COUNTY, NEBRASKA MELISSA MARIE BARRETT, Case Cl] 24-21 Plaintiff, ANSWER AND vs. COUNTERCLAIM THOMAS EDWIN BARRETT, Defendant. COMES NOW Defendant, THOMAS EDWIN BARRETT, in the above- entitled matter, and for his Answer to Plaintiff's Complaint for Dissolution of Marriage (hereinafter “Complaint”), he hereby avers as follows: 1 Defendant admits Paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, and 14 of Plaintiff's Complaint. Further answering, Defendant denies each and every other allegation contained in Plaintiffs Complaint except those allegations that constitute admissions against Plaintiff's interests. WHEREFORE, having fully responded to the Plaintiff's Complaint for Dissolution of Marriage, Defendant respectfully requests that the Court dismiss Plaintiff's Complaint, order the relief requested in Defendant's Counterclaim, and for such other and further relief as the Court deems just and equitable in the premises. > stowiaczek | ALBERS WHELAN THOMAS EDWIN BARRETT, Defendant By: » SE otf Dennis G. Whelan, #25056 SLOWIACZEK ALBERS & WHELAN PC, LLO 9290 W. Dodge Rd., #100 Omaha, Nebraska 68114 Telephone: (402) 930-1000 Email: dwhelan@saalawyers.com Attorneys for Defendant COUNTERCLAIM COMES NOW Defendant, THOMAS EDWIN BARRETT, and for his Counterclaim against the Plaintiff, he hereby states and alleges as follows: 1 Defendant resides at 7002 South 33'¢ Street, Bellevue, Sarpy County, Nebraska 68147. Defendant has been an actual resident of Nebraska with a bona fide intention of making this state his permanent home for at least one (1) year prior to the filing of this Counterclaim. Defendant is represented by the law firm of SLOWIACZEK ALBERS & WHELAN PC, LLO, 9290 West Dodge Road, #100, Omaha, Nebraska, 68114. To Defendant's knowledge, Plaintiff is currently a residence of Otoe County, Nebraska. Plaintiff has been a resident of the State of Nebraska for at least one (1) year prior to the filing of her Complaint The parties were lawfully married in Glenwood, Mills County, Iowa, on April 30, 2016. There has been a breakdown in the parties’ relationship and their marriage is irretrievably broken. There remains no reasonable likelihood that the marriage can be preserved Defendant is not a party to any other pending action for divorce, legal separation, or dissolution of marriage either in this state or elsewhere. Neither of the parties is a member of the Armed Forces of the United States of America or its allies, nor has either party been ordered for induction into the same. Neither party has an existing restraining order, protection order or criminal no-contact order against the other. No minor children will be affected by these proceedings. During the course of the marriage, the Plaintiff and Defendant accumulated certain items of property (real, personal and mixed) which should be equitably divided. 10. During the course of the marriage, Plaintiff and Defendant incurred certain debts and obligations which should be equitably divided. 11 Neither party should be awarded alimony, one from the other. 12 Each party should pay their respective attorney fees and court costs incurred herein. 13. This matter should be heard before a District Court Judge in the District Court of Sarpy County, Nebraska. WHEREFORE, Defendant respectfully requests that this matter be heard before a District Court Judge in the District Court of Otoe County, Nebraska, for a Decree of Dissolution of Marriage to be entered dissolving the marriage of Plaintiff and Defendant, and for the following relief: a An equitable division of marital property (real, personal and mixed); b An equitable division of the debts and obligations of the parties; No award of temporary and/or permanent alimony; Each party pays their respective attorney fees, expert witness fees, and costs; and And for such other and further relief as the Court may deem just and equitable in the premises. DATED this 27~ day of February, 2024. Dennis G. Whelan, #25056 ( SLOWIACZEK ALBERS & WHELAN PC, LLO 9290 W. Dodge Rd., #100 Omaha, Nebraska 68114 Telephone: (402) 930-1000 Email: dwhelan@saalawyers.com Attorneys for Defendant Certificate of Service | hereby certify thaton Tuesday, February 27, 2024 | provided a true and correct copy of the Answer & Counterclaim to the following: Barrett,Melissa,Marie represented by Pro Se Party (Bar Number: 2) service method: Email Signature: /s/ Dennis G. Whelan (Bar Number: 25056)