Preview
Electronically Filed
Filed
8/16/2017 4:20 PM
Lois Rogers,
Rogers, Smith County District Clerk
Reviewed By:
By: Lana Fields
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
NO. 17-1304-D
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
PAIGE LAREN KINCAIDE g 3215‘ JUDICIAL DISTRICT
2:1130THY KINCAIDE E SMITH COUNTY, TEXAS
MOTION TO ENTER JUDGMENT
COMES NOW, PAIGE LAREN KINCAIDE, and files this her respectful request of the
Court to enter the attached Final Decree of Divorce, upon notice and hearing.
Law Offices of Samuel M. George
400 Troup Road
Tyler, Texas 75701
(903) 595-6000
Fax: (903) 595-6066
ByWflx
SAMUEL M. GEORGETSTKTE BAR CARD
NUMBER 07806700
ATTORNEY FOR PAIGE LAREN KINCAIDE
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing pleading was
forwarded to Timothy Kincaide, 2729 New Copela Road, Tyler, Texas 75701, in accordance
with the Texas Rules of Civil
flflflé
Procedure on this the
SAMUEL M.
PAIGE LAREN
day of August,
GEO‘RGEfKTTORNEY
KINCAIDE
,2
2017.
FOR
Cause Number l7-I304—D,‘ ITMOTMO Kincaide
MOTION TO ENTER JUDGMENT. ..............................
Page 1
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
NO. 17-1304-D
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
§
PAIGE LAREN KINCAIDE § 3213t JUDICIAL DISTRICT '
AND §
TIMOTHY KINCAIDE § SMITH COUNTY, TEXAS
AGREED FINAL DECREE OF DIVORCE
On Tuesday, June 27, 2017, this matter came on for hearing for temporary orders, and the
parties announced that a full and final agreement had been reached with ‘regard to all issues in
this case, and the parties proceeded to stipulate their agreement into the record, which the Court
heard and approved after sworn testimony of the parties stating that the stipulation was their
agreement, and accordingly the Court announced that it would enter a Decree of Divorce after
the expiration of 60 days from the date of filing of this cause.
Appearances
Petitioner, PAIGE LAREN KIN CAIDE, appeared in person and through attorney of
record, SAMUEL M. GEORGE, and announced ready for trial.
Respondent, TIMOTHY KINCAIDE, appeared in person pro sc and announced ready for
trial.
Record
The record of testimony was duly reported by KRISTY CRAWFORD, the court reporter
for the 3215t Judicial District Court.
Jurisdiction and Domicile
The Court finds that the pleadings of Petitioner are in due form and contain all the
Cause no. 17-1304-D; ITMOTMO‘Kincaide
Agreed Final Decree of Divorce — PAGE 1
allegations, information, and prerequisites required by law. The Court, after receiving evidence,
finds that ithas jurisdiction of this case and of all the parties and that at least sixty days have
elapsed since the date the suit was filed.
V
The Court further finds that, at the time this suit was filed, Petitioner had been a
domiciliary of Texas for the preceding six—month period and a resident of the county in which
this suit was filed for the preceding ninety—day period. All persons entitled to citation were
properly cited.
Jury
No jury being requested, any questions of fact and of law were submitted to the Court.
Divorce
IT IS ORDERED AND DECREED that PAIGE LAREN KINCAIDE, Petitioner, and
TIMOTHY KINCAIDE, Respondent, are divorced and that the marriage between them is
dissolved on the ground of insupportability.
Child of the Marriage
The Court finds that there is no child of the marriage of Petitioner and Respondent and
’
that none is expected.
Division 01 Marital Estate
The Court finds that the stipulation of the parties constitutes a just and right division of
the.party’s marital estate.
Progerfl t0 Petitioner
P-1. All personal property of every kind, character and type in the possession of
PAIGE KIN CAIDE or subject to her sole control.
P-Z. The joint bank account of the parties and the balance thereof as of June 27, 2017.
Cause no. 17-1304—D; ITMOTMO Kincaide
Agreed Final Decree of Divorce — PAGE 2
P—3. The garage door opener.
mgerly lo Resgondent
R-l. All personal property of every kind, character and type in the possession of
TMOTHY KINCAID or subject to his sole control, save and except the garage door opener
awarded to Petitioner hereinabove, as well as the joint bank account awarded to Petitioner
hereinabove.
Division ofDebt
Debts to Petitm
IT IS ORDERED AND DECREED that Petitioner, PAIGE LAREN KINCAIDE, shall
pay, as a part of the division of the estate of the parties, and shall' indemnify and hold
Respondent, TIMOTHY KINCAIDE, and his property harmless from any failure to so discharge,
these items:
1. All debts, charges, and liabilities, and other obligations incurred solely by PAIGE
LAREN KINCAIDE.
Debts to Respondent
IT IS ORDERED AND DECREED that Respondent, TIMOTHY KINCAIDE, shall pay,
as a part of the division of the estate of the parties, and shall indemnify and hold Petitioner,
PAIGE LAREN KINCAIDE, and her property harmless from any failure to so discharge, these
items:
1. A11 debts, charges, and liabilities, and other obligations incurred solely by
TIMOTHY KINCAIDE.
Income taxes
IT IS ORDERED AND DECREED, pursuant to the stipulation of the parties, that each
Cause no. 17—1304—D; ITMOTMO Kincaide
Agreed Final Decree of Divorce — PAGE 3
party shall file a single/separate tax return for the calendar year 2017 as if the parties were
divorced on or before December 31, 2016. Each party shall be liable for the tax liability of each
party respectively, and each party shall be entitled to claim 100% of any withholdings or
prepayments made individually by a party. Each party partitions to the other party all income
earned by a party as that party’s sole and separate property at any time earned prior to the
divorce of the parties during the calendar 2017.
Transfer and Delivery ofPropertv
Each party is ORDERED to execute, have acknowledged, and delivéred to the other party
all instruments and document necessary to effect the partition of personal property made herein,
if necessary. The Court specifically reserves the right to enter further orders by way of
enforcement and clarification pursuant to Chapter 0 of the Texas Family Code.
mm
IT IS ORDERED AND DECREED that each party shall send to the other party, within
thrge days of its receipt, a copy of any correspondence from a creditdr or taxing authority
concerning any potential liability of the other party.
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, expenses, and costs incurred as
a result of legal representation in this case.
Change at Petitioner’s Name
I
IT IS ORDERED AND DECREED that PAIGE LAREN KINCAIDE'S name is changed
to PAIGE LAREN BEDGOOD.
Cause no. 17-1304—D; ITMOTMO Kincaidc
Agreed Final Decree of Divorce — PAGE 4
Qourt Costs
IT IS ORDERED AND DECREED that costs of court are to be borne by the party who
incurred them.
Discharge from Discovery Retention Requirement
IT IS ORDERED AND DECREED that the parties and their respective attorneys are
disbharged from the requirement of keeping and storing the documents produced in this case in
accordance with rule 191 .4(d) of the Texas Rules of Civil Procedure.
Decree Acknowledgment
Petitioner, PAIGE LAREN KINCAIDE, and Respondent, TIMOTHY KINCAIDE, each
acknowledge that before signing this Final Decree of Divorce they have read this Final Decree of
Divorce fully and completely, have had the opporfufiity to ask any questions regarding the same,
and fully understand that the contents of this Fina] Decree of Divorce-constitute a full and
complete resolution of this case. Petitioner and Respondent acknowledge that they have
voluntarily affixed their signatures to this Final Decree of Divorce, believing this agreement to
be a just and right division of the marital debt and assets, and state that they have not signed by
virtue of any coercion, any duress, or any agreement other than those specifically set forth in this
Final Decree ofDivorce.
Indemnification
Each party represents and warrants that he or she has not incurred any outstanding debt,
obligation, or other liability on which the other party is or may be liable, other than those
described in this decree. Each party agrees and IT IS ORDERED that if any claim, action, or
proceeding is hereafter initiated seeking to hold the party not assuming a debt, an obligation, a
liability, an act, or an omission of the other party liable for such debt, obligation, liability,act or
Cause no. 17—1304-D; ITMOTMO Kincaide
Agreed Final Decree of Divorce — PAGE 5
omission of the other party, that other party will, at that other party's sole expense, defend the
party not assuming the debt, obligation, liability, act, or omission of the other party against any
such claim or demand, whether or not well founded, and will indemnify the party not assuming
the debt, obligation, liability, act, or omission of the other party and hold him or her harmless
from all damages resulting from the claim or demand.
Damages, as used in this provision, includes any reasonable loss, cost, expense, penalty,
and other damage, including without limitation attorney's fees and other costs and expenses
reasonably and necessarily incurred in enforcing this indemnity.
IT IS ORDERED that the indemnifying party will reimburse the indemnified party, on
demand, for any payment made by the indemnified party at any time after the entry of the
divorce decree to satisfy any judgment of any court of competent jurisdiction or in accordance
with a bona fide compromise or settlement of claims, demands, or actions for any damages to
which this indemnity relates.
The parties agree and IT IS ORDERED that each party will give the other party prompt
written notice of any litigation threatened or instituted against either party that might constitute
the‘basis of a claim for indemnity under this decree,
Clarifying Orders
Without affecting the finality of this Final Decree of Divorce, this Court expressly
reserves the right to make orders necessary to clarify and enforce this dccrelc.
Rel ief Not Granted
IT IS ORDERED AND DECREED that all relief requested in this case and not expressly
granted is denied, This is a final judgment, for which let execution and all writs and processes
necessary to enforce this judgment issue. This judgment finally disposes of all claims and all
Cause no. 17—1304—D; ITMOTMO Kincaide
Agreed Final Decree of Divorce ~ PAGE 6
parties and is appealable.
Date qudgment
Signed on this the day of _____, 2017.
JUDGE PRESIDING
PREPARED IN THE LAW OFFICES OF:
SAMUEL M GEORGE LAW OFFICE
400 Troup Road
Tyler, TX 75701
Tel: (903) 595—6000
Fax: (903) 595—6066
By:
SAMUEL M. GEORGE
Attorney for Petitioner
State Bar No. 07806700
tcooper@suddenlinkmail.com
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE:
PAIGE LAREN KINCAIDE, Petitioner
TIMOTHY KINCAIDE, Respondent
Cause no. 17—1304~D; ITMOTMO Kincaide
Agreed Final Decree ofDivorce — PAGE 7
Preview
Electronically Filed Filed 8/16/2017 4:20 PM Lois Rogers, Rogers, Smith County District Clerk Reviewed By: By: Lana Fields NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA NO. 17-1304-D IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § PAIGE LAREN KINCAIDE g 3215‘ JUDICIAL DISTRICT 2:1130THY KINCAIDE E SMITH COUNTY, TEXAS MOTION TO ENTER JUDGMENT COMES NOW, PAIGE LAREN KINCAIDE, and files this her respectful request of the Court to enter the attached Final Decree of Divorce, upon notice and hearing. Law Offices of Samuel M. George 400 Troup Road Tyler, Texas 75701 (903) 595-6000 Fax: (903) 595-6066 ByWflx SAMUEL M. GEORGETSTKTE BAR CARD NUMBER 07806700 ATTORNEY FOR PAIGE LAREN KINCAIDE CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing pleading was forwarded to Timothy Kincaide, 2729 New Copela Road, Tyler, Texas 75701, in accordance with the Texas Rules of Civil flflflé Procedure on this the SAMUEL M. PAIGE LAREN day of August, GEO‘RGEfKTTORNEY KINCAIDE ,2 2017. FOR Cause Number l7-I304—D,‘ ITMOTMO Kincaide MOTION TO ENTER JUDGMENT. .............................. Page 1 NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA NO. 17-1304-D IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § PAIGE LAREN KINCAIDE § 3213t JUDICIAL DISTRICT ' AND § TIMOTHY KINCAIDE § SMITH COUNTY, TEXAS AGREED FINAL DECREE OF DIVORCE On Tuesday, June 27, 2017, this matter came on for hearing for temporary orders, and the parties announced that a full and final agreement had been reached with ‘regard to all issues in this case, and the parties proceeded to stipulate their agreement into the record, which the Court heard and approved after sworn testimony of the parties stating that the stipulation was their agreement, and accordingly the Court announced that it would enter a Decree of Divorce after the expiration of 60 days from the date of filing of this cause. Appearances Petitioner, PAIGE LAREN KIN CAIDE, appeared in person and through attorney of record, SAMUEL M. GEORGE, and announced ready for trial. Respondent, TIMOTHY KINCAIDE, appeared in person pro sc and announced ready for trial. Record The record of testimony was duly reported by KRISTY CRAWFORD, the court reporter for the 3215t Judicial District Court. Jurisdiction and Domicile The Court finds that the pleadings of Petitioner are in due form and contain all the Cause no. 17-1304-D; ITMOTMO‘Kincaide Agreed Final Decree of Divorce — PAGE 1 allegations, information, and prerequisites required by law. The Court, after receiving evidence, finds that ithas jurisdiction of this case and of all the parties and that at least sixty days have elapsed since the date the suit was filed. V The Court further finds that, at the time this suit was filed, Petitioner had been a domiciliary of Texas for the preceding six—month period and a resident of the county in which this suit was filed for the preceding ninety—day period. All persons entitled to citation were properly cited. Jury No jury being requested, any questions of fact and of law were submitted to the Court. Divorce IT IS ORDERED AND DECREED that PAIGE LAREN KINCAIDE, Petitioner, and TIMOTHY KINCAIDE, Respondent, are divorced and that the marriage between them is dissolved on the ground of insupportability. Child of the Marriage The Court finds that there is no child of the marriage of Petitioner and Respondent and ’ that none is expected. Division 01 Marital Estate The Court finds that the stipulation of the parties constitutes a just and right division of the.party’s marital estate. Progerfl t0 Petitioner P-1. All personal property of every kind, character and type in the possession of PAIGE KIN CAIDE or subject to her sole control. P-Z. The joint bank account of the parties and the balance thereof as of June 27, 2017. Cause no. 17-1304—D; ITMOTMO Kincaide Agreed Final Decree of Divorce — PAGE 2 P—3. The garage door opener. mgerly lo Resgondent R-l. All personal property of every kind, character and type in the possession of TMOTHY KINCAID or subject to his sole control, save and except the garage door opener awarded to Petitioner hereinabove, as well as the joint bank account awarded to Petitioner hereinabove. Division ofDebt Debts to Petitm IT IS ORDERED AND DECREED that Petitioner, PAIGE LAREN KINCAIDE, shall pay, as a part of the division of the estate of the parties, and shall' indemnify and hold Respondent, TIMOTHY KINCAIDE, and his property harmless from any failure to so discharge, these items: 1. All debts, charges, and liabilities, and other obligations incurred solely by PAIGE LAREN KINCAIDE. Debts to Respondent IT IS ORDERED AND DECREED that Respondent, TIMOTHY KINCAIDE, shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold Petitioner, PAIGE LAREN KINCAIDE, and her property harmless from any failure to so discharge, these items: 1. A11 debts, charges, and liabilities, and other obligations incurred solely by TIMOTHY KINCAIDE. Income taxes IT IS ORDERED AND DECREED, pursuant to the stipulation of the parties, that each Cause no. 17—1304—D; ITMOTMO Kincaide Agreed Final Decree of Divorce — PAGE 3 party shall file a single/separate tax return for the calendar year 2017 as if the parties were divorced on or before December 31, 2016. Each party shall be liable for the tax liability of each party respectively, and each party shall be entitled to claim 100% of any withholdings or prepayments made individually by a party. Each party partitions to the other party all income earned by a party as that party’s sole and separate property at any time earned prior to the divorce of the parties during the calendar 2017. Transfer and Delivery ofPropertv Each party is ORDERED to execute, have acknowledged, and delivéred to the other party all instruments and document necessary to effect the partition of personal property made herein, if necessary. The Court specifically reserves the right to enter further orders by way of enforcement and clarification pursuant to Chapter 0 of the Texas Family Code. mm IT IS ORDERED AND DECREED that each party shall send to the other party, within thrge days of its receipt, a copy of any correspondence from a creditdr or taxing authority concerning any potential liability of the other party. 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, expenses, and costs incurred as a result of legal representation in this case. Change at Petitioner’s Name I IT IS ORDERED AND DECREED that PAIGE LAREN KINCAIDE'S name is changed to PAIGE LAREN BEDGOOD. Cause no. 17-1304—D; ITMOTMO Kincaidc Agreed Final Decree of Divorce — PAGE 4 Qourt Costs IT IS ORDERED AND DECREED that costs of court are to be borne by the party who incurred them. Discharge from Discovery Retention Requirement IT IS ORDERED AND DECREED that the parties and their respective attorneys are disbharged from the requirement of keeping and storing the documents produced in this case in accordance with rule 191 .4(d) of the Texas Rules of Civil Procedure. Decree Acknowledgment Petitioner, PAIGE LAREN KINCAIDE, and Respondent, TIMOTHY KINCAIDE, each acknowledge that before signing this Final Decree of Divorce they have read this Final Decree of Divorce fully and completely, have had the opporfufiity to ask any questions regarding the same, and fully understand that the contents of this Fina] Decree of Divorce-constitute a full and complete resolution of this case. Petitioner and Respondent acknowledge that they have voluntarily affixed their signatures to this Final Decree of Divorce, believing this agreement to be a just and right division of the marital debt and assets, and state that they have not signed by virtue of any coercion, any duress, or any agreement other than those specifically set forth in this Final Decree ofDivorce. Indemnification Each party represents and warrants that he or she has not incurred any outstanding debt, obligation, or other liability on which the other party is or may be liable, other than those described in this decree. Each party agrees and IT IS ORDERED that if any claim, action, or proceeding is hereafter initiated seeking to hold the party not assuming a debt, an obligation, a liability, an act, or an omission of the other party liable for such debt, obligation, liability,act or Cause no. 17—1304-D; ITMOTMO Kincaide Agreed Final Decree of Divorce — PAGE 5 omission of the other party, that other party will, at that other party's sole expense, defend the party not assuming the debt, obligation, liability, act, or omission of the other party against any such claim or demand, whether or not well founded, and will indemnify the party not assuming the debt, obligation, liability, act, or omission of the other party and hold him or her harmless from all damages resulting from the claim or demand. Damages, as used in this provision, includes any reasonable loss, cost, expense, penalty, and other damage, including without limitation attorney's fees and other costs and expenses reasonably and necessarily incurred in enforcing this indemnity. IT IS ORDERED that the indemnifying party will reimburse the indemnified party, on demand, for any payment made by the indemnified party at any time after the entry of the divorce decree to satisfy any judgment of any court of competent jurisdiction or in accordance with a bona fide compromise or settlement of claims, demands, or actions for any damages to which this indemnity relates. The parties agree and IT IS ORDERED that each party will give the other party prompt written notice of any litigation threatened or instituted against either party that might constitute the‘basis of a claim for indemnity under this decree, Clarifying Orders Without affecting the finality of this Final Decree of Divorce, this Court expressly reserves the right to make orders necessary to clarify and enforce this dccrelc. Rel ief Not Granted IT IS ORDERED AND DECREED that all relief requested in this case and not expressly granted is denied, This is a final judgment, for which let execution and all writs and processes necessary to enforce this judgment issue. This judgment finally disposes of all claims and all Cause no. 17—1304—D; ITMOTMO Kincaide Agreed Final Decree of Divorce ~ PAGE 6 parties and is appealable. Date qudgment Signed on this the day of _____, 2017. JUDGE PRESIDING PREPARED IN THE LAW OFFICES OF: SAMUEL M GEORGE LAW OFFICE 400 Troup Road Tyler, TX 75701 Tel: (903) 595—6000 Fax: (903) 595—6066 By: SAMUEL M. GEORGE Attorney for Petitioner State Bar No. 07806700 tcooper@suddenlinkmail.com APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE: PAIGE LAREN KINCAIDE, Petitioner TIMOTHY KINCAIDE, Respondent Cause no. 17—1304~D; ITMOTMO Kincaide Agreed Final Decree ofDivorce — PAGE 7