On December 01, 2016 a
Complaint,Petition
was filed
involving a dispute between
Powell, Patsy Smith,
and
Powell, Jerry Tom,
for Divorce - No Children
in the District Court of Smith County.
Preview
Electronically Filed
1/6/2017 2:24:08 PM
Lois Rogers, Smith County District Clerk
Reviewed By: J ennifer Black
NO. 16-2433-D
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
PATSY SMITH POWELL § 321ST JUDICIAL DISTRICT
AND
JERRY TOM POWELL § SMITH COUNTY, TEXAS
ORIGINAL COUNTERPETITION FOR DIVORCE
Discovery Level
Discovery in this case is intended to be conducted under level 1 of rule 190 of the Texas
Rules of Civil Procedure. No children are involved in this divorce case, and the value of the
marital estate is more than zero but not more than $50,000.
2. Parties
This suit is brought by Jerry Tom Powell, Counterpetitioner.
PATSY SMITH POWELL is Counterrespondent.
Domicile
Counterpetitioner has been a domiciliary of Texas for the preceding six-month period and
a resident of this county for the preceding ninety-day period.
4. Service
Service of this document may be had in accordance with Rule 21a, Texas Rules of Civil
Procedure, by serving Counterrespondent's attorney of record, TJ. Baynham, Jr., 100 E.
Ferguson, #912, Tyler, Texas 75702.
5 Protective Order Statement
No protective order under title 4 of the Texas Family Code is in effect, and no application
for a protective order is pending with regard to the parties to this suit.
6. Dates of Marriage and Separation
a = me ae == —
J/Divorce/Powell.Jerry ~ Original Counter-Petition for Divorce Page 1
The parties were married on or about January 1979 and ceased to live together as a
married couple on or about November 30, 2016.
7. Grounds for Divorce
The marriage has become insupportable because of discord or conflict of personalities
between Counterpetitioner and Counterrespondent that destroys the legitimate ends of the
marriage relationship and prevents any reasonable expectation of reconciliation.
8 Child of the Marriage
There is no child born or adopted of this marriage, and none is expected.
Division of Community Property
Counterpetitioner requests the Court to divide the estate of Counterpetitioner and
Counterrespondent in a manner that the Court deems just and right, as provided by law.
10. Reimbursement Claim
Iin connection with the Court’s division of the estate of the parties. Petitioner will show
that community property has been used during the marriage to benefit and enhance the property
claimed by PATSY SMITH POWELL as separate property for which Counterpetitioner requests
reimbursement to the community estate. Specifically, the community estate has expended funds
to make improvements to land claimed by Patsy Smith Powell to be her separate property.
11. Attorney's Fees, Expenses, Costs, and Interest
It was necessary for Counterpetitioner to secure the services of Kenneth E. Raney, a
licensed attorney, to prepare and prosecute this suit. To effect an equitable division of the estate
of the parties and as a part of the division, judgment for attorney's fees, expenses, and costs
through trial and appeal should be granted against Counterrespondent and in favor of
Counterpetitioner for the use and benefit of Counterpetitioner's attorney; or, in the alternative,
utes we: ese r= ——
J/Divorce/Powell.Jerry — Original Counter-Petition for Divorce Page 2
Counterpetitioner requests that reasonable attorney's fees, expenses, and costs through trial and
appeal be taxed as costs and be ordered paid directly to Counterpetitioner's attorney, who may
enforce the order in the attorney's own name. Counterpetitioner requests postjudgment interest
as allowed by law.
12. Prayer
Counterpetitioner prays that citation and notice issue as required by law and that the
Court grant a divorce and all other relief requested in this counterpetition.
Counterpetitioner prays for attorney's fees, expenses, costs, and interest as requested
above.
Counterpetitioner prays for general relief.
Respectfully submitted,
KENNETH RANEY
1902 Sybil Lane
TYLER, TX 75703
Tel: (903) 561-8456
Fax: (903) 561-7692
State Bar No. 16541550
kraney@tyler.net
Attorney for Counterpetitioner
eee sora: — re
J/Divorce/Powell.Jerry — Original Counter-Petition for Divorce Page 3
Certificate of Service
I certify that a true copy of the above was served on each attorney of record or party in
accordance with the Texas Rules of Civil Procedure on January 6, 2017
Be btsjn
K thé coe Wess Gusting
Kenneth E. Raney
Attorney for ane petitioner
(a = Sa a ee
JDivorce/Powell.Jerry — Original Counter-Petition for Divorce
Page 4
Document Filed Date
January 06, 2017
Case Filing Date
December 01, 2016
Category
Divorce - No Children
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Electronically Filed 1/6/2017 2:24:08 PM Lois Rogers, Smith County District Clerk Reviewed By: J ennifer Black NO. 16-2433-D IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § PATSY SMITH POWELL § 321ST JUDICIAL DISTRICT AND JERRY TOM POWELL § SMITH COUNTY, TEXAS ORIGINAL COUNTERPETITION FOR DIVORCE Discovery Level Discovery in this case is intended to be conducted under level 1 of rule 190 of the Texas Rules of Civil Procedure. No children are involved in this divorce case, and the value of the marital estate is more than zero but not more than $50,000. 2. Parties This suit is brought by Jerry Tom Powell, Counterpetitioner. PATSY SMITH POWELL is Counterrespondent. Domicile Counterpetitioner has been a domiciliary of Texas for the preceding six-month period and a resident of this county for the preceding ninety-day period. 4. Service Service of this document may be had in accordance with Rule 21a, Texas Rules of Civil Procedure, by serving Counterrespondent's attorney of record, TJ. Baynham, Jr., 100 E. Ferguson, #912, Tyler, Texas 75702. 5 Protective Order Statement No protective order under title 4 of the Texas Family Code is in effect, and no application for a protective order is pending with regard to the parties to this suit. 6. Dates of Marriage and Separation a = me ae == — J/Divorce/Powell.Jerry ~ Original Counter-Petition for Divorce Page 1 The parties were married on or about January 1979 and ceased to live together as a married couple on or about November 30, 2016. 7. Grounds for Divorce The marriage has become insupportable because of discord or conflict of personalities between Counterpetitioner and Counterrespondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation. 8 Child of the Marriage There is no child born or adopted of this marriage, and none is expected. Division of Community Property Counterpetitioner requests the Court to divide the estate of Counterpetitioner and Counterrespondent in a manner that the Court deems just and right, as provided by law. 10. Reimbursement Claim Iin connection with the Court’s division of the estate of the parties. Petitioner will show that community property has been used during the marriage to benefit and enhance the property claimed by PATSY SMITH POWELL as separate property for which Counterpetitioner requests reimbursement to the community estate. Specifically, the community estate has expended funds to make improvements to land claimed by Patsy Smith Powell to be her separate property. 11. Attorney's Fees, Expenses, Costs, and Interest It was necessary for Counterpetitioner to secure the services of Kenneth E. Raney, a licensed attorney, to prepare and prosecute this suit. To effect an equitable division of the estate of the parties and as a part of the division, judgment for attorney's fees, expenses, and costs through trial and appeal should be granted against Counterrespondent and in favor of Counterpetitioner for the use and benefit of Counterpetitioner's attorney; or, in the alternative, utes we: ese r= —— J/Divorce/Powell.Jerry — Original Counter-Petition for Divorce Page 2 Counterpetitioner requests that reasonable attorney's fees, expenses, and costs through trial and appeal be taxed as costs and be ordered paid directly to Counterpetitioner's attorney, who may enforce the order in the attorney's own name. Counterpetitioner requests postjudgment interest as allowed by law. 12. Prayer Counterpetitioner prays that citation and notice issue as required by law and that the Court grant a divorce and all other relief requested in this counterpetition. Counterpetitioner prays for attorney's fees, expenses, costs, and interest as requested above. Counterpetitioner prays for general relief. Respectfully submitted, KENNETH RANEY 1902 Sybil Lane TYLER, TX 75703 Tel: (903) 561-8456 Fax: (903) 561-7692 State Bar No. 16541550 kraney@tyler.net Attorney for Counterpetitioner eee sora: — re J/Divorce/Powell.Jerry — Original Counter-Petition for Divorce Page 3 Certificate of Service I certify that a true copy of the above was served on each attorney of record or party in accordance with the Texas Rules of Civil Procedure on January 6, 2017 Be btsjn K thé coe Wess Gusting Kenneth E. Raney Attorney for ane petitioner (a = Sa a ee JDivorce/Powell.Jerry — Original Counter-Petition for Divorce Page 4