On December 28, 2018 a
Original Petition for Divorce - E-Filed Original Petition Document
was filed
involving a dispute between
Shoemaker, Phillip Eugene,
and
Shoemaker, Kathy Sue,
for Divorce - No Children
in the District Court of Montgomery County.
Preview
Received and E-Filed for Record
12/28/2018 3:52 PM
Barbara Gladden Adamick
District Clerk
Montgomery County, Texas
CAUSE N0.‘ 18-12-17031
.,IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE or:
' I
§Montgomery County - 418th Judicial District Court
.
§
PHILLIP EUGENE SHOEMAKER § TH JUDICIAL DISTRICT
AND §
KATHY SUE SHOEMAKER § MONTGOMERY COUNTY, TEXAS
ORIGINAL PETITION FOR DIVORCE
_TO THE HONORABLE JUDGE OF SAID COURT:
Now
l
comes Phillip Shoemaker, Petitioner herein, and submits this Original Petition for
Divorce and in support would show the Court the following:
Discoveg
Discovery in this matter is intended to be conducted under a level 2 discovery control plan
pursuant to Rule 190 of the Texas Rules of Civil Procedure.
I _
Petitioner herein is Phillip Shoemaker. The last 3 digits of Petitioner’s Texas driver’s
license number are 832. The last 3 digits of Petitioner’s Social Security number are 454.
Respondent herein is Kathy Shoemaker. Citation and a true and correct copy of this Petition
should be served upon Respondent at her last known residence address, 208 Meeker Street, Fort
Morgan, Colorado 80701, or wherever else she may reasonably be found.
Jurisdiction
_
Petitioner has been domiciled in the State of Texas for the preceding 6-month period and a
resident of Montgomery County for the preceding 90-day period.
Original Petitionfor Divorce
IMMO Shoemaker/Cause No.
Page 1 of 3
Protective Order
No protective order under Texas Family Code title 4, protective order under Texas Code
of Criminal Procedure chapter 7A, or magistrate’s order for emergency protection under Texas
Code of Criminal Procedure article 17.292 is in effect regarding a party to the suit or a child of a
party to the suit, and no application for a protective order or magistrate’s order for emergency
protection ispending.
Dates of Marriage and Separation
The parties were married on or about July 30, 2003 and ceased to live together as husband
and wife on or about August 1, 2003.
Children
There were no children born or adopted during the marriage, and Respondent is not
expecting a child at this time.
Grounds for Divorce
The marriage has become insupportable clue to a conflict or discord of personalities that
destroys the legitimate ends of the marriage relationship, with no reasonable hope of reconciliation.
Division of Community Propegtx
Petitioner asserts that, upon information and belief, Petitioner and Respondent will reach
an agreement concerning division of the community property of the parties.
In the alternative, if the parties cannot agree, Petitioner requests that the Court make a
division of the community property of the parties in a manner deemed fairand equitable and just
and right according to the circumstances of the parties.
Confirmation of Separate Propem
Petitioner owns certain separate property that is not part of the community estate of the
parties, and Petitioner requests that the Court confirm that separate property as Petitioner’s sole
and separate property.
Original Petition for Divorce
IMMO Shoemaker/Cause No.
Page 2 of 3
Reg uest for Attorney’s Fees
It was necessary for Petitioner to retain the services of Robert S. Sobel, a licensed attorney
in the State of Texas, to prepare and prosecute this suit. Judgment for reasonable attomey’s fees
and expenses through trial and appeal should be granted against Respondent and in favor of Robert
S. Sobel. The judgment, along with postjudgment interest as allowed by law, should be ordered
paid directly to Robert S. Sobel, who may enforce the judgment in his own name.
Prayer
Petitioner, Phillip Shoemaker, respectfully prays that citation and notice issue as required
_
by law and that the Court grants a divorce on the basis of Petitioner’s pleadings as stated herein.
Petitioner also requests any and all such further relief, general and specific, in law and in equity,
to which Petitioner may otherwise be justly entitled.
Respectfully submitted,
SOBEL LAW FIRM, PLLC
19747 US Highway 59, Suite 450
Humble, Texas 77338
Tel: 713.52 .5200
Robert S. be]
SBN: 18 600
Jason M. rooks
SBN: 24092177
Dae I. Kim
SBN: 24077182
Attorneys for Petitioner
Original Pctitianfor Divorce
IMMO Shoemaker/Cause No.
Page 3 of 3
Document Filed Date
December 28, 2018
Case Filing Date
December 28, 2018
Category
Divorce - No Children
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Received and E-Filed for Record 12/28/2018 3:52 PM Barbara Gladden Adamick District Clerk Montgomery County, Texas CAUSE N0.‘ 18-12-17031 .,IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE or: ' I §Montgomery County - 418th Judicial District Court . § PHILLIP EUGENE SHOEMAKER § TH JUDICIAL DISTRICT AND § KATHY SUE SHOEMAKER § MONTGOMERY COUNTY, TEXAS ORIGINAL PETITION FOR DIVORCE _TO THE HONORABLE JUDGE OF SAID COURT: Now l comes Phillip Shoemaker, Petitioner herein, and submits this Original Petition for Divorce and in support would show the Court the following: Discoveg Discovery in this matter is intended to be conducted under a level 2 discovery control plan pursuant to Rule 190 of the Texas Rules of Civil Procedure. I _ Petitioner herein is Phillip Shoemaker. The last 3 digits of Petitioner’s Texas driver’s license number are 832. The last 3 digits of Petitioner’s Social Security number are 454. Respondent herein is Kathy Shoemaker. Citation and a true and correct copy of this Petition should be served upon Respondent at her last known residence address, 208 Meeker Street, Fort Morgan, Colorado 80701, or wherever else she may reasonably be found. Jurisdiction _ Petitioner has been domiciled in the State of Texas for the preceding 6-month period and a resident of Montgomery County for the preceding 90-day period. Original Petitionfor Divorce IMMO Shoemaker/Cause No. Page 1 of 3 Protective Order No protective order under Texas Family Code title 4, protective order under Texas Code of Criminal Procedure chapter 7A, or magistrate’s order for emergency protection under Texas Code of Criminal Procedure article 17.292 is in effect regarding a party to the suit or a child of a party to the suit, and no application for a protective order or magistrate’s order for emergency protection ispending. Dates of Marriage and Separation The parties were married on or about July 30, 2003 and ceased to live together as husband and wife on or about August 1, 2003. Children There were no children born or adopted during the marriage, and Respondent is not expecting a child at this time. Grounds for Divorce The marriage has become insupportable clue to a conflict or discord of personalities that destroys the legitimate ends of the marriage relationship, with no reasonable hope of reconciliation. Division of Community Propegtx Petitioner asserts that, upon information and belief, Petitioner and Respondent will reach an agreement concerning division of the community property of the parties. In the alternative, if the parties cannot agree, Petitioner requests that the Court make a division of the community property of the parties in a manner deemed fairand equitable and just and right according to the circumstances of the parties. Confirmation of Separate Propem Petitioner owns certain separate property that is not part of the community estate of the parties, and Petitioner requests that the Court confirm that separate property as Petitioner’s sole and separate property. Original Petition for Divorce IMMO Shoemaker/Cause No. Page 2 of 3 Reg uest for Attorney’s Fees It was necessary for Petitioner to retain the services of Robert S. Sobel, a licensed attorney in the State of Texas, to prepare and prosecute this suit. Judgment for reasonable attomey’s fees and expenses through trial and appeal should be granted against Respondent and in favor of Robert S. Sobel. The judgment, along with postjudgment interest as allowed by law, should be ordered paid directly to Robert S. Sobel, who may enforce the judgment in his own name. Prayer Petitioner, Phillip Shoemaker, respectfully prays that citation and notice issue as required _ by law and that the Court grants a divorce on the basis of Petitioner’s pleadings as stated herein. Petitioner also requests any and all such further relief, general and specific, in law and in equity, to which Petitioner may otherwise be justly entitled. Respectfully submitted, SOBEL LAW FIRM, PLLC 19747 US Highway 59, Suite 450 Humble, Texas 77338 Tel: 713.52 .5200 Robert S. be] SBN: 18 600 Jason M. rooks SBN: 24092177 Dae I. Kim SBN: 24077182 Attorneys for Petitioner Original Pctitianfor Divorce IMMO Shoemaker/Cause No. Page 3 of 3