Preview
FILED
TARRANT COUNTY
2/17/2017 1:40:51 PM
233-613204-17 THOMAS A. WILDER
NO. DISTRICT CLERK
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
§
DEREK ROLLO §
AND § JUDICIAL DISTRICT
CHARITY ROLLO §
§
AND IN THE INTEREST OF §
AVERY ROLLO AND SIENNA § TARRANT COUNTY, TEXAS
ROLLO, CHILDREN §
ORIGINAL PETITION FOR DIVORCE
1. Discovery Level
Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas
Rules of Civil Procedure.
2. Parties
This suit is brought by Derek Rollo, Petitioner. The last three numbers of Derek Rol1o's
driver's license number are 476. The last three numbers of Derek Rollo‘s Social Security number
are 147.
Charity Rollo is Respondent.
3. Domicile
Petitioner has been a domiciliary of Texas for the preceding six-month period and a
resident of this county for the preceding ninety-day period.
A
4. Service
No service on Respondent is necessary at this time.
5. Protective Order Statement
No protective order under title 4 of the Texas Family Code is in effect, and no application
Original Petition for Divorce;ITMOM0 Rollo Page I of 9
for a protective order is pending with regard to the parties to this suit.
6. Dates ofMarriage and Separation
The parties were married on or about March 17, 2007 and continue to live together on the
date this petition is filed.
7. Grounds for Divorce
The marriage has become insuppoitable because of discord or conflict of personalities
between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship
and prevents any reasonable expectation of reconciliation.
8. Children of the Marriage
Petitioner and Respondent are parents of the following children of this marriage who are
not under the continuing jurisdiction of any other court:
Name: Avery Rollo
Sex: Female
Birth date: May 17, 2010
Name: Sienna Rollo
Sex: Female
Birth date: March 14, 2013
There are no court-ordered conservatorships, court-ordered guardianships, or other court-
ordered relationships affecting the children the subject of this suit.
Information required by section l54.18l(b) of the Texas Family Code will be provided in
subsequent pleadings.
No property of consequence is owned or possessed by the children the subject of this suit.‘
Petitioner and Respondent, on final hearing, should be appointed joint managing
Original Petition for Divorce;ITMOMO Rollo Page 2 of 9
conservators, with all the rights and duties of a parent conservator.
Petitioner should be designated as the conservator who has the exclusive right to
designate the primary residence of the children. The residence of the children should be
restricted to Northwest Independent School District. Respondent should be ordered to make
payments for the support of the children and to provide medical child support in the manner
specified by the Court. Petitioner requests that the payments for the support of the children
survive the death of Respondent and become the obligations of Respondent's estate.
9. Division of Comrnunity Property
Petitioner believes Petitioner and Respondent will enter into an agreement for the
division of their estate. If such an agreement is‘made, Petitioner requests the Court to approve
the agreement and divide their estate in a manner consistent with the agreement. If such an
agreement is not made, Petitioner requests the Court to divide their estate in a manner that the
Court deems just and right, as provided by law.
I 0. Request for Temporary Orders and Injunction
Petitioner requests the Court, after notice and hearing, to dispense with the issuance of a
bond, to make temporary orders and issue any appropriate temporary injunctions for the
preservation of the property and protection of the parties and for the safety and welfare of the
children of the marriage as deemed necessary and equitable. Petitioner requests that the Court
enjoin Respondent from the following:
1. Communicating in person or in any other manner, including by telephone or
another electronic voice transmission, video chat, in writing, or electronic messaging, with
Petitioner by use of vulgar, profane, obscene, or indecent language or in a coarse or offensive
manner.
Original Petition for Divorce; ITMOMO Rollo Page 3 of 9
2. Threatening Petitioner in person or in any other manner, including, by telephone
or another electronic voice transmission, video chat, in writing, or electronic messaging, to take
unlawful action against any person.
3. Placing one or more telephone calls, anonymously, at any unreasonable hour, in
an offensive and repetitious manner, or without a legitimate purpose of communication.
4. Causing bodily injury to Petitioner or to a child of either party.
5. Threatening Petitioner or a child of either party with imminent bodily injury.
6. Destroying, removing, concealing, encumbering, transferring, or otherwise
harming or reducing the value of the property of one or both of the parties.
7. Falsifying any writing or record, including an electronic record, relating to the
property of either party.
8. Misrepresenting or refusing to disclose to Petitioner or to the Court, on proper
request, the existence, amount, or location of any tangible or intellectual property of one or both
of the parties, including electronically stored or recorded information.
9. Damaging or destroying the tangible or intellectual property of one or both of the
parties, including electronically stored or recorded information.
10. Tampering with the tangible‘ or intellectual property of one or both of the parties,
including electronically stored or recorded information, causing pecuniary loss to Petitioner.
11. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner
V
alienating any of the property of Petitioner or Respondent, whether personalty, realty, or
intellectual property, and whether separate or community, except as specifically authorized by
order of this Court.
12. Incurring any indebtedness, other than legal expenses in connection vm'th this suit,
Original Petitianfor Divorce; ITMOMO Rollo Page 4 of 9
except as specifically authorized by order of this Court.
13. Making withdrawals from any checking or savings account in any financial
institution for any purpose, except as specifically authorized by order of this Court.
14. Spending any sum of cash in Respondent's possession or subject to Respondent's
control for any purpose, except as specifically authorized by order of this Court.
15. Withdrawing or borrowing in any manner for any purpose from any retirement,
profit—sharing, pension, death, or other employee benefit plan or employee savings plan or from
any individual retirement account or Keogh account, except as specifically authorized by order
of this Court.
16. Entering any safe-deposit box in the name of or subject to the control of Petitioner
or Respondent, whether individually or jointly with others.
17. Withdrawing or borrowing in any manner all or any part of the cash surrender
value of life insurance policies on the life of Petitioner or Respondent, except as specifically
authorized by order of this Court.
18. Changing or in any manner altering the beneficiary designation on any life
insurance on the life of Petitioner or Respondent or the parties‘ children.
19. Canceling, altering, failing to renew or pay premiums, or in any manner affecting
the present level of coverage of any life, casualty, automobile, or health insurance policies
insuring the parties’ property or persons including the parties’ children.
20. Opening or diverting mail or e-mail or any other electronic communication
addressed to Petitioner.
21. Signing or endorsing Petitioner's name on any negotiable instrument, check, or
draft, including tax refunds, insurance payments, and dividends, or attempting to negotiate any
Original Petition for Divorce;ITMOMO Rollo Page 5 of 9
negotiable instrument payable to Petitioner without the personal signature of Petitioner.
22. Taking any action to terminate or limit credit or charge cards in the name of
Petitioner.
23. Discontinuing or reducing the withholding for federal income taxes on
Respondent's wages or salary while this case is pending.
24. Destroying, disposing of, or altering any financial records of the parties, including
but not limited to records from financial institutions (including canceled checks and deposit
slips), all records of credit purchases or cash advances, tax returns, and financial statements.
25. Destroying, disposing of, or altering any e-mail, text message, video message, or
chat message or other electronic data or electronically stored information relevant to the subject
matters of this case, whether stored on a hard drive, in a removable storage device, in cloud
storage or in another electronic storage medium.
26. Modifying, changing, or altering the native format or metadata of any electronic
data or electronically stored information relevant to the subject matters of this case, regardless of
whether the information is stored on a hard drive, in a removable storage device, in cloud
storage, or in another electronic storage medium.
27. Deleting any data or content from any social network profile used or created by
either party including the parties‘ children.
28. Using any password or personal identification number to gain access to the other
Petitioner's e-mail account, bank account, social media account, or any other electronic account.
29. Terminating or in any manner affecting the service of water, electricity, gas,
telephone, cable television, or other contractual services, such as security, pest control,
landscaping, or yard maintenance, at 12949 Royal Ascot Drive, Fort Worth, Texas or in any
Original Petition for Divorce;ITMOMO Rollo Page 6 of 9
manner attempting to withdraw any deposits for service in connection with those services.
30. Excluding Petitioner from the use and enjoyment of the residence located at
12949 Royal Ascot Drive, Fort Worth, Texas.
31. Entering, operating, or exercising control over the vehicle in the possession of
Petitioner.
32. Disturbing the peace of the children or of another party.
33. Withdrawing the children from enrollment in the school or day—care facility where
the children are presently enrolled.
34. Hiding or secreting the children from Petitioner.
35. Making disparaging remarks regarding Petitioner or Petitioner's family in the
presence or within the hearing of the children.
Petitioner requests that Respondent be authorized only as follows:
To make‘ expenditures and incur indebtedness for reasonable and necessary living
expenses for food, clothing, shelter, transportation, and medical care.
To make expenditures and incur indebtedness for reasonable attorney's fees and expenses
in connection with this suit.
I 1. Request for Temporary Orders Regarding Children
Petitioner requests the Court, after notice and hearing, to dispense with the necessity of a
bond and to make temporary orders and issue any appropriate temporary injunctions for the
safety and welfare of the children of the marriage as deemed necessary and equitable, including
but not limited to the following:
Appointing Petitioner and Respondent temporary joint managing conservators, and
designating Petitioner as the conservator who has the exclusive right to designate the primary
Original Petition for Divorce;ITMOMO Rollo Page 7 of 9
residence of the children.
Restricting the residence of the children to Northwest Independent School District.
12. Attorney's Fees, Expenses, Costs, and Interest
It was necessary for Petitioner to secure the services of Heather Ogier, 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, and for services rendered in connection with conservatorship
and support of the children, judgment for attorney's fees, expenses, and costs through trial and
appeal should be granted against Respondent and in favor of Petitioner for the use and benefit of
Petitioner's attorney and be ordered paid directly to Petitioner's attorney, who may enforce the
judgment in the attorney's own name. Petitioner requests postjudgment interest as allowed by
law.
13. Prayer
Petitioner prays that citation and notice issue as required by law and that the Court grant a
divorce and all other relief requested in this petition.
Petitioner prays that the Court, after notice and hearing, grant a temporary injunction
enjoining Respondent, in conformity with the allegations of this petition, from the acts set forth
above while this case is pending.
Petitioner prays for attorney's fees, expenses, and costs as requested above.
Petitioner prays for general relief.
Respectfully submitted,
CORDELL & CORDELL PC
420 Throckmorton
Suite 1010
Fort Worth, Texas 76102
Tel: (817) 806-0066
Fax; (817) 887-4081
Original Petition for Divorce; ITMOMO Rollo Page 8 of 9
Hefither Ogier
State Bar No. 240449
Dena L. Wilson
State Bar No. 24047123
ftwoffice@corde111aw.com
Attorneys for Petitioner
Original Petition for Divorce;ITMOMO Rollo Page 9 of 9
Preview
FILED TARRANT COUNTY 2/17/2017 1:40:51 PM 233-613204-17 THOMAS A. WILDER NO. DISTRICT CLERK IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § DEREK ROLLO § AND § JUDICIAL DISTRICT CHARITY ROLLO § § AND IN THE INTEREST OF § AVERY ROLLO AND SIENNA § TARRANT COUNTY, TEXAS ROLLO, CHILDREN § ORIGINAL PETITION FOR DIVORCE 1. Discovery Level Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas Rules of Civil Procedure. 2. Parties This suit is brought by Derek Rollo, Petitioner. The last three numbers of Derek Rol1o's driver's license number are 476. The last three numbers of Derek Rollo‘s Social Security number are 147. Charity Rollo is Respondent. 3. Domicile Petitioner has been a domiciliary of Texas for the preceding six-month period and a resident of this county for the preceding ninety-day period. A 4. Service No service on Respondent is necessary at this time. 5. Protective Order Statement No protective order under title 4 of the Texas Family Code is in effect, and no application Original Petition for Divorce;ITMOM0 Rollo Page I of 9 for a protective order is pending with regard to the parties to this suit. 6. Dates ofMarriage and Separation The parties were married on or about March 17, 2007 and continue to live together on the date this petition is filed. 7. Grounds for Divorce The marriage has become insuppoitable because of discord or conflict of personalities between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation. 8. Children of the Marriage Petitioner and Respondent are parents of the following children of this marriage who are not under the continuing jurisdiction of any other court: Name: Avery Rollo Sex: Female Birth date: May 17, 2010 Name: Sienna Rollo Sex: Female Birth date: March 14, 2013 There are no court-ordered conservatorships, court-ordered guardianships, or other court- ordered relationships affecting the children the subject of this suit. Information required by section l54.18l(b) of the Texas Family Code will be provided in subsequent pleadings. No property of consequence is owned or possessed by the children the subject of this suit.‘ Petitioner and Respondent, on final hearing, should be appointed joint managing Original Petition for Divorce;ITMOMO Rollo Page 2 of 9 conservators, with all the rights and duties of a parent conservator. Petitioner should be designated as the conservator who has the exclusive right to designate the primary residence of the children. The residence of the children should be restricted to Northwest Independent School District. Respondent should be ordered to make payments for the support of the children and to provide medical child support in the manner specified by the Court. Petitioner requests that the payments for the support of the children survive the death of Respondent and become the obligations of Respondent's estate. 9. Division of Comrnunity Property Petitioner believes Petitioner and Respondent will enter into an agreement for the division of their estate. If such an agreement is‘made, Petitioner requests the Court to approve the agreement and divide their estate in a manner consistent with the agreement. If such an agreement is not made, Petitioner requests the Court to divide their estate in a manner that the Court deems just and right, as provided by law. I 0. Request for Temporary Orders and Injunction Petitioner requests the Court, after notice and hearing, to dispense with the issuance of a bond, to make temporary orders and issue any appropriate temporary injunctions for the preservation of the property and protection of the parties and for the safety and welfare of the children of the marriage as deemed necessary and equitable. Petitioner requests that the Court enjoin Respondent from the following: 1. Communicating in person or in any other manner, including by telephone or another electronic voice transmission, video chat, in writing, or electronic messaging, with Petitioner by use of vulgar, profane, obscene, or indecent language or in a coarse or offensive manner. Original Petition for Divorce; ITMOMO Rollo Page 3 of 9 2. Threatening Petitioner in person or in any other manner, including, by telephone or another electronic voice transmission, video chat, in writing, or electronic messaging, to take unlawful action against any person. 3. Placing one or more telephone calls, anonymously, at any unreasonable hour, in an offensive and repetitious manner, or without a legitimate purpose of communication. 4. Causing bodily injury to Petitioner or to a child of either party. 5. Threatening Petitioner or a child of either party with imminent bodily injury. 6. Destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties. 7. Falsifying any writing or record, including an electronic record, relating to the property of either party. 8. Misrepresenting or refusing to disclose to Petitioner or to the Court, on proper request, the existence, amount, or location of any tangible or intellectual property of one or both of the parties, including electronically stored or recorded information. 9. Damaging or destroying the tangible or intellectual property of one or both of the parties, including electronically stored or recorded information. 10. Tampering with the tangible‘ or intellectual property of one or both of the parties, including electronically stored or recorded information, causing pecuniary loss to Petitioner. 11. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner V alienating any of the property of Petitioner or Respondent, whether personalty, realty, or intellectual property, and whether separate or community, except as specifically authorized by order of this Court. 12. Incurring any indebtedness, other than legal expenses in connection vm'th this suit, Original Petitianfor Divorce; ITMOMO Rollo Page 4 of 9 except as specifically authorized by order of this Court. 13. Making withdrawals from any checking or savings account in any financial institution for any purpose, except as specifically authorized by order of this Court. 14. Spending any sum of cash in Respondent's possession or subject to Respondent's control for any purpose, except as specifically authorized by order of this Court. 15. Withdrawing or borrowing in any manner for any purpose from any retirement, profit—sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement account or Keogh account, except as specifically authorized by order of this Court. 16. Entering any safe-deposit box in the name of or subject to the control of Petitioner or Respondent, whether individually or jointly with others. 17. Withdrawing or borrowing in any manner all or any part of the cash surrender value of life insurance policies on the life of Petitioner or Respondent, except as specifically authorized by order of this Court. 18. Changing or in any manner altering the beneficiary designation on any life insurance on the life of Petitioner or Respondent or the parties‘ children. 19. Canceling, altering, failing to renew or pay premiums, or in any manner affecting the present level of coverage of any life, casualty, automobile, or health insurance policies insuring the parties’ property or persons including the parties’ children. 20. Opening or diverting mail or e-mail or any other electronic communication addressed to Petitioner. 21. Signing or endorsing Petitioner's name on any negotiable instrument, check, or draft, including tax refunds, insurance payments, and dividends, or attempting to negotiate any Original Petition for Divorce;ITMOMO Rollo Page 5 of 9 negotiable instrument payable to Petitioner without the personal signature of Petitioner. 22. Taking any action to terminate or limit credit or charge cards in the name of Petitioner. 23. Discontinuing or reducing the withholding for federal income taxes on Respondent's wages or salary while this case is pending. 24. Destroying, disposing of, or altering any financial records of the parties, including but not limited to records from financial institutions (including canceled checks and deposit slips), all records of credit purchases or cash advances, tax returns, and financial statements. 25. Destroying, disposing of, or altering any e-mail, text message, video message, or chat message or other electronic data or electronically stored information relevant to the subject matters of this case, whether stored on a hard drive, in a removable storage device, in cloud storage or in another electronic storage medium. 26. Modifying, changing, or altering the native format or metadata of any electronic data or electronically stored information relevant to the subject matters of this case, regardless of whether the information is stored on a hard drive, in a removable storage device, in cloud storage, or in another electronic storage medium. 27. Deleting any data or content from any social network profile used or created by either party including the parties‘ children. 28. Using any password or personal identification number to gain access to the other Petitioner's e-mail account, bank account, social media account, or any other electronic account. 29. Terminating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or other contractual services, such as security, pest control, landscaping, or yard maintenance, at 12949 Royal Ascot Drive, Fort Worth, Texas or in any Original Petition for Divorce;ITMOMO Rollo Page 6 of 9 manner attempting to withdraw any deposits for service in connection with those services. 30. Excluding Petitioner from the use and enjoyment of the residence located at 12949 Royal Ascot Drive, Fort Worth, Texas. 31. Entering, operating, or exercising control over the vehicle in the possession of Petitioner. 32. Disturbing the peace of the children or of another party. 33. Withdrawing the children from enrollment in the school or day—care facility where the children are presently enrolled. 34. Hiding or secreting the children from Petitioner. 35. Making disparaging remarks regarding Petitioner or Petitioner's family in the presence or within the hearing of the children. Petitioner requests that Respondent be authorized only as follows: To make‘ expenditures and incur indebtedness for reasonable and necessary living expenses for food, clothing, shelter, transportation, and medical care. To make expenditures and incur indebtedness for reasonable attorney's fees and expenses in connection with this suit. I 1. Request for Temporary Orders Regarding Children Petitioner requests the Court, after notice and hearing, to dispense with the necessity of a bond and to make temporary orders and issue any appropriate temporary injunctions for the safety and welfare of the children of the marriage as deemed necessary and equitable, including but not limited to the following: Appointing Petitioner and Respondent temporary joint managing conservators, and designating Petitioner as the conservator who has the exclusive right to designate the primary Original Petition for Divorce;ITMOMO Rollo Page 7 of 9 residence of the children. Restricting the residence of the children to Northwest Independent School District. 12. Attorney's Fees, Expenses, Costs, and Interest It was necessary for Petitioner to secure the services of Heather Ogier, 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, and for services rendered in connection with conservatorship and support of the children, judgment for attorney's fees, expenses, and costs through trial and appeal should be granted against Respondent and in favor of Petitioner for the use and benefit of Petitioner's attorney and be ordered paid directly to Petitioner's attorney, who may enforce the judgment in the attorney's own name. Petitioner requests postjudgment interest as allowed by law. 13. Prayer Petitioner prays that citation and notice issue as required by law and that the Court grant a divorce and all other relief requested in this petition. Petitioner prays that the Court, after notice and hearing, grant a temporary injunction enjoining Respondent, in conformity with the allegations of this petition, from the acts set forth above while this case is pending. Petitioner prays for attorney's fees, expenses, and costs as requested above. Petitioner prays for general relief. Respectfully submitted, CORDELL & CORDELL PC 420 Throckmorton Suite 1010 Fort Worth, Texas 76102 Tel: (817) 806-0066 Fax; (817) 887-4081 Original Petition for Divorce; ITMOMO Rollo Page 8 of 9 Hefither Ogier State Bar No. 240449 Dena L. Wilson State Bar No. 24047123 ftwoffice@corde111aw.com Attorneys for Petitioner Original Petition for Divorce;ITMOMO Rollo Page 9 of 9