Rocky Kirk Divorce (Final)

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<p>" " BK10258 PG1329 Flied In The District CourtDISP ffriTleS: A'\...-l-0' Travis County, Texas DlSP CODE- !fLS_' REDAC Q:.t!!Z...... = lM JUDGE CLERK NM At e:.' ? M. Amalia Rodriguez-ndoD, Clerk IN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF OF TRAVIS COUNTY, TEXAS DONALD KIRK AND NANCY KIRK S3RD JUDICIAL DISTRICT AGREED FINAL DECREE OF DIVORCE On this date, the Court heard this case. Appearances Petitioner, Donald Kirk, appeared in person and announced that the parties have reached an agreement. Respondent, Nancy Kirk, has made a general appearance and did not personally appear. Donald Kirk and Nancy Kirk have agreed to the temlS of this judgment to the extent permitted by law, as evidenced by their signatures and ,the signatures of their attorneys, appearing below. Waivers ....The making of a record of testimony was waived by the parties with the consent of the Court. A jury was waived, and questions of fact and of law were submitted to the Court. Jurisdiction and Domicile The Court finds that the pleadings of the Petitioner are in due form and contain all the allegations. information, and prerequisites required by law. The Court, after receiving evidence, finds that it has jurisdiction over this case and over all the parties and that at least sixty days have elapsed since the date the suit was filed. The Court finds that, at the time this suit was filed, Petitioner had been a domiciliary of Texas for the preceding six months and a resident of Travis County, Texas, for the preceding ninety days. All persons entitled to citation were properly cited or have voluntarily appeared. Agreement ofthe Parties The Court finds that the parties have entered into a written agreement as contained in this decree by virtue of having approved this decree as to both fonn and substance. To the extent permitted by law, the parties stipulate the agreement is enforceable as a contract. The Court approves the agreement of the parties as contained in this Final Decree of Divorce. IMMOKil'1c 1'.,1110/21 Agl'lIl1d Firml Decne ojDivurce 11111111111\ 11111111111\1" 111111111111111111\111111111 001685320 DC BK10258 PG1330 Divorce It is ORDERED that Nancy Kirk and Dona1d Kirk are divorced and that the marriage between them is dissol ved. Children ofthe Marriage The Court finds that there is no child of the marriage of the parties who is now under the age of 18 years, and that none is expected. Division ofMarital Estate The Court finds that the following is a just and right division of the parties' marital estate, having due regard for the rights of each party. It is ORDERED that Donald Kirk is awarded the following as his sole and separate property either as a division of the parties' community estate or confirmed as his separate property, and Nancy Kirk is divested of all right, title, interest, and claim in and to that property: H-l. All household furniture, furnishings, fIxtures, goods. art objects, collectibles. appliances, and equipment in the possession of Donald Kirk or subject to his sole control. H-2. All clothing, jewelry. and other personal effects in the possession of Donald Kirk or subject to his sole control. H-3. All funds on deposit, together with accrued but unpaid interest, in the following banks, savings institutions, brokerage accounts, or other financial institution under the name of Donald Kirk: Prosperity Bank, checking account no. 2875942 Prosperity Bank, savings account no. 81002149 A+ Federal Credit Union, savings acct. no. 1010000179193 Wells Fargo, checking account no.51 I 1539937 Wells Fargo, savings account no. 3724821370 Wells Fargo, savings account no. 5483441019 Wells Fargo, checking account no. XXXX991B Wells Fargo, checking account no. XXXXS936 The parties are ORDERED to take alJ steps necessary to assure that the accounts awarded to a party are held in that party's name. H-4. All policies of life insurance (including c a ~ h values) insuring Donald Kirk's life. Both parties wiIJ take al] steps necessary to dissolve the ILff that relates to life insurance on DonaJd Kirk's life. IMMOK;rk Pagdo/21 Agreu Final Dec,.ee 0/Divoree DC BK10268 PG1331 H ~ 5 . The following motor vehicles titled in the name of Donald Kirk: 2005 Chevy Silverado 2007 Chevy Tahoe 2002 Toyota Celka together with all prepaid insurance, keys, and title documents. H ~ 6 . An undivided 50 percent interest in the real property and improvements located at 4 Windwood Court, The Hills, Travis County, Texas, more specifically described as: LOT 457, HIlLS OF LAKEWAY PHASE FOUR, A SUBDNISION IN TRAVIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT OF RECORD IN VOLUME 81, PAGES 123, OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS including but not limited to any escrow funds, prepaid insurance, utility deposits. keys, house plans, home security access and code, garage door opener. warranties and service contracts, and title and closing documents, subject to the Special Provisions for Sale of Windwood Court Property, contained herein. H-7. The real property and improvements located at 321 La Lomita Circle. South Fork, Rio Grande County, Colorado, including but not limited to any escrow funds, prepaid insurance, utility deposits, keys, house plans, home security access and code, garage door opener, warranties and service contracts, and title and closing documents. Nancy Kirk is ORDERED to sign all documents necessary to transfer ownership of such property to Donald Kirk within five business days of presentation of documents. H-8. All sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom, and any other rights related to the following retirement accounts held in the name of Donald Kirk: Lake Travis Independent School District 403(b) account WeJls Fargo IRA acct. no. 2022357160 H-9. With the exception of the amounts awarded to Nancy Kirk herein (ali set forth more particularly in the Qualified Domestic Relations Order signed by the Court herein), all sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom, and any other rights related to the Texas Teacher Retirement System pension plan. IMMOKiril P4Ke .10/21 "gN/lld FiNd Dec,," ofDivorce DC BK10258 PG1332 Donald Kirk is ORDERED to name Nancy Kirk as irrevocable beneficiary of the tOO percent survivor benefit associated with such retirement plan as more specifically identified herein, and to provide Nancy Kirk proof of such ejection within 30 days of the date this Agreed Final Decree of Divorce is signed by the Court. Donald Kirk is further ORDERED to take all future action that is required to designate or redesignate Nancy Kirk as survivor beneficiary to receive 100 percent of the community property portion of Donald Kirk's retirement pay after the date of his death, pursuant to the Special Provisions Relating to TRS Survivor Benefit, contained herein. H-IO. A sum equal to 100 percent of the balance of the Tomball Regional Hospital Retirement Plan account held in the name of Nancy Kirk, as set forth more particularly in the Qualified Domestic Relations Order signed by the Court herein, subject to his obligation to pay Nancy Kirk the sum of $15,000 from such funds. It is ORDERED that Nancy Kirk. is awarded the following as her sole and separate property either as a division of the parties' community estate or confirmed as her separate property, and Donald Kirk is divested of all right, title, interest, and claim in and to that property: W -1. All household furniture, furnishings, fixtures, goods, urt objects, collectibles, appliances, and equipment in the possession of Nancy Kirk or subject to her sole control. W -2. All clothing, jeweJry, and other personal effects in the possession of Nancy Kirk or subject to her sole control. W-3. All sums of cash in the possession of Nancy Kirk Of subject to Nancy Kirk's sole control, and all funds on deposit, together with accrued but unpaid interest, in the following banks, savings institutions, brokerage accounts, or other financial institutions in the name of Nancy Kirk: Wells Fargo, savings account no. XXXX8739 Wells Fargo, checking, account no. XXXX9520 W -4. All sums, whether matured or unmatured. accrued or unaccrued. vested or otherwise. together with all increases thereof, the proceeds therefrom, and any other rights related to the HCA 401(k) account held in the name of Nancy Kirk. W-5. A portion of Donald Kirk's retirement benefits in the Teacher Retirement System of Texas arising out of Donald Kirk's employment with Texas public schools as of the date that the Final Decree of Divorce is signed by the Court, that portion being 50 percent of the amount earned or accrued during the parties' marriage, with survivor benefits as stated herein. together with any interest, dividends. gains, or losses on that amount arising lMMOKirlc Page4of21 Agreed Pi",,' Decree ofDipnrce DC BK10258 PG1333 since that date and more particularly defined in a Qualified Domestic Relations Order authorized to be signed by the Court on the day this Final Decree of Divorce is signed. and the Special Provisions Relating to TRS Survivor Benefit. contained herein. W-6. The 2003 GMC Yukon motor vehicle, VlN IGKEC16Z13JtOl432, together with aU prepaid insurance, keys, and title documents. W-7. An undivided 50 percent interest in the real property and improvements located at 4 Windwood Court, The Hills, Travis County. Texas. more specifically described as: LOT 457. HILLS OF LAKEWAY PHASE FOUR, A SUBDIVISION IN TRAVIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT OF RECORD IN VOLUME 81, PAGES 123, OF THE PLAT RECORDS OF TRA VIS COUNTY, TEXAS including but not limited to any escrow funds, prepaid insurance, utility deposits, keys, house plans, home security access and code, garage door opener, warranties and service contracts, and title and closing documents, subject to the Special Provisions for Sale of Windwood Court Property, contained herein. W-S. All policies of life insurance (including cash values) insuring Nancy Kirk's life. W-9. The sum of $15,000 payable from Donald Kirk to Nancy Kirk upon his withdrawal of funds from the Tomball Regional Hospital retirement plan. Donald Kirk is ORDERED to withdraw sufficient funds to pay Nancy Kirk $15,000 as soon as he is notified that the funds have been moved into an IRA in his name. Donald Kirk is further ORDERED to pay any and all taxes and applicable penalties that may accompany his withdrawal of funds from the retirement account awarded to him pursuant to this section. It is ORDERED that Donald Kirk, shall pay, as a part of the division of the estate of the parties, and shaH indemnify and hold Nancy Kirk and her property harmless from any failure to so discharge, these items: H-l. Any and all debts, charges, liabilities. and other obligations incurred solely by Donald Kirk, unless specifically stated otherwise herein. H-2. All amounts due on the following debts: a. Wells Fargo Visa, account no. XXXX8477 b. All debt owed to Prosperity Bank by Donald Kirk individually or jointly with Nancy Kirk c. Any and all amounts owed to Mary and George Kirk d. American Express, account no. XXXX2000 lMMOKirk Pap 5 of21 Agnlflil Final Decree ofDivorce DC BK10258 PG1334 H-3. Any and all attorneys' and professionals' fees and expenses incurred by Donald Kirk and not previously paid. H4. All encumbrances, ad valorem taxes, liens, assessments, or other charges due or to become due on the real andlor personal property awarded to Donald Kirk or confirmed as his separate property in this decree unless express provision is made in this decree to the contrary, including aU debt, assessments, taxes and other amounts due on the real estate and improvements located in South Fork, Colorado and awarded to Donald Kirk herein. H-5. The monthly amount due on the mortgage principal and interest, taxes and insurance associated with the real property and improvements located at 4 Windwood Court, The Hills, Travis County, Texas, until such time as the property is sold. H-6. The sum of $15,000 payable from Donald Kirk to Nancy Kirk upon his withdrawal of funds from the Tomball Regional Hospital retirement plan. Donald Kirk is ORDERED to withdraw sufficient funds to pay Nancy Kirk $15,000 as soon as he is notified that the funds have been moved into an IRA in his name. Donald Kirk is further ORDERED to pay any and all taxes and applicable penalties that may accompany his withdrawal of funds from the retirement account awarded to him pursuant to this section. It is ORDERED that Nancy Kirk shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold Donald Kirk and his property harmless from any failure to so discharge, these items; W -1. Any and all debts, charges, liabilities, and other obligations incurred solely by Nancy Kirk, except as specifically provided otherwise herein. W -2. Any and all attorneys' and professionals' fees and expenses incurred by Nancy Kirk and not previously paid. W -3. All encumbrances, ad valorem taxes, liens, assessments, or other charges due or to become due on the real andlor personal property awarded to Nancy Kirk or confirmed as her separate property in this decree unless express provision is made in this decree to the contrary. It is ORDERED that each party shall send to the other party. within three days of its receipt, a copy of any correspondence from a creditor or raxing authority concerning any potential liability of the other party. Special Provisions for JUT The Court finds that the parties have created an Irrevocable Life Insurance Trust that is IMMOKirli; Page60111 Agnled Final Decree 01Divorce DC BK10258 PG1335 intended to receive the proceeds of a life insurance policy insuring the life of Donald Kirk. The Court finds that the parties have agreed to remove all assets from such trust, and each party is ORDERED to take all steps necessary to move all assets out of such trust within 60 days of the date this Agreed Final Decree of Divorce is signed by the Court. AU costs associated with the tennination of the ILIT shall be paid by Donald Kirk. Special Provisions for Sale of4 Witulwood Court The Court finds that the parties own, as community property, real property and improvements located at 4 Windwood Court, The Hil1s, Travis County, Texas, and that the parties have reached an agreement for the sale of the property and the division of the remaining net proceeds. The Court approves the parties' agreement and ORDERS as follows: 1. Ownership and Lisuna of Property. The parties shall continue to own the property as tenants-in-common and sh...</p>