NO 07-15-0001-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH SUPREME JUDICIAL DISTRICT

AT AMARILLO, TEXAS

BRENTLY WAYNE HRNCIRIK

Appellant,

V.

BOBBYE GAIL HRNCIRIK,

Appellee,

APPELLANT’S BRIEF

TRIAL COURT NO. 20 13-509,724, COUNTY COURT AT LAW NO.2 OP LUBBOCK

COUNTY, TEXAS HONORABLE DRUE FARMER, PRESIDING JUDGE

LAW OFFICE OP DAVID MARTINEZ

1663 Broadway

Lubbock, Texas 79401

Telephone (806) 744-1692

Fax (806) 744-5660

dmtzlaw@aol.com

7s/Vavzd’Aian~tneçDavid Martinez

State Bar No. 13141650

ATTORNEY FOR APPELLANT

ACCEPTED

2013-509,724

SEVENTH COURT OF APPEALS

AMARILLO, TEXAS

4/8/2015 9:24:00 PM

Vivian Long, Clerk

 FILED IN 7th COURT OF APPEALS AMARILLO, TEXAS 4/8/2015 9:24:00 PM VIVIAN LONG CLERK
IDENTITY OF PARTIES AND COUNSEL

1. Brentley Wayne Hrncirik

Appellant and Respondent in Trial Court

2. David Martinez

1663 Broadway

Lubbock, Texas 79401

Counsel for Appellant on appeal and in Trial Court

3. Bobbye Gail Hrncirik

Appellee and Petitioner in Trial Court

Pro Se on Appeal

4. Barbara Dickerson

8212 Ithaca Aye, Suite I

Lubbock, Texas 79423

Trial Counsel for Appellee

1.
TABLE OF CONTENTS

Page

1. Index of Authorities 1

2. Statement of the Case 2

3. Statement Regarding Oral Argument 2

4. Issues Presented 3

5. STATEMENT OF THE FACTS 4-8

6. Summary of the Argument 9

7. Argument 10-12

8. Prayer 12

9. Appendix 13

a. Divorce Decree dated October 1, 2014.

b. Trial Court’s Finding of Facts and Conclusions of Law dated November 5, 2014

11
INDEX OF AUTHORITiES

Page

Davis v. City of San Antonio 752 S.W. 2d 518 (Tex 1988) 11

Lofton v. Texas Brine Corp. 720 S.W. 804 (1986)

Rev’d, 777 S.W. 2d 834 (Tex 1989) 12

Massey v Massey, 807 S.W. 2d 391 (Tex App. - Houston [Pt Dist.] 10

1991, writ requested)

Mata v. Mata 710 S.W. 2d 756 (Tex-App Corpus Christi 1986) 11

Middleton v. Kawasaki Steel Corp. 687 S.W.2d 42 12

(Tex App.- Houston [14th Dist] 1985,

Writ ref’ d nrc. Per curl am

699 S.W. 2d 199 (Tex 1985)

Murff v Murff, 615 S.W. 2d 696 (Texas. 1988) . 10

Wallace v. Wallace, 623 S.W. 2d 723 (Tex. Civ. App.-Houston [itt Dist] 10

1981, writ dism’d)

Wilson v. Wilson, 44 S.W.3d 597 (Tex. App. Ft Worth 2001, no pet.) 10

Statutes

Tex. Fam Code 7.001 (West 2006)
STATEMENT OF THE CASE

This is an appeal from a divorce proceeding, wherein Appellant, Brentley Wayne

Hrincirk was the Respondent, and Appellee, Bobbye Hrncirik, was the Petitioner. After a final

hearing on August 29, 2014, the Court entered a Final Divorce Decree on October 1, 2014.

Appellant filed a Motion for New Trial on October 31, 2014, which was overruled by operation

of law. Appellant filed a Notice of Appeal on December 30, 2014. In the divorce decree, the trial

court granted the divorce on grounds of insupportably and adultery (C.R. page 50 paragraph 2,

Findings of Fact.) Furthermore, the Decree of Divorce, (C.R. p.30, Findings of Fact p. 51

paragraph 15) awarded a disproportionate share of the property and debts between the parties

based on fault in the breakup of the marriage by Appellant.

STATEMENT REGARDING ORAL ARGUMENT

Appellant does not believe oral argument would aid the Court in its decisional process.

The law is well settled, and Appellant believes he has accurately pointed out in the record why

the trial court abused its discretion.

2.
ISSUES PRESENTED

1. The trial court erred in finding that there was evidence that allowed the Court

to award Appellee a disproportionate share of the community property,

specifically 52% of the retirement of Appellant, Brentley Wayne Hrncirik.

2. The triad court erred in finding that Appellee was entitled to a disproportionate

share of the community property when there was no evidence or insufficient

evidence to support that finding.

3.
STATEMENT OF THE FACTS

Over objection by Appellant’s Counsel, Allen Young a process server, testified that he

served Appellant a Motion for Enforcement, that was set for hearing on the same day as the final

divorce hearing that being August 14, 2014. (R.R. Vol.2 page 7, lines 9-11, 20-24). Mr. Young

testified that when he served Appellant with the enforcement papers, Appellant told him to get

off his property or he would shoot him. (R.R. Vol 2 P.9 lines 19-24). After dropping the papers

in front of Appellant, Appellant ran after Mr. Young and kicked his vehicle door. At the time of

the incident Young testified that Appellant’s demeanor was very violent (R.R. Vol 2 p 10 lines 2-

7, 12-15) on cross examination Mr. Young testified he had, had that happen to him on other

occasions. (R.R. Vol 2 P11, lines 2-4). Appellee, Bobbye Hrncirik then testified that she had

filed the divorce petition on December 31, 2013, (R.R. Vol 2 p. 12 lines 20-22), that the parties

were married on February 28, 2004 and that the parties had separated on September 21, 2013.

(R.R. Vol 2 p.13 lines, 6-7, 9-10). According to her, the marriage had become insupportable and

Appellant was guilty of cruel treatment to her. (R.R. Vol 2 p. 13 lines 12-13, lines 20-25) and

adultery. (R.R. Vol 2 p.14 lines 1-2). There were no children born of the marriage, and she

alleged that she should be awarded a disproportionate share of the parties estate for reasons

outlined in her original petition, but specifically for fault in the breakup of the marriage, benefits

she would have derived from continuation of the marriage, disparity of earning power and ability

to support herself and community indebtedness and liabilities. (R.R. Vol 2 p. 14 lines 12-25). At

the time of the divorce, Appellee testified she had worked for University Medical Center for 11

years as director of residential healthcare partnership. (R.R. Vol 2 p.15 lines 16-21). She further

testified that Appellant had been a district manager for Matco Tools since April 2002. (R.R. Vol

2 p.15 lines 22-25).

4
At the time of the separation, Appellee’s income was $94,500 annually and Appellant’s

approximately $130,000 a year, (R.R. Vol 2p.l6 lines 10-17). Appellee testified that she had a 16

year old daughter, who lived with her and Appellant during their living together as husband and

wife, and for 12 years plus, Appellant was her child’s “dad”. (R.R. Vol 2 p.16 lines 20-25, p.17

lines 4-11).

Appellee accused Appellant of adultery because supposedly he had an encounter with a

women named Dana Sharp in Midland, who confirmed via a text message that Appellant had and

encounter with her in April of 2013 and then in June. (R.R. Vol 2 page 18 lines 6-21).

Prior to this separation in August of 2013, the parties had bought 84 acres of land in

Seymour, Texas, a mobile home to go on that land, an ATV, and had done some improvements

on the land by putting a patio and owning on the mobile home. (R.R. Vol 2 p.17 lines 21-24).

They also had lake property they sold because they had bought a new house with a swimming

pool. (R.R. Vol 2 p.19 lines 13-15). The lake property was sold for $28,500 on September 15,

2012 and the installments were for $767.05 monthly. Up until the time of separation Appellant

had received the monthly payments (R.R. Vol 2 p.21 lines 8-25).

Pursuant to temporary orders, the payments from the lake property starting in March 2014

were to be placed in a trust account. (R.R. Vol 2 p. 25 lines 3-7). However, Appellant had kept

the monthly payments to pay bills. (R.R. Vol 2 p.25 lines 8-10). The parties also had a large fifth

wheel, camper they had bought in 2008 for approximately $59,000, and Appellant had failed to

make the monthly payments on the camper in the amount of $580.00 (R.R. Vol 2 p. 28 lines 4-7,

lines 12-21). So, Appellee had to make payments. (R.R. Vol 2 p. 30 lines 2-5).

At the time of the divorce there was $14,891.14 in Appellee’ s Attorney’s trust account. (R.R.

Vol 3 Exhibit 9),Exhibit 10, was introduced

5
into evidence showing the fair market value of the parties community and debt. In particular the

exhibit shows that Matco 401K of Appellant which had a value of $297,630.00 and Appellee’ s

retirement plan with MetLife TSA showing a value of $42,609.00. (R.R. Vol 3, Petitioner Ex

10). Petitioner Exhibit 11 was introduced into evidence showing the alleged personal property in

each parties possession with Appellee, claiming she had only retained $8,025.00 of personal

property, and Appellee alleging Appellant had retained $59,860 worth of personal property

which included $52,000 of missing tools and other tools. (R.R. Vol 3, Petitioner’s Exhibit 11).

Even though Appellee introduced Petitioner’s Exhibit 12 of invoices for furniture bought by

the parties between 2005 to 2011 that was bought new that totaled $20,723.03 (R.R Vol 3,

Petitioner’s Exhibit 12) she testified that it only had a fair market value of $8,025 as shown on

Petitioner’s Exhibit 11. (R.R. Vol 2 p. 76 lines 5-10). Appellee testified she had included the

$52,000 of missing tools because that was the value Appellant had given of the missing tools.

(R.R. Vol 2 p. 79 lines 4-6).

Under cross-examination Appellee testified she was 40 years old (R.R. Vol 2 p. 47 lines 24-

25) and that Appellant had in fact provided for two of Appellee’s daughters where they lived

together. (R.R. Vol 2 p.88 lines 10-24). She also admitted having to take alcohol counseling and

a domestic violence course in order to get an assault case dismissed in which Appellant was the

victim. (R.R. Vol.2 p89 lines 7-25). In fact she testified that the largest reason her case was

dismissed was because Appellant wished not to press charges. (Respondent’s Exhibit No. 1, R.R.

Vol 3) she further claimed that she has furnished the 3200 square foot home with the swinmiing

pool with $8,500 worth of furniture. (R.R. Vol 2 p. 13-22).

Appellee was in good health at the time of the divorce hearing and her employment with

6
University Medical Center was secure. (R.R. Vol 2 p 93. Lines 5-14). Appellant was then called

to testify by Appellees attorney and he testified he had the camper sold to a Kenneth McMullin

but had not been able to get the paperwork to sell it. (R.R. Vol 2 p 106 lines 5-22) and that he

had no means of making the camper payments, even though he had been ordered to. (R.R. Vol 2

p. 108, lines 1-19). Appellant provided Appellee with Petitioner’s exhibit 17 which had the total

amount of debt for the parties at State National Bank, which totaled $127,342.88 (R.R. Vol 3,

Petitioner’s Exhibit 17).

Of that amount $7,000 was a child support note, (R.R. Vol 2 p 116 lines 19-22) $4,780 was

for a motorcycle he had sold (R.R. Vol 2 p. 117, lines 13-19). Appellant through crossexamination of his attorney testified that he’s base salary was $75,000 ma year to year contract

that also paid him $600.00 a month for vehicle expense and $100.00 a month for office expense,

plus $100.00 a day if he was on the road 50 miles or more from his house. (R.R. Vol 2 p. 126

lines 16-18).

Appellant offered his paycheck as Respondent’s Exhibit No. 5. (R.R. Vol 3 Respondent’s

Exhibit 5). Respondent’s Exhibit No. 6 which was his inventory of the personal property at the

parties residence at the time of separation totaling $90,643 and Respondent’s Exhibit No. 7,

which was his itemization of a $9,500 tool box and $52,000 in tools he had accumulated from his

24 years work with Matco Tools. (R.R. Vol 3 Respondent’s Exhibit No. 6 & 7) (R.R. Vol 2 p

129 lines 4-16) Appellant further testified that all his tools and equipment were missing from the

shop. (R.R. Vol 2 p 130 lines 15-24).

Appellant further testified he did not know where the tools were and that was his evaluation

of the worth of the tools because he sold tools for a living, (R.R. Vol 2 p 131 lines 2-7).

Appellant also wanted Appellee to keep the jeep which he estimated the fair market value of

7
$33,000 as long as she paid the $33,000 on the note at State National Bank. (R.R. Vol 2 p 135

lines 9-20).

Regarding his income Appellant testified he was struggling making payments because he hadn’t

made the money he was used to. (R.R. Vol 2 p 138 lines 21-25). Appellant further testified he

never assaulted Appellee during the marriage and denied having any relationship with another

woman during the marriage. He was 51 years old at the time of the final hearing approximately

11 years older than appellee. (R.R. Vol 2 p. 141 lines 5-16).

Appellant also confirmed having supported, Appellees two daughters until the day he walked

out. (R.R. Vol 2 p. 142 lines 9-15). He further opined that Appellee took all the missing shop

tools and the household property, worth $90,000 because he did not receive any of said property.

(R.R. Vol 2 p. 142 lines 23-25, p 143 lines 1-3).

Appellee’s Counsel then testified as to reasonable and necessary attorney fees of $4,000. (R.R.

Vol 2 p. 152 lines 18-20).

8
SUMMARY OF THE ARGUMENT

1) The evidence in the record demonstrates that the courts division of property was so

unjust and unfair as to constitute an abuse of discretion.

2) There is no evidence or insufficient evidence to support the trial court’s findings of

facts no. 15 concerning awarding a disproportionate share of the property and debts

between the parties based on fault in the breakup of the marriage by Appellant.

9
ARGUMENT

1) The evidence in the record demonstrates that the court’s division of property was so

unjust and unfair as to constitute abuse of discretion.

In dividing the estate of the parties, the trial court shall order a division of the property

“that the court deems just and right having due regard for the rights of each party...” Tex. Fam.

Code Ann. 7.0001 (West 2006). A trial court may order an unequal division of martial property

where a basis exists for doing so. Massey v. Massey 807 S.W. 2d 391, 398 (Tex. App. - Houston

[1st Dist.] 1991, writ requested). The trial court is vested with broad discretion in dividing the

community estate and a court of appeals will presume it properly exercised. Murff v. Murff, 615

S.W. 2d 696, 698 (Tex. 1981). In accordance with Wilson v. Wilson 44 S.W. 3d 597, 600

(Tex.App- Ft. Worth 2001,no pet.) a party complaining of the trial court’s division of community

property muse be able to demonstrate from evidence in the record that the division was so unjust

and unfair as to constitute an abuse of discretion. Wallace. v. Wallace 623 S.W. 2d 723, 725

(Tex, Civ. App- Houston [1st dist.] 1981, writ dism’d). It is the responsibility of the parties to the

proceedings to produce evidence to give the court a basis on which to make the division. In

Wilson Appellant did not complain about the trial court’s division of any particular property, he

argued that the trial court ignored the facts when it distributed the property.

The court may consider many factors in making an unequal division of property. Those factors

can include. 1) need for future support of a spouse, 2) education and employability, 3) health, 4)

age and fault in the break up of the marriage. The circumstances of each marriage dictate which

factors should be considered when dividing the community estate. Young v. Young 609 S.W. 2d

758(Texas 1980). In the divorce decree the trial court awarded Appellant the following:

a. Seymour, Texas Lake Land $20,000 equity

b. 2Ol4FordFlSOPickup $0 equity 10
c. Motorcycle equity $6,222.00

d. Vanderbilt trailer- equity $25,000.00

e. ATV- equity $3,542.00

f. Golf car- equity $5,000

g. Trailer- equity $1,000.00

for a total equity of $40,764 not including the 48% share of his equity in the MATCO

401(k).

Appellee was awarded the following:

a. Personal property of $8,025.00

b. The trust account monies which had a value of $14,891.14

c. Lake property payments of $16,875.10

d. The 2013 jeep which had $31,000 equity less her share of loan of $20,000, equity of

$11,000

e. The retirement account with her MetLife of $42,609 this totaled $93,400.24 in equity

without adding the $180,000 that the court awarded Appellee from Appellant’s

401(k) see divorce decree. (R.R. p. 30, 31,32 and 33). Also, see Petitioner’s exhibit

10.(R.R. Vol.3 Petitioner’s exhibit 10)

Appellant was entitled to testify about the fair market value of the personal property the

parties had at the house. Mata v. Mata 710 S.W. 2d 756 (Tex. App-Corpus Christi 1986).

Appellant was also competent to testify about the value of tools that were at the parties

residence when he left and the Court completely disregarded this testimony. The Court

should have considered the valuation of this property before awarding Appellee 52% of

Appellant’s 401(k) account.

2. There is no evidence or insufficient evidence to support the trial court’s findings of

fact no. 15 concerning awarding a disproportionate share of the property based on

fault in the break up of the marriage by Appellant.

In reviewing “No evidence” points the reviewing courts considers only the evidence and

inferences that tend to support the finding, and disregards all evidence and inferences to the

contrary. Davis v. City of San Antonio, 752 S. W. 2d 518 (Tex 1988). 11
In reviewing a factual sufficiency of the evidence challenge, the court of appeals must

consider weigh, and examine all of the evidence that supports and is contrary to the finding.

Lofton v. Texas Brine Corp. 720 S.W. 2d 804,805 (1986), rev’d, 777 S.W. 2d 834 (Tex. 1989).

Findings of fact in a case tried to the court have the same force and dignity a jury’s verdict upon

jury questions, however they are not conclusive, when a complete statement of facts appears in

the record Middleton v. Kawasaki Steel Corporation, 687 S.W. 2d 42, (Tex. App.- Houston [l4th

Dist.] 1985, writ ref’d nre. Per curium, 699 S.W. 2d 199 (Tex 1985).

In the present case other than the fact that Appellee wanted a divorce there was no

evidence or insufficient evidence to justify a finding by the trial court that the evidence

supported a finding for the court to award a disproportionate share of the property based on fault

in the breakup of the marriage by Appellant.

PRAYER

Appellant prays that the honorable Court of Appeals reverse and remand this case back to

the Trial Court and order a division of the property that is “just and right”.

Respectfully submitted,

LAW OFFICE OF DAVID MARTINEZ

1663 Broadway

Lubbock, Texas 79401

Telephone (806) 744-1692

Fax (806) 744-5660

drntzlaw@aol.com

By: /s/vcwcd,Mczrtcne3’

David Martinez

SBN: 13141650

CERTIFICATE OF SERVICE

This is to certify that on April 8th, 2015 atrue and correct copy of Respondent’s Brief was served to Bobbye

Gail Hrincirik by email bhrncirik@ marykav.coni.

/s/ Dcwcd’ Mctrutw&

DAVID MARTINEZ

Certificate of Compliance

This is to certify that the foregoing Appellant’s Brief which was produced by Microsoft office does not

contain over 4500 words. 7W VcwCd’Mcwttnes’

David Martinez 12
APPENDIX

1. Divorce Decree dated October 1,2014

2. Triad Court’s Findings of Fact and Conclusions of Law dated November 5, 2014.

13
/~ Filed 1011/2014 2:33:02 PM Barbara Sucsy

District Clerk

Lubbock County, Texas

Mel~nie Songer

NO. 2013-509,724

IN THE MATTER OF § IN COUNTY COURT AT LAW

THE MARRIAGE OF §

4 §

BOBBYE GAIL HRNCIRIK § NUMBER TWO

AND §

BRENTLEY WAYNE IIRNCIRIK § LUBBOCK COUNTY, TEXAS

FINAL DECREE OF DIVORCE

On August 29,2014 the Court heard this case.

Appearances t’

Petitione4’ BOBBYE GAIL HRNCIRIK, appeared in person and through attorney of

record, Barbara Dickerson, and announced ready for trial.

Respondent BRENTLEY WAYNE HRNCIR.IK, appeared in person and through

attorney ofrecord, David Martinez, and announced ready for trial.

Record

The recoid of testimony was duly reported by the court reporter for County Court at Law

Number Two.

Jurisdiction and Lomicile

The Coui4 finds that the pleadings of 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 ~~urisdiction of this case and of all the parties and that at least sixty days have

elapsed since the date the suit was filed.

The Court farther finds that, at the time this suit was filed, Petitioner had been a

domiciliary of T6xas 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

Ajury wds waived, and questions of fact and of law were submitted to the Court.

Divorce

IT IS ORDERED AND DECREED that BOBBYE GAIL HRNCIRIK, Petitioner, and

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 FILED IN 7th COURT OF APPEALS AMARILLO, TEXAS 4/8/2015 9:24:00 PM VIVIAN LONG CLERK
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BRENTLEY WAYNE HRNCIRIK, Respondent, are divorced and that the marriage between

them is dissolved on the grounds of insupportability and adultery.

Child ofthe Marriage

The Couri finds that there is no child of the marriage of Petitioner and Respondent and

that none is expected.

Division ofMarital Estate

The Court finds that the following is a just and right division ofthe parties’ marital estate,

having due regard for the rights of each party.

Property t~ Husband

IT IS ORDERED AND DECREED that the husband, BRENTLEY WAYNE

HRNCIRIK, is a’çvarded the following as his sole and separate property, and the wife is divested

of all right, title, interest, and claim in and to that property:

H-I. The following real property, including but not limited to any escrow funds,

prepaid insurance, utility deposits, keys, house plans, home security access and code, garage

door opener, warfanties and service contracts, and title and closing documents:

451⁄2 671 107 T&NO (Home), Baylor County, Texas; 2816 FM 2180, Seymour,

flcas

H-2. TIle following real property, including but not limited to any escrow funds,

prepaid insuranc6, utility deposits, keys, house plans, home security access and code, garage

door opener, waj1anties and service contracts, and title and closing documents:

45~1 671 107 T&NO (70.078 acres), Baylor County, Texas; 2816 FM 2180,

Seymour, Texas

H-3. Afl household furniture, furnishings, fixtures, goods, art objects, collectibles,

appliances, and e~uipment in the possession of the husband or subject to his sole control except

Petitioner’s Grandfather’s gun, Petitioner’s Grandmother’s quilt and Petitioner’s Father’s smoker

grill.

H-4. Afl clothing, jewelry, and other personal effects in the possession of the husband

or subject to his dole control.

H-S. A1 sums of cash in the possession of the husband or subject to his sole control,

including funds on deposit, together with accrued but unpaid interest, in banks, savings

institutions, or oiher financial institutions, which accounts stand in the husband’s sole name or

Final Decree of Divorc~ — flmcirik Page 2 of 9
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from which the husband has the sole right to withdraw funds or which are subject to the

husband’s sole control.

H-6. A tortion of BRENTLEY WAYNE HRNCIRIK’s retirement benefits in Matco

401(k) arising ou~ of BRENTLEY WAYNE HRNCIRIK’s employment with Matco Tools as of

the date that the Final Decree of Divorce is signed by the Court, that portion being 48%, together

with any interesti dividends, gains, or losses on that amount arising since that date and more

particularly defined in a Qualified Domestic Relations Order signed by the Court on the day thid

Final Decree of Divorce is signed.

H-7. All policies of life insurance (including cash values) insuring the husband’s life.

H-8. Tile 2014 Ford F 150 motor vehicle, vehicle identification number ______________

tdgether with all prepaid insurance, keys, and title documents.

H-9. Tile 2006 Harley Davidson Motorcycle, vehicle identification number

I HD 1BWB 1 96Y07664 1, together with all prepaid insurance, keys, and title documents.

H-b. The Vanderbilt Trailer, together with all prepaid insurance, keys, and title

documents.

H-li. Tile Polaris Ranger 500 Crew ATV, vehicle identification number

4XAWH5OAXCI!63277 1, together with all prepaid insurance, keys, and title documents.

H-12. Tile Golf Cart, together with all prepaid insurance, keys, and title documents.

H-i 3. The Boat motor vehicle, together with all prepaid insurance, keys, and title

documents. ¶

H- 14. THe Trailer, together with all prepaid insurance, keys, and title documents.

H-iS. TEe John Deere 3032E Compact Utility Tractor and related parts

H-16, The Graceland Portable Garage

H-17. The trailer from Gary

Property tb Wife

IT IS ORDERED AND DECREED that the wife, BOBBYE GAIL HRNCIRIK, is

awarded the following as her sole and separate property, and the husband is divested of all right,

title, interest, and~claim in and to that property:

W-I. AU household furniture, furnishings, fixtures, goods, art objects, collectibles,

appliances, and equipment in the possession ofthe wife or subject to her sole control.

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W-2. All clothing, jewelry, and other personal effects in the possession of the wife or

subject to her sok control.

W-3. All sums of cash in the possession of the wife or subject to her sole control,

including funds on deposit, together with accrued but unpaid interest, in banks, savings

institutions, or otiier financial institutions, which accounts stand in the wife’s sole name or from

which the wife las the sole right to withdraw funds Or which are subject to the wife’s sole

control.

W-4. The sums, whether matured or unmatured, accrued or unaccrued, vested or

otherwise, togetWer with all increases thereof, the proceeds therefrom, and any other rights

related to any prbfit-sharing plan, retirement plan, Keogh plan, pension plan, employee stock

option plan, 401~k) plan, employee savings plan, accrued unpaid bonuses, disability plan, or

other benefits existing by reason ofthe wife’s past, present, or future employment, including but

not limited to Me~life TSA — 073728187 AB.

W-5. A~portion of BRENTLEY WAYNE HRNCIRIK’s retirement benefits in Matöd

40 1(k) arising out of BRENTLEY WAYNE HRNCIRIK’s employment with Matco Tools as of

the date that the tinal Decree of Divorce is signed by the Court, that portion being 52%, together

with any interes4 dividends, gains, or losses on that amount arising since that date and more

particularly defined in a Qualified Domestic Relations Order signed by the Court on the day this

Final Decree ofESivorce is signed.

W-6. All policies of life insurance (including cash values) insuring the wife’s life.

W-7. Tl~e 2013 Jeep motor vehicle, vehicle identification number

lC4BJWEG1DL~08612, together with all prepaid insurance, keys, and title documents.

IT IS OaDERED that RESPONDENT is to deliver the 2013 Jeep key on or before

October 1, 2014~at 5:00 p.m. to the Law Offices of Barbara Dickerson, 8212 Ithaca, Suite I,

Lubbock, Texas 79423.

W-8. A~ future payments from Rodney W. Riordan and Yvonne G. Riordan on the

Promissory Noteilated September 15,2012 from the sale of property.

W-9. All monies held in the Trust Account of Barbara Dickerson for the benefit of

Bobbye Hmcirik~ndIor Brentley Wayne Hrncirik.

W-1 0. The Petitioner’s Grandfather’s gun, Petitioner’s Grandmother’s quilt and

Petitioner’s Fath~r’s smoker grill currently in Respondent’s possession. IT IS ORDERED that

Final Decree of Divorce — Hrncirik Page 4 of 9
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RESPONDENT Ls to deliver said items on or before October 15, 2014 at 6:00 p.m. to the Law

Office of David Martinez so that PETITIONER can then get her items.

W-1 1. The Camper, together with all prepaid insurance, keys, and title documents.

Division of Debt

Debts to Husband

IT IS ORDERED AND DECREED that the husband, BRENTLEY WAYNE

HRNCIRIK, shall pay, as a part of the division of the estate of the parties, and shall indeninif~’

and hold the wife~ and her property harmless from any failure to so discharge, these items:

H-i. The balance due, including principal, interest, tax, and insurance escrow, on the

promissory note~ executed by BOBBYE GAIL HRNCIRIK and BRENTLEY WAYNE

HRNCIRIK, in tile original principal sum of and secured by deed of trust on the mobile home

(trailer) awarded in this decree to the husband above under 11-1, which is recorded in the Deed

Records of Baykr County, Texas. State National Bank Loan #5503817-52908. Wife is

indemnified and iks released from any and all liability or responsibility for this debt.

H-2. TWe balance due, including principal, interest, tax, and insurance escrow, on the

promissory note~ executed by BOBBYE GAIL HRNCIRJK and BRENTLEY WAYNE

HRNCIRIK, in the original principal sum of and secured by deed of trust on the real property

awarded in this decree to the husband above under H-2, which is recorded in the Deed Records

of Baylor Count~k Texas. State National Bank Loan #5503817-52908. Wife is indemnified and

is released from &y and all liability or responsibility for this debt. .. I

H-3. Tile balance due, including principal, interest, and all other charges, 2014 Ford

Fl 50 motor vehible awarded to husband. Wife is indemnified and is released from any and all

liability or responsibility for this debt.

H-4. The balance due, including principal, interest, and all other charges, on the 2006

Harley DavidsontMotorcycle, financed with ______ Loan #____________ awarded to husband.

Wife is indemnified and is released from any and all liability or responsibility for this debt.

H-S. The balance due, including principal, interest, and all other charges, on the

Vanderbilt Trail~, financed with Vanderbilt Mortgage and Finance, Loan #1075749, awarded to

husband. Wife i4 indemnified and is released from any and all liability or responsibility for thiá

debt.

H-6. Tile balance due, including principal, interest, and all other charges, on the Polaris

Final Decree of Divorcb — Hrncirik Page 5 of 9
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Ranger 500 Crew ATV, financed with City Bank, Loan #3813718, awarded to husband. Wife is

indemnified and is released from any and all liability or responsibility for this debt.

H-S. The following debts, charges, liabilities, and obligations:

a. State National Bank, Account #5502985-52725 for Respondent’s child

support loan

b. State National Bank, Account #5501512-52780 for miscellaneous. Wife

shall pay $20,000 of this note for the 2013 Jeep

c. State National Bank, Account #5501512-52972 for the John Deere

Loader, and Standard Duty Box Blade

d. John Deere, Account for the John Deed 3032E Compact Utility Tractor

e. 5 Graceland Portable Buildings, RTO Agreement dated October 3, 2013 for

the 12x24 Garage

Wife is indemnified and is released from any and all liability or responsibility for these

debts.

H-9. All debts, charges, liabilities, and other obligations incurred solely by the husband

from and after September 21, 2013 unless express provision is made in this decree to the

contrary.

H-b. Any debt in Husband’s name that is not specifically awarded in this decree and

wife is indemnified and is released from any and all liability or responsibility for such debt.

Debts to Wife

IT IS ORDERED AND DECREED that the wife, BOBBYB GAIL HRNCIRIK, shall

pay, as a part of the division of the estate of the parties, and shall indemnify and hold the

husband and his ~roperty harmless from any failure to so discharge, these items:

W- 1. The following debts, charges, liabilities, and obligations:

a. Chase Visa, Account number 1754

b. :~ Ciii Platinum, Account number 1476

c. ¶ Citi Platinum, Account number 3562

d. 20,000.00 of State National Bank Account #5501512-52780 for the 2013

Jeep motor vehicle awarded to wife above as W-7.

W-2. TIle balance due, including principal, interest, and all other charges, on the

Final Decree of Divore — Hmcirik Page 6 of 9
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Camper, financed with Bank of America, Loan #59202018695493 awarded to wife above as W

11.

W-3. All debts, charges, liabilities, and other obligations incurred solely by the wife

from and after September 21, 2013 unless express provision is made in this decree to the

contrary.

Notice I

IT IS ORDERED AND DECREED that each party shall send to the other party, within

three days of its receipt, a copy of any correspondence from a creditor or taxing authority

concerning any pbtential liability ofthe other party.

Attorney’s Fees

To effect hn equitable division of the estate of the parties and as a part of the division;

each party shall I~e responsible for his or her own attorney’s fees, expenses, and costs incurred as

a result of legal representation in this case.

TreatmenflAllocation of Community Income for Year ofDivorce

IT IS ORt)ERED AND DECREED that, for the calendar year 2014, each party shall file

an individual incàme tax return in accordance with the Internal Revenue Code.

IT IS OIkDERED AND DECREED that for calendar year 2014, each party shall

indemnil~’ and hbld the other party and his or her property harmless from arty tax liability

associated with die reporting party’s individual tax return for that year unless the parties have

agreed to allocatd their tax liability in a manner different from that reflected on their returns.

IT IS ORDERED AND DECREED that each party shall furnish such information to the

other party as is ~requested to prepare federal income tax returns for 2014 within thirty days of

receipt of a writt4n request for the information, and in no event shall the available information be

exchanged later than March 1, 2015. As requested information becomes available alter that date,

it shall be provid~d within ten days of receipt.

IT IS OIkDERED AND DECREED that all payments made to the other party in

accordance with the allocation provisions for payment of federal income taxes contained in thi~

Final Decree of bivorce are not deemed income to the party receiving those payments but are

part ofthe prope/ty division and necessary for a just and right division ofthe parties’ estate.

Court Costs

IT IS ORBERED AND DECREED that costs of court are to be borne by the party who

Final Decree of Divorth — Hmcirik Page 7 of 9

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incurred them.

Resolution ofTeihporary Orders

IT IS ORDERED AND DECREED that Petitioner and Respondent are discharged from

all further liabilities and obligations imposed by the temporary order of this Court rendered on

March 6,2014.

Discharge from Discovery Retention Requirement

IT IS ORDERED AND DECREED that the parties and their respective attorneys are

discharged 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.

Clarifring Order&

Without ~Lffecting the finality of this Final Decree of Divorce, this Court expressly

reserves the righttto make orders necessary to clari& and enforce this decree.

ReliefNot Granted

IT IS ORPERED 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 processe~

necessary to enfclrce this judgment issue. This judgment finally disposes of all claims and all

parties and is ap~èalable.

Date ofJudg,nenl

This divdrce judicially PRONOUNCED AND RENDERED in court at Lubbock,

Lubbock County; Texas, on August 29, 2014 and further noted on the court’s docket sheet on the

samedate,butsi~nedon (~yP}. Icf*

JUDGE PRESIDING

Final Decree of Divorce — Hrncirik Page 8 of 9
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APPROVED AS TO FORM ONLY:

By:_______________________________

Barbara Dickerson

Attorney for Petitioner

State Bar No. 05821700

E-Mail: j .davidson@nts-online.net

By:

David Martin~z

Attorney for Respondent

State Bar No; 13141650

E-Mail: dmtzlaw@aol.com

Final Decree of Divorce — Hrncirik Page 9 of 9
Find I 1ffi11014 ZI5:OO PM

Bsrbwa&icsy

D~d C~*

Lubbock Ccwity, T~

CF

NO.2111-3-509.724 3~..sflfl fl L~

IN 11W MAfl’ER OF IN COUNTY COURT AT LAW

INK MARRL&GE OF

BOBBYE GAllS HRNCIRIK § NUMBER TWO

AND

BflNTLEY WAYNE URNCIRLK § LUBBOCK COUNTY, TEXAS

Finding. of Fact ad Condualoni ofLaw

The Court hereby makes and files the fbllowing as original Findinga of Fact ~d

Conclusions of Law in accordance with rules 297 of the Texas Ride; of Civil Procedure and in

support of the Final Decree of Divorce signed cm October 1, 2014.

Finding. ofFact

1. The trial on the xrit in this case occurred on August 29, 2014 bcb’e the Honorable

Drue Farmer.

2. The divorce was granted on the grounds of insuppcflbility and adultery.

3. The Final Decree of Divorce between Bobbye Gail Urucirik and Brcntley Wayne

Hzncirik was ~ignad October 1,2014.

4. Brentley Wayne lTncirik filed his ResponAent’s Request Z,r Findings of Facts and

Criusions ofLaw cm October21, 2014b

5. The Fina’ Decree of Divorce swasded Bobbyc Gail Hrncirik property in her possession,

the 2013 Jeep and Camper not in her pozsessiai but in another’s possession by virtue of

Brently Wayne llrncirik having t.ns&rr’ed it.

6. The Final Decree of ifivoite 6zrth~ awarded Bobbye Gall l{rncirik her retiremexrt, 52%

of Br~it1ey Wayne Hmcirifl retheintmt, hj~ life insurance policies, future psymenfa on

the Promissory Note dated Svptanber 15, 2012, all monies held in the Trust Account of

Barbara Dickerson, her grandThthefl gun, grandniothefl quilt and fathWs smnices grilL

7. The Final Decree of Divorce awarded Brentley Wayne Hrncirlk propaty in his

possession, including the 2014 Ford F150, 2006 Harley-Davidson. motottycle, Vanderbilt

trailer, Polaris Ranger 500 Crew ATV, the golf cart, the boat, the trailer, the John Deere

3032E Compact Utility Tractor, Graceland Portable Garage, and trailer from Gary.

S. The Final Decree of Divorce further awarded Br~ntloy Wayne Hmcirik the pieces of

property inBaylor County, Texas, 4&% ofhis retir~ent, and his liftinaurtce policies.

Fbcthigs ofibot .4 Cccdusi,is ofLaw — Kmvfrik Pigo tofd

50
9. The Final Decree of Divorce awarded Bobbye Gail Hrncirik the Chase Visa 1754 debt,

the Citi PLatinum 1476 debt, the Citi Platinum 3562 debt, $20,000 ofthe State National

Bank 2780 debt for the 2013 Jeep, the Camper debt and all debt in her name from and

after September 21,2013.

10. The Final Decree of Divorce awarded Brentley Wayne Hmcirik the State National Bank

2725 debt, the State National Bank 2780 debt less $20,000 awarded to Bobbye Gail

Hrncirik, the State National Bank 2972 debt, the John Deere debt the Graceland Portable

Buildings debt, and all debt in his name from and after September 21,2013.

11. Contrary to the Court’s Scheduling Order, Brentley Wayne Hmcirik did not present an

Inventory and Appraisement either prior to or during the final hearing in this case.

12, Further contrary to the Court’s Scheduling Order, Brentley Wayne Hrncirik did not

present a proposed Disposition ofProperty and Debt.

13. Bobbyc Gail Hrncirilc presented in Court, Petitioner’s Inventory and Appraisement of

Petitioner Bobbye Gail Hrncirilc.

14. Bobbye Gail flrncirik further presented in Court her proposed disposition ofproperty and

debt

15. Taking into consideration the evidence presented, the Court awarded a disproportionate

share of the property and debts between the parties based on fault in the breakup in the

marriage by Brentley Wayne Hmcirik.

16. The Court also heard Bobbye Gail Urncirik Motion for Enforcement at the same time

which alleged multiple violations ofthe temporary orders.

17. Taking into consideration the evidence presented, the Court found that Brentley Wayne

Hincirik violated the following provisions of the Temporary Orders:

Violation 1. Brentley Wayne Hmcirik fkiled to pay the Bank of America

camper payment for the month of March 2014 in the amount of

$580.00.

Violation 2. Brentley Wayne Hrncirik failed to pay the Bank of America

camper payment for the month of April 2014 in the amount of

$580.00.

Violation 3. Brentley Wayne Hmcirik failed to pay the Bank of America

camper payment for the month of May 2014 in the amount of

$580.00.

Violation 4. Brentley Wayne Hmcirik failed to pay the Bank of America

camper payment for the month of June 2014 in the amount of

Findings ofFact and Conclusions ofLaw — Hrncirik Pagc 2 of4

51
$580.00.

ViolationS. Brentley Wayne Hmcirilc thiled to pay the Bank of America

camper payment for the month of July 2014 in the amount of

$580.00.

Violation 6. Brentley Wayne Hmcirik failed to pay the Bank of America

camper payment for the mouth of August 2014 in the amount of

$580.00.

Violation 7. Brentley Wayne Hrncirik failed to deposit the lake propell3r rent

cheeks into a trust account for the months of March 2014 in the

amount of $769.00.

Violation 8. Brentley Wayne Hrncirik failed to deposit the lake property rent

cheeks into a trust account for the months of April 2014 in the

amount of $769.00.

Violation 9. Brentley Wayne Hrncirik failed to deposit the lake property rent

checks into a trust account for the months of May 2014 in the

amount of $769.00.

Violation 10. Brentley Wayne Hincirilc failed to deliver the Jeep keys.

Violation 11. Brentley Wayne Hrncirik failed to reimburse Bobbye Gail Hmcirik

one-half the cost of repairs, maintenance, and preparation for

selling the residence in the amount of S 1,789.84.

18. The findings of fact are based on the evidence presented, including but not limited to the

conflicting testimony and credibility of the witnesses and the willful violation of the

Court’s Temporary Orders.

Conclusions of Law

The pleadings filed by Bobbye Gail Urnoirik are in due form and contain all the

allegations required by law.

2. No counterpetition was filed by Brentley Wayne Hmcirilc.

3. The Court takes judicial notice of all pleadings, order and documents in the Court’s file.

4. This Court has jurisdiction over the parties in this action.

5. All necessary parties were present at the hearing.

6. This Court has continuing, exclusive jurisdiction over this cause of action.

Findings ofFact and Conclusions ofLaw — Hrncirik Page 3 of4

52
7. This Court has continuing, cx 1usivcjudsdic~ over~subject mattet’ ofthis suit.

8. ‘There was insufficia ot limited evid~c present by Rrcttley Wayne Hmcirik n to

pmpty chractedzation and vaht.

9. Evid~c as to pwpaty chancttrizalion sM value was primrily provIded by Bobbyt

Gail HnwiñL

I (k The diviiiun of the ~operty of P~ithma and Respondent cfiixbd by the final jud~t

~di.propoffia

11. Any vcmglusion oflaw that ii detamincd to bet finding offact ahall be dc~ied a finding

offact

15. Any finding of &ct that is delermined to bD a cncluaioo of law ibfl be deemed a

conclusion oflaw.

SIGNEDon NOV. 5th1 2014 r

JUDGE PRESIDING

Pimlings ofPit~d~chithrs uftaw—Hniã4k P’ga4of4

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