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Pinkus–Original Petition for Divorce 1

NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA

NO. 43,647

IN THE MATTER OF § IN THE DISTRICT COURT

THE MARRIAGE OF §

§

ALLISON GELBE-PINKUS §

AND § 510TH JUDICIAL DISTRICT

MARK PINKUS §

§

AND IN THE INTEREST OF §

TODD PINKUS, THOMAS PINKUS

AND LUCY PINKUS, CHILDREN

§

§

DENTON COUNTY, TEXAS

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. Objection to Assignment of Case to Associate Judge

Petitioner objects to the assignment of this matter to an associate judge for a trial on the

merits or presiding at a jury trial.

3. Parties

This suit is brought by ALLISON GELBE-PINKUS, Petitioner. The last three numbers

of Petitioner’s driver’s license number are 274. The last three numbers of Petitioner’s Social

Security number are 397.

MARK PINKUS is Respondent.

4. 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.

5. Service

Process should be served on Respondent at 2300 California Street, Unit 2301, San

Francisco, California.


6. Long-Arm Jurisdiction

Respondent is a nonresident of Texas. Petitioner is a resident or a domiciliary of Texas at

the commencement of this suit. Texas is the last state in which marital residence between

Petitioner and Respondent occurred, and this suit is filed before the second anniversary of the

date on which marital residence ended.

Respondent has resided in Texas with Todd Pinkus and Thomas Pinkus, children who are

the subject of this suit.

Respondent engaged in sexual intercourse in Texas, and Lucy Pinkus, a child who is the

subject of this suit, was conceived by that act of intercourse.

7. Protective Order Statement

No protective order under title 4 of the Texas Family Code, protective order under

chapter 7A of the Texas Code of Criminal Procedure, or order for emergency protection under

article 17.292 of the Texas Code of Criminal Procedure is in effect in regard to a party to this suit

or a child of a party to this suit, and no application for any such order is pending.

8. Dates of Marriage and Separation

The parties were married on or about December 27, 2008 and ceased to live together as

husband and wife on or about June 1, 2018.

9. Grounds for Divorce

The marriage has become insupportable 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.

10. 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: THOMAS PINKUS

Sex: Male

Birth date: March 1, 2013

Name: TODD PINKUS

Sex: Male


Name: LUCY PINKUS

Sex: Female

Birth date: November 5, 2018


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 152.209 of the Texas Family Code is provided in the

affidavit attached as Exhibit 1.

Information required by section 154.181(b) and section 154.1815 of the Texas Family

Code is provided in the statements attached as Exhibits 2 and 3.

No property of consequence is owned or possessed by the children the subject of this suit,

beyond savings accounts established for college tuition.

Petitioner believes that Petitioner and Respondent will enter into a written agreement

containing provisions for conservatorship of, possession of, access to, and support of the

children. If such an agreement is made, Petitioner requests that the Court approve that agreement

and adopt it as the Court’s order. If such an agreement is not made, Petitioner requests the Court

to make orders for conservatorship of, possession of, access to, and support of the children, as

follows:

Petitioner and Respondent, on final hearing, should be appointed joint managing

conservators, with all the rights and duties of a parent conservator.

11. Division of Community Property

Petitioner believes Petitioner and Respondent will enter into an agreement for the

division of their community estate. If such an agreement is made, Petitioner requests the Court

to approve the agreement and divide their community estate in a manner consistent with the

agreement. If such an agreement is not made, Petitioner requests the Court to divide their

community estate in a manner that the Court deems just and right, as provided by law.

12. Separate Property

Petitioner owns certain separate property that is not part of the community estate of the

parties, and Petitioner requests the Court to confirm that separate property as Petitioner’s

separate property and estate.

13. Request for Temporary Orders Concerning Use of Property

Petitioner requests the Court, after notice and hearing, for the preservation of the property

and protection of the parties, to make temporary orders and issue any appropriate temporary

injunctions respecting the temporary use of the parties' property as deemed necessary and

equitable, including but not limited to the following:

Awarding Petitioner the exclusive use and possession of the residence located at 5400

Hwy 455, Little Elm, Denton County, Texas 76258, as well as the furniture, furnishings, and

other personal property at that residence, while this case is pending, and enjoining Respondent

from entering or remaining on the premises of the residence and exercising possession or control

of any of this personal property, except as authorized by order of this Court.


Awarding Petitioner exclusive use and control of the 2018 Toyota Highlander and

enjoining Respondent from entering, operating, or exercising control over it.

14. 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

residence of the children.

Ordering Respondent to provide support for the children, including the payment of child

support and medical and dental support in the manner specified by the Court, while this case is

pending.

Ordering reasonable periods of electronic communication between the children and

Petitioner to supplement Petitioner's periods of possession of the children.

Awarding Petitioner the exclusive right to enroll the children in school.

Restricting the primary residence of the children to Denton County, Texas.

15. Request for Interim Attorney’s Fees and Temporary Support


and protection of the parties, to make temporary orders and issue any appropriate temporary

injunctions regarding attorney’s fees and support as deemed necessary and equitable, including

but not limited to the following:

Petitioner requests that Respondent be ordered to pay reasonable interim attorney’s fees

and expenses, including but not limited to fees for appraisals, accountants, actuaries, and so

forth. Petitioner is not in control of sufficient community assets to pay attorney’s fees and

anticipated expenses.

Petitioner has insufficient income for support, and Petitioner requests the Court to order

Respondent to make payments for the support of Petitioner until a final decree is signed.

Petitioner requests that Respondent be ordered to pay estimated income taxes on the due

dates as required by the Internal Revenue Service and under the Social Security numbers of both

Petitioner and Respondent.

Petitioner requests that Respondent be ordered to pay any ad valorem taxes and insurance

premiums as due on the properties of the parties.


16. Request for Temporary Orders for Discovery and Ancillary Relief


and protection of the parties, to make temporary orders for discovery and ancillary relief as

deemed necessary and equitable, including but not limited to the following:

Ordering Respondent to provide a sworn inventory and appraisement of all the separate

and community property owned or claimed by the parties and all debts and liabilities owed by

the parties substantially in the form and detail prescribed by the Texas Family Law Practice

Manual (3rd ed.), form 7-1.

Ordering the parties to participate in an alternative dispute resolution process before trial

of this matter.

17. Notice Regarding Standing Order of Denton County. Texas

Petitioner hereby provides notice to Respondent that, effective January 11, 2017, the

Denton County District Courts have issued the Denton County Standing Order Regarding

Children, Property and Conduct of the Parties (the "Standing Order"), which applies in every

divorce case and every suit affecting the parent-child relationship filed in Denton County,

Texas. A true and correct copy of this Standing Order is attached as Exhibit 4 to this Original

Petition for Divorce and is incorporated herein as if set forth verbatim.

18. Request for Change of Name

Petitioner requests a change of name to ALLISON GELBE.

19. Rule 194 Requests for Disclosure

Pursuant to Rule 194, you are requested to disclose, within 50 days of service of this

petition, the information or material described in Rule 194.2(a)-(f), (h), and (i).

20. Attorney’s Fees, Expenses, Costs, and Interest

It was necessary for Petitioner to secure the services of the law firm of Hays, Haston &

Wrampelmeier, licensed attorneys, 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 attorneys and be ordered paid directly to

Petitioner’s attorneys, who may enforce the judgment in the name of the firm. Petitioner requests

postjudgment interest as allowed by law.

21. 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 Petitioner’s name be changed as requested above.

Petitioner prays for attorney’s fees, expenses, costs, and interest as requested above.

Petitioner prays for general relief.

Respectfully Submitted,

Hays, Haston & Wrampelmeier

1850 Sycamore Street,

Denton, Texas 76025

Tel: (xxx) xxx-xxxx

Fax: (xxx) xxx-xxxx

E-mail: [email protected]

By: /s/ Christopher K. Wrampelmeier

Christopher K. Wrampelmeier

State Bar No. 00788721

Attorney for ALLISON GELBE-PINKUS,

Petitioner


EXHIBIT 1

DECLARATION FOR UCCJEA INFORMATION

My name is Allison Gelbe-Pinkus. I am above the age of eighteen years, and I am fully

competent to make this declaration. The facts stated in this declaration are within my personal

knowledge and are true and correct.

I am the Petitioner in this case.

The present address of Allison Gelbe-Pinkus and Lucy Pinkus is 5400 Hwy 455, Little

Elm, Denton County, Texas 76258.

The present address of Mark Pinkus, Todd Pinkus, and Thomas Pinkus is 2300 California

Street, Unit 2301, San Francisco, California 94123.

To the best of Petitioner’s knowledge, the present address of Nancy Poe is 2300

California Street, Unit 2301, San Francisco, California 94123.

For the past five years immediately preceding the date of this declaration, the children

have lived at the following addresses with the following persons:

Todd Pinkus and Thomas Pinkus

Address: 5400 Hwy 455, Little Elm, Denton County, Texas 76258

Persons lived with: Allison Gelbe-Pinkus and Mark Pinkus

Date: March 1, 2013 - June 1, 2018.

Address: 5400 Hwy 455, Little Elm, Denton County, Texas 76258 and 2300 California

Street, Unit 2301, San Francisco, California 94123 (alternating weekly)

Persons lived with: Allison Gelbe-Pinkus (in Denton); Mark Pinkus and Nancy Poe (in San

Francisco)

Date: June 1, 2018 – August 10, 2018.

Address: 2300 California Street, Unit 2301, San Francisco, California 94123

Persons lived with: Mark Pinkus and Nancy Poe

Date: August 10, 2018 – December 3, 2018.

Lucy Pinkus

Address: 5400 Hwy 455, Little Elm, Denton County, Texas 76258

Persons lived with: Allison Gelbe-Pinkus

Date: November 5, 2018 – December 3, 2018.

I have not participated, as a party or as a witness or in any other capacity, in any other

proceeding concerning the custody of or visitation with the children in Texas or any other state.

I do not know of any proceeding that could affect this proceeding, including proceedings

for enforcement and proceedings relating to domestic violence, protective orders, termination of

parental rights, and adoptions.


I do not know of any person not a party to this proceeding who has physical custody of

the children or claims rights of legal custody or physical custody of, or visitation with, the

children.

/s/ Allison Gelbe Pinkus

Allison Gelbe-Pinkus

My name is Allison Gelbe-Pinkus, my date of birth is xx/xx/xxxx, and my address is

5400 Hwy 455, Little Elm, Denton County, Texas 76258. I declare under penalty of perjury that

the foregoing is true and correct.

Executed in Denton County, Texas, on December 3, 2018.

/s/ Allison Gelbe-Pinkus

Allison Gelbe-Pinkus, Declarant


EXHIBIT 2

STATEMENT OF HEALTH INSURANCE AVAILABILITY

This statement is made by Allison Gelbe-Pinkus, Petitioner, in accordance with section

154.181 of the Texas Family Code.

1. Children

The following children are the subject of this suit:

Name: Todd Pinkus


Name: Thomas Pinkus


Name: Lucy Pinkus


2. Health Insurance Availability

Private health insurance is in effect for the children, Todd Pinkus, Thomas Pinkus and

Lucy Pinkus.

Name of insurance company: BlueCross BlueShield

Policy number: XXXXXX1234

Party responsible for premium: Mark Pinkus, a parent, through his employment

Monthly cost of premium: $300.00

Date: December 3, 2018.




EXHIBIT 3

STATEMENT OF DENTAL INSURANCE AVAILABILITY

This statement is made by Allison Gelbe-Pinkus, Petitioner, in accordance with section

154.1815 of the Texas Family Code.

1. Children

The following children are the subject of this suit:

Name: Todd Pinkus


Name: Thomas Pinkus


Name: Lucy Pinkus


2. Dental Insurance Availability

Private dental insurance is in effect for the children, Todd Pinkus, Thomas Pinkus and

Lucy Pinkus.

Name of insurance company: Golden Gate Dental Insurance Co.

Policy number: XXXXXX6789

Party responsible for premium: Mark Pinkus, a parent, through his employment

Monthly cost of premium: $90.00

Date: December 3, 2018.




EXHIBIT 4

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