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HomeMy WebLinkAbout00-04795 - " ~ ~ "_ " '0- .. t JANETTE W. REDMAN, * CIVIL SPECIAL NO. 40,664 PLAINTIFF * 00-4795 C"v((T~ IN THE CIRCUIT COURT FOR VS. * JOHN W. REDMAN * WASHINGTON COUNTY MARYLAND DEFENDANT. * JUDGMENT FOR DIVORCE The aforegoing matter having been read and considered, it is \ 1-\:;,~y of l=' ~ MO. ";1 1989, by the thereupon this Circuit Court for Washington County, Maryland 'bc.-r-.-.J::.A~ _'oHtJ \1'1, ADJUDGED, ORDERED and DECREED that the PlliluLH, J~:NEln: 1'1. ?\:a.:'^....:~-'i" REDMAN, be and is hereby divorced absolutely from the ];)efeflaal.t, ...IAr.lel"t~w'. ....... -te..-..... -LD_ ~ t~t:'o... JDlIU ;;t,. REDMAN and it is further 0 Rll"...E]) ... -r""'- p Als.l....~l!. 1>r"Dr:tr. -t-;I.J.. 10'1 Pl;u,-,-t:f~ bf ~ i~ 1.\...el,'t d.is""'ts~ed.,~.;t~!. ~........-te...,~ ORDERED and ADJUDGED that the provisions of the Property Settlement and Separation Agreement of the parties, dated the 10th day of November, 1988, be and the same are hereby incorporated into this Judgment for Divorce and made a part hereof, and the parties are hereby directed to be bound thereby, and it is further ORDERED and ADJUDGED that the Defendant, John W. Redman, shall have the care, custody and control of the minor child of the parties, namely, Eric Murray Redman, and it is further ORDERED and ADJUDGED that the Court costs of this proceeding shall be paid by Redman. TRUE TEST~ ,~ ' bY~ ~ Dennis J. aver, Clerk FILED Copy Frs 21 4 05 PIl '89 ['LrildS J. IEAVEfi. CLERI( ay, --' t;" PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this /O-I-IL day of /J~ 1988, by and between JOHN W. REDMAN, hereinafter referred to as "Husband," and JANETTE W. REDMAN, hereinafter referred to as "Wife..1I WITNESSETH: WHEREAS, the parties hereto were married on the 13th day of September, 1964, by a religious ceremony in Meggett, South Carolina. WHEREAS, certain differences have arisent between the parties hereto and they are irreconcilable and the parties hereto are desirous of living separate and apart voluntarily in the future, and are not as of the date of this Agreement living together, having separated as of February 24, 1987, with the purpose and intent of ending their marriage. WHEREAS, it is the mutual desire of the parties in this Agreement to formalize their voluntary separation and to settle all questions pertaining to maintenance, support, alimony, counsel fees, their respective rights in the property or estate of the other, and in property owned by them jointly, or as tenants by the entireties and in marital property, and all matters of every kind and character arising from their marital relationship. NOW, THEREFORE, in consideration of the premises and mutual covenants and understanding, each of the parties do hereby covenant and agree as follows, all as of the effective date hereof. ,.._~ ~'.k.'c : 1. NO WAIVER:' Nothing contained in this Agreement shall be construed as a waiver by either of the parties of any ground for divorce either of them may now or hereafter have against the other, the same being hereby expressly reserved. 2. SEPARATE LIVES: The parties having heretofore mutually agreed to separate and voluntarily live separate and apart, in separate places of abode, without any cohabitation, and do, hereby agree to continue to live separate and apart, free from interference, authority and control by the other, as if each were sole and unmarried, and each may conduct, carryon and engage in any employment, business or trade which to him or her shall seem advisable for his or her sole and separate use and benefit, without and free from any control, restraint or interference by the other party in any and all espects as if each were unmarried. Neither of the parties hereto shall molest, or annoy the other or seek to compel the other to cohabit or dwell with him or her by any proceedings or restoration of conjugal rights or exert or demand any right to reside in the home of the other. 3. RELEASES AND FURTHER ASSURANCES: A. Except as otherwise provided herein, each of the parties hereto, for himself or herself and his or her respective heirs, personal representatives and assigns, grants, remises and releases to the other, any and all rights or interest which he now has or may hereafter acquire in the real, personal or other property of the other. Each of the parties agrees to execute and -2- ~~i~:~: ~" deliver any and ~ll deeds, releases, quit-claims, or other instruments as from time to time may be necessary or convenient to enable the other party to deal with his property as if he or she were unmarried. Each of the parties releases all claims and demands of any kind or nature against the other party, including all interests incident to the marriage relation now or at any time hereafter existing or occurring in the property or estate of the other party, or in marital property, either statutory or arising at common law, specifically including all claims, demands and interests arising under Chapter 794, (1978) Laws of Maryland, Annotated Code of Maryland, Section 8-201 et. seq., (Family Law, 1984) (formerly Annotated Code of Maryland, Courts and Judicial Proceedings, Section 3-6A-Ol through 3-6A-07), as from time to time amended, specifically including any right to act as the other'.s personal representative. It is the intention of each and both parties that during their respective lifetimes they may deal with their separate estates as if they were unmarried and that upon the death of either, the property, both real and personal, then owned by them, shall pass to his Will or under the laws of descent as the case might be, free from any right of inheritance, title or claim in the other party as if the parties at such time were unmarried. B. In furtherance of the preceding paragraph, and other paragraphs contained in this Separation Agreement, each party hereby waives, releases and relinuqishes unto the other all -3- . ~=' ~f~ - ~ ~~ rights or claims growing out of said marriage between them and each shall be forever barred from any and all rights in the estate of the other, whether real, personal or mixed and whether now or hereafter acquired, and each will, upon request of the other execute good and sufficient release of dower or courtesy to the other, or their heirs, or assigns, personal representatives or enjoined upon request, with said party to this Agreement, or his or her assigns, executing any deed or deeds to any real property nOW or hereafter acquired or owned by the other spouse, all at the expense of the spouse so requesting. C. Except as otherwise provided herein, each of the parties hereto, for himself or herself and his or her respective heirs, personal representatives and assigns, release all claims, demands, and interests arising under the Marital Property Act, Chapter 794 (1978), Laws of Maryland, Annotated Code of Maryland, Courts and Judicial Proceedings, Section 3-6A-Ol through 3-6A- 07), as amended from time to time, including but not limited to, any claim to use and possession of the family home, vested or non-vested pension plans, retirement plans, or stock option plans, or profit sharing plans, if any; any claim to use and possession of family use or personal property, if any; any claim to marital property, if any, and any claim to a monetary award as an adjustment of the equities and rights of the parties concern- ing marital property. -4- - ~ . ~ 4. WAIVER OF PENSION: The parties mutually agree that they waive and release any and all interest that they may have in the other's pension through their employment, past, present or future. 5. PERSONAL PROEPRTY: A. The Husband and Wife agree that they have heretofore settled all disputes, except as otherwise set forth herein, as to household furnishings, tangible personal property, and both agree that neither shall make a claim on the other as to said items that each have agreed to and each now possess. It is agreed by and between the parties that each shall be and remain the sole and exclusive property of the respective parties hereto free and clear of any interest of each other. Each party shall retain as his or her sole and separate property, any automobiles, stocks, bonds, or other securities, savings, or checking accounts, and any other assets of any kind or nature in his or her possession or in his or her name, free and clear of any interest of the other except as agreed upon herein. C. The Husband and Wife further agree that each shall own and have and enjoy, independent of any claim or right to each other, all wearing apparel, personal ornaments or other personal property belonging to each other and now in their possession, custody or control, or titled in their respective names. -5- , ' ~ . 6. DEBTS: A. Except as otherwise herein agreed, Husband and Wife agree that each party shall assume all responsibility for the debts contracted by himself or herself after the date of separation, and each shall hold and save the other harmless from any and all liability therefor. From and after the date of this Agreement, Husband and Wife covenant and agree that they will not pledge or attempt to pledge the credit of the other, nor shall they contract or attempt any debts or obligations in the name, or on behalf of the other, as to any debts or obligations incurred or contracted by them from and after the date of this Agreement, and each shall be responsible for his or her own debt or liability, and shall hold and save the other harmless and indemnify the other, from any such debts or obligations. C. The parties hereto agree that no further debt from the date of separation has been or shall be contracted in the name of the other party, and to hold the other harmless in the event of a breach of this paragraph. The parties further agree that neither party shall charge nor cause or permit to be charged to or against the other any purchase or purchases which either of them may hereafter make, and shall neither hereafter secure nor attempt to secure any credit upon or in connection with the other, or in his or her name, and each of them shall promptly pay all debts and discharge all financial obligations which may incur -6- - . -' -~ ~~~, -. for himself or herself. Each shall hold the other harmless as set forth in the paragraphs of this Agreement. 7. MEDICAL INSURANCE: It is hereby agreed between the parties that each shall maintain and carry their own medical insurance if they are desirous of doing so. The parties further agree that neither shall be responsible for any medical bills incurred by the other. 8. CUSTODY AND VISITATION: The Husband shall have the care, custody parties hereto agree that and control of the minor child of the parties, namely, ERIC MURRAY REDMAN, (born 4/24/74), and Wife shall have reasonable rights of visitation upon reasonable advance notice being given to Husband. 9. ALIMONY: The Husband and Wife, each and both of them, shall and do hereby waive any right to alimony, support and maintenance, that may be due in the past, or at this time, or in the future, each unto the other, and hereby covenant and agree that they will not claim now or in the future, any sums of money for themselves for alimony, support and/or maintenance, either permanent or pendente lite. 10. INCOME TAX: It is agreed that the parties shall file separate Federal and State Income Tax Returns for the calendar year 1988. In the event that the parties shall agree to file joint Federal and State Income Tax Returns for the calendar year 1988, then and in such event, the parties agree to pay the cost -7- lL~~.", of preparing such ~ax returns and to pay all of the taxes due thereon pro rata, in the same proportion that their respective incomes bear to the total gross income for Federal Income Tax purposes in such year, making whatever adjustments between themselves as necessary to reflect withholding, any balances due. In the event of any refund, the parties mutually agree that they will divide same equally between themselves. Each party will save and hold the other harmless of and from all claims for taxes, interest, additions to taxes, penalties and expenses in connection with his own income and deductions. 11. RELEASE OF CLAIMS: Subject to and except for the pro- visions of this Agreement, each party is released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights or demands, whatsoever in law or in equity, which either of the parties ever had or now has against the other, except any and all cause or causes of action for divorce. Except as provided in this Agreement, neither party shall incur any liability on behalf of the othr or make any charge against any account on which the other is liable, and each party covenants and agrees to indemnify the other and save him or her harmless from any liability of any obligation incurred by him or her in accordance with this Agreement. -8- - '."..'1 12. COUNSEL FEES: Both Husband and Wife agree that they shall pay their own counsel fees incurred by themselves in connection with this matter. Husband has retained Edward L. Kuczynski, KUCZYNSKI & KUCZYNSKI, P.A., as his counsel in connection with the separation and divorce of the parties. Wife has elected to be retained by Cecilia Paiza, MYERS & YOUNG, P.A. 13. INCORPORATION OF AGREEMENT: With the approval of any Court of competent jurisdiction in which any divorce proceeding may be pending or which may hereafter be instituted, this Agreement will be incorporated divorce which may be passed by in any judgment of absolute said Court. In the event the Court shall fail or decline to incorporate this Agreement or any provision thereof in said judgment, then, and in such event, the parties for themselves and their respective heirs, personal representatives and assigns, agree that they will, nevertheless, abide by and carry out all of the provisions thereof. It is further agreed that, regardless of whether said Agreement or any part thereof is incorporated in any such judgment, the same shall not be merged in said judgment but said Agreement and all terms thereof shall continue to be binding upon the parties and their respective heirs, personal representatives and assigns. 14. ADVICE OF COUNSEL: The parties mutually agree that in entering into this Agreement, each party signs this Agreement freely and voluntarily for the purposes and with the intent of fully settling and determining all of their respective rights and -9- . . obligations growing' out of or incident to their marriage. Each party acknowledges that he or she fully understood the legal import of this Agreement and that each understood that they had the absolute right to be represented by independent counsel of his or her own selection in the negotiation and execution of this Agreement. 15. ENTIRE UNDERSTANDING: This Agreement contains the entire understanding between the parties. No modification or waiver of any of the terms of this Agreement shall be valid unless made in writing and signed by the parties. 16. BINDING EFFECT: As to these covenants and promises, the parties hereto severally bind themselves, their heirs, personal representatives and assigns. 17. SEVERABILITY OF PROVISIONS: If any provision of this Agreement shall be deemed by a Court of competent jurisdiction to be invalid, the remainder of this Agreement shall remain in full force and effect. 18. APPLICABLE LAW: This Agreement shall be construed and governed in accordance with the laws of the State of Maryland. 19. GENDER: Whenever the masculine gender is used herein, it shall also mean the singular and vice-versa where appropriate. IN WITNESS WHEREOF, the said parties hereto have hereunder -10- 1'. ~""".- ,,,;. ..' . r set their hands and' seals the day and date first above written. WITNESS: ~^f(,A$ ~'yn,~ ( SEAL) ~;t;t-LJ W~SEAL) ANETTE W. REDMAN STATE OF~~ COUNTY OF , to-wit : ? ~ay of77n~ 1988, before me, the subscriber, a Notary Public in and for the State and County' aforesaid, personally appeared JOHN W. REDMAN, and made oath in due form of law that the facts and matters set forth in the aforegoing Agreement with respect to the voluntary separation of the parties are true and correct as stated herein and acknowledged and that the said Agreement is in fact his act and deed and he has full understanding thereof. I HEREBY CERTIFY that on this WITNESS my hand and Official Notarial Seal. My commission expires: ;;?- '7-9" NOTARY P Notarial Si>.al Mary E. Whne, Notary Public STATE OF yY}l>n, ~~ , Mechanicsburg Boro, Cumberland County ~ My Commission Expires rob. 9, 1991 COUNTY OF fA JanJ-Ur,a-hn0 , to-wit: -----v-- ,. Member, Pennsylvania Association of Notaries I HEREBY CERTIFY that on this /O<Hc day of fl~ , 1988, before me, the subscriber, a Notary Public in and for the State and County aforesaid, personally appeared JANETTE W. REDMAN and made oath in due form of law that the facts and matters set forth in the aforegoing Agreement with respect to the voluntary separation of the parties are true and correct as stated herein and acknowledged that the said Agreement is in fact her act and deed and she has full understanding thereof. WITNESS my hand and Official Notarial Seal. My commission expires: ~ I, 1CJ9() ~ /1l~ ~ NOTARY PUBLIC -11-