HomeMy WebLinkAbout98-01240
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ADDENDUM 1Q.jJEPARATION AND PROPERTY SE'I"I'L~MEN~' AGREEMENT
THIS AGREEMF:N'[' Made this
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day of June, 1998, by and between
BONITA KELLER (hereinafter referred to as WIFE) ilnd JOSEPH KELLEP.
(hereinafter referred to as HUSBAND);
WI'l'NESSETH:
WHE:REAS, the parties hereto were married on July 25, 1992, in
Calhoun County, Alabama,
WHEREAS, the parties executed a separation
and property settlement agreement on or about August 18. 1997, in which
the parties, desirous of settl:Lng fully and finally their respective
financial and property rights and obligations as between each other
executed said agreement in gOOd faith and intending to be bound.
Whereas, pursuant to Paragraph 13 of that agreement, any and all
modifications or waiver of the provisions of the August 18, 1997
agreement shall be in writing and executed with the same formality as
the original agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual
promises, conveyance and undertakings her",inafter set forth, and for
other good and valuable consideration, receipt of which is hereby
acknowledged by each of the pa:ct1es hereto, Wife and Husband, each
intending to be legally bound, hereby covenant and agree as follows:
1. Indemnification:
Pursuant to Section 3(c) (1) of the parties'
August 18, 1997 agreement, the WIFE has maintained possessIon of the
1995 PontIac Grand Am and has been responsIble for mak1ng the monthly
payments on that vehicle.
The partIes do hereby agree that the WIFE
shall refinance this obligation as soon as she can qualify for such a
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loan, Until such time as this [f) finance is complete, the WIPE shall
indemnify and hold the HUSBAND harrnleBs from any and all liaQ:Ll:lty
arising from the exiBting automobilo Ioah. Upon written confirmation
that the WIPE has secured indopendent financing on this automobile, the
HUSBAND shall execute any and all documents, includlng the title to the
automob:Lle ln order to trans for any and all interest he has :In tho
automobile to thE') WIFE. This agreement shall not affect the WIFE's
existing obligation to pay for automobile lnsurance on said vehlcle,
which shall continue.
2. Custody:
A. The parties shall share legal custody of Michael Joseph
Keller, born December 11, 1993. In sharing legal custody, the parties
recognize that all significant decisions concerning Michael's health,
education, and spiritual upbringing wlll be joint decisions.
B. The parties shall share physical custody of the minor
child. Transfer of custody shall occur at least on a weekly basis. The
date and time of such transfers shall be as the parties mutually agree.
Absent such an agreement between the parties, said transfers shall occur
Bach Priday, no later than 6:30 p.m..
C. Transportation to and from periods of physical custody
with each parent shall be shared between the parties. Absent an
agreement, it shall be the duty of the non-custodial ~arent.
D. The part:Les shall share physical custody of the minor
child on those holidays as they may mutually agree.
E. The terms of this custody agreement are modifiable either
by joint agreement of the parties or by order of Court of competent
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