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HomeMy WebLinkAbout04-4406 HARDIN CIRCUIT COURT DIVISION II CIVIL ACTION NO. 98-CI-00160 STEVEN G. BREWER vs. SEPARATION AGREEMENT REBECCA J. BREWER 'RE: The marriage of STEVEN G. BREWER and REBECCA J. BREWER and the care, custody and control of the parties' one (1) infant child. THIS SEPARATION AGREEMENT is made by and between STEVEN G. BREWER, residing at Fort Knox, Kentucky, hereinafter referred to as "HUSBAND" and REBECCA J. BREWER, residing at Savannah, Georgia, hereinafter referred to as "WIFE". A. The parties hereto were married on March 23, 1996, in Savannah, Chatham County, Georgia, and ever since have been and are now husband and wife. B. As a result of disputes and unhappy differences occurring and persisting between them, the parties hereto have been separated and living apart since on or about February 2, 1998. C. A proceeding for dissolution of marriage be was filed on February 2, 1998, in the Hardin Circuit Court. Do There is one living child born of this marriage, namely, ASLAN STEVEN BREWER, born September 24, 1996. No additional children are expected or contemplated. E. The parties intend and it is the Purpose of this agreement to provide fully for the care, custody and control of BREWER.SEP 1 PETITIONER RESPONDENT the parties' infant child and to equitably divide the marital property accumulated during the marriage. F. Each party is fully informed concerning the other's assets and current financial condition. G. This agreement constitutes the entire contract between the parties and supersedes any prior understandings or agreements made by them and there are no representations or warranties other than those set forth in this Agreement. NOW THEREFORE, in consideration of the mutual covenants and agreements of the parties hereto, they agree as follows: 1. CONSIDERATION: The consideration for this Agreement is the mutual benefits to be obtained by the parties and the mutual agreement and promises of each party to the other set forth herein. The adequacy of the consideration for this Agreement is admitted by the parties. 2. SEPARATION: Each party shall hereafter live separate and apart from the other, each to reside at a place of his or her choosing without interference from the other. Each shall be free from interference, authority, and control, direct or indirect, by the other as fully as if he or she were single and unmarried. The parties shall not compel or endeavor to compel the other to cohabitate or dwell with him or her. Neither party shall annoy, molest, interfere with, or harass the other in any manner or way, either directly or indirectly. 3. PERSONAL PROPERTY: The parties are in possession of or shall receive their separately-owned personal property as set BREWER.SEP 2 forth hereafter, and have divided their jointly-owned, marital and community property in the following equal and equitable manner, and thereafter all personal property, including marital and community property, whether previously separately-owned or jointly-owned, shall be the sole and exclusive property of the party in possession thereof, free from any claim or demand of the other party, except as provided for in this Agreement. A. HUSBAND shall have exclusive ownership and use of the following personal property: 1. His portion of the marital property which has been divided and which is in his possession. 2. His personal property and effects. 3. 1995 Geo Prism which is titled in his name only. 4. The Brown Couch. 5. One (1) Wooden Waterbed. One (1) Lamp. 8. Ail 9. Ail household goods. His black Entertainment Center. Appliances and Electronics. tupperware, dishes, utensils and other B. WIFE shall have exclusive ownership and use of the following personal property: 1. Her portion of the marital property which has been divided and which is in her possession. 2. ~ Her personal property and effects. 3. All other marital furniture except what is BREWER.SEP 3 mentioned above as HUSBAND's property. 4. REAL PROPERTY: The parties acknowledge and warrant to each other that they do not own or possess any interest in any real property. Any waiver of rights contained in this Agreement shall not apply to any interest held by a party in violation of this paragraph. 5. OBLIGATIONS: Neither party shall hereafter incur any obligations for which the other is liable, and each party shall hold the other harmless for an indemnify them against liability therefor. The parties' obligations incurred prior to the date of this Agreement shall be satisfied as follows: A. HUSBAND shall pay the following obligations: 1. All marital debts incurred until the time of the parties separation on February 2, 1998. 2. All debts solely in his name. B.WIFE shall pay the following obligations: 1. All debts solely in her name. 6. PROPERTY SETTLEMENT: This Agreement is in full and complete settlement of all property rights between the parties, and each party waives and forever disclaims any and all right he or she may have now or in the future to the property of the other, including rights to dower, courtesy, inheritance, descent and distribution, right to elect against the other's will, all rights of surviving spouse, heir, legatee, devisee, and next of kin in the estate of the other, and all other rights or claims of every kind and nature arising or growing out of the marriage BREWER.SEP 4 relationship of the parties, except as specifically provided for in this Agreement, and except where provided for or appointed by will or codicil executed after the date of this Agreement. 7. ~USTODY: HUSBAND and WIFE shall have joint legal care custody and control of the parties' one (1) minor child, with HUSBAND being designated as the primary physical possessory parent, subject to the following: A. WIFE shall have three (3) weeks visitation with the child, after every ten (10) week period with the HUSBAND. This visitation period shall not exceed a three (3) weeks period. B. Each party shall notify the other promptly of any serious injury or illness of the child. C. The custodial parent shall promptly notify the non- custodial parent of any change in the child's place of abode. D. WIFE agrees to pay all expenses to transport the child for her three (3) week visitation period. E. HUSBAND agrees to pay all expenses to transport the child back to his primary physical possession. F. WIFE will have visitation with the child for the entire months of July and August once the child reaches school age. The child will alternate major holidays with the parties. H. opinion When the child reaches the age of twelve (12), of visitation and holidays will be taken into consideration between the parties. 8. his SUPPORT: HUSBAND is employed by the United States Army BREWER.SEP 5 and his gross monthly income is approximately $1450.00. WIFE is employed at UPS and her gross monthly income is approximately $500.00. HUSBAND and WIFE have sufficient property including marital property apportioned to them, to provide for the reasonable needs of the parties child; that the financial resources and needs of the HUSBAND and WIFE are such that they should be able to provide the support for the child and they waive child support from each other. Both parties acknowledge and agree that they have been fully informed of the amount of child support pursuant to the Kentucky Child Support Guidelines and that said amount of child support is a deviation from the guidelines. 9. MEDICAL AND DENTAL EXPENSE: HUSBAND and WIFE agree to utilize military medical and dental facilities to the greatest extent possible in seeking treatment for the parties' child. HUSBAND and WIFE shall be equally responsible for any expenses incident to the child's medical or dental care that is not actually reimbursed by medical insurance or government program, such as CHAMPUS. 10. ALTERATIONS TO AGREEMENT: This Agreement shall not be altered, changed or modified except in writing signed by both parties. 11. EFFECT OF AGREEMENT: If the parties hereafter reconcile and thereafter separate, this Agreement shall continue to be binding. This Agreement supersedes all prior agreements, oral or written, and may be offered into evidence by either party BREWER.SEP 6 in this action. If acceptable to the Court, it may be incorporated by reference in the judgment or decree rendered. Notwithstanding incorporation in the judgment or decree, this Agreement shall not be merged into but shall survive the judgement or decree and be binding on the parties at all times. If this Agreement is incorporated into a judgment or decree all provisions hereof shall be enforceable through contempt proceedings or by any other available method. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this ' ' day of ?/f~ , 1998, the last party signing having entered the date of hi/s or her signing. HUSBAND / STATE OF KENTUCKY COUNTY OF HARDIN SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this ~q~ day of ~%),~u_ , 1998, by STEVEN G. BREWER to be his voluntary act and deed for the purposes contained therein. Kentucky, State at Large My commission expires: %-~%-~¢O~ BREWER.SEP 7 SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this day of ~ ~ ~' act and dee~ , 1998, by REBECCA J. BREWER to be her voluntary for the purposes contained therein. NOTARY PUBLIC / ~;~i , State ht Large My commission expires: THIS DOCUMENT PREPARED BY: KENNfTH/L. PEARL & GOHMAN, PSC 611 Knox Boulevard Radcltff, Kentucky 40160 (502) 351-4747 Attorney for Petitioner STATE OF KY, COUNTY OF HARDIN CERTIFIES S ATRUE COPY OF RECOR~D~ CASE# 9~ -CDr- d~/~ ~LPH BASKE~, CLERK HAR~t~U~ aY: '~-~ . =.c. BREWER.SEP 8