Preview
24CV010810-910
NORTH CAROLINA
WAKE COUNTY
SEPARATION iAGREEMENTct AND PROPERTY SETTLEMENT
THIS SEPARATION AGREEMENT AND PROPERTY SETTLEMENT ("Agreement") by
and between MARY LOHMUJEI.LER SALTAMARTINI ("Wife") of Wake County, North Carolina, and
BLAKE SALTAMARTINI ("Husband") of Wake County, North Carolina, is effective on the date that'
both parties have executed this agreement as evidenced by the dates accompanying their respective
signatures subscribed at the end of this Agreement;
WITNESSETH:
THAT, WHEREAS, the parties hereto were matried to each other on May 21, 2015, and separated
from each other on or about April 3, 2023; and
WHEREAS, there was one child bom of the parties' marriage, namely: Georgia Blake Saltamartini,
born October 18, 2019; and
WHEREAS, each of the patties is more than eighteen years of age, and they desire to confirm their
separation and to make agreements in connection therewith, including the settlement and adjustment of
their property rights and other rights, responsibilities, and obligations growing out of their marital
tionship; and
WHEREAS, each patty has read this Agreement, fully understands the terms, conditions and
provisions hereof and deems such terms to be fair, just, and equitable;
NOW, THEREFORE, in consideration of the premises, the promises and undertakings herein.
contained and for other good and valuable consideration, the receipt of which is hereby
each party stipulates, agrees, and covenants with the other as follows: acknowledged,
1. SEPARATION. Each of the parties shal have the right to reside at such place or places
as he or she shall select and to associate with person or persons as he or she shall desire. Neither party
hereto shall hereafter disturb, annoy, or in any way interfere with the other, directly ox indirectly, or intrude
without invitation upon the presence of the other or malign or defame the character of the other paty,
2. SUBSEQUENT PROPERTY TRANSACTIONS. Except as otherwise provided herein,
ther party may at any time hereafter acquire, possess, encumber, transfer, convey, or otherwise deal w th
any and all classes of property, real or personal, tangible or intangible, or mixed, whether now owned or
possessed or hereafter acquired by either of them, without the joinder or consent of the other party and
with the force and effect if they wer unmarried.
3, FREE. TRADER: It is mutually agreed that in any sale, transfer or conveyance by either of
the parties hereto of any real or personal property now owned or hereafter acquired by such party, it shall
not be necessary in order for the grantee or transferee to have good title that the other party hereto siga
and execute the deed, deed of trust, mortgage or other instrument of transfer for the sale or conveyance of
SEPARATION AGREEMENT AND PROPERTY SETTLEMENT
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said properties; each of the parties hereto hereby releasing to the other all right, title and interest that he OL
she may have or hereafter acquite by the other; and, with regard to any such real or personal property,
each shall be in the same position and status as if the said party were single and unmarried and as if the
marriage between the parties had never taken place. However, each of the parties hereto will, at any time
or times hereafter, execute and deliver any all such further instrument as the other party shall reasonably;
require for the purpose of giving full effect to the covenants, provisions and agreements of this paragraph.
4, RIGHT TO CONTRACT. From and after the date of this Agreement, both Husband and
Wife shall have the right to make contracts in his/her individual name and without the consent or joinder
of the other, and to al intents and purposes as if said contacting party is not maried.
5. RIGHTS INTHE ESTATE OF 1THEOTHER PARTY. Exceptas j
otherwise provided herein, each party hereby waives, releases and renounces, and hereby conveys,
quitclaims and assigns over to the other party and his or her heirs, executors and administrators, any and
all rights, title, interest, and control he or she may now have ot shall hereafter acquire under the present or
future laws of any jurisdiction, in, to or over the person, property or estate of the other, arising by reason
of their marital relationship or otherwise including but not limited to, dower, curtesy, statutory allowance
one year's allowance, widow's allowance, homestead rights, right to take in event of intestacy, right to
any
share as the surviving spouse, any right of election, tight to take against the last will and testament of the
other or to dissent therefrom, right to act as administrator or executor of the estate of either, and any and
all other vested or contingent rights, title or interest of any kind in and to any said property or estate of any
kind of the other; provided, however, this provision shall not apply to any social security benefits the
parties may have by reason of their marriage to cach other or to any real property retained by the parties as
tenants by the entirety so long, but only so long, as said estate by entirety continues. In addition, except as
otherwise provided in this Agreement, each party waives, releases, and renounces, and hereby conveys,
quitclaims, and assigns over to the other party and his or her heirs, executors, and administrators, any right
to employment benefits earned by the spouse through his or her employment, including, but not limited
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to, life insurance, disability insurance, medical and dental insurance, pension, profit sharing, retirement,
and deferred compensation benefits.
6. JURISDICTION AND SITUS: NON-REMOVAL TO FEDEFRAT. COURT. Each party
hereby submits himself or herself to the jurisdiction of the courts of the State of North Carolina in any
future action brought by either of them to enforce the provisions of this Agreement. All matters affecting
the interpretation of this Agreement and the rights of the parties hereto in relation to this Agreement shall
be governed and controlled by the laws of the State of North Carolina. Each party irrevocably waives the
right of removal to federal court for any action that may be filed in state court by the other party relating
to this Agreement.
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7. FUTURE DEBTS. Unless otherwise provided herein, neither party shal hereafter charge
or cause or permit to be charged to or against the other any purchase which either of them may hereafter
make, and shall not hereafter create any engagements or obligations in the name of or against the other
and shail never hereafter secure or attempt to secure any credit upon or in connection with the other, or in
his or her name and each of them will promptly pay all debts and discharge all financial obligations which
each may incur for himself or herself and will hereafter hold the other free and harmless and indemnify the
other from any and all subsequent debts, obligations, or liabilities which each may incur or sustain.
8. WAIVER OF CLAIMS AND MUTUAL GENERAL RELEASES. Except as otherw se
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provided herein, each party does hereby waive, release, and discharge for himself or herself and his or her
heirs, legal representatives, executors, administrators, and assigns from any and all causes of action, claims,
rights, or demands whatsoever in law or equity, which either of the patties had or now has against the
other or against any third party arising out of the marital relationship, including, but not limited, to any and
all claims for alienation of affection, criminal conversation, invasion of privacy, infliction of distress, any:
other tort claims, necessaries, spousal support, alimony, maintenance, postseparation support, temporary
alimony, and attorney fees, except any and all causes of action for divorce based on one year's separation
or any other such no fault ground that might exist in any jurisdiction in which either party might become a
resident. Provided, however, that nothing in this paragraph shall be construed as a waiver by either party
of the right to enforce the terms and provisions of this Agreement.
9. CHILD CUSTODY. The parties have reached an agreement regarding custody of their!
minor child, as follows:
A. Legal Custody. The parties shall share joint legal custody of the minor child. The
parties shall make good faith efforts to reach joint decisions reparding any major issues pertaining
to the health, welfare, and education of the minor child; provided, however, that in the event of a
dispute between the parties regarding a major issue pertaining to the health, welfare, and/or
education of each child, the parties shall follow the recommendations of the professional(s) or
provider(s) involved in that decision. Each party shall keep the other party informed of any major
issues pertaining to the health, welfare, and education of the minor child. Each party shall keep the
other party informed of any serious accident, illness, or injury affecting the child. :
Each party shall have equal access to records and information concerning the child,
including but not limited to, medical, dental, health, mental health, school and educational records,
and each party shall be entitled to communicate directly with any health care or educational
professional rendering. setvices to the child. Each party shall inform the other of any meetings or
appointments concerning the child's education or health at the time the meeting or appointment is
made and shall inform the other of the schedule of any of the child's programs or special activities
as soon as this schedule is conveyed to him or her. Each party shall inform the other party of arly
diagnosis, prognosis, and any other information received from medical and/or mental health
provider(s) regarding the minor child. Both parties are authorized to seek emergency medical
treatment or care for the minor child. Each party shall insure that the other party is identified :
(including contact information) as the parent of each child on whatever forms or paperwork may
be filled out or submitted to each child's school, to any professional providing services to each
child, and to any other persona or entity requesting or requiring information about the parents of
each child. Except as otherwise agreed between the parties in writing, and for so long as Husband
continues to reside in the Marital Residence or in a location with the same base school
as the Marital Residence, then Husband's address (which is the Marital Residence) shallassignment
be the |
child's address for public school assignment purposes (.c., her base school" shall be assigned |
using Husband's address); and if Husband no longer resides in the Marital Residence or a location
with the same base school assignment as the Marital Residence but if Wife lives in a location with
the same base school assignment as the Marital Residence, then Wife's address shall be used for
public school assignment purposes.
B. Regular Physical Custody. The patties shall share custody of the child on a flexible,
cooperative schedule that takes into account each party's work schedule and the schedules,
activities, and needs of the child. The default custodial schedule shall be an equal 50/50 physical
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custodial schedule, with the parties operating on a 2/2/5 schedule. Wife shall have custody of the
minor child every Monday/Tuesday; Husband shall have custody of the minor child every
Wednesday/Thursday and the parties shall alternare the weekends.
C. Holidays. Except as otherwise mutually agreed upon between the parties, the
:
minor child shall be with each of the parties at holidays and other special times as set forth below.
These holiday and school break provisions shall supersede the regular custodial schedule set forth
in Paragraph 11.B. above. In the event the holiday and school break schedule would result in one
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party having the child with him or her during the other party's regular custodial time, the parties
shal not rearrange the regular schedule but, instead, the regular residential pattern shall continue;as
if there had been no superseding holiday or school break.
1. Mother's Day / Father's Day. The child shall be with the honored parent for the
holiday, from 8:00 a.m. on the holiday until school/daycare resumes after the
holiday (or until 8:00 a.m. on the Monday after the holiday if school/daycare is not
in session).
2. Spring Break / Easter: In even-numbered years, the child shall be with Wife for!
the Easter holiday (to include Spring Break at such time as the child attends a
school for which there is a scheduled spring break) from the time school releases
prior to the holiday until the time school resumes on the Monday after Easter (or
unti1 8am on the Monday after Easter if school is not in session). In odd- :
numbered years, the child shall be with Husband for the Easter holiday (to include
Spring Break at such time as the child attends a school for which there is a ;
scheduled spring break) from the time school releases prior to the holiday until the
time school resumes on the Monday after Easter (or until 8am on the Monday after
Easter if school is not in session). In the event the minor child's Spring Break does
not align with the Easter holiday, then in even numbered years Wife shall have
custody of the minor child from Friday when school recesses for the Spring Break
holiday until school resumes at the conclusion of the Spring Break holiday. This
schedule shall reverse in odd-numbered years such that Husband has custody of
the minor child over the Spring Break holiday.
3. Thanksgiving: In even-numbered years, the child shall be with Husband for
Thanksgiving (Wednesday at the time of school recess or 12pm if school is not in
session through 12pm on Friday) and with Wife for the weekend immediately after :
Thanksgiving (12pm on Friday through Sunday at 12pm). In odd-numbered years,
the child shall be with Wife for Thanksgiving (Wednesday at the time of school .
recess or {2pm if school is not in session through 12pm on Friday) and with
Husband for the weekend immediately after Thanksgiving (12pm on Friday
through Sunday at 12pm). ;
4, Christmas Break: The regular custodial schedule shall remain in effect during the
school Christmas Break, except as follows: In even-numhered years, the child shall
be with Husband from 6:00 p.m. on December 22 through 6:00 p.m. on December
24, then with Wife from 6:00 p.m. on December 24 through 6:00 p.m. on
December 26. In odd-numbered years, the child shall be with Wife from 6:00 p.m.
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on December 22 through 6:00 p.m. on December 24, then with Husband from
6:00 p.m. on December 24 through 6:00 p.m. on December 26.
5. Extended Weekends: The custodial parent who is exercising regular alternating
weekend custody of the child shall be permitted to extend his/her custodial time by
24 hours if a work/school holiday or teacher workday immediately precedes or
immediately follows the regular custodial weekend (Le., to add one extra day to the
weekend in the event of a Friday or Monday holiday or teacher workday).
6. Vacation: The regular custodial schedule shall remain in effect during school
breaks /trackout periods, except that each party shail be permitted to exercise two
(2) non-consecutive vacation weeks (7 total overnights, Friday-to-Friday, to include
that party's regular alternating weekend) with the minor child per year,tobe
exercised during the child's school breaks and/or trackout periods. Each party
shall notify the other party in writing at least thirty (30) days in advance of his or
;
her desired vacation week(s) with the child. If there is a conflict about the parties'
desired vacation weeks, then Wife shall have first choice of vacation weeks in odd-
numbered years and Husband shail have first choice of vacation weeks in even-
numbered years. Provided, however, that if one party fails to notify the other party
MEE
of his or het desired vacation weeks at least thirty (30) days in advance, then the |
party who provided timely notice of his or her desired vacation weeks shall have '
first choice of vacation weeks for that year. Provided, however, that each party's
vacation weeks shall not take precedence over the other party's holiday time as
outlined herein and, in the event of a conflict, the parties shall follow the holiday;
schedule outlined herein for the other holidays.
D. Custodial Exchanges. All references to the beginning or the end of "school" shall
be interpreted to include childcare and/or camp, so that custodial exchanges shall be conducted by
dropping off and/oror picking up from school, childcare, or summer camp rather than by direct |
exchanges between the parties whenever possible. Except as otherwise agreed between the parties
and for so long as the parties continue to reside within thirty (30) miles of each other, then for all
custodial exchanges that do not coincide with the beginig or end of school, childcare, or
summer camp, the party gaining custody of the child shall pick up the child from the residence of
the other party.
E, Address/Phone/Email Changes. Each patty shall at all times keep the other;
informed of his or her place of residence, his or her current phone number, and his/her current
email address and shall notify the other in writing thirty (30) days in advance (or as far in advance
as reasonably practicable) of any change of address, telephone and/or cellular phone = mber, and
email address. Neither party shall relocate more than thirty (30) miles from the other party without
advance written consent from the other party.
F. Telephone Contact. Each party is entitled to speak with the child by telephone (or
FaceTime or other compatable communication method) at reasonable times and intervals when
the child are with the other parent. The child will have open telephone access to both parties at all
times and the custodial party shall assist the child in calling the non-custodial party at reasonable
times and intervals if requested by the child. Each party shall have the child return calls or
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voicemail messages from the other party within a reasonable time to ensure that the non-custodial
party has reasonable telephone access to the child. Both parents shall be available to the other
party in case of emergency and shall promptly answer any calls or texts in case of emergency.
G. Travel. In the event that either parent plans to travel overnight with the minor ;
child, that parent shall notify the other parent by email as far in advance of the travel date
reasonably practicable. At that time, the traveling parent shall notify the other patent of the travel
itinerary (including flight or travel schedule if applicable) and contact information, including
address and telephone numher of the location(s) where the child will be while traveling and
emetgency contact information for the traveling party.
H. Right of First Refusal. If either party will be unavailable to care for the child
overnight during his/her custodial time, that party shall notify the other party and offer the non-
custodial party the right of first refusal opportunity to care of the child while the custodial parent is
unavailable before engaging a third party (including a relative or significant other) to care for the
child. The offering party shall notify the other party as far in advance as possible of the need for
such care and the non-custodial party shall respond to the offer within three days (or in a shorter
time period if required by the date(s) on which care is needed) to confirm whether the non-
custodial party is available and wishes to provide care for the child. An overnight for purposes of
this paragraph shall be defined as 8:00pm through 7:00am.
I. Attendance at Activities. Except in the event of emergency, both patties shall make
all reasonable efforts ensure that the child attends her school and/or extracurricular activities and
shall notify the other parent if the custodial parent is unable to transport the child to/from their
activities so that the non-custodial parent may ensute the child attend her activities. Each party is
permitted and encouraged to attend the minor child's school, sports, and extracurricular events and
activities regardless of whether those events and activities occur during that patty's custodial time.
J. SchoolAttendance. The custodial parent shall promptly notify the other parent if a
child does not attend preschool or school during his/her custodial time. The custodial parent shall
notify the other parent if the custodial parent is unable to transport the child to/from preschool or
school so that the non-custodial parent may ensure the child attends preschool or school.
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K. Non-Disparagement. Each party shail at all times encourage and foster in the child
sincere respect and affection for both parents. Each party shall support and encourage the minor
child's relationship with the other party and with the other party's extended family, Neither party
shall speak nor permit thitd parties to speak negatively or make disparaging remarks about the;
other party or the other party's family in the presence or heating of the minor child.
L. Dating Relationships. Neither party shall introduce the child to any romantic,
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dating, and/or sexual parmer until such time as that patty has been in an exclusive, committed
dating relationship with that partner for at least six months and in no event before six (6) months
after execution of this Agreement. Neither party shall permit any romantic, dating, and/or sexual
pattner to spend the night with the party during his/her custodial time until such time as that party
has been in an exclusive, committed dating relationship with that parmer for at least twelve (12)
months and in no event before twelve (12) months after execution of this Agreement. Each party
shall notify the other party at least two (2) weeks in advance at such time as that party intends to!
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introduce a partner to the child or permit the partner to spend the night during his/her custodial
time.
10. CHILD SUPPORT. The parties agree to share support obligations for their child as set
forth below:
A. Work-Related Child CareExpenses. Each party shall be responsible for paying t
50% of the child's work-related childcare expenses. If possible, each party shall pay his/her 50%
share directly to the provider. This shared obligation includes childcare expenses and track-
out/summer day camp expenses that may be incurred for the benefit of the child as she enters |
elementary school. This paragraph does not apply to expenses for overnight camps the child may
attend in the future unless both parties consent in advance to incur that expense. This paragraph
also does not apply to the expenses associated with the minor child's attendance at Preschool at |
the Creek at Richland Creek Community Church through May 2024, which are currently paid by
Husband's mother and will continue to be paid by Husband's mother through May 2024. In the
event that a party pays more than fifty percent (50%) of such expenses to the provider, then the
patties shall reconcile these expenses as set out in paragraph 12.E. below.
B. Health Insurance. Husband shall maintain in full force and effect a policy of health
insurance covering the child, comparable to the coverage now provided by him for the benefit of
the child, for so long as the child are eligible for said coverage by Husband. Husband shall provide
documentation to Wife of the child's coverage and benefits and copies of the child's insurance
catds, with this information to be provided to Wife at least annually or more frequently as updated
documentation becomes available.
C. Out of Pocket Medical Expenses, Wife shall pay 50% and Husband shall pay 50%
of the child's reasonably necessary health/medical and dental expenses (including, but not limited
to, ptescriptions, copays, deductibles, mental health, and orthodontia) that are not compensated ©
for by insurance.
D. Extracurricular Expenses. Wife shall pay 50% and Husband shall pay 50% of the
child's extracurricular expenses (including uniforms, required gear and equipment, and
tuition/ fees); provided, however, that neither party is obligated to pay for extracurricular expenses
unless that party agreed in advance in writing for the child to participate in that activity. An email
or text message whose receipt is acknowledged shall satisfy the writing requirement.
E. Reconciliation of Expenses. For al expenses to be shared by the parties on behalf :
of the child as set out in paragraphs 12.A. through 12.D. above, the paying party shall provide
documentation of all such expenses incurred to the other party within thirty (30) days of
the expense; and reimbursement shall be made by the non-paying party for the expense within
thirty (30) days of receiving the documentation from the paying party.
F. Dependency Exemptions. Wife shall be entitled to claim the dependency
exemption for the minor child on her Federal and State tax returns in even-numbered years; and '
Husband shal claim the child on his Federal and State tax returns in odd-numbered years.
G. Terminating Events. Except as otherwise set forth above, the parties' obligations
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for support of each child shall continue nnril the first to occur of the following circumstances for
that child:
1. Death of the child; ot
2. Death of either party; or
3. The child reaching the age of 18, unless the child is still attending
or secondary school at the time the child attains age 18, in which case child support shall |
continue the earliest to occur of the following: the child graduates, otherwise ceases
to attend school on a regular basis, fails to make satisfactory academic propress towards
graduation, or reaches age 20.
ii. PROPERTY SETTLEMENT. In full settlement of all property rights and questions
between the parties, in satisfaction of North Carolina General Statutes § 50-20 et seq. and pursuant to § .
50-20(d) and to Sections 1041 and 2516 of the Internal Revenue Code as non-taxable transfers, the parties
agree as follows:
A. MARITAL RESIDENCE. At the time of the parties' separation, the parties own
as tenants by the entirety the residence located at 900 Big Bend Court, Wake Forest, North
Carolina 27587 (the "Marital Residence"). The parties acknowledge that the Marital Residence was
sold by Glenn and Niane Rupert (the "Ruperts," who are Husband's mother and stepfather) to the
parties in October 2022 for $280,000.00. The Ruperts made a gift of equity to Husband and Wife
in the amount of $85,000.00. The Marital Residence is encumbered by a mortgage in the
Husband's name alone, which had an originating halance of $205,000 (Le., the total amount paid to
the Ruperts to acquire the Marital Residence) and a current balance of approximately $204,000.
If Husband has paid/shall pay the distributive award as set forth below, Wife shall vacate
the Marital Residence within fifteen (15) days of execution of this Agreement ot by May 20, 2023,
whichever first occurs; and Husband shal thereafter be entitled to exclusive possession of the
Marital Residence. Husband shall hereafter be responsible for timely payment of the mortgage
secured by the Marital Residence and for payment of all taxes, insurarice, utility bills and other
expenses related to the Marital Residence and shall indemnify and hold Wife harmless therefrom.
Husband shall hereafter be entitled to claim all tax benefits associated with the Marital Residence.
Contemporaneously with payment to Wife of the distributive award as set out below, Wife shall
execute a Special Warranty Deed convey Wife's right, title and interest in the Marital Residence to
Husband and the Marital Residence shall thereafter belong to Husband as his sole and separate
property.
B. Household Furnishings. Except for the items listed below that are to be
distributed to Wife and two shotguns in Husband's possession helonging to Wife's grandfather,
Husband shall retain all household furnishings and personal property located in the Marital
Residence. Husband shall return the two shotguns to Wife when she vacates the Marital
Residence.
essica: To Blake:
Charley/Penny ax
Sofa Queen size bed and bedframe
King size bed and bedframe Workshop and tools/equipment
Georgia's crib/bed ¥ Georgia's toys
Ye Georpia's toys % Georpia's clothes
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12 Georgia's clothes King size headboard
Georpia's changing table Kitchen table/chairs
Childhood furniture Riding lawn mower
Living room lamps 16' trailer
Grandfather's tools Childhood mementos
Childhood mementas Ys p assware/silverwate/plates
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plassware/silverware/plates Dan-Dan's recliner
Big pan from Target Living room tv/soundbar/Xbox
Coffee table / end tables Entertainment Center
Glider rocker Georgia's razor
House decorations Grills
Bedroom TV Georp a's toybox
2 Firesticks Blake's gun safe and ammo
Georgia's bouncy house Washer/dryer 7
Georpia's jeep Firepit
Keurig and stand Dyson vacuum
Granddaddy's pun safe Pictures of Georgia
Pictures of Georp a Wedding repistry
Ashley wedding sign Short and tall dressers from master
1 large dresser from master bedroom % linens
Â¥ linens Emeril Lagasse microwave
Cow picture in master Train set in payroom
Grey GBS sion
Pineapple piggy bank
Georgia's mitror decorations
Decorative pillows from master
Scale
Shark vacuum
Picture by door of all
Swinging picture
White bookcase with baskets
Crock pot
White bathroom stool
Air fryer
White wicker hamper
Shower curtains
Monitor
Sam wedding picture
White bookcase in playroom
Pink/purple shelves in playroom
Grey bookcase in playroom
2 chairs from outdoor furniture
Personal Belongings. Each party hereby acknowledges sole ownership in the other
party of all his or her wearing apparel, personal ornaments and other personal effects.
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D. Vehicles The parties hereby agree to the following disposition of their motor
vehicles:
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1. Wife. Wife currently operates a 2016 Toyota Camry titled to Husband and
Diane Rupert. There is a loan secured by this vehicle with an approximately balance of
$7,000, owed in the name of Husband and Diane Rupert. Wife shal! be solely liable for the
maintenance of said vehicle hereafter. Husband and Diane Rupert shall contiaue the
insurance policy currently in effect on the vehicle until such time as the vehicle has been
transferted into Wife's name alone, but Wife shall reimburse Husband and Diane Rupert
for 100% of the cost of insurance for the vehicle for so long as the vehicle remains titled to
Husband and Diane Rupert, with Wife to reimburse Husband/Diane Rupert within ten
(10) days of receiving documentation of the insurance expense incurred for coverage on
this vehicle. Wife shall hereafter be solely responsible for the timely payment of any debt.
secuted by this vehicle and shall indemnify and hold Husband harmless from any such
expense. Wife, within her sole discretion, may sell or trade this vehicle at any time and if
Wife has reimbursed them for all insurance expenses for the vehicle through that date, then
Husband and Diane Rupert shall execute whatever documents are necessary at that time to
facilitate that sale/trade; and Wife shall retain 100% of any proceeds resulting from the
sale/trade of this vehicle. Alternatively, if Wife elects not to sell/trade the vehicle, then at
such time as the debt secured by this vehicle is paid off in full (or at such time as Husband
and Diane Rupert have otherwise been removed from all liability for that debt), and if Wife
has reimbursed them for all insurance expenses for the vehicle through that date, then
Husband and Diane Rupert shall execute whatever documents are necessary to transfer
ownership of the vehicle to Wife and the vehicle shall thereafter belong to Wife as her so e
and separate property.
2. Husband. Wife hereby transfers, assigns, and relinquishes unto Husband ;
any and all of her right, title, and interest in the 1994 Ford F150 and the 2014 Ford F150.
Said vehicles shall hereafter belong solely to Husband, free and clear from any claim or |
right of Wife. Husband shall be solely liable for the maintenance and insurance of said
vehicles hereafter. Husband shall be solely responsible for the timely payment of any debt
secured by these vehicles and shall indemnify and hold Wife harmless from any such
expense.
3. Transfer of Title To the extent that either party needs to execute any
documentation necessary to complete the title transfer of the vehicles as set forth hercin,
each party shall execute such document(s) within five (5) days of receiving the documents.
from the other patty. The party receiving title to a vehicle pursuant to this section shall be
solely responsible for paying any title transfer fees.
4. Negligent Operation. Each party agrees to indemnify and hold the other
harmless from all liability arising by reason of their operation of any of the aforesaid
vehicle.
5. Return of Keys and (Other Items. To the extent that either party is in
possession of keys, title, insnrance documents, registration card, and/or other
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items/documents belonging with and/or necessary for operation of the vehicle(s)
distributed to the other party, each party shall deliver all such keys, documents, and other
items in his/her possession to the party receiving title to that vehicle(s) within five (5) days
of execution of this Agreement.
E. Banking, Stock, Investment,and Financial Accounts. Each party shall keep as his
or her own separate funds any and all accounts or financial assets in his/her sole and separate
name as of the date of the execution of this Agreement.
F. Pets. Wife shall remove the cats when she vacates the Marital Residence and those
cats shall thereafter belong to Wife as her sole and separate property. Husband shall retain the dog
as his sole and separate property. :
G. Distributive Award. In an effort to achieve a more equitable division of assets and
debts, Husband shall pay a distributive award to Wife in the total amount of $20,000.00, with
$5,000.00 to be paid to Wife simultancously upon execution of this Agreement and the remaining
$15,000.00 to be paid to Wife at such time as Wife vacates the Marital Residence (i.e., within
fifteen (15) days of execution of this Agreement or by May 20, 2023, whichever first occurs).
H. Present Debts. Husband shall assume, pay, and hold Wife harmless from any
credit cards or debts in Husband's individual name not otherwise covered by this Agreement and
from any debt owed by either party to Glenn and Diane Rupert and/or to Husband's father. Wife
shall assume, pay, and hold Husband harmless from any credit cards or other debts in the Wife's '
individual name not otherwise covered by this Agreement. 'Ihe parties shall not incur any debt in
the parties' joint names or in the name of the other party after the date of the execution of this
Agreement The parties shall not take any steps to increase the debt owed in the parties' joint
names or in the name of the other party after the date of the execution of this Agreement.
The parties believe they have addressed all joint outstanding liabilities. In the event that a
joint liability has been overlooked, the party actually incurring the liability shall be exclusively
responsible for that debt and shall reimburse and hold the other party harmless from such Itability.
12. TRANSFERS OF PROPERTY INCIDENT TO DIVORCE. The parties hereto agree (I)
that the transfer of property hereunder is related to the divorce; (ii) that the transfer of property hereunder
is a transfer incident to divorce and is related to the cessation of the marriage; (ii) that the intent and
purpose of this Agreement is for the transfer of property hereunder to be tax free pursuant to § 1041 of
the Internal Revenue Code and the applicable provisions of North Carolina law and for no gain or loss to
be recognized by either party as a result of such transfer; and (iv) that they will file 2 formal election if
necess ary or otherwise take such actions as may be required by applicable provisions of state or federal
income tax law and regulations to give ful force and effect to theit aforesaid intent and purpose
i
13. JAX MATTERS. Husband and Wife agree to promptly notify the other in the event the
Internal Revenue Service or any state or local taxing authority provides notice of an audit, deficiency,
refund, or the adjustment regarding a tax retum that was jointly filed. Husband and Wife further agree to,
cooperate fully with the other in any claims for refunds or in defending against any deficiencies that may .
be determined with respect to any jointly-filed income tax returns.
14. PROPERTY OWNERSHIP. All property transferred or distributed under the terms of
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Page 11
this Agreement to either of the parties, and all other property now owned or hereafter acquired by either
party, shall always hereafter be owned, held and enjoyed by such party independently of any claim or right
of the other party, with the full power to dispose of the same as fully and effectively, in all respects and for
all purposes, as if he or she were unmarried.
15. RECONCILIATION. All real and personal property or debt transferred pursuant to thi
Agreement between the parties shall remain the sole and separate property of the transferee and will not
be considered marital property or debt in the event of any reconciliation between the parties.
|
16. MARITAL AND DIVISIBLE PROPERTY WAIVER. In accordance with North
Carolina General Statute § 50-20(d) and related statutes and case law, the parties hereby acknowledge that
the provisions herein made for the distribution of marital and divisible property are equitable and are fair
reasonable, and satisfactory to Husband and Wife, and are made in full and complete satisfaction of any
and all claims which each party may have against the other party or the property of the other party under
the present and future laws of any jurisdiction relating to the distribution of marital or divisible property :
including, but not limited to rights to division of property, payment of capital sums or period payments,
distributive shares, pension or retirement benefits, life insurance and every other form of property, real or
personal, tangible or intangible, vested or contingent. Each party accepts the provisions of this Agreement
in lieu of and in full and final settlement and satisfaction of any and all claims or rights which either party:
tay now or hereafter have against the other party for the distribution of property. Nothing in this :
paragraph shall preclude either party from raising a claim for equitable distribution for the sole and limited
purpose of entering any orders which may be required to divide retirement benefits pursuant to this
Agreement.
17. DISCLOSURE. Each party has had a full and complete opportunity to make independent
inquiry into the financial circumstances of the other and has been informed of the income, assets, property
and financial prospects of the other to the extent that the same is desired. Each of the parties has
expressly waived any right to further disclosure and is content to rely solely upon the disclosure as made. |
Each party acknowledges that a claim based upon incomplete or improper financial disclosure may not be
a basis for invalidating or changing any of the terms of this Agreement and is content, nevertheless, to
procced on the basis of knowledge as it presently exists.
18. ENFORCEMENT. The parties agree that the remedy at law for any breach of this
Agreement will be inadequate unless the provisions hereof shall be enforceable by specific performance
and accordingly, either party shall be entitled to specifically enforce each and every provision of this
Agreement. The right to specific performance of this Agreement shall be in addition to all other rights
and remedies either party may have at law or in equity arising by reason of any breach of the Agreement by
the other party.
19. INDEMNIFICATION. If either party hereto for any reason fails to petform his or her
financial or other obligations provided for in this Agreement and as a result thereof the other party incurs)
any expense to collect the same or otherwise enforce his or her rights with respect thereto, the defaulting
party shall indemnify and hold the other harmless from any expense, including reasonable attomey fees
:
related thereto, and the Coutt shall awatd such expenses, including reasonable attorney fees, as part of the
relief granted in any court action to enforce this Agreement. This paragraph shall apply to each paragraph
of this Apreement.
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Between Mary Lohmueller Saltamartini and Blake Saltarnartini
Page 12
20. VOLUNTARY EXECUTION. Each party acknowledges that this Agreement is entered
into of his or her own free will and volition and that no coercion, force, pressure or undue influence has
been used against them in the execution of this Agreement, either by the other party hereto or by any
other person or persons. Neither party has relied upon any representation or promise in making this
Agreement except those expressly set forth herein.
21. INTERPRETATION. If any provision of this Agreement is held to be invalid and
unenforceable, all other provisions shall nevertheless continue in full force and effect. No provision of
this Agreement shall be interpreted for or against either party because that party, or party's attorney,
requested or drafted this Agreement or any provision of this Agreement, and the parties hereby
unconditionally waive any such defense or claim regarding any provision of this Agreement.
22, LEGALREPRESENTATION. Each party has been given adequate opportunity seek;
representation by counsel of his/her choosing.
23. MODIFICATION.
BLAKE SALTAMARTINI
SEPARATION AGREEMENT AND PROPERTY
Preview
24CV010810-910 NORTH CAROLINA WAKE COUNTY SEPARATION iAGREEMENTct AND PROPERTY SETTLEMENT THIS SEPARATION AGREEMENT AND PROPERTY SETTLEMENT ("Agreement") by and between MARY LOHMUJEI.LER SALTAMARTINI ("Wife") of Wake County, North Carolina, and BLAKE SALTAMARTINI ("Husband") of Wake County, North Carolina, is effective on the date that' both parties have executed this agreement as evidenced by the dates accompanying their respective signatures subscribed at the end of this Agreement; WITNESSETH: THAT, WHEREAS, the parties hereto were matried to each other on May 21, 2015, and separated from each other on or about April 3, 2023; and WHEREAS, there was one child bom of the parties' marriage, namely: Georgia Blake Saltamartini, born October 18, 2019; and WHEREAS, each of the patties is more than eighteen years of age, and they desire to confirm their separation and to make agreements in connection therewith, including the settlement and adjustment of their property rights and other rights, responsibilities, and obligations growing out of their marital tionship; and WHEREAS, each patty has read this Agreement, fully understands the terms, conditions and provisions hereof and deems such terms to be fair, just, and equitable; NOW, THEREFORE, in consideration of the premises, the promises and undertakings herein. contained and for other good and valuable consideration, the receipt of which is hereby each party stipulates, agrees, and covenants with the other as follows: acknowledged, 1. SEPARATION. Each of the parties shal have the right to reside at such place or places as he or she shall select and to associate with person or persons as he or she shall desire. Neither party hereto shall hereafter disturb, annoy, or in any way interfere with the other, directly ox indirectly, or intrude without invitation upon the presence of the other or malign or defame the character of the other paty, 2. SUBSEQUENT PROPERTY TRANSACTIONS. Except as otherwise provided herein, ther party may at any time hereafter acquire, possess, encumber, transfer, convey, or otherwise deal w th any and all classes of property, real or personal, tangible or intangible, or mixed, whether now owned or possessed or hereafter acquired by either of them, without the joinder or consent of the other party and with the force and effect if they wer unmarried. 3, FREE. TRADER: It is mutually agreed that in any sale, transfer or conveyance by either of the parties hereto of any real or personal property now owned or hereafter acquired by such party, it shall not be necessary in order for the grantee or transferee to have good title that the other party hereto siga and execute the deed, deed of trust, mortgage or other instrument of transfer for the sale or conveyance of SEPARATION AGREEMENT AND PROPERTY SETTLEMENT Between Mary Lohmueller Saltamartini and Blake Salramartini Page 1 i said properties; each of the parties hereto hereby releasing to the other all right, title and interest that he OL she may have or hereafter acquite by the other; and, with regard to any such real or personal property, each shall be in the same position and status as if the said party were single and unmarried and as if the marriage between the parties had never taken place. However, each of the parties hereto will, at any time or times hereafter, execute and deliver any all such further instrument as the other party shall reasonably; require for the purpose of giving full effect to the covenants, provisions and agreements of this paragraph. 4, RIGHT TO CONTRACT. From and after the date of this Agreement, both Husband and Wife shall have the right to make contracts in his/her individual name and without the consent or joinder of the other, and to al intents and purposes as if said contacting party is not maried. 5. RIGHTS INTHE ESTATE OF 1THEOTHER PARTY. Exceptas j otherwise provided herein, each party hereby waives, releases and renounces, and hereby conveys, quitclaims and assigns over to the other party and his or her heirs, executors and administrators, any and all rights, title, interest, and control he or she may now have ot shall hereafter acquire under the present or future laws of any jurisdiction, in, to or over the person, property or estate of the other, arising by reason of their marital relationship or otherwise including but not limited to, dower, curtesy, statutory allowance one year's allowance, widow's allowance, homestead rights, right to take in event of intestacy, right to any share as the surviving spouse, any right of election, tight to take against the last will and testament of the other or to dissent therefrom, right to act as administrator or executor of the estate of either, and any and all other vested or contingent rights, title or interest of any kind in and to any said property or estate of any kind of the other; provided, however, this provision shall not apply to any social security benefits the parties may have by reason of their marriage to cach other or to any real property retained by the parties as tenants by the entirety so long, but only so long, as said estate by entirety continues. In addition, except as otherwise provided in this Agreement, each party waives, releases, and renounces, and hereby conveys, quitclaims, and assigns over to the other party and his or her heirs, executors, and administrators, any right to employment benefits earned by the spouse through his or her employment, including, but not limited ' to, life insurance, disability insurance, medical and dental insurance, pension, profit sharing, retirement, and deferred compensation benefits. 6. JURISDICTION AND SITUS: NON-REMOVAL TO FEDEFRAT. COURT. Each party hereby submits himself or herself to the jurisdiction of the courts of the State of North Carolina in any future action brought by either of them to enforce the provisions of this Agreement. All matters affecting the interpretation of this Agreement and the rights of the parties hereto in relation to this Agreement shall be governed and controlled by the laws of the State of North Carolina. Each party irrevocably waives the right of removal to federal court for any action that may be filed in state court by the other party relating to this Agreement. I 7. FUTURE DEBTS. Unless otherwise provided herein, neither party shal hereafter charge or cause or permit to be charged to or against the other any purchase which either of them may hereafter make, and shall not hereafter create any engagements or obligations in the name of or against the other and shail never hereafter secure or attempt to secure any credit upon or in connection with the other, or in his or her name and each of them will promptly pay all debts and discharge all financial obligations which each may incur for himself or herself and will hereafter hold the other free and harmless and indemnify the other from any and all subsequent debts, obligations, or liabilities which each may incur or sustain. 8. WAIVER OF CLAIMS AND MUTUAL GENERAL RELEASES. Except as otherw se SEPARATION AGREEMENT AND PROPERTY SETTLEMENT Between Mary Lohmueller Saltamartini and Blake Saltamartini Page 2 provided herein, each party does hereby waive, release, and discharge for himself or herself and his or her heirs, legal representatives, executors, administrators, and assigns from any and all causes of action, claims, rights, or demands whatsoever in law or equity, which either of the patties had or now has against the other or against any third party arising out of the marital relationship, including, but not limited, to any and all claims for alienation of affection, criminal conversation, invasion of privacy, infliction of distress, any: other tort claims, necessaries, spousal support, alimony, maintenance, postseparation support, temporary alimony, and attorney fees, except any and all causes of action for divorce based on one year's separation or any other such no fault ground that might exist in any jurisdiction in which either party might become a resident. Provided, however, that nothing in this paragraph shall be construed as a waiver by either party of the right to enforce the terms and provisions of this Agreement. 9. CHILD CUSTODY. The parties have reached an agreement regarding custody of their! minor child, as follows: A. Legal Custody. The parties shall share joint legal custody of the minor child. The parties shall make good faith efforts to reach joint decisions reparding any major issues pertaining to the health, welfare, and education of the minor child; provided, however, that in the event of a dispute between the parties regarding a major issue pertaining to the health, welfare, and/or education of each child, the parties shall follow the recommendations of the professional(s) or provider(s) involved in that decision. Each party shall keep the other party informed of any major issues pertaining to the health, welfare, and education of the minor child. Each party shall keep the other party informed of any serious accident, illness, or injury affecting the child. : Each party shall have equal access to records and information concerning the child, including but not limited to, medical, dental, health, mental health, school and educational records, and each party shall be entitled to communicate directly with any health care or educational professional rendering. setvices to the child. Each party shall inform the other of any meetings or appointments concerning the child's education or health at the time the meeting or appointment is made and shall inform the other of the schedule of any of the child's programs or special activities as soon as this schedule is conveyed to him or her. Each party shall inform the other party of arly diagnosis, prognosis, and any other information received from medical and/or mental health provider(s) regarding the minor child. Both parties are authorized to seek emergency medical treatment or care for the minor child. Each party shall insure that the other party is identified : (including contact information) as the parent of each child on whatever forms or paperwork may be filled out or submitted to each child's school, to any professional providing services to each child, and to any other persona or entity requesting or requiring information about the parents of each child. Except as otherwise agreed between the parties in writing, and for so long as Husband continues to reside in the Marital Residence or in a location with the same base school as the Marital Residence, then Husband's address (which is the Marital Residence) shallassignment be the | child's address for public school assignment purposes (.c., her base school" shall be assigned | using Husband's address); and if Husband no longer resides in the Marital Residence or a location with the same base school assignment as the Marital Residence but if Wife lives in a location with the same base school assignment as the Marital Residence, then Wife's address shall be used for public school assignment purposes. B. Regular Physical Custody. The patties shall share custody of the child on a flexible, cooperative schedule that takes into account each party's work schedule and the schedules, activities, and needs of the child. The default custodial schedule shall be an equal 50/50 physical SEPARATION AGREEMENT AND PROPERTY SETTLEMENT : Between Mary Lohmueller Saltamartini and Blake Saltamartini Page 3 custodial schedule, with the parties operating on a 2/2/5 schedule. Wife shall have custody of the minor child every Monday/Tuesday; Husband shall have custody of the minor child every Wednesday/Thursday and the parties shall alternare the weekends. C. Holidays. Except as otherwise mutually agreed upon between the parties, the : minor child shall be with each of the parties at holidays and other special times as set forth below. These holiday and school break provisions shall supersede the regular custodial schedule set forth in Paragraph 11.B. above. In the event the holiday and school break schedule would result in one ' party having the child with him or her during the other party's regular custodial time, the parties shal not rearrange the regular schedule but, instead, the regular residential pattern shall continue;as if there had been no superseding holiday or school break. 1. Mother's Day / Father's Day. The child shall be with the honored parent for the holiday, from 8:00 a.m. on the holiday until school/daycare resumes after the holiday (or until 8:00 a.m. on the Monday after the holiday if school/daycare is not in session). 2. Spring Break / Easter: In even-numbered years, the child shall be with Wife for! the Easter holiday (to include Spring Break at such time as the child attends a school for which there is a scheduled spring break) from the time school releases prior to the holiday until the time school resumes on the Monday after Easter (or unti1 8am on the Monday after Easter if school is not in session). In odd- : numbered years, the child shall be with Husband for the Easter holiday (to include Spring Break at such time as the child attends a school for which there is a ; scheduled spring break) from the time school releases prior to the holiday until the time school resumes on the Monday after Easter (or until 8am on the Monday after Easter if school is not in session). In the event the minor child's Spring Break does not align with the Easter holiday, then in even numbered years Wife shall have custody of the minor child from Friday when school recesses for the Spring Break holiday until school resumes at the conclusion of the Spring Break holiday. This schedule shall reverse in odd-numbered years such that Husband has custody of the minor child over the Spring Break holiday. 3. Thanksgiving: In even-numbered years, the child shall be with Husband for Thanksgiving (Wednesday at the time of school recess or 12pm if school is not in session through 12pm on Friday) and with Wife for the weekend immediately after : Thanksgiving (12pm on Friday through Sunday at 12pm). In odd-numbered years, the child shall be with Wife for Thanksgiving (Wednesday at the time of school . recess or {2pm if school is not in session through 12pm on Friday) and with Husband for the weekend immediately after Thanksgiving (12pm on Friday through Sunday at 12pm). ; 4, Christmas Break: The regular custodial schedule shall remain in effect during the school Christmas Break, except as follows: In even-numhered years, the child shall be with Husband from 6:00 p.m. on December 22 through 6:00 p.m. on December 24, then with Wife from 6:00 p.m. on December 24 through 6:00 p.m. on December 26. In odd-numbered years, the child shall be with Wife from 6:00 p.m. SEPARATION AGREEMENT AND PROPERTY SETTLEMENT Between Mary Lohmueller Saltamartini and Blake Saltamartini Page 4 on December 22 through 6:00 p.m. on December 24, then with Husband from 6:00 p.m. on December 24 through 6:00 p.m. on December 26. 5. Extended Weekends: The custodial parent who is exercising regular alternating weekend custody of the child shall be permitted to extend his/her custodial time by 24 hours if a work/school holiday or teacher workday immediately precedes or immediately follows the regular custodial weekend (Le., to add one extra day to the weekend in the event of a Friday or Monday holiday or teacher workday). 6. Vacation: The regular custodial schedule shall remain in effect during school breaks /trackout periods, except that each party shail be permitted to exercise two (2) non-consecutive vacation weeks (7 total overnights, Friday-to-Friday, to include that party's regular alternating weekend) with the minor child per year,tobe exercised during the child's school breaks and/or trackout periods. Each party shall notify the other party in writing at least thirty (30) days in advance of his or ; her desired vacation week(s) with the child. If there is a conflict about the parties' desired vacation weeks, then Wife shall have first choice of vacation weeks in odd- numbered years and Husband shail have first choice of vacation weeks in even- numbered years. Provided, however, that if one party fails to notify the other party MEE of his or het desired vacation weeks at least thirty (30) days in advance, then the | party who provided timely notice of his or her desired vacation weeks shall have ' first choice of vacation weeks for that year. Provided, however, that each party's vacation weeks shall not take precedence over the other party's holiday time as outlined herein and, in the event of a conflict, the parties shall follow the holiday; schedule outlined herein for the other holidays. D. Custodial Exchanges. All references to the beginning or the end of "school" shall be interpreted to include childcare and/or camp, so that custodial exchanges shall be conducted by dropping off and/oror picking up from school, childcare, or summer camp rather than by direct | exchanges between the parties whenever possible. Except as otherwise agreed between the parties and for so long as the parties continue to reside within thirty (30) miles of each other, then for all custodial exchanges that do not coincide with the beginig or end of school, childcare, or summer camp, the party gaining custody of the child shall pick up the child from the residence of the other party. E, Address/Phone/Email Changes. Each patty shall at all times keep the other; informed of his or her place of residence, his or her current phone number, and his/her current email address and shall notify the other in writing thirty (30) days in advance (or as far in advance as reasonably practicable) of any change of address, telephone and/or cellular phone = mber, and email address. Neither party shall relocate more than thirty (30) miles from the other party without advance written consent from the other party. F. Telephone Contact. Each party is entitled to speak with the child by telephone (or FaceTime or other compatable communication method) at reasonable times and intervals when the child are with the other parent. The child will have open telephone access to both parties at all times and the custodial party shall assist the child in calling the non-custodial party at reasonable times and intervals if requested by the child. Each party shall have the child return calls or SEPARATION AGREEMENT AND PROPERTY SETTLEMENT Between Mary Lohmueller Saltamartini and Blake Saltamartini Page 5 voicemail messages from the other party within a reasonable time to ensure that the non-custodial party has reasonable telephone access to the child. Both parents shall be available to the other party in case of emergency and shall promptly answer any calls or texts in case of emergency. G. Travel. In the event that either parent plans to travel overnight with the minor ; child, that parent shall notify the other parent by email as far in advance of the travel date reasonably practicable. At that time, the traveling parent shall notify the other patent of the travel itinerary (including flight or travel schedule if applicable) and contact information, including address and telephone numher of the location(s) where the child will be while traveling and emetgency contact information for the traveling party. H. Right of First Refusal. If either party will be unavailable to care for the child overnight during his/her custodial time, that party shall notify the other party and offer the non- custodial party the right of first refusal opportunity to care of the child while the custodial parent is unavailable before engaging a third party (including a relative or significant other) to care for the child. The offering party shall notify the other party as far in advance as possible of the need for such care and the non-custodial party shall respond to the offer within three days (or in a shorter time period if required by the date(s) on which care is needed) to confirm whether the non- custodial party is available and wishes to provide care for the child. An overnight for purposes of this paragraph shall be defined as 8:00pm through 7:00am. I. Attendance at Activities. Except in the event of emergency, both patties shall make all reasonable efforts ensure that the child attends her school and/or extracurricular activities and shall notify the other parent if the custodial parent is unable to transport the child to/from their activities so that the non-custodial parent may ensute the child attend her activities. Each party is permitted and encouraged to attend the minor child's school, sports, and extracurricular events and activities regardless of whether those events and activities occur during that patty's custodial time. J. SchoolAttendance. The custodial parent shall promptly notify the other parent if a child does not attend preschool or school during his/her custodial time. The custodial parent shall notify the other parent if the custodial parent is unable to transport the child to/from preschool or school so that the non-custodial parent may ensure the child attends preschool or school. i K. Non-Disparagement. Each party shail at all times encourage and foster in the child sincere respect and affection for both parents. Each party shall support and encourage the minor child's relationship with the other party and with the other party's extended family, Neither party shall speak nor permit thitd parties to speak negatively or make disparaging remarks about the; other party or the other party's family in the presence or heating of the minor child. L. Dating Relationships. Neither party shall introduce the child to any romantic, - dating, and/or sexual parmer until such time as that patty has been in an exclusive, committed dating relationship with that partner for at least six months and in no event before six (6) months after execution of this Agreement. Neither party shall permit any romantic, dating, and/or sexual pattner to spend the night with the party during his/her custodial time until such time as that party has been in an exclusive, committed dating relationship with that parmer for at least twelve (12) months and in no event before twelve (12) months after execution of this Agreement. Each party shall notify the other party at least two (2) weeks in advance at such time as that party intends to! SEPARATION AGREEMENT AND PROPERTY SETTLEMENT Between Mary Lohmueller Saltamartini and Blake Saltamartini Page 6 introduce a partner to the child or permit the partner to spend the night during his/her custodial time. 10. CHILD SUPPORT. The parties agree to share support obligations for their child as set forth below: A. Work-Related Child CareExpenses. Each party shall be responsible for paying t 50% of the child's work-related childcare expenses. If possible, each party shall pay his/her 50% share directly to the provider. This shared obligation includes childcare expenses and track- out/summer day camp expenses that may be incurred for the benefit of the child as she enters | elementary school. This paragraph does not apply to expenses for overnight camps the child may attend in the future unless both parties consent in advance to incur that expense. This paragraph also does not apply to the expenses associated with the minor child's attendance at Preschool at | the Creek at Richland Creek Community Church through May 2024, which are currently paid by Husband's mother and will continue to be paid by Husband's mother through May 2024. In the event that a party pays more than fifty percent (50%) of such expenses to the provider, then the patties shall reconcile these expenses as set out in paragraph 12.E. below. B. Health Insurance. Husband shall maintain in full force and effect a policy of health insurance covering the child, comparable to the coverage now provided by him for the benefit of the child, for so long as the child are eligible for said coverage by Husband. Husband shall provide documentation to Wife of the child's coverage and benefits and copies of the child's insurance catds, with this information to be provided to Wife at least annually or more frequently as updated documentation becomes available. C. Out of Pocket Medical Expenses, Wife shall pay 50% and Husband shall pay 50% of the child's reasonably necessary health/medical and dental expenses (including, but not limited to, ptescriptions, copays, deductibles, mental health, and orthodontia) that are not compensated © for by insurance. D. Extracurricular Expenses. Wife shall pay 50% and Husband shall pay 50% of the child's extracurricular expenses (including uniforms, required gear and equipment, and tuition/ fees); provided, however, that neither party is obligated to pay for extracurricular expenses unless that party agreed in advance in writing for the child to participate in that activity. An email or text message whose receipt is acknowledged shall satisfy the writing requirement. E. Reconciliation of Expenses. For al expenses to be shared by the parties on behalf : of the child as set out in paragraphs 12.A. through 12.D. above, the paying party shall provide documentation of all such expenses incurred to the other party within thirty (30) days of the expense; and reimbursement shall be made by the non-paying party for the expense within thirty (30) days of receiving the documentation from the paying party. F. Dependency Exemptions. Wife shall be entitled to claim the dependency exemption for the minor child on her Federal and State tax returns in even-numbered years; and ' Husband shal claim the child on his Federal and State tax returns in odd-numbered years. G. Terminating Events. Except as otherwise set forth above, the parties' obligations SEPARATION AGREEMENT AND PROPERTY SETTLEMENT Between Mary Lohmueller Saltamartini and Blake Saltamartini Page 7 for support of each child shall continue nnril the first to occur of the following circumstances for that child: 1. Death of the child; ot 2. Death of either party; or 3. The child reaching the age of 18, unless the child is still attending or secondary school at the time the child attains age 18, in which case child support shall | continue the earliest to occur of the following: the child graduates, otherwise ceases to attend school on a regular basis, fails to make satisfactory academic propress towards graduation, or reaches age 20. ii. PROPERTY SETTLEMENT. In full settlement of all property rights and questions between the parties, in satisfaction of North Carolina General Statutes § 50-20 et seq. and pursuant to § . 50-20(d) and to Sections 1041 and 2516 of the Internal Revenue Code as non-taxable transfers, the parties agree as follows: A. MARITAL RESIDENCE. At the time of the parties' separation, the parties own as tenants by the entirety the residence located at 900 Big Bend Court, Wake Forest, North Carolina 27587 (the "Marital Residence"). The parties acknowledge that the Marital Residence was sold by Glenn and Niane Rupert (the "Ruperts," who are Husband's mother and stepfather) to the parties in October 2022 for $280,000.00. The Ruperts made a gift of equity to Husband and Wife in the amount of $85,000.00. The Marital Residence is encumbered by a mortgage in the Husband's name alone, which had an originating halance of $205,000 (Le., the total amount paid to the Ruperts to acquire the Marital Residence) and a current balance of approximately $204,000. If Husband has paid/shall pay the distributive award as set forth below, Wife shall vacate the Marital Residence within fifteen (15) days of execution of this Agreement ot by May 20, 2023, whichever first occurs; and Husband shal thereafter be entitled to exclusive possession of the Marital Residence. Husband shall hereafter be responsible for timely payment of the mortgage secured by the Marital Residence and for payment of all taxes, insurarice, utility bills and other expenses related to the Marital Residence and shall indemnify and hold Wife harmless therefrom. Husband shall hereafter be entitled to claim all tax benefits associated with the Marital Residence. Contemporaneously with payment to Wife of the distributive award as set out below, Wife shall execute a Special Warranty Deed convey Wife's right, title and interest in the Marital Residence to Husband and the Marital Residence shall thereafter belong to Husband as his sole and separate property. B. Household Furnishings. Except for the items listed below that are to be distributed to Wife and two shotguns in Husband's possession helonging to Wife's grandfather, Husband shall retain all household furnishings and personal property located in the Marital Residence. Husband shall return the two shotguns to Wife when she vacates the Marital Residence. essica: To Blake: Charley/Penny ax Sofa Queen size bed and bedframe King size bed and bedframe Workshop and tools/equipment Georgia's crib/bed ¥ Georgia's toys Ye Georpia's toys % Georpia's clothes SEPARATION AGREEMENT AND PROPERTY SETTLEMENT Between Mary Lohmueller Saltamartini and Blake Saltamartini Page 8 12 Georgia's clothes King size headboard Georpia's changing table Kitchen table/chairs Childhood furniture Riding lawn mower Living room lamps 16' trailer Grandfather's tools Childhood mementos Childhood mementas Ys p assware/silverwate/plates 12 plassware/silverware/plates Dan-Dan's recliner Big pan from Target Living room tv/soundbar/Xbox Coffee table / end tables Entertainment Center Glider rocker Georgia's razor House decorations Grills Bedroom TV Georp a's toybox 2 Firesticks Blake's gun safe and ammo Georgia's bouncy house Washer/dryer 7 Georpia's jeep Firepit Keurig and stand Dyson vacuum Granddaddy's pun safe Pictures of Georgia Pictures of Georp a Wedding repistry Ashley wedding sign Short and tall dressers from master 1 large dresser from master bedroom % linens ¥ linens Emeril Lagasse microwave Cow picture in master Train set in payroom Grey GBS sion Pineapple piggy bank Georgia's mitror decorations Decorative pillows from master Scale Shark vacuum Picture by door of all Swinging picture White bookcase with baskets Crock pot White bathroom stool Air fryer White wicker hamper Shower curtains Monitor Sam wedding picture White bookcase in playroom Pink/purple shelves in playroom Grey bookcase in playroom 2 chairs from outdoor furniture Personal Belongings. Each party hereby acknowledges sole ownership in the other party of all his or her wearing apparel, personal ornaments and other personal effects. SEPARATION AGREEMENT AND PROPERTY SETTLEMENT Between Mary Lohmueller Saltamartini and Blake Saltamartini Page 9 D. Vehicles The parties hereby agree to the following disposition of their motor vehicles: I 1. Wife. Wife currently operates a 2016 Toyota Camry titled to Husband and Diane Rupert. There is a loan secured by this vehicle with an approximately balance of $7,000, owed in the name of Husband and Diane Rupert. Wife shal! be solely liable for the maintenance of said vehicle hereafter. Husband and Diane Rupert shall contiaue the insurance policy currently in effect on the vehicle until such time as the vehicle has been transferted into Wife's name alone, but Wife shall reimburse Husband and Diane Rupert for 100% of the cost of insurance for the vehicle for so long as the vehicle remains titled to Husband and Diane Rupert, with Wife to reimburse Husband/Diane Rupert within ten (10) days of receiving documentation of the insurance expense incurred for coverage on this vehicle. Wife shall hereafter be solely responsible for the timely payment of any debt. secuted by this vehicle and shall indemnify and hold Husband harmless from any such expense. Wife, within her sole discretion, may sell or trade this vehicle at any time and if Wife has reimbursed them for all insurance expenses for the vehicle through that date, then Husband and Diane Rupert shall execute whatever documents are necessary at that time to facilitate that sale/trade; and Wife shall retain 100% of any proceeds resulting from the sale/trade of this vehicle. Alternatively, if Wife elects not to sell/trade the vehicle, then at such time as the debt secured by this vehicle is paid off in full (or at such time as Husband and Diane Rupert have otherwise been removed from all liability for that debt), and if Wife has reimbursed them for all insurance expenses for the vehicle through that date, then Husband and Diane Rupert shall execute whatever documents are necessary to transfer ownership of the vehicle to Wife and the vehicle shall thereafter belong to Wife as her so e and separate property. 2. Husband. Wife hereby transfers, assigns, and relinquishes unto Husband ; any and all of her right, title, and interest in the 1994 Ford F150 and the 2014 Ford F150. Said vehicles shall hereafter belong solely to Husband, free and clear from any claim or | right of Wife. Husband shall be solely liable for the maintenance and insurance of said vehicles hereafter. Husband shall be solely responsible for the timely payment of any debt secured by these vehicles and shall indemnify and hold Wife harmless from any such expense. 3. Transfer of Title To the extent that either party needs to execute any documentation necessary to complete the title transfer of the vehicles as set forth hercin, each party shall execute such document(s) within five (5) days of receiving the documents. from the other patty. The party receiving title to a vehicle pursuant to this section shall be solely responsible for paying any title transfer fees. 4. Negligent Operation. Each party agrees to indemnify and hold the other harmless from all liability arising by reason of their operation of any of the aforesaid vehicle. 5. Return of Keys and (Other Items. To the extent that either party is in possession of keys, title, insnrance documents, registration card, and/or other SEPARATION AGREEMENT AND PROPERTY SETTLEMENT Between Mary Lohmueller Saltamartini and Blake Saltamartini Page 10 items/documents belonging with and/or necessary for operation of the vehicle(s) distributed to the other party, each party shall deliver all such keys, documents, and other items in his/her possession to the party receiving title to that vehicle(s) within five (5) days of execution of this Agreement. E. Banking, Stock, Investment,and Financial Accounts. Each party shall keep as his or her own separate funds any and all accounts or financial assets in his/her sole and separate name as of the date of the execution of this Agreement. F. Pets. Wife shall remove the cats when she vacates the Marital Residence and those cats shall thereafter belong to Wife as her sole and separate property. Husband shall retain the dog as his sole and separate property. : G. Distributive Award. In an effort to achieve a more equitable division of assets and debts, Husband shall pay a distributive award to Wife in the total amount of $20,000.00, with $5,000.00 to be paid to Wife simultancously upon execution of this Agreement and the remaining $15,000.00 to be paid to Wife at such time as Wife vacates the Marital Residence (i.e., within fifteen (15) days of execution of this Agreement or by May 20, 2023, whichever first occurs). H. Present Debts. Husband shall assume, pay, and hold Wife harmless from any credit cards or debts in Husband's individual name not otherwise covered by this Agreement and from any debt owed by either party to Glenn and Diane Rupert and/or to Husband's father. Wife shall assume, pay, and hold Husband harmless from any credit cards or other debts in the Wife's ' individual name not otherwise covered by this Agreement. 'Ihe parties shall not incur any debt in the parties' joint names or in the name of the other party after the date of the execution of this Agreement The parties shall not take any steps to increase the debt owed in the parties' joint names or in the name of the other party after the date of the execution of this Agreement. The parties believe they have addressed all joint outstanding liabilities. In the event that a joint liability has been overlooked, the party actually incurring the liability shall be exclusively responsible for that debt and shall reimburse and hold the other party harmless from such Itability. 12. TRANSFERS OF PROPERTY INCIDENT TO DIVORCE. The parties hereto agree (I) that the transfer of property hereunder is related to the divorce; (ii) that the transfer of property hereunder is a transfer incident to divorce and is related to the cessation of the marriage; (ii) that the intent and purpose of this Agreement is for the transfer of property hereunder to be tax free pursuant to § 1041 of the Internal Revenue Code and the applicable provisions of North Carolina law and for no gain or loss to be recognized by either party as a result of such transfer; and (iv) that they will file 2 formal election if necess ary or otherwise take such actions as may be required by applicable provisions of state or federal income tax law and regulations to give ful force and effect to theit aforesaid intent and purpose i 13. JAX MATTERS. Husband and Wife agree to promptly notify the other in the event the Internal Revenue Service or any state or local taxing authority provides notice of an audit, deficiency, refund, or the adjustment regarding a tax retum that was jointly filed. Husband and Wife further agree to, cooperate fully with the other in any claims for refunds or in defending against any deficiencies that may . be determined with respect to any jointly-filed income tax returns. 14. PROPERTY OWNERSHIP. All property transferred or distributed under the terms of SEPARATION AGREEMENT AND PROPERTY SETTLEMENT Between Mary Lohmueller Saltamartini and Blake Saltamartini Page 11 this Agreement to either of the parties, and all other property now owned or hereafter acquired by either party, shall always hereafter be owned, held and enjoyed by such party independently of any claim or right of the other party, with the full power to dispose of the same as fully and effectively, in all respects and for all purposes, as if he or she were unmarried. 15. RECONCILIATION. All real and personal property or debt transferred pursuant to thi Agreement between the parties shall remain the sole and separate property of the transferee and will not be considered marital property or debt in the event of any reconciliation between the parties. | 16. MARITAL AND DIVISIBLE PROPERTY WAIVER. In accordance with North Carolina General Statute § 50-20(d) and related statutes and case law, the parties hereby acknowledge that the provisions herein made for the distribution of marital and divisible property are equitable and are fair reasonable, and satisfactory to Husband and Wife, and are made in full and complete satisfaction of any and all claims which each party may have against the other party or the property of the other party under the present and future laws of any jurisdiction relating to the distribution of marital or divisible property : including, but not limited to rights to division of property, payment of capital sums or period payments, distributive shares, pension or retirement benefits, life insurance and every other form of property, real or personal, tangible or intangible, vested or contingent. Each party accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of any and all claims or rights which either party: tay now or hereafter have against the other party for the distribution of property. Nothing in this : paragraph shall preclude either party from raising a claim for equitable distribution for the sole and limited purpose of entering any orders which may be required to divide retirement benefits pursuant to this Agreement. 17. DISCLOSURE. Each party has had a full and complete opportunity to make independent inquiry into the financial circumstances of the other and has been informed of the income, assets, property and financial prospects of the other to the extent that the same is desired. Each of the parties has expressly waived any right to further disclosure and is content to rely solely upon the disclosure as made. | Each party acknowledges that a claim based upon incomplete or improper financial disclosure may not be a basis for invalidating or changing any of the terms of this Agreement and is content, nevertheless, to procced on the basis of knowledge as it presently exists. 18. ENFORCEMENT. The parties agree that the remedy at law for any breach of this Agreement will be inadequate unless the provisions hereof shall be enforceable by specific performance and accordingly, either party shall be entitled to specifically enforce each and every provision of this Agreement. The right to specific performance of this Agreement shall be in addition to all other rights and remedies either party may have at law or in equity arising by reason of any breach of the Agreement by the other party. 19. INDEMNIFICATION. If either party hereto for any reason fails to petform his or her financial or other obligations provided for in this Agreement and as a result thereof the other party incurs) any expense to collect the same or otherwise enforce his or her rights with respect thereto, the defaulting party shall indemnify and hold the other harmless from any expense, including reasonable attomey fees : related thereto, and the Coutt shall awatd such expenses, including reasonable attorney fees, as part of the relief granted in any court action to enforce this Agreement. This paragraph shall apply to each paragraph of this Apreement. SEPARATION AGREEMENT AND PROPERTY SETTLEMENT Between Mary Lohmueller Saltamartini and Blake Saltarnartini Page 12 20. VOLUNTARY EXECUTION. Each party acknowledges that this Agreement is entered into of his or her own free will and volition and that no coercion, force, pressure or undue influence has been used against them in the execution of this Agreement, either by the other party hereto or by any other person or persons. Neither party has relied upon any representation or promise in making this Agreement except those expressly set forth herein. 21. INTERPRETATION. If any provision of this Agreement is held to be invalid and unenforceable, all other provisions shall nevertheless continue in full force and effect. No provision of this Agreement shall be interpreted for or against either party because that party, or party's attorney, requested or drafted this Agreement or any provision of this Agreement, and the parties hereby unconditionally waive any such defense or claim regarding any provision of this Agreement. 22, LEGALREPRESENTATION. Each party has been given adequate opportunity seek; representation by counsel of his/her choosing. 23. MODIFICATION. BLAKE SALTAMARTINI SEPARATION AGREEMENT AND PROPERTY