Preview
4 Z2eMoz/
FILED
AUG 1 § 2999
CBRL
SEPARATION AGREEMENT
Agreement made this 11t* day of August, 2022 between Morgan
Smith of Mendon, Massachusetts (hereinafter referred to as "Husband")
and Lucinda Smith of Douglas, Massachusetts (hereinafter referred to
as "Wife").
WHEREAS, Husband and Wife were married at Lincoln,
Rhode Island on June 29, 2008; and
‘WHEREAS, irreconcilable differences have arisen between Husband
and Wife, by reason of which they have lived separate and apart from
each other since July 24, 2022; and
WHEREAS, there is one minor child of the marriage —Taylor
Brooke Smith, age 13 and 9 months, Date of Birth: October 24,
2008; and
WHEREAS, the Husband and Wife have filed a joint petition for
divorce, on ,2022, pursuant to M.G.L. c.208, Sec. 1A in
the Worcester County Probate and Family Court; and
WHEREAS, the parties desire and intend to remove the subject
matter hereof from any present litigation and to resolve and settle
at this time those matters relating to the interests of Husband and
Wife in, and the rights and obligations of the Husband and the Wife
with respect to their relationship as Husband and Wife and the
termination thereof, including but not limited to:
(a) The property rights of each of the parties in and to any
and all property, personal, real or mixed,
including but not limited to, any cash in the name of
either or both the parties;
(b) Any amount which should be paid at this time to the Wife or
Husband for her or his support and maintenance,”
in consideration of the provisions of M.G.L.
c.208, §28;
(c) Whether and to what extent all or any part of the
property of the Husband and Wife shall be assigned to
the other pursuant to the provisions of M.G.L. c.
208, $34; and
(d) Other rights, privileges, obligations and
responsibilities, arising from or in connection with
the marital relationship and the termination thereof,
and those matters which should be settled in view of
the presently existing action for divorce.
NOW, THEREFORE, in consideration of mutual promises,
agreements and covenants hereinafter contained, Husband and
Wife mutually agree as follows:
1. From the date hereof, Husband and Wife may continue to
live separate and apart from each other for the rest of their
lives, as if sole and unmarried, and free from the authority or
interference, direct or indirect, by the other. Neither the
Husband nor the Wife shall molest or interfere with the other's
personal liberty. A breach of this provision shall be civil, not
criminal, in nature, and criminal sanctions shall not be imposed.
2. Husband and Wife each hereby waive any and all rights
at law or in equity to elect or take under any last Will made by
the other, including all rights of dower and curtesy, and hereby
waive, renounce and relinquish to each other, their respective
heirs, administrators, executors and assigns, forever all and
every interest of any kind or character which either may now have
or may hereafter acquire in and to any real or personal property
of the other, whether now owned or hereafter acquired by theother.
3. Husband and Wife shall each have the right to dispose
of his or her property by will or otherwise in such manner as
each may in his or her uncontrolled discretion deem proper, and
neither will claim any interest in the estate of the other except
to enforce any obligation imposed by this Agreement.
4. Except as otherwise herein provided, Husband and Wife
each release and forever discharge the other of any and all
actions, suits, debts, claims, demands and obligations
whatsoever, both in law and in equity, which either of them has
ever had, now has or may hereafter have against the other, upon
or by reason of any matter, cause or thing up to the date of this
Agreement, including but not limited to, claims against the
property of the other, it being the intention of the parties that
henceforth there shall exist as between them only such rights and
obligations as are specifically provided for in this Agreement.
5. Husband and Wife each warrant, represent and agree
that they will not hereafter contract or incur debt, charge or
liability whatsoever in the name of the other, or for which the
other, his or her legal representatives, or his or her property
of estate will or may become liable. Husband and Wife each
further covenant at all times to hold the other free, harmless
and indemnified from and against any and all charges or
liabilities contracted or incurred by him or her in breach of the
provisions of this paragraph, and from any and all attorney'sfees, costs and expenses incurred by the other as a result of any
such breach.
6. EXHIBITS
There are annexed hereto and hereby incorporated and made a
part of this Agreement, Exhibits A, B, C, D, E, F, G, H, I, and
J. The Husband and Wife agree to be bound by and to perform and
carry out all of the terms of these Exhibits to the same extent
as if each of these Exhibits was fully set forth in the text of
this Agreement.
7. SURVIVAL OF AGREEMENT AFTER DIVORCE
At any hearing on the divorce complaint, a copy of this
Agreement, signed and acknowledged by the parties shall be
submitted to the Court with the request that it be incorporated in
the judgment of divorce. Notwithstanding such incorporation, this
Agreement shall be merged in part and shall survive in part. As to
those matters pertaining to the children such as support, custody
and visitation it will merge with the judgment of divorce. As to
all other matters it will survive such judgment and shall have
independent legal significance and will be forever binding upon
the Husband and the Wife and their respective heirs, executors,
administrators, assigns and other legal representative. The
purpose of this paragraph is (1) to protect both parties against
any attempt by the other party to vary the terms of this Agreement
after the entry of judgment nisi and/orfinal judgment, except for matters relating to support, custody and
visitation which shall not survive and shall merge with said
judgment, and (2) to enable the Husband and Wife to procure an
enforcement of terms of this Agreement as incorporated in a
judgment of divorce in the Worcester Probate and Family Court or as
a binding contract in any Court with jurisdiction over the person
or property of the other party.
8. In the event of breach by either party of any term,
condition or provision of this Agreement, the other party shall
have the right to take immediate action, either in law or in
equity, to seek redress for any such breach. However, failure of
either party to insist in any instance upon the strict
performance of any of the terms hereunder shall not be construed
as a waiver of such term(s) for the future, and the same shall
nevertheless continue in full force and affect. Husband and Wife
each accept the covenant of the other as set forth in this
Agreement as a full and complete settlement of each other's
obligations, now and in the future. Each party hereby indemnifies
and holds the other party harmless from and against any losses
incurred by the other party as a result of breach of this
Agreement, and from and against any and all attorney's fees,
costs and expenses incurred in enforcing the provisions of this
Agreement.
9. In the event of any dispute concerning the
interpretation, meaning or application of this Agreement, thematter in dispute shall be submitted to the Probate and Family
Court of competent jurisdiction for resolution.
10. Husband and Wife have incorporated into this Agreement
their entire understanding. No oral statements or prior written
matter extrinsic to this Agreement shall have any force or
effect, except that the parties state and acknowledge that they
rely on the Rule 401 Financial Statements filed by each of them
and the full and complete disclosures contained therein.
11. Husband and Wife each declare and acknowledge that each
of them understands the position, circumstances and prospects of
each other, and the terms, provisions and conditions of this
Agreement, and believe its terms, conditions and provisions to be
fair, adequate and reasonable. Husband and Wife further declare
and acknowledge that each of them has had the opportunity for
independent legal advice by counsel of his or her own choosing.
Each further acknowledges that he or she enters into this
Agreement freely and voluntarily, after having ascertained and
weighed all the facts and circumstances likely to influence their
judgment herein. They further acknowledge that they have read this
Agreement line by line, and that they clearly understand and
assent to all the provisions hereof, with the understanding that
each will be bound by the terms hereof for all time and in the
future.
12. This Agreement is entered into and is to be construed
and governed in all instances according to the statutes andcommon law of the Commonwealth of Massachusetts. Except as
otherwise provided, all covenants and agreements contained herein
shall be binding upon the parties hereto and to their respective
heirs, executors, administrators, successors and assigns, and may,
upon breach, at the election of the parties hereto, be made the
subject of injunctive proceedings or proceedings for specific
performance.
13. This Agreement shall not be altered or modified in
any respect except by an instrument signed and acknowledged in
duplicate by Husband and Wife.
14, Whenever called upon to do so by the other party, each
party shall forthwith execute, deliver and acknowledge to and
for the other party, without consideration therefore, any and
all deeds, assignments, bills of sale, tax returns, instruments
or other documents that may be necessary or convenient to carry
out the terms and conditions of this Agreement. Husband and Wife
agree to execute and deliver in proper form and expeditiously
any and all papers, documents, instruments, deeds, agreements
and releases and the like, which may be reasonably necessary to
effectuate any transfers intended to be accomplished hereunder.
15. There are annexed hereto and hereby made a part hereof,
Exhibits A, B, C, D, E, F, G, H, I, and J. Husband and Wife agree
to be bound by, and to perform and carry out all the terms of
said Exhibits, to the same extent as if each of said Exhibits was
fully and separately set forth in the text of this Agreement.IN WITNESS WHEREOF, MORGAN D. SMITH AND LUCINDA R.
SMITH, HEREUNTO SET THEIR HANDS AND SEALS ON THIS 11" DAY
OF AUGUST, 2022.
il idk
MORGAN DA MITH LUCINDA R. SMITH
COMMONWEALTH OF MASSACHUSETTS
WORCESTER, SS.
Then personally appeared the above-named MORGAN D. SMITH
and LUCINDA R. SMITH and acknowledged the foregoing instrument to be
his/her free act and deed before me.
“Ny
ss pRA G ey,EXHIBIT A
SUPPORT AND MAINTENANCE
I. CHILD SUPPORT
The Husband and Wife have reviewed the matter of support for
the child and have agreed to the following:
A. The Husband shall pay directly to the Wife commencing
July 27, 2022, and each and every week thereafter, the weekly
sum of $200.00 per week, as child support for the minor child
of the parties.
B. In accordance with Section 71(b) (1) (B) of the United
States Internal Revenue Code of 1985, as amended, Husband and
Wife expressly agree to designate, and herewith do designate,
all payments required under this Exhibit as excludable and non-
deductible payments for the purposes of Sections 71 and 215 of
the Code respectively.
Cc. The Husband shall continue to make child support
payments to the Wife for the benefit of the minor child until
the emancipation of the child. For the purposes of this
paragraph, emancipation of a minor child shall be defined as the
later to occur of the following events:
1. Attaining the age of eighteen(18); unless the child is
domiciled in the home of the Wife and is principally dependent
on the Wife and, if so, emancipation shall occur when the child
attains the age of Twenty-three (23);
2. If the child attains the age of Twenty-three (23) and
thereafter is domicile in the home of the Wife, is principally
dependent on the Wife and is enrolled in post-secondary
education program, in which case, until the earlier of the child
terminating or finishing said program or attaining the age of10
Twenty-three (23)
3. Marriage;
4. Permanent residence away from the residence of the
Wife. Residence at boarding school, camp or college is not to be
deemed a residence away from the Wife;
5. Death;
6. Entry into the military service of the United States
(provided that emancipation shall be deemed to terminate upon
discharge from such services; thereafter, emancipation shall be
determined in accordance with other applicable provisions of
this paragraph) ;
7. Engaging in full time employment after the age of
18, except that full time employment during vacation and
summer periods shall not be deemed to terminate upon cessation
by the child for any reason from full time employment.
Thereafter, emancipation shall be determined in accordance
with other applicable provisions of this section.
II. INSURANCE
A. The Wife shall maintain the presently existing
medical insurance policy, or its reasonable equivalent, for the
benefit of the minor child. The Husband shall pay one-half the
cost of said plan. The cost of the minor’s medical insurance is
included in the $200.00 weekly child support payment.
B. In the event the Wife is unable to maintain medical
coverage for the minor child, the Husband shall then maintain in
full force and effect a policy of accident and health insurance
or a policy offering comparable benefits for the minox child.
The Husband shall pay one-half of the cost of the family policy.
c. The Wife shall, forthwith, obtain and maintain a
life insurance policy on her life in the minimum amount ofi
$100,000.00. The Husband shall, forthwith, obtain and maintain a
life insurance policy on his life in the minimum amount of
$100,000.00. The minor child shall be the named beneficiary on
each policy.
III. HEALTH AND MEDICAL COSTS
A. The Husband and Wife agree that they shall share
equally on a 50/50 basis all uninsured medical and dental
expenses, including but not limited to, surgical, hospital,
optical, psychiatric, psychological and pharmaceutical expenses,
including copays, incurred by or on behalf of the minor child of
the parties, so long as said minor child are entitled to
payments under this Exhibit A.
B. All reasonable attempts shall be made by the Wife to
contact and consult with the Husband, except in emergencies, in
advance of contemplated orthodontia, major surgery, mental health
care, medical or dental care, and his consent shall be first
ebtained with respect to the decision on the future selection of
dectors and dentists and the decision on the selection of
hospitals, which shall not unreasonably be withheld.
Cc. The Husband shall be responsible for all
uninsured medical and dental expenses incurred by him. Wife
shall be responsible for all uninsured medical and dental
expenses incurred by her.12
EXHIBIT B
CUSTODY AND VISITATION
I. CUSTODY
A. The Husband and Wife shall have joint legal custody of
the minor child of the parties, who shall continue to reside
principally with the Wife. Husband and Wife agree that it is of
paramount importance that the child feels deep and sincere
respect for each parent, and for each parent to refrain from any
act, or from condoning any action by the other, that might tend
to reduce the child's respect and affection for the other parent,
and that the child's relationship with each parent should remain
as close as possible. Accordingly, each party agrees to make no
attempt to estrange the child from the other or to impair the
respect and affection of the child for the other, but on the
contrary, shall at all times encourage and foster in the child
respect and affection for both parents. Husband agrees that the
Wife is the primary caretaker of the child and also agrees that
he will follow the child-rearing policies established by the Wife
for the best interests of the child.
II VISITATION
(1) The Husband shall have reasonable visitation with the
minor child, with a minimum of Twenty-four hour advance notice of
the Wife of requesting visitation. The Husband shall have the
right to have visitation with the minor child at any time which is
deemed mutually agreeable to both the Husband and Wife, while also
considering the minor child’s extracurricular schedule.(2) The Husband and the Wife shall provide the other with
twenty-four hour notice of any scheduled visitation that he or
she intends to cancel, and in the event that an emergency
requires cancellation of any scheduled visitation in less than
twenty-four hours, the Husband and Wife shall provide the other
with notice of such emergency cancellation as soon as possible.
(3) The parties understand that the child have school
and personal requirements and will do everything to encourage
visitation by the child with the Husband as the child's
schedule allows.
(4) In the event of a serious illness or accident, the
party with whom the child are then staying shall immediately
notify the other party and take the necessary action to obtain
medical care for the child. The party notified shall have
reasonable opportunity to visit the injured or ill child during
such illness or after an accident.
(5) Either parent may take the child out of the
Commonwealth for vacations and holidays.
(6) The child are not to be removed from the
Commonwealth by either party for the purpose of
establishing permanent residence outside the
Commonwealth without judicial approval or written
consent of the other party.
1314
III MEDICAL DECISION
(1) Major decisions regarding elective medical or dental
treatment or the advisability of selection of educational
institutions and programs shall be made by both parties in light of
the circumstances, needs and desires of the minor child. In the
event that the parties are unable to agree on such issues, they
shall be submitted to the Worcester County Probate Court by
appropriate motion or complaint.Addendum to Exhibit B,
Section I (Custody),
Paragraph A
Should Husband die, sole custody shall revert to Wife. Likewise,
should Wife die, sole custody shall revert to Husband.16
EXHIBIT C
PERSONAL PROPERTY
A. The Wife hereby releases, transfers and assigns to the
Husband any and all right, title and interest, if any she may
have, in and to the following property, under M.G.L. c. 208, §34:
1. All furniture, furnishings and the contents of the
Husband's current residence;
2. All other tangible and intangible personal property in
the sole possession or control of the Husband,
including the 2021 Chevrolet Colorado and 2017 Harley
Davidson; and
B. The Husband hereby releases, transfers and assigns to
the Wife any and all right, title and interest, if any he may
have, in and to the following property, under M.G.L. c. 208, §34:
1. All furniture, furnishings and the contents of the
Wife's current residence;
2. All other tangible and intangible personal property in
the sole possession or control of the Wife, including
the 2019 Cadillac xT5;17
Cc. The Husband and Wife agree that, with the exception of
those items specifically set forth in this Exhibit C, they have
heretofore divided all of the personal and intangible property,
either jointly or individually owned or acquired by them before
or during the marriage of the parties, in a manner satisfactory
to both parties, having compensated one another therefore, and
they hereby release one another from any claims for the return of
such items of personal or intangible property or for an
accounting therefore. Nothing herein contained shall bar either
party from asserting any claim arising under this Agreement with
respect to the conveyance, delivery, return of, or for an
accounting for, any item of property, real, personal, intangible
or mixed, or the value therefor, where the disposition of any
such item is expressly provided for in this Agreement.EXHIBIT D
REAL ESTATE PROPERTY
The Wife shall retain ownership of the property located at
100 Gilboa Street, Douglas, MA 01516.
1.
The Wife will remain in the home with the sole right to
occupy the property.
. The Wife will continue to be bound to the mortgage
terms, held by Lucinda Smith through Citizens Bank.
. The property deed is listed under Lucinda Smith only,
and that will remain unchanged.
Husband will have no claim or right to said property.
. The real estate property will remain as the Wife’s
property and will be free and clear of all right,
title, and claim of Husband.
. In exchange for any said interest in Wife’s real estate
property, Wife will compensate Husband with a one time,
lump sum payment of $10,000, after the execution of
this agreement has been made by the Husband and the
Wife, and filed with the Worcester Probate Court, to
remove any past, present or future said claims or
rights to the real estate property located at 100
Gilboa Street, Douglas, MA 01516. Payment to be made by
check on August 19, 2022.
. Except as specifically provided herein, any property
set aside to a party hereunder, whether real or
personal, is accepted subject to existing encumbrances
which that party assumes and agrees to pay.19
EXHIBIT E
COLLEGE EXPENSES
1. The Husband and Wife hereby acknowledge that they
believe that it is in the best interests of the minor child to
attend a college or university. However, at this time, neither
party can accurately foresee the cost and expenses related to
such education or their own financial position at the time of
the child's matriculation. Therefore, at this time, the parties
agree to meet and consult with each other at the time the child
applies to college with the aim of agreeing between themselves
the appropriate financial contribution which shall be made by
each party given their then-existing financial circumstances.
2. The Husband and Wife may also at that time negotiate
the appropriateness of continuing support payments and medical
insurance pursuant to Exhibit A herein for each child who is
over eighteen (18) years old and has graduated from high school
but who is attending college on a full-time basis and who
actually resides with the Wife rather than at the college or
with the Husband and is still principally dependent upon the
Husband for support and has not yet attained the age of twenty-
three (23) years. The child will make their best effort to
obtain any and all available forms of financial aid for each and
every school year.
3. In the event that the Husband and Wife are unable to20
agree on the two issues described in this Exhibit, either party may
institute proceedings in a court of competent jurisdiction or may
request binding arbitration by an impartial third party acceptable
to them both for resolution of these specific issues.2
EXHIBIT F
ALIMONY
The Husband hereby waives any and all claims for alimony,
past, present or future from the Wife pursuant to M.G.L. Ch. 208,
Sec. 34,
The Wife hereby waives any and all claims for alimony, past
present and future from the Husband pursuant to M.G.L. Ch. 208
Sec. 34.EXHIBIT G
LIABILITIES
The parties agree that any other indebtedness incurred
during the marriage by either the Husband or the Wife, shall be
the full and sole responsibility of the party incurring the
liability.
2223
EXHIBIT H
PENSIONS, IRA ACCOUNTS, BANK ACCOUNTS, TAXES
A. Each party shall retain sole possession of their
respective bank accounts.
B. Each party shall retain sole possession of their
respective 401k retirement accounts.
Cc. The parties agree to file a separate tax return for the
year 2022 and thereafter. The Wife shall claim Taylor Smith as a
dependent for the year 2022 and thereafter.EXHIBIT I
DEBTS
The Wife shall be solely responsible for the outstanding
credit card debts to:
1. Digital Federal Credit Union credit card of approximately
$6500.00
2. Capital One credit card debt of approximately $6500.00
3. Comenity Bank credit card debt of approximately $4400.00
4. FNBO credit card debt of approximately $900.00
The Husband shall be solely responsible for the outstanding
credit card debts to:
1. Matco Tools credit account of approximately $4465.00
2. Tractor Supply credit card debt of approximately $2300.00
3. Synchrony Bank credit card debt of approximately $570.00
4, Discover credit card debt of approximately $500.00
The Wife shall be solely responsible for the ownership and
payment of the 2014 Keystone Passport Grand Touring camper.
1. The loan account, currently held jointly by Morgan D. Smith
and Lucinda R. Smith, is held at Worker’s Credit Union, with
a debt amount of approximately $9,430.08.
2. The Wife will continue to make monthly payments until said
debt has been satisfied.
2425
3. The Wife will retain sole right, claim and title to the 2014
Keystone camper. The Wife can determine how and when the
camper is used, sold or disposed of at her discretion.
4. The Keystone camper will be free and clear of all right,
title, and claim of Husband.26
EXHIBIT J
COURT COSTS AND COUNSEL FEES IN EVENT OF BREACH
If either the Husband or the Wife shall commit a breach of
any of the provisions of this Agreement and legal action shall be
instituted by the other, the party in breach shall be liable for
all court costs and reasonable counsel fees incurred in instituting
and prosecuting such action.27
COMMONWEALTH OF MASSACHUSETTS
WORCESTER, SS.
Then personally appeared the above-named MORGAN D. SMITH,
and acknowledged the foregoing instrument to be his free act and deed, before me.
ihe Sh
MORGAN D. &MITH
X Cet
COMMONWEALTH OF MASSACHUSETTS
WORCESTER, SS.
Then personally appeared the above-named LUCINDA R. SMITH,
and acknowledged the foregoing instrument to be her free act and deed, before me.
LUCINDA R. SMITH
X Barta 4 Mere
Notary Public
eee enn suiean 5/17/2034RECISTER OF PROBATE
Preview
4 Z2eMoz/ FILED AUG 1 § 2999 CBRL SEPARATION AGREEMENT Agreement made this 11t* day of August, 2022 between Morgan Smith of Mendon, Massachusetts (hereinafter referred to as "Husband") and Lucinda Smith of Douglas, Massachusetts (hereinafter referred to as "Wife"). WHEREAS, Husband and Wife were married at Lincoln, Rhode Island on June 29, 2008; and ‘WHEREAS, irreconcilable differences have arisen between Husband and Wife, by reason of which they have lived separate and apart from each other since July 24, 2022; and WHEREAS, there is one minor child of the marriage —Taylor Brooke Smith, age 13 and 9 months, Date of Birth: October 24, 2008; and WHEREAS, the Husband and Wife have filed a joint petition for divorce, on ,2022, pursuant to M.G.L. c.208, Sec. 1A in the Worcester County Probate and Family Court; and WHEREAS, the parties desire and intend to remove the subject matter hereof from any present litigation and to resolve and settle at this time those matters relating to the interests of Husband and Wife in, and the rights and obligations of the Husband and the Wife with respect to their relationship as Husband and Wife and the termination thereof, including but not limited to: (a) The property rights of each of the parties in and to any and all property, personal, real or mixed, including but not limited to, any cash in the name of either or both the parties; (b) Any amount which should be paid at this time to the Wife or Husband for her or his support and maintenance,” in consideration of the provisions of M.G.L. c.208, §28; (c) Whether and to what extent all or any part of the property of the Husband and Wife shall be assigned to the other pursuant to the provisions of M.G.L. c. 208, $34; and (d) Other rights, privileges, obligations and responsibilities, arising from or in connection with the marital relationship and the termination thereof, and those matters which should be settled in view of the presently existing action for divorce. NOW, THEREFORE, in consideration of mutual promises, agreements and covenants hereinafter contained, Husband and Wife mutually agree as follows: 1. From the date hereof, Husband and Wife may continue to live separate and apart from each other for the rest of their lives, as if sole and unmarried, and free from the authority or interference, direct or indirect, by the other. Neither the Husband nor the Wife shall molest or interfere with the other's personal liberty. A breach of this provision shall be civil, not criminal, in nature, and criminal sanctions shall not be imposed. 2. Husband and Wife each hereby waive any and all rights at law or in equity to elect or take under any last Will made by the other, including all rights of dower and curtesy, and hereby waive, renounce and relinquish to each other, their respective heirs, administrators, executors and assigns, forever all and every interest of any kind or character which either may now have or may hereafter acquire in and to any real or personal property of the other, whether now owned or hereafter acquired by theother. 3. Husband and Wife shall each have the right to dispose of his or her property by will or otherwise in such manner as each may in his or her uncontrolled discretion deem proper, and neither will claim any interest in the estate of the other except to enforce any obligation imposed by this Agreement. 4. Except as otherwise herein provided, Husband and Wife each release and forever discharge the other of any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of them has ever had, now has or may hereafter have against the other, upon or by reason of any matter, cause or thing up to the date of this Agreement, including but not limited to, claims against the property of the other, it being the intention of the parties that henceforth there shall exist as between them only such rights and obligations as are specifically provided for in this Agreement. 5. Husband and Wife each warrant, represent and agree that they will not hereafter contract or incur debt, charge or liability whatsoever in the name of the other, or for which the other, his or her legal representatives, or his or her property of estate will or may become liable. Husband and Wife each further covenant at all times to hold the other free, harmless and indemnified from and against any and all charges or liabilities contracted or incurred by him or her in breach of the provisions of this paragraph, and from any and all attorney'sfees, costs and expenses incurred by the other as a result of any such breach. 6. EXHIBITS There are annexed hereto and hereby incorporated and made a part of this Agreement, Exhibits A, B, C, D, E, F, G, H, I, and J. The Husband and Wife agree to be bound by and to perform and carry out all of the terms of these Exhibits to the same extent as if each of these Exhibits was fully set forth in the text of this Agreement. 7. SURVIVAL OF AGREEMENT AFTER DIVORCE At any hearing on the divorce complaint, a copy of this Agreement, signed and acknowledged by the parties shall be submitted to the Court with the request that it be incorporated in the judgment of divorce. Notwithstanding such incorporation, this Agreement shall be merged in part and shall survive in part. As to those matters pertaining to the children such as support, custody and visitation it will merge with the judgment of divorce. As to all other matters it will survive such judgment and shall have independent legal significance and will be forever binding upon the Husband and the Wife and their respective heirs, executors, administrators, assigns and other legal representative. The purpose of this paragraph is (1) to protect both parties against any attempt by the other party to vary the terms of this Agreement after the entry of judgment nisi and/orfinal judgment, except for matters relating to support, custody and visitation which shall not survive and shall merge with said judgment, and (2) to enable the Husband and Wife to procure an enforcement of terms of this Agreement as incorporated in a judgment of divorce in the Worcester Probate and Family Court or as a binding contract in any Court with jurisdiction over the person or property of the other party. 8. In the event of breach by either party of any term, condition or provision of this Agreement, the other party shall have the right to take immediate action, either in law or in equity, to seek redress for any such breach. However, failure of either party to insist in any instance upon the strict performance of any of the terms hereunder shall not be construed as a waiver of such term(s) for the future, and the same shall nevertheless continue in full force and affect. Husband and Wife each accept the covenant of the other as set forth in this Agreement as a full and complete settlement of each other's obligations, now and in the future. Each party hereby indemnifies and holds the other party harmless from and against any losses incurred by the other party as a result of breach of this Agreement, and from and against any and all attorney's fees, costs and expenses incurred in enforcing the provisions of this Agreement. 9. In the event of any dispute concerning the interpretation, meaning or application of this Agreement, thematter in dispute shall be submitted to the Probate and Family Court of competent jurisdiction for resolution. 10. Husband and Wife have incorporated into this Agreement their entire understanding. No oral statements or prior written matter extrinsic to this Agreement shall have any force or effect, except that the parties state and acknowledge that they rely on the Rule 401 Financial Statements filed by each of them and the full and complete disclosures contained therein. 11. Husband and Wife each declare and acknowledge that each of them understands the position, circumstances and prospects of each other, and the terms, provisions and conditions of this Agreement, and believe its terms, conditions and provisions to be fair, adequate and reasonable. Husband and Wife further declare and acknowledge that each of them has had the opportunity for independent legal advice by counsel of his or her own choosing. Each further acknowledges that he or she enters into this Agreement freely and voluntarily, after having ascertained and weighed all the facts and circumstances likely to influence their judgment herein. They further acknowledge that they have read this Agreement line by line, and that they clearly understand and assent to all the provisions hereof, with the understanding that each will be bound by the terms hereof for all time and in the future. 12. This Agreement is entered into and is to be construed and governed in all instances according to the statutes andcommon law of the Commonwealth of Massachusetts. Except as otherwise provided, all covenants and agreements contained herein shall be binding upon the parties hereto and to their respective heirs, executors, administrators, successors and assigns, and may, upon breach, at the election of the parties hereto, be made the subject of injunctive proceedings or proceedings for specific performance. 13. This Agreement shall not be altered or modified in any respect except by an instrument signed and acknowledged in duplicate by Husband and Wife. 14, Whenever called upon to do so by the other party, each party shall forthwith execute, deliver and acknowledge to and for the other party, without consideration therefore, any and all deeds, assignments, bills of sale, tax returns, instruments or other documents that may be necessary or convenient to carry out the terms and conditions of this Agreement. Husband and Wife agree to execute and deliver in proper form and expeditiously any and all papers, documents, instruments, deeds, agreements and releases and the like, which may be reasonably necessary to effectuate any transfers intended to be accomplished hereunder. 15. There are annexed hereto and hereby made a part hereof, Exhibits A, B, C, D, E, F, G, H, I, and J. Husband and Wife agree to be bound by, and to perform and carry out all the terms of said Exhibits, to the same extent as if each of said Exhibits was fully and separately set forth in the text of this Agreement.IN WITNESS WHEREOF, MORGAN D. SMITH AND LUCINDA R. SMITH, HEREUNTO SET THEIR HANDS AND SEALS ON THIS 11" DAY OF AUGUST, 2022. il idk MORGAN DA MITH LUCINDA R. SMITH COMMONWEALTH OF MASSACHUSETTS WORCESTER, SS. Then personally appeared the above-named MORGAN D. SMITH and LUCINDA R. SMITH and acknowledged the foregoing instrument to be his/her free act and deed before me. “Ny ss pRA G ey,EXHIBIT A SUPPORT AND MAINTENANCE I. CHILD SUPPORT The Husband and Wife have reviewed the matter of support for the child and have agreed to the following: A. The Husband shall pay directly to the Wife commencing July 27, 2022, and each and every week thereafter, the weekly sum of $200.00 per week, as child support for the minor child of the parties. B. In accordance with Section 71(b) (1) (B) of the United States Internal Revenue Code of 1985, as amended, Husband and Wife expressly agree to designate, and herewith do designate, all payments required under this Exhibit as excludable and non- deductible payments for the purposes of Sections 71 and 215 of the Code respectively. Cc. The Husband shall continue to make child support payments to the Wife for the benefit of the minor child until the emancipation of the child. For the purposes of this paragraph, emancipation of a minor child shall be defined as the later to occur of the following events: 1. Attaining the age of eighteen(18); unless the child is domiciled in the home of the Wife and is principally dependent on the Wife and, if so, emancipation shall occur when the child attains the age of Twenty-three (23); 2. If the child attains the age of Twenty-three (23) and thereafter is domicile in the home of the Wife, is principally dependent on the Wife and is enrolled in post-secondary education program, in which case, until the earlier of the child terminating or finishing said program or attaining the age of10 Twenty-three (23) 3. Marriage; 4. Permanent residence away from the residence of the Wife. Residence at boarding school, camp or college is not to be deemed a residence away from the Wife; 5. Death; 6. Entry into the military service of the United States (provided that emancipation shall be deemed to terminate upon discharge from such services; thereafter, emancipation shall be determined in accordance with other applicable provisions of this paragraph) ; 7. Engaging in full time employment after the age of 18, except that full time employment during vacation and summer periods shall not be deemed to terminate upon cessation by the child for any reason from full time employment. Thereafter, emancipation shall be determined in accordance with other applicable provisions of this section. II. INSURANCE A. The Wife shall maintain the presently existing medical insurance policy, or its reasonable equivalent, for the benefit of the minor child. The Husband shall pay one-half the cost of said plan. The cost of the minor’s medical insurance is included in the $200.00 weekly child support payment. B. In the event the Wife is unable to maintain medical coverage for the minor child, the Husband shall then maintain in full force and effect a policy of accident and health insurance or a policy offering comparable benefits for the minox child. The Husband shall pay one-half of the cost of the family policy. c. The Wife shall, forthwith, obtain and maintain a life insurance policy on her life in the minimum amount ofi $100,000.00. The Husband shall, forthwith, obtain and maintain a life insurance policy on his life in the minimum amount of $100,000.00. The minor child shall be the named beneficiary on each policy. III. HEALTH AND MEDICAL COSTS A. The Husband and Wife agree that they shall share equally on a 50/50 basis all uninsured medical and dental expenses, including but not limited to, surgical, hospital, optical, psychiatric, psychological and pharmaceutical expenses, including copays, incurred by or on behalf of the minor child of the parties, so long as said minor child are entitled to payments under this Exhibit A. B. All reasonable attempts shall be made by the Wife to contact and consult with the Husband, except in emergencies, in advance of contemplated orthodontia, major surgery, mental health care, medical or dental care, and his consent shall be first ebtained with respect to the decision on the future selection of dectors and dentists and the decision on the selection of hospitals, which shall not unreasonably be withheld. Cc. The Husband shall be responsible for all uninsured medical and dental expenses incurred by him. Wife shall be responsible for all uninsured medical and dental expenses incurred by her.12 EXHIBIT B CUSTODY AND VISITATION I. CUSTODY A. The Husband and Wife shall have joint legal custody of the minor child of the parties, who shall continue to reside principally with the Wife. Husband and Wife agree that it is of paramount importance that the child feels deep and sincere respect for each parent, and for each parent to refrain from any act, or from condoning any action by the other, that might tend to reduce the child's respect and affection for the other parent, and that the child's relationship with each parent should remain as close as possible. Accordingly, each party agrees to make no attempt to estrange the child from the other or to impair the respect and affection of the child for the other, but on the contrary, shall at all times encourage and foster in the child respect and affection for both parents. Husband agrees that the Wife is the primary caretaker of the child and also agrees that he will follow the child-rearing policies established by the Wife for the best interests of the child. II VISITATION (1) The Husband shall have reasonable visitation with the minor child, with a minimum of Twenty-four hour advance notice of the Wife of requesting visitation. The Husband shall have the right to have visitation with the minor child at any time which is deemed mutually agreeable to both the Husband and Wife, while also considering the minor child’s extracurricular schedule.(2) The Husband and the Wife shall provide the other with twenty-four hour notice of any scheduled visitation that he or she intends to cancel, and in the event that an emergency requires cancellation of any scheduled visitation in less than twenty-four hours, the Husband and Wife shall provide the other with notice of such emergency cancellation as soon as possible. (3) The parties understand that the child have school and personal requirements and will do everything to encourage visitation by the child with the Husband as the child's schedule allows. (4) In the event of a serious illness or accident, the party with whom the child are then staying shall immediately notify the other party and take the necessary action to obtain medical care for the child. The party notified shall have reasonable opportunity to visit the injured or ill child during such illness or after an accident. (5) Either parent may take the child out of the Commonwealth for vacations and holidays. (6) The child are not to be removed from the Commonwealth by either party for the purpose of establishing permanent residence outside the Commonwealth without judicial approval or written consent of the other party. 1314 III MEDICAL DECISION (1) Major decisions regarding elective medical or dental treatment or the advisability of selection of educational institutions and programs shall be made by both parties in light of the circumstances, needs and desires of the minor child. In the event that the parties are unable to agree on such issues, they shall be submitted to the Worcester County Probate Court by appropriate motion or complaint.Addendum to Exhibit B, Section I (Custody), Paragraph A Should Husband die, sole custody shall revert to Wife. Likewise, should Wife die, sole custody shall revert to Husband.16 EXHIBIT C PERSONAL PROPERTY A. The Wife hereby releases, transfers and assigns to the Husband any and all right, title and interest, if any she may have, in and to the following property, under M.G.L. c. 208, §34: 1. All furniture, furnishings and the contents of the Husband's current residence; 2. All other tangible and intangible personal property in the sole possession or control of the Husband, including the 2021 Chevrolet Colorado and 2017 Harley Davidson; and B. The Husband hereby releases, transfers and assigns to the Wife any and all right, title and interest, if any he may have, in and to the following property, under M.G.L. c. 208, §34: 1. All furniture, furnishings and the contents of the Wife's current residence; 2. All other tangible and intangible personal property in the sole possession or control of the Wife, including the 2019 Cadillac xT5;17 Cc. The Husband and Wife agree that, with the exception of those items specifically set forth in this Exhibit C, they have heretofore divided all of the personal and intangible property, either jointly or individually owned or acquired by them before or during the marriage of the parties, in a manner satisfactory to both parties, having compensated one another therefore, and they hereby release one another from any claims for the return of such items of personal or intangible property or for an accounting therefore. Nothing herein contained shall bar either party from asserting any claim arising under this Agreement with respect to the conveyance, delivery, return of, or for an accounting for, any item of property, real, personal, intangible or mixed, or the value therefor, where the disposition of any such item is expressly provided for in this Agreement.EXHIBIT D REAL ESTATE PROPERTY The Wife shall retain ownership of the property located at 100 Gilboa Street, Douglas, MA 01516. 1. The Wife will remain in the home with the sole right to occupy the property. . The Wife will continue to be bound to the mortgage terms, held by Lucinda Smith through Citizens Bank. . The property deed is listed under Lucinda Smith only, and that will remain unchanged. Husband will have no claim or right to said property. . The real estate property will remain as the Wife’s property and will be free and clear of all right, title, and claim of Husband. . In exchange for any said interest in Wife’s real estate property, Wife will compensate Husband with a one time, lump sum payment of $10,000, after the execution of this agreement has been made by the Husband and the Wife, and filed with the Worcester Probate Court, to remove any past, present or future said claims or rights to the real estate property located at 100 Gilboa Street, Douglas, MA 01516. Payment to be made by check on August 19, 2022. . Except as specifically provided herein, any property set aside to a party hereunder, whether real or personal, is accepted subject to existing encumbrances which that party assumes and agrees to pay.19 EXHIBIT E COLLEGE EXPENSES 1. The Husband and Wife hereby acknowledge that they believe that it is in the best interests of the minor child to attend a college or university. However, at this time, neither party can accurately foresee the cost and expenses related to such education or their own financial position at the time of the child's matriculation. Therefore, at this time, the parties agree to meet and consult with each other at the time the child applies to college with the aim of agreeing between themselves the appropriate financial contribution which shall be made by each party given their then-existing financial circumstances. 2. The Husband and Wife may also at that time negotiate the appropriateness of continuing support payments and medical insurance pursuant to Exhibit A herein for each child who is over eighteen (18) years old and has graduated from high school but who is attending college on a full-time basis and who actually resides with the Wife rather than at the college or with the Husband and is still principally dependent upon the Husband for support and has not yet attained the age of twenty- three (23) years. The child will make their best effort to obtain any and all available forms of financial aid for each and every school year. 3. In the event that the Husband and Wife are unable to20 agree on the two issues described in this Exhibit, either party may institute proceedings in a court of competent jurisdiction or may request binding arbitration by an impartial third party acceptable to them both for resolution of these specific issues.2 EXHIBIT F ALIMONY The Husband hereby waives any and all claims for alimony, past, present or future from the Wife pursuant to M.G.L. Ch. 208, Sec. 34, The Wife hereby waives any and all claims for alimony, past present and future from the Husband pursuant to M.G.L. Ch. 208 Sec. 34.EXHIBIT G LIABILITIES The parties agree that any other indebtedness incurred during the marriage by either the Husband or the Wife, shall be the full and sole responsibility of the party incurring the liability. 2223 EXHIBIT H PENSIONS, IRA ACCOUNTS, BANK ACCOUNTS, TAXES A. Each party shall retain sole possession of their respective bank accounts. B. Each party shall retain sole possession of their respective 401k retirement accounts. Cc. The parties agree to file a separate tax return for the year 2022 and thereafter. The Wife shall claim Taylor Smith as a dependent for the year 2022 and thereafter.EXHIBIT I DEBTS The Wife shall be solely responsible for the outstanding credit card debts to: 1. Digital Federal Credit Union credit card of approximately $6500.00 2. Capital One credit card debt of approximately $6500.00 3. Comenity Bank credit card debt of approximately $4400.00 4. FNBO credit card debt of approximately $900.00 The Husband shall be solely responsible for the outstanding credit card debts to: 1. Matco Tools credit account of approximately $4465.00 2. Tractor Supply credit card debt of approximately $2300.00 3. Synchrony Bank credit card debt of approximately $570.00 4, Discover credit card debt of approximately $500.00 The Wife shall be solely responsible for the ownership and payment of the 2014 Keystone Passport Grand Touring camper. 1. The loan account, currently held jointly by Morgan D. Smith and Lucinda R. Smith, is held at Worker’s Credit Union, with a debt amount of approximately $9,430.08. 2. The Wife will continue to make monthly payments until said debt has been satisfied. 2425 3. The Wife will retain sole right, claim and title to the 2014 Keystone camper. The Wife can determine how and when the camper is used, sold or disposed of at her discretion. 4. The Keystone camper will be free and clear of all right, title, and claim of Husband.26 EXHIBIT J COURT COSTS AND COUNSEL FEES IN EVENT OF BREACH If either the Husband or the Wife shall commit a breach of any of the provisions of this Agreement and legal action shall be instituted by the other, the party in breach shall be liable for all court costs and reasonable counsel fees incurred in instituting and prosecuting such action.27 COMMONWEALTH OF MASSACHUSETTS WORCESTER, SS. Then personally appeared the above-named MORGAN D. SMITH, and acknowledged the foregoing instrument to be his free act and deed, before me. ihe Sh MORGAN D. &MITH X Cet COMMONWEALTH OF MASSACHUSETTS WORCESTER, SS. Then personally appeared the above-named LUCINDA R. SMITH, and acknowledged the foregoing instrument to be her free act and deed, before me. LUCINDA R. SMITH X Barta 4 Mere Notary Public eee enn suiean 5/17/2034RECISTER OF PROBATE