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24CV002682-500
STATE OF NORTH CAROLINA THE GENERAL COURT OF JUSTICE
COUNTY OF JOHNSTON DISTRICT COURT DIVISION
File No.:
MATTHEW S. NARRON,
Plaintiff, COMPLAINT FOR BREACH OF
CONTRACT
Vv.
AMBER LYNN NARRON,
Defendant.
NOW COMES the Plaintiff Matthew S. Narron (hereinafter “Plaintiff” or “Matthew”), by and
through the undersigned counsel, and submits this Complaint against Defendant Amber Lynn
Narron (hereinafter “Defendant” or ““Amber”). In support of this Complaint, Plaintiff alleges and
states as follows:
1 Plaintiff is a resident of Johnston County North Carolina and has been for the previous
six months prior to the filing of this action.
Defendant is a resident of Johnston County North Carolina and has been for the previous
six months prior to the filing of this action.
The Court has jurisdiction over the parties to this action pursuant to N.C. Gen. Stat. §§ I-
75.3, 1-75.4, and other applicable North Carolina law.
The Court has jurisdiction over the subject matter of this action pursuant to N.C. Gen.
Stat. § 1-75.8 and other applicable North Carolina law.
Venue is proper in Johnston County Civil District Court pursuant to N.C. Gen. Stat. §§ 1-
76, 1-82, 7A-240, 7A-244, and other applicable North Carolina law.
Plaintiff and Defendant were married on May 24", 2014, and separated on October 21‘,
2022.
On October 31, 2022, the parties entered into a Separation Agreement and Property
Settlement (hereinafter the “Agreement”, attached hereto as ExhibitA.
This Agreement was executed by both parties and notarized on October 31*', 2022.
Johnston County Clerk of Superior Court
Electronically Filed Date: 5/23/2024 1:12 PM Johnston County Clerk of Superior Court
9. While the parties were married the parties bought real property with an address of 124
Evans Road, Princeton, NC 27569, more particularly described in Deed Book 4816, Page
908, Johnston County Registry, hereinafter referred to as the “Marital Home and Land”.
10. The Marital Home and Land was addressed in the Agreement and pursuant to the
Agreement (See page 7 section 11(a)(2) of the attached Exhibit A):
a. Defendant was to retain possession of the Marital Home and Land for up to one
year from the date of the Agreement (being until October 31°, 2023). See page 7
section 11(a)(2).
While Defendant was in possession she was solely responsible for the mortgage
payments.
Within one year from the date of the Agreement (being until October 31*, 2023)
the Marital Home and Land was to be placed on the market by a real estate agent
agreed to by the parties (agreement as to the real estate agent shall not be unduly
withheld) and sold.
The net proceeds of the sale were to be divided evenly among the parties after
payment of the existing deed of trust, attorney’s fees and all other necessary
closing expenses.
11. During the marriage the parties also acquired a 2008 Dodge Caravan (the “Vehicle”).
12. The Vehicle was also addressed in the Agreement (See page 8 section 11(b)(2) and
required Defendant to arrange the title of the Vehicle to be transferred to her within one
month of the date of the Agreement, October 31%, 2022.
13 Defendant refuses to transfer the vehicle into her name solely.
14 Defendant refuses to sell the Marital Home and Land.
15 Plaintiff continues to meet his obligations under the Agreement by paying alimony and
child support.
16 Pursuant to the Agreement on page 4, Section 6 “Enforcement”, in the event of non-
compliance of any of the material provisions of this Agreement, the party so complying
may initiate an action in the District Court of North Carolina asking for specific
performance of the terms and/or conditions of the Agreement. The non-complying party
shall be responsible to the complying party for any and all expenses incurred by the
complying party in the attempt to obtain specific performance, including attorney's fees.
FIRST CLAIM FOR RELIEF:
BREACH OF CONTRACT
17. Plaintiff hereby incorporates by reference his allegations as set forth in Paragraphs |
through 16 above as if fully set forth herein.
18. The Agreement is a contract, entered into by the parties willingly.
19. The Agreement is supported by adequate consideration.
20. Plaintiff has satisfied his duties under the Agreement and continues to satisfy his duties
under the Agreement.
21, Defendant has breached the Agreement by refusing to allow the Marital Home and Land
to be listed for sale.
22. Defendant has further breached the Agreement by failing to transfer the Vehicle solely
into her own name.
23 Plaintiff has made repeated demands upon Defendant to cure her breach and comply with
the terms of the Agreement.
24. Defendant has refused and continues to refuse to cure her breach of the Agreement.
25 Plaintiff has been injured by Defendant’s breach.
26 Plaintiff is entitled to specific performance of the Agreement requiring the Marital Home
and Land be listed for sell and for the Vehicle to be transferred out of his name and solely
into Defendant’s name.
SECOND CLAIM FOR RELIEF:
DECLARATORY JUDGMENT
27 Plaintiff hereby incorporates by reference his allegations as set forth in Paragraphs |
through 26 above as if fully set forth herein.
28. Pursuant to N.C. Gen. Stat. § 1-253, this Court has the power to enter declaratory
judgments and that said judgment “shall have the force and effect of a final judgment.”
29. Plaintiff is entitled to a declaratory judgment declaring that Defendant is to perform as
required by the Agreement by: (1) selling the Martial Home and Land immediately to
fulfill the terms of the Agreement; (2) that Defendant must immediately have the title to
the Vehicle transferred into her name; and (3) Plaintiff is entitled to recover the costs of
this action to enforce specific performance and attorney fees pursuant to the terms of the
Agreement.
WHEREFORE, the Plaintiff prays unto the Court as follows:
1 Defendant be required to specifically perform her obligations under the Agreement
specifically: (1) to sale the Marital Home and Land immediately and (2) transfer the
title to the Vehicle solely into Defendant’s name immediately;
Plaintiff have and recover from Defendant the cost of this action including his
attorney fees; and
Such other and further relief as the Court deems just and proper.
This the 17" day of April, 2024.
SPENCE, CARTER & REED, P.A.
Me ZR Cac
Michael N. Carter
NC State Bar: 54785
Attorney for Defendant
Post Office Box 1335
212 South Second Street
Smithfield, North Carolina 27577
Telephone: (919) 934-1149
STATE OF NORTH CAROLINA
VERIFICATION
COUNTY OF JOHNSTON
Matthew S. Narron, first being duly sworn, deposes and says:
That he has read the foregoing Complaint, and that the same is true of his own
knowledge, except as to those matters set forth therein upon information and belief; and as to
those, he believes them to be true.
This the 18'" day of April 2024.
Matthew S. Narron
SWORN TO AND SUBSCRIBED before me
this the 18" day of April, 2024.
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Exhibit A r Oh
STATE OF NORTH CAROLINA
SEPARATION AGREEMENT AND
JOHNSTON COUNTY PROPERTY SETTLEMENT
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THIS SEPARATION AGREEMENT, is made and entered into this the 3 __. day of
October, 2022 by and between MATTHEW S. NARRON, hereinafter called "Husband", and
AMBER LYNN NARRON, hereinafter called "Wife", both of Johnston County, North Carolina;
WITNESSETH:
WHEREAS, the parties hereto were lawfully married on or about the 24" day of May,
2014 and lived thereafter as husband and wife until on or about the 2 SGay of October, 2022, at
which time they separated one from the other, and intend to continuously live separate and apart;
and
WHEREAS, there were two (2) children born of the martiage, to wit: Maxton Edwards
Narron, who was born September 27, 2012, age 10; and Porter Cayden Robert Narron, who was
born September 20, 2016, age 6.
WHEREAS, as a result of irreconcilable differences and disagreements, the parties verily
believe they can no longer live together as husband and wife, and it is necessary for the health
and happiness of the parties concerned that the parties hereto live separate and apart; and
WHEREAS, in consideration of the acts and things respectively agreed to be done and
performed, the said parties do mutually agree as follows:
NOW, THEREFORE, to that end, and for and in consideration of mutual covenants,
promises, and agreements herein declared and set forth, and in compliance with N.C.G.S.
Section 50-20 (d), the parties hereto agree as follows:
GENERAL PROVISIONS
1. SEPAR ATE AND APART. From and after the date of this Separation Agreement
or the date of separation above, whichever occurred first, the parties hereto shall live or have
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lived separate and apart from each other in the same manner and to the same extent as though
they had never been married.
2. COVENANT OF NON-INTERFE RENCE. That neither party will molest or
interfere with the personal rights, liberties, privileges or affairs of the other or compel or seek to
compel the other party to cohabit or dwell with him or her by any proceedings for restoration of
the marital rights, or otherwise, and neither party will go on or about the premises of the other
without his or her consent. Each shall henceforth live his or her life as he or she may see fit,
unrestricted in any manner by the marriage relationship previously existing between them. Thus
each party shall be free from interference, authority, and control by the other as fully as if he or
she were sole and unmarried; and each may conduct, carry on and engage in any employment,
business or trade which to him or her shall seem advisable for his or her own sole and separate
use and benefit without and free from any control, restraint or interference by the other party, in
all respects as if each were unmarried.
3. IMPLEMENTATION; SUBSEQUENT TRANSACTIONS. Each of the parties
agrees to execute, on behalf of the other, such conveyance, quitclaim deeds and further
assurances of title as may become reasonably necessary to enable the other party to conveniently
dispose of and convey any of his or her property, either real or personal. It is understood that
this obligation wilt not be construed to impose on the accommodating party any personal liability
with respect to warranty of litle or otherwise, but shall only be required to the extent it is
necessary for one party to further release his or her interest in the properly of the other and to
evidence his or her consent to such disposition of the property by the other.
Each of said parties may, from this date, and at all times hereafter, purchase, acquire,
hold, possess, encumber, dispose of and convey any and all classes and kinds of property, both
real and personal, as though unmarried, and free from the consent, joinder and interference of the
other party, in the same manner and to the same extent as though they had never been married
according to the laws of the State of North Carolina.
Each of said parties will execute and deliver all additional documents and do all such
other acts as may be reasonably necessary to carry out the provisions and intent of this
Agreement.
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4. MUTUAL RELEASE OF MARITAL RIGHTS INCLUDING ALIMONY AND
EQUITABLE DISTRIBUTION AND RIGHTS AGAINST THIRD PARTIES.
Each of said parties hereby waives and releases any and all marital rights each might have
against the other, their heirs and assigns. This waiver and release specifically includes, but is not
limited to, past, present, or future claims to the following: alimony; post separation support or
alimony pendente lite; equitable distribution; support whether under the necessity doctrine or
otherwise (excluding child support); the right to elect to take against the other's will; the right to
distribution or inheritance from or through the other; any spouse's or widow's allowance; the
right to be appointed as a fiduciary as to the other, their estate or property; and all other marital
rights, titles, interests, or elections of any kind as to the other. This is intended as a broad
general release of marital rights with no exceptions and releases all marital rights arising out of
the marriage relationship under present or future laws, and to any and all property or interests of
the other in property, real, personal, and mixed, now owned or hereafter acquired by either party.
Each party agrees in accordance with the waivers herein and the authorizations of North Carolina
General Statutes Section 39- 13.3, Section 39-7, Section 50-20 and Section 52-10 that the other
party may henceforth acquire, hold, manage, alienate, Jease and convey their property without
the knowledge, further consent, or joinder, of the other in accordance with the provisions of
North Carolina General Statute Section 39-13.4, just the same as if he or she had never been
matried to the other party.
Each parly does hereby release and discharge any third party from all causes of action or
claims for alienation of affection, criminal conversation, or similar tort related to or arising out of
any relationship between such third party and the other party. Each party does hereby covenant and
agree that he or she will not institute or pursue such an action or claim against any third party, and
that such institution or pursuit would constitute a material breach of this Agreement. Further, any
such third party is deemed to be a beneficiary of this Agreement, and the provisions of this
Agreement may be plead by such third party in total and absolute bar of such an action ot claim.
It is mutually agreed that in any sale, transfer or conveyance by cither of the partics
hereto of any real or personal property interest 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 sign and execute the deed, deed of trust, mortgage or other instrument of transfer for the
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sale or conveyance of said properties; each of the parties hereto hereby releasing to the other all
right, title and interest that he or she may have or hereafter acquire 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 partics had never taken
place. This paragraph does not grant to one party the right to transfer the separate co-tenant
interest of the other in property. 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.
Each party hereby agrees to fully disclose and to obtain the release of the other party
from any and all guarantees or endorsements made by the guaranteeing/endorsing party in order
to allow the other party to obtain loans or financing relating to his or her personal or business
interests. In the event that the non-guaranteeing/endorsing party is unsuccessful in obtaining
complete releases for the guarantecing/endorsing party, the non-guaranteeing/endorsing party
agrees to indemnify and hold the guaranteeing/endorsing party harmless against all claims, suits,
actions or other proceedings made against the guaranteeing/endorsing party on account of the
non-guaranteeing/endorsing _ party’s personal or business indebtedness. The non
guaranteeing/endorsing parly further agrees to pay all expenses, costs and fees incurred by the
guaranteeing/endorsing party in defending against such claims.
5. FUTURE DEBTS. Neither party shall charge, nor cause or permit to be charged to
or against the other, any purchase which either of them may hereafter make, nor create any
obligations in the name of or against the other, nor secure or attempt to secure any credit upon or
in connection with the other, or in his or her name.
6. ENFORCEMENT. The parties agree that, in the event of non-compliance of any of
the material provisions of this Agreement, the party so complying may initiate an action in the
District Court of North Carolina asking for specific performance of the terms and/or conditions
of the Agreement. The non-complying party shall be responsible to the complying party for any
and all expenses incurred by the complying spouse in the attempt to obtain specific performance,
including attorney's fees.
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RECONCILIATION. The parties acknowledge that this Agreement, through
operation of the law of the State of North Carolina, may become null and void as to those
executory provisions contained herein should the parties at any time, either reconcile or resume
living together as Husband and Wife. They further understand that this may occur simply by
resuming sexual relations between themselves in that such acts frequently make it difficult to
prove that there was not an intent to resume marital relations.
8. SUBSTANTIAL BREACH. Thi e parties can alter and amend this Agreement only by
further written agreement duly executed by both parties. The failure by either party to
specifically perform or enforce performance exactly in accordance with this Agreement shall not
constitute an alteration of the same by way of enlargement, reduction, estoppel or otherwise,
unless confirmed in writing and duly executed by the parties, except as may be otherwise
provided herein. It is understood that the parties may, by mutual agreement, make temporary
modifications as conditions require, but this Agreement shall nonetheless be binding upon the
parties as written, in the event of a material breach.
9. DISCLOSURE. Each of said parties hereto has disclosed to the other all of the assets
and liabilities of either or both of them so as to arrive at the division herein made specifically
including all retirement benefits and deposit accounts of any nature and each of the parties
hereto understands the importance of an honest disclosure in arriving at these terms but waives
formal discovery and assumes the risk of any non-disclosure.
Husband and Wife expressly acknowledge and agree, pursuant to G. S. § 50-20(d) that the
division and distribution of marital property set forth herein is just, fair and reasonable, is deemed
by the parties to be equitable, and that this Agreement shall be binding on the parties. Each party
expressly waives any and all other rights, whether now in existence or acquired hereafter, to claim
an equitable distribution under the laws of this or any other state and agrees that this provision and
this Agreement may be pleaded in bar of such claim for relief in any suit filed hereafter.
10. CUSTODY AND CHILD SUPPORT. That the Husband and the Wife shall have
joint custody of their minor children, Maxton Edwards Narron and Porter Cayden Robert Narron.
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The parties shall split custody of the minor children evenly, with with Husband having the minor
children beginning at 6 p.m. on Sunday until 6 p.m. the following Sunday, alternating weekly for
wife to then have the children beginning at 6 p.m. on Sunday until 6 p.m. the following Sunday.
The parties shall agree to the division of holidays and vacations; however, if the parties cannot
reach an agreement then the parties shall follow the alternating week schedule.
Both parties love the minor child and are concerned about their welfare and will
cooperate with each other to provide for their psychological, educational, and medical needs.
Neither Husband nor Wife will make any derogatory comments about the other parent in the
presence of either child. Neither the Husband nor the Wife will do anything to estrange either
child from the other party or to impair either child’s high regard for the other parent.
The parties shal! confer with each other concerning all major decisions that affect the
child’s general health, education, and welfare. Both the Husband and the Wife shall have equal
access to either minor child’s records and information concerning his health and education. Such
records include, but are not limited to, medical, dental, health, school, education, and extra
curricular.
For support of the minor children, the Husband shall pay to Wife the sum of Five
Hundred Dollars ($500) per month, beginning on December I, 2022, and on the first (Ist) day of
each month thereafter until such time as the partics’ minor children shali attain the age of
eighteen years or graduate from high school, whichever event occurs later, but in no event
beyond the twenticth birthday of the minor children. This amount shall be reduced by half
whenever one child turns eighteen years or graduates from high school, whichever event occurs
Jater, but in no event beyond the twentieth birthday of the minor children.
Wife will maintain a medical insurance policy for the benefit of the minor children
through her employer. Wife shall provide to Husband an insurance card for the minor children’s
coverage, each year or as provided by the insurance carrier. The parlics agree to split all
unreimbursed medical costs not covered by insurance.
11. PROPERTY DIVISION. Except as otherwise specified below in this agreement,
the parties shall each own separately the personalty currently in their possession because the
parties have satisfactorily divided the same between themselves. Regardless of who has
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possession of a particular item, each will henceforth hold the property assigned to them below as
their sole separate property free and clear of any claim of the other.
The property division and debt division as provided herein is the act of Husband and Wife in
equitably dividing their property as provided under NCGS Section 50-20 (d). Each release the
other from any further claim which would or might arise in favor of either under NCGS Section
50-20, or any other state or federal law involving the division of property or debts acquired
during the marriage now in effect or hereinafter passed or decided.
More specifically, the parties agree:
a. REAL PROPERTY:
1 The parties hold title jointly to a home, hereinafter referenced as the
“Home”, at 124 Evans Road., Princeton, NC 27569, more particularly described
in Deed Book 4816, Page 908, Johnston County Registry. Said Home is subject to
a mortgage with Potomac Mortgage Group, Inc., dba MVB Mortgage, and has a
balance of approximately $147,024.53.
2 The parties have agreed that Wife will retain possession of the marital
residence and that responsibility shall be solely responsible for the mortgage
payments, currentity $1,131.82 per month, for the next year. Within one year
from the date of this agreement the Home shall be placed on the market by a real
estate agent agreed to by the parties (agreement as to the real estate agent shall not
be unduly withheld) and sold. After the property is sold, the remaining next
proceeds shall be divided evenly among the parties after payment of the existing
deed of trust, attorney’s fees and all other necessary closing expenses.
PERSONAL PROPERTY:
1 Houschold Furnishings. All household furnishings, appliances and other
personal property located in or about the family residence have been divided to
the mutual satisfaction of the parties. Any property still at the house that is
Husband’s shal! remain accessible for him to take possession of from the marital
home for two months after Wife takes sole possession of the home. Upon 24
hours notice, Wife shall let Husband enter the marial home to retrieve his property
that the parties have already agreed to the division of. At the end of two months,
any personal property husband left at the home shall be Wife’s. Each party
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hereby transfers, assigns and relinquishes unto the other party any and all right,
title or interest that he or she may have in the furnishings and personal property
presently in the possession of the other party.
2. Vehicles. The parties understand the critical importanct of
immediately transferring titles to vehicle to the party who is to retain the
same due to insurance and liability consequences of driving a vehicle in the
wrong name. The parties hereby agree to the following disposition of their motor
vehicles:
(a) Husband. Husband currently drives his work truck which is provided by
the company he works with.
(b) Wife. The husband hereby transfers, assigns and relinquishes unto the
wife any and all of his right, title and interest in the 2008 Dodge Caravan
that is titled in his name alone or their joint names. After the execution of
this agreement said vehicle shall belong solely to the wife, free from any
claim or right of the husband. The parties shall transfer title to said
vehicle to her name within one month of the date of this Agreement. Wife
wil! be responsible for arranging the transfer of title.
(c) Transfer of Title. Either party shall, upon the request of the other party,
execute and deliver to the other party such instruments or documents as
may be necessary or appropriate to effectuate the transfer of tile to the
aforesaid vehicles, and each party hereby irrevocably appoints the other
party as his or her attorney-in-fact for the purpose of executing such
documents and transferring title to the vehicles described above. The
party receiving title to a vehicle pursuant to this section shall be solely
responsible for paying any title transfer fees. Obviously the debt must be
paid for such transfer and if there is such debt, provisions are made herein
for debt payment.
@ Negligent Operation. Each party agrees to indemnify and hold the other
harmless from all liability arising by reason of their separate operation of
any of the aforesaid vehicles. The parties shall obtain liability insurance in
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their separate names for their respective vehicles and shall pay the
premiums on said policies as they become due.
3 Personal Belongings. Each party hereby acknowledges sole ownership in
the other party of all of his or her wearing apparel, personal ornaments and other
personal effects as well as all property owned by either party prior to their
marriage, all property inherited by either party during the marriage and all
property given or loaned to either party (or to the family) by his or her relatives
except as specifically provided to the contrary in this agreement.
4 Bank and Financial Accounts. All joint savings and checking accounts
have been divided between the parties. Each party shall keep as his/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.
5 Retirement Benefits. Each party shall be the sole and separate owner of
any retirement benefits that either party has as a result of their employment. Wife
shall be the sole and separate owner of her retirement benefits. Husband shall be
the sole and separate owner of his retirement benefits. Each party relinquishes all
right title and interest in any stock or 401(K) benefits in the name of the other
party.
12. ALIMONY. Beginning December 1, 2022, Husband shall pay alimony to Wife in
the amount of Nine Hundred Dollars ($900.00) per month, Said payments are effectiv
December 1, 2022 and there are no postseparation support or alimony arrears owed to the Wife
as of the date of entry of this order. Payments shall continue on the 1° day of every month for
forty-eight (48) consecutive months. Husband’s alimony obligation as set forth herein shall be
for a total duration of forty-eight (48) months if not otherwise terminated by the North Carolina
stalulory terminating factors set forth below. Regardless of the duration of the obligation, the
alimony obligation owed by Husband to the Wife, as described above, shall terminate upon the
following events (whichever occurs first): the death of Wife, cohabitation by Wife as defined by
North Carolina statutory and caselaw, remarriage of Wife, the death of Husband, or the
expiration of the four (4) year period set forth above.
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13. DEBT DIVISION. The parties have divided responsibility for their debts as set
forth below; each debt so assigned will be the separate liability of the party to whom it was
assigned; and each agrees to indemnify the other from any liability or loss due to a debt hereby
assigned as their own respective responsibility, any debt for taxes that they incurred for
unreported income and any debt for which the other party becomes liable under the necessities
doctrine. The debts are assigned as follows:
WIFE'S DEBTS:
Wife will pay her own student loan debt, wife will assume all responsibility for the
monthly car payment and make the payment timely, wife will pay the mortgage payment
on time until the marital home is sold, and Wife shall pay her sole debts and indemnify
Husband from these debts.
HUSBAND'S DEBTS:
Husband will pay all of his sole debts and indemnify Wife from these debts.
The parties have no other joint debts and each agrees to be responsible for any other debt
incurred by such party and not otherwise herein assigned.
Neither party has materially increased the balance of any account herein assigned to the other
within the past three months. Each parly agrees to make no further charges on an account herein
assigned to the other. Neither party has incurred any debt for which the other party is assuming
responsibility that has not been disclosed in the paragraph above titled “Debt.” If any such
undisclosed debt exists, the party incurring such debt shall be solely responsible for repayment
and shall indemnify and hold the other party harmless therefrom.
14. TAX RETURNS.
The parties shall file joint tax returns for the year 2022. A refund, if any, resulting
therefrom shall be shared on a “pro rata” basis by the parties, and any tax liability to be paid shall
be shared on the same pro rata basis. Such a pro rata distribution shall involve the calculation of
the Wife’s gross income and the Husband’s gross income. The same shall be added together. The
fraction resulting from a comparison of the Wife’s income to the total income shall be her part of
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the refund or liability, and the fraction resulting from the comparison of the Husband’s income to
the total income shall be his share of the tax refund or liability.
In the event of an audit of any of the parties’ joint tax returns, the parties agree mutually
to cooperate with one another in responding to any questions on issues raised regarding said
returns. When the parties begin filing tax returns separately, each parent will claim a child. At
the time the oldest child can no longer be claimed, the remaining child will be claimed solely by
Wife.
15. REPRESENTATION. Each party warrants that such party has read and
understands the terms herein. Each party is advised that this contract has legal consequences and
reaches legal conclusions best interpreted by an experienced attorney. Thus each party is
strongly advised to seek independent legal counsel in connection with the negotiation hereof,
whether or not all parties have done so. In no case did an attorney for one party make any
representations or advice to the other party whatsoever. Specifically, the parties agree that
Robert A. Spence, Jr. has made no representations at all in regards to the rights or obligations of
the parties or their separation except to his client.
16. MISCELLANEOUS.
(A) Merger and Modification: This instrument constitutes the entire Agreement
between the parties, and supersedes any and all prior agreements, arrangements and
understandings, whether oral or written, between the parties. All negotiations, correspondence,
and memorandums passed between the parties hereto are merged herein and this Agreement
cancels and supersedes all prior agreements between the parties with reference thereto. No
modifications of this instrument shal! be binding unless in writing, attached hereto, and signed by
the parly against whom or which it is sought to be enforced.
(B) Captions and Words: The captions and headings contained herein are solely for
convenience and reference and do not constitute a part of this instrument. All words and phrases
in this instrument shall be construed to include the singular or plural number, and the masculine,
feminine, or neuter gender, as the context requires.
(C) Binding Effect: This instrument shall be binding upon and shall insure to the
benefit of the parties and their heirs, successors and permitted assigns.
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(D) North Carolina Law: This instrument shall be construed in accordance with the
laws of North Carolina without giving effect to its conflict of laws principles.
(E) Two Originals: This instrument may be executed in two (2) or more counterparts as
the parties may desire, and each counterpart shall constitute an original.
(F) Divorce: It is agreed that either party shall have the right to compel the performance
of or sue for the breach of this agreement in any court where jurisdiction of the parties may be
obtained. The parties consent to the incorporation of this agreement into their divorce decree,
but if this decree is not incorporated it shall still be binding upon the parties and enforceable.
({G) Terminology. The terms "Husband" and "Wife", whether or not capitalized, refer to
the parties herein whether they remain married or become unmarried.
(H) Equitable Relief. The parties hereby stipulate that the remedy at law for
enforcement of executory covenants and promises herein is inadequate, time-consuming and
expensive. They stipulate that equitable relief may and shall be the remedy applied in court for
any enforcement action regarding said terms.
(1) Statute of Limitations. This Agreement is executed under seal and either party may
institute an action against the other party to recover damages or specific performance for breach
of any provision hereof at any time within the ten-year period next following the date of the
breach of contract.
(J) Power of Attorney. Under the provision of North Carolina General Statutes Section
324-13, each party does hereby revoke, nullify. and void any Power of Attorney executed by
said party naming the other party as his or her atlorney-in-fact.
(K) Tenancy by the Entirety. The parties hereto understand that tenancy by the entirety
property is terminated by a partition deed or divorce. Thus if the parties hold property by
tenancy by the entirety and the same is not terminated at the time of this agreement by deed, the
properly may retain ils survivorship features in favor of the surviving spouse until divorce or
partition.
(L) Interpretation. There shall be no presumption interpreting any provision of this
agreement against the party who drafted this agreement.
YOU UNDERSTAND AND AGREE THAT THIS IS AN IMPORTANT LEGAL
DOCUMENT. YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE AWARE
OF YOUR RIGHT TO RETAIN LEGAL COUNSEL IN CONNECTION WITH THE
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13
NEGOTIATION AND EXECUTION OF THIS AGREEMENT AND THAT YOU HAVE
EITHER RETAINED AND YOU HAVE BEEN REPRESENTED BY SUCH LEGAL
COUNSEL OR HAVE KNOWINGLY AND VOLUNTARILY WAIVED YOUR RIGHTS TO
SUCH LEGAL COUNSEL AND DESIRE TO ENTER INTO THIS AGREEMENT WITHOUT
THE BENEFIT OF LEGAL REPRESENTATION AND WITH NO OBJECTION TO TH
COUNSEL OR LEGAL ADVICE OF THE ATTORNEY FOR THE OTHER PARTY
IN WITNESS WHEREOF, the parties set their hands and seals to this instrument
executed in duplicate originals, on the day and year first above written.
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MATTHEW S. NARRON
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STATE OF NORTH CAROLINA
COUNTY OF JOHNSTON
I, a Notary Public of the County and State aforesaid, certify that MATTHEW S. NARRON personally
appeared before me this day and acknowledged the due execution of the foregoing inswument for the purpose
therein contained.
Witness my hand and notarial seal/stamp, this nod! day of Octoher, 2G9-
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therein contained.
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24CV002682-500 STATE OF NORTH CAROLINA THE GENERAL COURT OF JUSTICE COUNTY OF JOHNSTON DISTRICT COURT DIVISION File No.: MATTHEW S. NARRON, Plaintiff, COMPLAINT FOR BREACH OF CONTRACT Vv. AMBER LYNN NARRON, Defendant. NOW COMES the Plaintiff Matthew S. Narron (hereinafter “Plaintiff” or “Matthew”), by and through the undersigned counsel, and submits this Complaint against Defendant Amber Lynn Narron (hereinafter “Defendant” or ““Amber”). In support of this Complaint, Plaintiff alleges and states as follows: 1 Plaintiff is a resident of Johnston County North Carolina and has been for the previous six months prior to the filing of this action. Defendant is a resident of Johnston County North Carolina and has been for the previous six months prior to the filing of this action. The Court has jurisdiction over the parties to this action pursuant to N.C. Gen. Stat. §§ I- 75.3, 1-75.4, and other applicable North Carolina law. The Court has jurisdiction over the subject matter of this action pursuant to N.C. Gen. Stat. § 1-75.8 and other applicable North Carolina law. Venue is proper in Johnston County Civil District Court pursuant to N.C. Gen. Stat. §§ 1- 76, 1-82, 7A-240, 7A-244, and other applicable North Carolina law. Plaintiff and Defendant were married on May 24", 2014, and separated on October 21‘, 2022. On October 31, 2022, the parties entered into a Separation Agreement and Property Settlement (hereinafter the “Agreement”, attached hereto as ExhibitA. This Agreement was executed by both parties and notarized on October 31*', 2022. Johnston County Clerk of Superior Court Electronically Filed Date: 5/23/2024 1:12 PM Johnston County Clerk of Superior Court 9. While the parties were married the parties bought real property with an address of 124 Evans Road, Princeton, NC 27569, more particularly described in Deed Book 4816, Page 908, Johnston County Registry, hereinafter referred to as the “Marital Home and Land”. 10. The Marital Home and Land was addressed in the Agreement and pursuant to the Agreement (See page 7 section 11(a)(2) of the attached Exhibit A): a. Defendant was to retain possession of the Marital Home and Land for up to one year from the date of the Agreement (being until October 31°, 2023). See page 7 section 11(a)(2). While Defendant was in possession she was solely responsible for the mortgage payments. Within one year from the date of the Agreement (being until October 31*, 2023) the Marital Home and Land was to be placed on the market by a real estate agent agreed to by the parties (agreement as to the real estate agent shall not be unduly withheld) and sold. The net proceeds of the sale were to be divided evenly among the parties after payment of the existing deed of trust, attorney’s fees and all other necessary closing expenses. 11. During the marriage the parties also acquired a 2008 Dodge Caravan (the “Vehicle”). 12. The Vehicle was also addressed in the Agreement (See page 8 section 11(b)(2) and required Defendant to arrange the title of the Vehicle to be transferred to her within one month of the date of the Agreement, October 31%, 2022. 13 Defendant refuses to transfer the vehicle into her name solely. 14 Defendant refuses to sell the Marital Home and Land. 15 Plaintiff continues to meet his obligations under the Agreement by paying alimony and child support. 16 Pursuant to the Agreement on page 4, Section 6 “Enforcement”, in the event of non- compliance of any of the material provisions of this Agreement, the party so complying may initiate an action in the District Court of North Carolina asking for specific performance of the terms and/or conditions of the Agreement. The non-complying party shall be responsible to the complying party for any and all expenses incurred by the complying party in the attempt to obtain specific performance, including attorney's fees. FIRST CLAIM FOR RELIEF: BREACH OF CONTRACT 17. Plaintiff hereby incorporates by reference his allegations as set forth in Paragraphs | through 16 above as if fully set forth herein. 18. The Agreement is a contract, entered into by the parties willingly. 19. The Agreement is supported by adequate consideration. 20. Plaintiff has satisfied his duties under the Agreement and continues to satisfy his duties under the Agreement. 21, Defendant has breached the Agreement by refusing to allow the Marital Home and Land to be listed for sale. 22. Defendant has further breached the Agreement by failing to transfer the Vehicle solely into her own name. 23 Plaintiff has made repeated demands upon Defendant to cure her breach and comply with the terms of the Agreement. 24. Defendant has refused and continues to refuse to cure her breach of the Agreement. 25 Plaintiff has been injured by Defendant’s breach. 26 Plaintiff is entitled to specific performance of the Agreement requiring the Marital Home and Land be listed for sell and for the Vehicle to be transferred out of his name and solely into Defendant’s name. SECOND CLAIM FOR RELIEF: DECLARATORY JUDGMENT 27 Plaintiff hereby incorporates by reference his allegations as set forth in Paragraphs | through 26 above as if fully set forth herein. 28. Pursuant to N.C. Gen. Stat. § 1-253, this Court has the power to enter declaratory judgments and that said judgment “shall have the force and effect of a final judgment.” 29. Plaintiff is entitled to a declaratory judgment declaring that Defendant is to perform as required by the Agreement by: (1) selling the Martial Home and Land immediately to fulfill the terms of the Agreement; (2) that Defendant must immediately have the title to the Vehicle transferred into her name; and (3) Plaintiff is entitled to recover the costs of this action to enforce specific performance and attorney fees pursuant to the terms of the Agreement. WHEREFORE, the Plaintiff prays unto the Court as follows: 1 Defendant be required to specifically perform her obligations under the Agreement specifically: (1) to sale the Marital Home and Land immediately and (2) transfer the title to the Vehicle solely into Defendant’s name immediately; Plaintiff have and recover from Defendant the cost of this action including his attorney fees; and Such other and further relief as the Court deems just and proper. This the 17" day of April, 2024. SPENCE, CARTER & REED, P.A. Me ZR Cac Michael N. Carter NC State Bar: 54785 Attorney for Defendant Post Office Box 1335 212 South Second Street Smithfield, North Carolina 27577 Telephone: (919) 934-1149 STATE OF NORTH CAROLINA VERIFICATION COUNTY OF JOHNSTON Matthew S. Narron, first being duly sworn, deposes and says: That he has read the foregoing Complaint, and that the same is true of his own knowledge, except as to those matters set forth therein upon information and belief; and as to those, he believes them to be true. This the 18'" day of April 2024. Matthew S. Narron SWORN TO AND SUBSCRIBED before me this the 18" day of April, 2024. anit aust toeap, AN.C4 s vs ax, Sp Poukd A, Cre « SO” ¥, QotAry, — Notary Public My Commission Expires: 9(-.S¢ ~ LO2s- usp ure a wet Cc ww Mein” Exhibit A r Oh STATE OF NORTH CAROLINA SEPARATION AGREEMENT AND JOHNSTON COUNTY PROPERTY SETTLEMENT & THIS SEPARATION AGREEMENT, is made and entered into this the 3 __. day of October, 2022 by and between MATTHEW S. NARRON, hereinafter called "Husband", and AMBER LYNN NARRON, hereinafter called "Wife", both of Johnston County, North Carolina; WITNESSETH: WHEREAS, the parties hereto were lawfully married on or about the 24" day of May, 2014 and lived thereafter as husband and wife until on or about the 2 SGay of October, 2022, at which time they separated one from the other, and intend to continuously live separate and apart; and WHEREAS, there were two (2) children born of the martiage, to wit: Maxton Edwards Narron, who was born September 27, 2012, age 10; and Porter Cayden Robert Narron, who was born September 20, 2016, age 6. WHEREAS, as a result of irreconcilable differences and disagreements, the parties verily believe they can no longer live together as husband and wife, and it is necessary for the health and happiness of the parties concerned that the parties hereto live separate and apart; and WHEREAS, in consideration of the acts and things respectively agreed to be done and performed, the said parties do mutually agree as follows: NOW, THEREFORE, to that end, and for and in consideration of mutual covenants, promises, and agreements herein declared and set forth, and in compliance with N.C.G.S. Section 50-20 (d), the parties hereto agree as follows: GENERAL PROVISIONS 1. SEPAR ATE AND APART. From and after the date of this Separation Agreement or the date of separation above, whichever occurred first, the parties hereto shall live or have C. lived separate and apart from each other in the same manner and to the same extent as though they had never been married. 2. COVENANT OF NON-INTERFE RENCE. That neither party will molest or interfere with the personal rights, liberties, privileges or affairs of the other or compel or seek to compel the other party to cohabit or dwell with him or her by any proceedings for restoration of the marital rights, or otherwise, and neither party will go on or about the premises of the other without his or her consent. Each shall henceforth live his or her life as he or she may see fit, unrestricted in any manner by the marriage relationship previously existing between them. Thus each party shall be free from interference, authority, and control by the other as fully as if he or she were sole and unmarried; and each may conduct, carry on and engage in any employment, business or trade which to him or her shall seem advisable for his or her own sole and separate use and benefit without and free from any control, restraint or interference by the other party, in all respects as if each were unmarried. 3. IMPLEMENTATION; SUBSEQUENT TRANSACTIONS. Each of the parties agrees to execute, on behalf of the other, such conveyance, quitclaim deeds and further assurances of title as may become reasonably necessary to enable the other party to conveniently dispose of and convey any of his or her property, either real or personal. It is understood that this obligation wilt not be construed to impose on the accommodating party any personal liability with respect to warranty of litle or otherwise, but shall only be required to the extent it is necessary for one party to further release his or her interest in the properly of the other and to evidence his or her consent to such disposition of the property by the other. Each of said parties may, from this date, and at all times hereafter, purchase, acquire, hold, possess, encumber, dispose of and convey any and all classes and kinds of property, both real and personal, as though unmarried, and free from the consent, joinder and interference of the other party, in the same manner and to the same extent as though they had never been married according to the laws of the State of North Carolina. Each of said parties will execute and deliver all additional documents and do all such other acts as may be reasonably necessary to carry out the provisions and intent of this Agreement. C 4. MUTUAL RELEASE OF MARITAL RIGHTS INCLUDING ALIMONY AND EQUITABLE DISTRIBUTION AND RIGHTS AGAINST THIRD PARTIES. Each of said parties hereby waives and releases any and all marital rights each might have against the other, their heirs and assigns. This waiver and release specifically includes, but is not limited to, past, present, or future claims to the following: alimony; post separation support or alimony pendente lite; equitable distribution; support whether under the necessity doctrine or otherwise (excluding child support); the right to elect to take against the other's will; the right to distribution or inheritance from or through the other; any spouse's or widow's allowance; the right to be appointed as a fiduciary as to the other, their estate or property; and all other marital rights, titles, interests, or elections of any kind as to the other. This is intended as a broad general release of marital rights with no exceptions and releases all marital rights arising out of the marriage relationship under present or future laws, and to any and all property or interests of the other in property, real, personal, and mixed, now owned or hereafter acquired by either party. Each party agrees in accordance with the waivers herein and the authorizations of North Carolina General Statutes Section 39- 13.3, Section 39-7, Section 50-20 and Section 52-10 that the other party may henceforth acquire, hold, manage, alienate, Jease and convey their property without the knowledge, further consent, or joinder, of the other in accordance with the provisions of North Carolina General Statute Section 39-13.4, just the same as if he or she had never been matried to the other party. Each parly does hereby release and discharge any third party from all causes of action or claims for alienation of affection, criminal conversation, or similar tort related to or arising out of any relationship between such third party and the other party. Each party does hereby covenant and agree that he or she will not institute or pursue such an action or claim against any third party, and that such institution or pursuit would constitute a material breach of this Agreement. Further, any such third party is deemed to be a beneficiary of this Agreement, and the provisions of this Agreement may be plead by such third party in total and absolute bar of such an action ot claim. It is mutually agreed that in any sale, transfer or conveyance by cither of the partics hereto of any real or personal property interest 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 sign and execute the deed, deed of trust, mortgage or other instrument of transfer for the C C sale or conveyance of said properties; each of the parties hereto hereby releasing to the other all right, title and interest that he or she may have or hereafter acquire 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 partics had never taken place. This paragraph does not grant to one party the right to transfer the separate co-tenant interest of the other in property. 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. Each party hereby agrees to fully disclose and to obtain the release of the other party from any and all guarantees or endorsements made by the guaranteeing/endorsing party in order to allow the other party to obtain loans or financing relating to his or her personal or business interests. In the event that the non-guaranteeing/endorsing party is unsuccessful in obtaining complete releases for the guarantecing/endorsing party, the non-guaranteeing/endorsing party agrees to indemnify and hold the guaranteeing/endorsing party harmless against all claims, suits, actions or other proceedings made against the guaranteeing/endorsing party on account of the non-guaranteeing/endorsing _ party’s personal or business indebtedness. The non guaranteeing/endorsing parly further agrees to pay all expenses, costs and fees incurred by the guaranteeing/endorsing party in defending against such claims. 5. FUTURE DEBTS. Neither party shall charge, nor cause or permit to be charged to or against the other, any purchase which either of them may hereafter make, nor create any obligations in the name of or against the other, nor secure or attempt to secure any credit upon or in connection with the other, or in his or her name. 6. ENFORCEMENT. The parties agree that, in the event of non-compliance of any of the material provisions of this Agreement, the party so complying may initiate an action in the District Court of North Carolina asking for specific performance of the terms and/or conditions of the Agreement. The non-complying party shall be responsible to the complying party for any and all expenses incurred by the complying spouse in the attempt to obtain specific performance, including attorney's fees. 7 RECONCILIATION. The parties acknowledge that this Agreement, through operation of the law of the State of North Carolina, may become null and void as to those executory provisions contained herein should the parties at any time, either reconcile or resume living together as Husband and Wife. They further understand that this may occur simply by resuming sexual relations between themselves in that such acts frequently make it difficult to prove that there was not an intent to resume marital relations. 8. SUBSTANTIAL BREACH. Thi e parties can alter and amend this Agreement only by further written agreement duly executed by both parties. The failure by either party to specifically perform or enforce performance exactly in accordance with this Agreement shall not constitute an alteration of the same by way of enlargement, reduction, estoppel or otherwise, unless confirmed in writing and duly executed by the parties, except as may be otherwise provided herein. It is understood that the parties may, by mutual agreement, make temporary modifications as conditions require, but this Agreement shall nonetheless be binding upon the parties as written, in the event of a material breach. 9. DISCLOSURE. Each of said parties hereto has disclosed to the other all of the assets and liabilities of either or both of them so as to arrive at the division herein made specifically including all retirement benefits and deposit accounts of any nature and each of the parties hereto understands the importance of an honest disclosure in arriving at these terms but waives formal discovery and assumes the risk of any non-disclosure. Husband and Wife expressly acknowledge and agree, pursuant to G. S. § 50-20(d) that the division and distribution of marital property set forth herein is just, fair and reasonable, is deemed by the parties to be equitable, and that this Agreement shall be binding on the parties. Each party expressly waives any and all other rights, whether now in existence or acquired hereafter, to claim an equitable distribution under the laws of this or any other state and agrees that this provision and this Agreement may be pleaded in bar of such claim for relief in any suit filed hereafter. 10. CUSTODY AND CHILD SUPPORT. That the Husband and the Wife shall have joint custody of their minor children, Maxton Edwards Narron and Porter Cayden Robert Narron. C The parties shall split custody of the minor children evenly, with with Husband having the minor children beginning at 6 p.m. on Sunday until 6 p.m. the following Sunday, alternating weekly for wife to then have the children beginning at 6 p.m. on Sunday until 6 p.m. the following Sunday. The parties shall agree to the division of holidays and vacations; however, if the parties cannot reach an agreement then the parties shall follow the alternating week schedule. Both parties love the minor child and are concerned about their welfare and will cooperate with each other to provide for their psychological, educational, and medical needs. Neither Husband nor Wife will make any derogatory comments about the other parent in the presence of either child. Neither the Husband nor the Wife will do anything to estrange either child from the other party or to impair either child’s high regard for the other parent. The parties shal! confer with each other concerning all major decisions that affect the child’s general health, education, and welfare. Both the Husband and the Wife shall have equal access to either minor child’s records and information concerning his health and education. Such records include, but are not limited to, medical, dental, health, school, education, and extra curricular. For support of the minor children, the Husband shall pay to Wife the sum of Five Hundred Dollars ($500) per month, beginning on December I, 2022, and on the first (Ist) day of each month thereafter until such time as the partics’ minor children shali attain the age of eighteen years or graduate from high school, whichever event occurs later, but in no event beyond the twenticth birthday of the minor children. This amount shall be reduced by half whenever one child turns eighteen years or graduates from high school, whichever event occurs Jater, but in no event beyond the twentieth birthday of the minor children. Wife will maintain a medical insurance policy for the benefit of the minor children through her employer. Wife shall provide to Husband an insurance card for the minor children’s coverage, each year or as provided by the insurance carrier. The parlics agree to split all unreimbursed medical costs not covered by insurance. 11. PROPERTY DIVISION. Except as otherwise specified below in this agreement, the parties shall each own separately the personalty currently in their possession because the parties have satisfactorily divided the same between themselves. Regardless of who has C C possession of a particular item, each will henceforth hold the property assigned to them below as their sole separate property free and clear of any claim of the other. The property division and debt division as provided herein is the act of Husband and Wife in equitably dividing their property as provided under NCGS Section 50-20 (d). Each release the other from any further claim which would or might arise in favor of either under NCGS Section 50-20, or any other state or federal law involving the division of property or debts acquired during the marriage now in effect or hereinafter passed or decided. More specifically, the parties agree: a. REAL PROPERTY: 1 The parties hold title jointly to a home, hereinafter referenced as the “Home”, at 124 Evans Road., Princeton, NC 27569, more particularly described in Deed Book 4816, Page 908, Johnston County Registry. Said Home is subject to a mortgage with Potomac Mortgage Group, Inc., dba MVB Mortgage, and has a balance of approximately $147,024.53. 2 The parties have agreed that Wife will retain possession of the marital residence and that responsibility shall be solely responsible for the mortgage payments, currentity $1,131.82 per month, for the next year. Within one year from the date of this agreement the Home shall be placed on the market by a real estate agent agreed to by the parties (agreement as to the real estate agent shall not be unduly withheld) and sold. After the property is sold, the remaining next proceeds shall be divided evenly among the parties after payment of the existing deed of trust, attorney’s fees and all other necessary closing expenses. PERSONAL PROPERTY: 1 Houschold Furnishings. All household furnishings, appliances and other personal property located in or about the family residence have been divided to the mutual satisfaction of the parties. Any property still at the house that is Husband’s shal! remain accessible for him to take possession of from the marital home for two months after Wife takes sole possession of the home. Upon 24 hours notice, Wife shall let Husband enter the marial home to retrieve his property that the parties have already agreed to the division of. At the end of two months, any personal property husband left at the home shall be Wife’s. Each party Cc hereby transfers, assigns and relinquishes unto the other party any and all right, title or interest that he or she may have in the furnishings and personal property presently in the possession of the other party. 2. Vehicles. The parties understand the critical importanct of immediately transferring titles to vehicle to the party who is to retain the same due to insurance and liability consequences of driving a vehicle in the wrong name. The parties hereby agree to the following disposition of their motor vehicles: (a) Husband. Husband currently drives his work truck which is provided by the company he works with. (b) Wife. The husband hereby transfers, assigns and relinquishes unto the wife any and all of his right, title and interest in the 2008 Dodge Caravan that is titled in his name alone or their joint names. After the execution of this agreement said vehicle shall belong solely to the wife, free from any claim or right of the husband. The parties shall transfer title to said vehicle to her name within one month of the date of this Agreement. Wife wil! be responsible for arranging the transfer of title. (c) Transfer of Title. Either party shall, upon the request of the other party, execute and deliver to the other party such instruments or documents as may be necessary or appropriate to effectuate the transfer of tile to the aforesaid vehicles, and each party hereby irrevocably appoints the other party as his or her attorney-in-fact for the purpose of executing such documents and transferring title to the vehicles described above. The party receiving title to a vehicle pursuant to this section shall be solely responsible for paying any title transfer fees. Obviously the debt must be paid for such transfer and if there is such debt, provisions are made herein for debt payment. @ Negligent Operation. Each party agrees to indemnify and hold the other harmless from all liability arising by reason of their separate operation of any of the aforesaid vehicles. The parties shall obtain liability insurance in C their separate names for their respective vehicles and shall pay the premiums on said policies as they become due. 3 Personal Belongings. Each party hereby acknowledges sole ownership in the other party of all of his or her wearing apparel, personal ornaments and other personal effects as well as all property owned by either party prior to their marriage, all property inherited by either party during the marriage and all property given or loaned to either party (or to the family) by his or her relatives except as specifically provided to the contrary in this agreement. 4 Bank and Financial Accounts. All joint savings and checking accounts have been divided between the parties. Each party shall keep as his/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. 5 Retirement Benefits. Each party shall be the sole and separate owner of any retirement benefits that either party has as a result of their employment. Wife shall be the sole and separate owner of her retirement benefits. Husband shall be the sole and separate owner of his retirement benefits. Each party relinquishes all right title and interest in any stock or 401(K) benefits in the name of the other party. 12. ALIMONY. Beginning December 1, 2022, Husband shall pay alimony to Wife in the amount of Nine Hundred Dollars ($900.00) per month, Said payments are effectiv December 1, 2022 and there are no postseparation support or alimony arrears owed to the Wife as of the date of entry of this order. Payments shall continue on the 1° day of every month for forty-eight (48) consecutive months. Husband’s alimony obligation as set forth herein shall be for a total duration of forty-eight (48) months if not otherwise terminated by the North Carolina stalulory terminating factors set forth below. Regardless of the duration of the obligation, the alimony obligation owed by Husband to the Wife, as described above, shall terminate upon the following events (whichever occurs first): the death of Wife, cohabitation by Wife as defined by North Carolina statutory and caselaw, remarriage of Wife, the death of Husband, or the expiration of the four (4) year period set forth above. C 10 13. DEBT DIVISION. The parties have divided responsibility for their debts as set forth below; each debt so assigned will be the separate liability of the party to whom it was assigned; and each agrees to indemnify the other from any liability or loss due to a debt hereby assigned as their own respective responsibility, any debt for taxes that they incurred for unreported income and any debt for which the other party becomes liable under the necessities doctrine. The debts are assigned as follows: WIFE'S DEBTS: Wife will pay her own student loan debt, wife will assume all responsibility for the monthly car payment and make the payment timely, wife will pay the mortgage payment on time until the marital home is sold, and Wife shall pay her sole debts and indemnify Husband from these debts. HUSBAND'S DEBTS: Husband will pay all of his sole debts and indemnify Wife from these debts. The parties have no other joint debts and each agrees to be responsible for any other debt incurred by such party and not otherwise herein assigned. Neither party has materially increased the balance of any account herein assigned to the other within the past three months. Each parly agrees to make no further charges on an account herein assigned to the other. Neither party has incurred any debt for which the other party is assuming responsibility that has not been disclosed in the paragraph above titled “Debt.” If any such undisclosed debt exists, the party incurring such debt shall be solely responsible for repayment and shall indemnify and hold the other party harmless therefrom. 14. TAX RETURNS. The parties shall file joint tax returns for the year 2022. A refund, if any, resulting therefrom shall be shared on a “pro rata” basis by the parties, and any tax liability to be paid shall be shared on the same pro rata basis. Such a pro rata distribution shall involve the calculation of the Wife’s gross income and the Husband’s gross income. The same shall be added together. The fraction resulting from a comparison of the Wife’s income to the total income shall be her part of C C 1 the refund or liability, and the fraction resulting from the comparison of the Husband’s income to the total income shall be his share of the tax refund or liability. In the event of an audit of any of the parties’ joint tax returns, the parties agree mutually to cooperate with one another in responding to any questions on issues raised regarding said returns. When the parties begin filing tax returns separately, each parent will claim a child. At the time the oldest child can no longer be claimed, the remaining child will be claimed solely by Wife. 15. REPRESENTATION. Each party warrants that such party has read and understands the terms herein. Each party is advised that this contract has legal consequences and reaches legal conclusions best interpreted by an experienced attorney. Thus each party is strongly advised to seek independent legal counsel in connection with the negotiation hereof, whether or not all parties have done so. In no case did an attorney for one party make any representations or advice to the other party whatsoever. Specifically, the parties agree that Robert A. Spence, Jr. has made no representations at all in regards to the rights or obligations of the parties or their separation except to his client. 16. MISCELLANEOUS. (A) Merger and Modification: This instrument constitutes the entire Agreement between the parties, and supersedes any and all prior agreements, arrangements and understandings, whether oral or written, between the parties. All negotiations, correspondence, and memorandums passed between the parties hereto are merged herein and this Agreement cancels and supersedes all prior agreements between the parties with reference thereto. No modifications of this instrument shal! be binding unless in writing, attached hereto, and signed by the parly against whom or which it is sought to be enforced. (B) Captions and Words: The captions and headings contained herein are solely for convenience and reference and do not constitute a part of this instrument. All words and phrases in this instrument shall be construed to include the singular or plural number, and the masculine, feminine, or neuter gender, as the context requires. (C) Binding Effect: This instrument shall be binding upon and shall insure to the benefit of the parties and their heirs, successors and permitted assigns. C 12 (D) North Carolina Law: This instrument shall be construed in accordance with the laws of North Carolina without giving effect to its conflict of laws principles. (E) Two Originals: This instrument may be executed in two (2) or more counterparts as the parties may desire, and each counterpart shall constitute an original. (F) Divorce: It is agreed that either party shall have the right to compel the performance of or sue for the breach of this agreement in any court where jurisdiction of the parties may be obtained. The parties consent to the incorporation of this agreement into their divorce decree, but if this decree is not incorporated it shall still be binding upon the parties and enforceable. ({G) Terminology. The terms "Husband" and "Wife", whether or not capitalized, refer to the parties herein whether they remain married or become unmarried. (H) Equitable Relief. The parties hereby stipulate that the remedy at law for enforcement of executory covenants and promises herein is inadequate, time-consuming and expensive. They stipulate that equitable relief may and shall be the remedy applied in court for any enforcement action regarding said terms. (1) Statute of Limitations. This Agreement is executed under seal and either party may institute an action against the other party to recover damages or specific performance for breach of any provision hereof at any time within the ten-year period next following the date of the breach of contract. (J) Power of Attorney. Under the provision of North Carolina General Statutes Section 324-13, each party does hereby revoke, nullify. and void any Power of Attorney executed by said party naming the other party as his or her atlorney-in-fact. (K) Tenancy by the Entirety. The parties hereto understand that tenancy by the entirety property is terminated by a partition deed or divorce. Thus if the parties hold property by tenancy by the entirety and the same is not terminated at the time of this agreement by deed, the properly may retain ils survivorship features in favor of the surviving spouse until divorce or partition. (L) Interpretation. There shall be no presumption interpreting any provision of this agreement against the party who drafted this agreement. YOU UNDERSTAND AND AGREE THAT THIS IS AN IMPORTANT LEGAL DOCUMENT. YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE AWARE OF YOUR RIGHT TO RETAIN LEGAL COUNSEL IN CONNECTION WITH THE C C 13 NEGOTIATION AND EXECUTION OF THIS AGREEMENT AND THAT YOU HAVE EITHER RETAINED AND YOU HAVE BEEN REPRESENTED BY SUCH LEGAL COUNSEL OR HAVE KNOWINGLY AND VOLUNTARILY WAIVED YOUR RIGHTS TO SUCH LEGAL COUNSEL AND DESIRE TO ENTER INTO THIS AGREEMENT WITHOUT THE BENEFIT OF LEGAL REPRESENTATION AND WITH NO OBJECTION TO TH COUNSEL OR LEGAL ADVICE OF THE ATTORNEY FOR THE OTHER PARTY IN WITNESS WHEREOF, the parties set their hands and seals to this instrument executed in duplicate originals, on the day and year first above written. Da MATTHEW S. NARRON eth (SEAL) (SEAL) STATE OF NORTH CAROLINA COUNTY OF JOHNSTON I, a Notary Public of the County and State aforesaid, certify that MATTHEW S. NARRON personally appeared before me this day and acknowledged the due execution of the foregoing inswument for the purpose therein contained. Witness my hand and notarial seal/stamp, this nod! day of Octoher, 2G9- Daue B. Beaclug NOTARY PUBLIC “ uty, s OE. MY COMMISSION EXPIRES: 1] MBF 56; NOTAR,* ee te 23 PUBLIC ¢ es STATE OF NORTH CAROLINA COUNTY OF JOHNSTON “un Di As iw a Notary Public of the County and State aforesaid, certify that AMBER LYNN NARRON personally uppeared before me this day and acknowledged the due exccution of the foregoing instrument for the purpose therein contained. Witness my hand and notarial seal/stamp, this the 3 day of October, oe aur p | NOTARY PUBLIC weB My OF.eB Gi So MY COMMISSION EXPIRES: | { 30 HOBD sh NOTAR ic mee UBLIC weae nw”