Arlene S.

MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of , 2017, by and between Desmond A. Sinclair, hereinafter referred to as "Husband," and Paula Sinclair, hereinafter referred to as "Wife." W I T N E S S E T H: WHEREAS, the Husband and the Wife were married in a religious ceremony on the 2nd day of November, 2002 at the British Embassy in Washington, DC, and WHEREAS, no children were born as result of the marriage; and WHEREAS, as a result of irreconcilable differences which have arisen between the parties, and, on or about the 1st day of January, 2016, the parties have mutually agreed to separate and seek an Absolute Divorce, without cohabitation, and no hope of reconciliation; and WHEREAS, that it is the mutual desire of the parties hereto to adjust, terminate and make a full and complete settlement of all matters relating to the partition and division of all property and financial obligations arising out of their marital relationship and all other rights of the parties to any and all of the property of the other, whether such rights to such property be now existent or may hereafter exist by reason of their marital status, it is NOW, THEREFORE, agreed by and between the parties, and for their respective heirs, personal representatives and assigns in consideration of the mutual covenants, promises and agreements contained herein, in full, complete and final settlement, adjustment and compromise of any interest whatsoever of each in the property, estate or interest of the other, that: ITEM ONE: GROUNDS FOR DIVORCE 1.1 The Parties agree that the grounds for divorce is the fact that they have mutually consented to a divorce, without the desire or intent to reconcile, pursuant to the Maryland Code, Family Law Section 7.103(8), which states, “a. the parties do not have any minor children in common, b. the parties executed and submitted to the court a written settlement agreement signed by both parties relating to issues of alimony and distribution of property and c. both parties appear before the court at the hearing for absolute divorce.” ITEM NUMBER TWO: TERMS OF SEPARATION 2.1. Neither of the parties shall interfere with or molest the other, nor endeavor in any way to exercise any marital control or right over the other or to have any marital relations with the other or exert or demand any right to reside in the home of the other. Each party shall be free to go his or her own respective way as fully and to the same extent as if they had never been joined in matrimony. Each may reside at such place or places as he or she may select and each may for his or her separate use and benefit, conduct, carry on and engage in any business, profession or employment which to him or her may seem advisable. ITEM NUMBER THREE: HEALTH INSURANCE 3.1. Each party shall be solely responsible for the cost of their respective uninsured medical expenses. ITEM NUMBER FOUR: REAL PROPERTY 4.1. The Husband and the Wife, jointly owns real property located at 9514 Midland Turn, Upper Marlboro, Maryland, 20772. At the present time, the value for the property is approximately Two Hundred and Sixty Thousand Dollars, ($260,000.00). This value is determined by the suggested sales price by Realtor as well as by Zillow. 4.2. The Husband and the Wife owes approximately Two Hundred and Eighty-Nine Thousand Dollars, ($289,000.00). 4.3. The Husband intends to keep the residence. At the present time, the arrears are approximately Twenty-Thousand Dollars, ($20,000.00). 4.4. The Wife intends to relinquish the property by allowing the Husband to seek a modification of the indebtedness and removing her name from the debt as well as the property itself. 4.5. Once the modification is granted, the Wife intends to sign the Quit Claim Deed to have her name removed from the premises. Wherefore, she will no longer be liable for the debt nor will she own the residence. ITEM NUMBER FIVE: PERSONAL PROPERTY 5.1. Furniture and Furnishings: The parties have equitably divided their personal property. The parties further agree that any property acquired by either of them prior to the marriage or since their physical separation from one another shall remain the sole and exclusive property of the party who acquired it. The parties agree that except as otherwise provided herein, the property, as divided, shall remain the sole and exclusive property of the party who possesses it, free and clear of any right, title or interest of the other party. 5.2. Wearing apparel and jewelry: Each party shall retain as his or her sole and separate property all the clothing, jewelry, and other personal items currently in his or her possession, and waives any right, title or interest in such items in the other party’s possession. 5.3. Automobiles: Each party shall retain as his or her sole and separate property vehicles in his or her possession, and waives any right, title or interest in such items in the other party’s possession. 5.4. Generally: Except as otherwise provided herein, henceforth, each of the parties shall own and possess, independently of any claims or rights of the other party, all items of personally divided between them, whether such property was solely or jointly acquired, as well as any other personal property, separately owned or hereafter acquired, with full rights to dispose of the same in any manner, as fully and effectively as if unmarried. ITEM NUMBER SIX: BANK ACCOUNTS 6.1. Each party shall retain as his or her sole and separate property their respective bank accounts, and shall waive any right, title or interest in the other party’s accounts. ITEM NUMBER SEVEN: DEBTS 7.1. Except as otherwise expressly provided in this Agreement, each party shall be solely responsible for all debts, including credit cards, in his or her sole name and shall hold the other party harmless of any liability thereof. 7.2. Except as provided in this Agreement, the Husband and the Wife shall not be liable for any debts, contracts, obligations or liabilities of the other, now existing or hereafter incurred. The parties covenant and agree that neither will incur any debts, obligations or liabilities on the other parties credit nor do anything for which the other party may be legally liable. Each party shall, immediately following the execution of this Agreement, cancel or amend, as necessary, all charge accounts of whatever nature for which the other party would be obligated and each agrees that he or she shall establish credit in the future in his or her name only. ITEM NUMBER EIGHT: INVESTMENT AND RETIREMENT ACCOUNTS AND STOCKS 8.1 The term “Retirement Interests” as used herein shall mean and include, without limitation, any and every retirement interest, pension plan, annuity, deferred compensation or deferred income plan, 401(k) or Keogh Plan or account, profit sharing plan, deferred retirement option plan, or Individual Retirement Account, of every kind, nature, character or description, whether qualified or non-qualified, vested or non-vested. 8.2 Each party hereto specifically relinquishes and forever waives his or her right to any Investment, Retirement Accounts and Stocks to which he or she may be entitled to under Section 8205 of the Family Law Article of the Annotated Code of Maryland, with the full knowledge and understanding that because of the waiver contained herein, neither party shall ever have the right to make application for such monetary award at any future time. This provision shall not be modified by any Court. 8.3 Husband does not have an interest in a pension, 401K, retirement account, etc 8.4 Wife does not have an interest in a pension, 401K, retirement account, etc. 8.5. Except as otherwise provided herein, each party expressly waives any right either may have under any Federal or State law as a spouse to participate as a payee or beneficiary of any interest the other may have in any pension plan, profit-sharing plan, deferred retirement option plan, individual retirement account, or any other form of retirement or deferred income plan including, but not limited to, the right either spouse may have to receive any benefit, in the form of a lump-sum death benefit, joint and survivor annuity, or pre-retirement survivor annuity pursuant to any State or Federal law or Plan provision, and each party hereby expressly consents to any election made by the other, now or at any time hereafter, with respect to the recipient and the form of distribution or payment of any benefit at any time. ITEM NUMBER NINE: MONETARY AWARD 9.1 Each party hereto specifically relinquishes and forever waives his or her right to any monetary award to which he or she may be entitled to under Section 8-205 of the Family Law Article of the Annotated Code of Maryland, with the full knowledge and understanding that because of the waiver contained herein, neither party shall ever have the right to make application for such monetary award at any future time. This provision shall not be modified by any Court. ITEM NUMBER TEN: WAIVER OF ALIMONY 10.1. Wife hereby releases and discharges Husband, absolutely and forever for the rest of her life, from any and all claim or right to receive from Husband temporary, definite, or indefinite alimony, support, or maintenance for the past, present or future. Wife acknowledges that this provision has been explained to her and she understands and recognizes that, by the execution of this Agreement, she cannot at any time in the future make any claim against Husband for alimony, support, or maintenance of any kind whatsoever for herself. 10.2. Husband hereby releases and discharges Wife, absolutely and forever for the rest of his life, from any and all claim or right to receive from Wife temporary, definite, or indefinite alimony, support, or maintenance for the past, present or future. Husband acknowledges that this provision has been explained to him and he understands and recognizes that, by the execution of this Agreement, he cannot at any time in the future make any claim against Wife for alimony, support, or maintenance of any kind whatsoever for himself. 10.3. The parties acknowledges that the provisions of this Agreement for their respective support and maintenance are fair, adequate, and satisfactory to each of them, and in keeping with their respective accustomed standards of living and their respective reasonable requirements, giving consideration to their own ability to provide for their own support. 10.4. The parties agree that the provisions set forth in this sub-paragraph Nine shall not be subject to modification by any court and the parties waive the right to ever request any court to change or make a different provision for Wife's support, temporary or indefinite, past, present or future, either as to duration or amount, neither will hereafter apply to any court for an increase or decrease in the amount or for a modification of any of the terms of the support provided for herein. ITEM NUMBER ELEVEN: INCOME TAX RETURNS 11.1. The parties agree that they will prepare separate tax returns for the tax year 2016 individual tax return, and every year thereafter. Each party shall retain any refund as their sole and separate property and shall be solely responsible for any taxes owed for their individual Federal or State return. 11.2. Each party shall in all respects hold the other harmless from any claim for state and Federal income taxes which is attributable to such party’s income and deductions and if there is a deficiency assessment on the return, the party whose tax information or income is responsible for the same shall pay the amount ultimately determined to be due, together with interest and penalties, if any, as well as all expenses, including counsel fees, that may be incurred if such party decides to contest the assessment. Each party shall hold the other harmless from any claim, damage or expense arising out of any deficiency assessment that is made by reason of such party’s tax information or income. 11.3. With respect to any joint income tax return, the parties agree that if any claim is asserted against the parties for taxes, interest, penalties, assessments or charges of any kind or nature by the Internal Revenue Service or state taxing authority, the party whose income or deduction is challenged shall pay all such claims within ten days of the receipt of a notice of assessment or other demand for payment from the Internal Revenue Service or state taxing authority. ITEM NUMBER TWELVE: MUTUAL RELEASE AND HOLD HARMLESS 12.1. Subject to and except for the provisions of this Agreement, each party is released and discharged, and by this Agreement does for himself or herself, legal representatives, executors, administrators and assigns, release and discharge the other from all causes of action, claims, rights or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce. Except as provided in this Agreement, neither party shall incur any liability on behalf of the other or make any charge against any account on which the other is liable, and each party covenants and agrees to indemnify the other and save him or her harmless from any liability for any obligation incurred by him or her in accordance with this Agreement. ITEM NUMBER THIRTEEN: WAIVER OF VALUATION OF MARITAL ESTATE 13.1. The parties hereto specifically waive formal appraisals and proof of value of each and every item of property owned by either of the parties and/or being set apart to each or either of them, the parties having knowledge of values, having agreed to each accept the representations of the other as to the values of all assets and liabilities, or having agreed not to obtain specific proof of values. Each party states that he or she feels that their division of marital property is a substantially equal division of their marital assets and agrees that the entire property division is satisfactory, fair, and equitable to each of them. Each party waives any other monetary award from the other whether under the Family law Article, Annotated Code of Maryland, or under any other provision of the law of the State of Maryland or any other state, territory, jurisdiction, or country. The parties have attempted to equitably, and substantially equally, divide their marital property. It is intended by the parties that no tax consequences occur because of their division of marital property. Each party accepts the terms of this Agreement as a full, final and complete settlement of all marital and property rights he or she may have. 13.2. The parties to this Agreement are aware that they have the right to require identification and valuation of all marital and non-marital property. The parties have decided, and have agreed, to voluntarily waive the identification and valuation of all marital and non-marital property. Each party states that he or she is satisfied with the knowledge that he or she has as to the identity and value of all separately and jointly owned marital and non-marital property. 13.3. Each party acknowledges that he/she has the right to seek full, complete, truthful and accurate financial disclosures of the other. The parties acknowledge that they have not sought said financial and property disclosures of the other at this time as each of them believes he/she has a complete understanding and full knowledge of the financial and property interests of the other as a result of their relationship/marriage to one another. Each party acknowledges that he is satisfied with the financial information he/she has regarding the other party’s financial interests, and that each of them believes he/she has a reasonable and adequate understanding of the financial conditions of the other party. The various financial settlement terms in this Agreement have been negotiated by both parties in reliance upon the substance of the financial information and knowledge each party has concerning the other party’s financial and property interests, and each party warrants and represents that such information is true, complete and accurate as of the date of execution hereof. ITEM NUMBER FOURTEEN: COUNSEL FEES/COURT COSTS 14.1. Each party hereby waives the right to assert any claim against the other party for counsel fees for legal services rendered to him or her at any time in the past, present or future, except for costs incurred by the party in enforcement proceedings to enforce any provision of this Agreement; if enforcement proceedings are brought in a court of law, the losing party shall pay the costs and attorney’s fees incurred in connection therewith, for the other party. If a divorce proceeding is brought by either party against the other, the parties shall divide all court costs thereof, including any Master's fee, equally between them. ITEM NUMBER FIFTEEN: MISCELLANEOUS 15.1. Each of the parties agrees to execute such other and further instruments and to perform such acts as may be reasonably required to effectuate the purposes of this Agreement. 15.2. Except as otherwise provided herein, each of the parties hereto for himself or herself, and his or her respective heirs, personal representatives, and assigns, releases all claims, demands, and interests arising under The Annotated Code of Maryland, Family Law Article, Title 8, including but not limited to any claim to use and possession of the family home, if any; any claim to use and possession of family use personal property, if any; any claim to marital property, if any; and any claim to a monetary award as an adjustment of the equities and rights of the parties concerning marital property, if any. 15.3. With the approval of any Court of competent jurisdiction in which any divorce proceeding may now be pending or which may hereafter be instituted, those portions of this Agreement over which the Court has jurisdiction shall be incorporated but not merged in any Judgment of Absolute or Limited Divorce which may be passed by said Court. In the event the Court shall fail or decline to incorporate this Agreement, or any provision thereof, in said decree, then and in that event the parties, for themselves and their respective heirs, personal representatives and assigns, agree that they will nevertheless abide by and carry out all of the provisions thereof. It is further agreed that any part of this Agreement incorporated in any such Judgment shall be merged in said Judgment, but all the terms of this Agreement that are not incorporated shall not be merged into said Judgment and shall continue to be binding upon the parties and their respective heirs, personal representative and assigns. In addition, at the time of divorce, any executory provision herein shall be made a part of any divorce judgment so as to be enforceable by contempt. 15.4. Each party acknowledges that he/she has had the opportunity to seek the advice of independent counsel of his or her own choosing in the negotiation and execution of this Agreement and that the transfers and agreements provided herein constitute their reasonable and adequate settlement of their respective property rights and obligations and that this Agreement is signed voluntarily. Either party's failure to consult with an attorney before signing this Agreement constitutes a waiver of any claim by either to set this Agreement aside for failure to obtain legal counsel. If at any time either party shall be in default in any obligations under this Agreement, the other party shall be entitled to all costs, including reasonable attorneys fees, incurred in securing the performance of any obligations under this Agreement; in the event the Court determines that there has been no default under this Agreement, it is the specific intent of the parties that the Court may, where appropriate, require the moving party to pay suit money, including reasonable attorney fees to the non-moving party. 15.5. Husband hereby acknowledges that Arlene Smith-Scott, Esquire, STRATEGIC LAW GROUP, LLC has represented him and rendered legal advice to him with respect to the marital rights of the parties and in connection with the negotiation and execution of this Agreement. Each party recognize that a conflict of interest may arise and if it does, that each party must seek Legal Representation and that Arlene Smith-Scott, will not represent neither party. 15.6. Wife acknowledges that Arlene Smith-Scott, Esquire, STRATEGIC LAW GROUP, LLC has represented her and rendered legal advice to her with respect to the marital rights of the parties and in connection with the negotiation and execution of this Agreement. Each party recognize that a conflict of interest may arise and if it does, that each party must seek Legal Representation and that Arlene Smith-Scott, will not represent neither party. 15.7. Whenever the masculine gender is used herein, it shall also mean the feminine gender, where appropriate, and the plural shall mean the singular, and vice-versa, where appropriate. 15.8. This Agreement contains the entire understanding between the parties. No modification or waiver of any of the terms of this Agreement shall be valid unless made in writing, and signed by the parties. 15.9. Each party hereby waives, releases and relinquishes unto the other all rights or claims, dower, curtesy, descent, inheritance, distribution and all other rights or claims growing out of the said marriage between them, and each shall be forever barred from any and all rights in the estate of the other, whether real, personal or mixed and whether now or hereafter acquired, and each will, upon request of his or her spouse execute good and sufficient release of dower or curtesy to the other spouse, her or his heirs or assigns, or personal representatives and will join upon request, with the spouse or her or his assigns, in executing any Deed or Deeds to any real property, now or hereafter acquired or owned by the other spouse, all at the expense of the spouse so requesting. 15.10. Each party hereby waives and releases to the other party any and all claims, demands, debts, rights or causes of action that he or she may have against the other by reason of any matter, cause or thing whatsoever from the date of the marriage to the date of this Agreement, except as otherwise provided herein. 15.11. If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 15.12. Any waiver or breach or default of this Agreement shall not be deemed a waiver of any subsequent breach or default. If either party fails in due performance of any of his or her obligation hereunder, the aggrieved party shall have the right to sue for damages for the breach or contempt thereof, or to seek other legal remedies as may be available to him or her and the defaulting shall pay the reasonable attorney’s fees incurred by the aggrieved party as a result of the breach or contempt. 15.13. As to these covenants and promises, the parties hereto severally bind themselves, their heirs, personal representatives and assigns. 15.14. All agreed upon payments and/or monetary awards in this Agreement are hereby reduced to a judgment in favor of the payee and against the payor. 15.15. It is understood, mutually covenanted and mutually warranted that none of the financial duties and responsibilities of the parties to each other specified or referenced herein shall be dischargeable in bankruptcy as each party has given bona fide consideration and relinquished marital rights for same. The parties further specifically intend any hold harmless the other for any agreements set forth herein relating to each party’s responsibility to pay any debt, and provisions regarding the payment of a monetary award, attorney's fees and costs, to be in the nature of the payment of alimony, maintenance or spousal support, and therefore any such agreements shall not be dischargeable in bankruptcy. In the event a party to this agreement files for bankruptcy, the creditor spouse shall be entitled to attorney's fees and costs incurred in protecting his or her rights as provided by this agreement. 15.16. The parties further recognize and agree that to the extent any obligation of a party under this agreement is not in the nature of alimony or support, then that obligation is nondischargeable in bankruptcy because it has been incurred by the responsible party in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order. The parties acknowledge that each of them has the ability to pay any obligation that either of them accepts under the terms of this agreement. The party who accepts an obligation under this agreement can pay such obligation from income or property of that party which is not reasonably necessary to be expended for the maintenance or support of that party or that party's dependent(s) and which is not necessary for the payment of expenditures necessary for the continuation, preservation and operation of a business. Discharging any obligation or debt under this agreement would result in a detriment to the non-obligated party that outweighs the benefit to the party requesting any discharge. 15.17. This Agreement shall be construed in accordance with the laws of the State of Maryland. IN WITNESS WHEREOF, the said parties hereto have hereunder set their hands and seals the day and year first above written. WITNESS: [SEAL] DESMOND SINCLAIR [SEAL] PAULA SINCLAIR STATE OF MARYLAND COUNTY OF : : TO WIT: I HEREBY CERTIFY, that on this day of , 2017, the abovenamed DESMOND A. SINCLAIR, personally appeared before me and made oath in due form of law that the matters and facts set forth in the foregoing Agreement are true and correct as therein stated and acknowledged that the said Agreement is in fact his act and deed and that he has full understanding thereof. AS WITNESS my hand and Notarial Seal. Notary Public My Commission Expires: STATE OF MARYLAND : COUNTY OF : TO WIT: I HEREBY CERTIFY, that on this day of , 2017, the abovenamed PAULA SINCLAIR, personally appeared before me and made oath in due form of law that the matters and facts set forth in the foregoing Agreement are true and correct as therein stated and acknowledged that the said Agreement is in fact her act and deed and that she has full understanding thereof. AS WITNESS my hand and Notarial Seal. Notary Public My Commission Expires: