COMMONWEALTH OF MASSACHUSETTS

THE TRIAL COURT

PROBATE AND FAMILY COURT DEPARTMENT

ESSEX DIVISION DOCKET NO. ES22D0243DR

Gilda Y. Tellez Ruiz, )

Plaintiff )
v. )
)
Ronal O. Ordonez Elvira )
Defendant )

SEPARATION AGREEMENT
AGREEMENT made this day of May, 2022, by and between Gilda Y. Tellez Ruiz of
Lawrence, Massachusetts, (hereinafter the “Wife”) and Ronal Osvaldo Ordonez Elvira of
Guatemala, (hereinafter the “Husband”), collectively referred to as the “Parties.”

STATEMENT OF FACTS
1. The Parties were married in Jalapa, Guatemala on May 4, 2002
2. The minor and unemancipated Children of the marriage (hereinafter the “Child”) is:
Jonathan Osvaldo Ordonez Tellez (DOB 12/13/2008)
3. The Parties have been living separate and apart and last lived together 1-A Calle E3-A
Y 4-A Avenida Barrio El Porvenir 4, Jalapa, Guatemala on Ma5, 2012.
4. The Wife filed the instant Complaint for Divorce in the Essex Division of the probate
and Family Court, being Docket No. ES22D0243DR. This Agreement is made in order
to determine and settle:
a. The property rights of the respective Parties;
b. What monies, if any, should be paid by either Party to the other for support and
maintenance in consideration of the provisions of Massachusetts General Laws,
Chapter 208, §§28 and 34;
c. Whether and to what extent all or any part of the estate of either Party should be
assigned to the other in consideration of the provisions of Massachusetts General
Laws, Chapter 208, § 34;

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d. Custody, support and visitation rights of the respective parties in connection with
the aforesaid Children;
e. All other rights and obligations arising from the marital relationship; and
f. All other matters which should be determined and settle in connection with the
instant Complaint for Divorce.

I. GENERAL – UNDERSTANDING AND DISCLOSURE

A. The Parties declare and acknowledge that each of them understands the position,
circumstances, income, financial resources, expenses and prospects of the other;
and the terms, provision and conditions hereof are deemed to be fair, reasonable
and acceptable in accordance with said understanding. The Parties further state
that they have negotiated the terms of this Agreement directly and through legal
counsel, that each has had independent legal advice by counsel of his or her own
choosing and that after consultation with their respective attorneys, after being
fully and fairly advised as to all the facts and circumstances herein set forth and
after having read this Agreement line by line, each freely and fully accepts the
terms, condition and provision hereof and enters into this Agreement voluntarily
and without any coercion whatsoever. The Parties further acknowledge and
declare that this Agreement constitutes the entire Agreement between the Parties
hereto and that there are no Agreements, promises, terms, conditions or
understandings, nor any representations or inducements leading to the execution
hereof, expressed or implied, other than those herein set forth, and that no oral
statement or prior written matter extrinsic to this Agreement shall have any force
or effect in connection herewith. The Parties represent and acknowledge that each
has fully described his or her assets and liabilities to the other Party to the best of
his or her knowledge and ability, both orally and otherwise, and by the exchange
of copies of current Mass.
R. Dom. Rel. P. 401 Financial Statements, duplicate signed copies of which shall
be filed with the Court and attached to executed copies of this Agreement held by
the Parties and counsel therefor.

B. Each Party has carefully considered the future projected income, financial
resources, liabilities and expenses of the other and of his or her own and the
within Agreement is executed based upon such knowledge of each. The Parties
acknowledge, represent and declare that any non-willful omission or error or
failure of either Party to disclose any asset, liability, expense or income shall not
be deemed to have been a fraudulent representation sufficient to justify the
voiding of the contractual obligations of the Parties under the provisions of the
within Agreement. It is further agreed and understood by the Parties that they
have been afforded the opportunity for full discovery of any and all pertinent data
with regard to the income, assets, liabilities and expenses of the other; that each
waives his or her rights to such further discovery, fully cognizant of those rights;
and that each executes this Agreement based upon his or her personal knowledge
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that the written

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 representations of the other Party contained herein are believed by each to be a
true, complete and accurate reflection of the other Party’s current financial status
or circumstances. Failure of either Party to institute such discovery procedures
prior to the execution of the within Agreement shall not affect in any way the
validity of the within Agreement and shall not be a basis for either Party to attack
the validity of the within Agreement.

II. SEPARATE STATUS

A. From the date hereof, the Parties may continue to live separate and apart from
each other for the rest of their lives, as fully as if sole and unmarried, and free
from the authority of, or interference by, the other. Violation of this provision
expressly is not intended to be the basis of criminal sanctions.

B. The Parties respectively each warranty, represent and agree that they have not in
the part, and shall not hereafter, contract or incur any debt, charge or liability
whatsoever, in the name of the other for which the other, his or her legal
representatives or his or her property or estate will or may become liable
hereafter, except as otherwise provided for in this Agreement and that, s of the
date of this Agreement, there are no outstanding bills, debts, charges or liabilities
incurred by either Party for which the other Party may be liable other than as
provided in this Agreement. The Parties each further covenant at all times to hold
the other free, harmless and indemnified from and against all debts, charges or
liabilities hereafter contracted or incurred by either Party in breach of the
provisions hereof and from any and all reasonable attorneys’ fees, costs and
expenses incurred by the other as a result of any such breach.

III. WAIVER OF ESTATE CLAIM

A. Except as provided herein, each Party hereby waives any right at law or in equity
to elect to take against any Last Will made by the other, including all rights of
dower or courtesy, and hereby waives, renounces and relinquishes unto the other,
his or her respective heirs, executors, administrators and assigns forever, all and
every interest of any kind or character which each may now have, or may
hereafter acquire, in or to any real or personal property of the other, whether such
real or personal property be now owned or hereafter acquired by either Party.

B. Except as provided herein, each Party shall have the right to dispose of his or her
property by Will or otherwise, in such manner as each may, in his or her
uncontrolled discretion deem proper; and either one shall claim any interest in the
estate of the other, except to enforce any obligations imposed by this Agreement.

IV. MUTUAL RELEASE

Except for any cause of action for Divorce, or any enforcement of any Probate and
Family Court Judgment concerning dissolution of the marital relationship, or to

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enforce the provisions of this Agreement in any Court, each Party hereby released
and forever discharges the other and any third Parties in connection with matters
arising out of the marital relationship from any and all actions, suits, debts, claims,
demands and obligations whatsoever, both at law and in equity, which either of them
has ever had, now has, or may hereafter have against the other or such third Party,
upon or by reason of any matter, cause, event or think up to the date of this
Agreement, including but not limited to, claims against the property of the other, it
being the intention of the Parties that henceforth there shall exist as between them
only such rights and obligations as are specifically provided for in this Agreement.

V. ACCEPTANCE – FULL SATISFACTION

The Parties agree to accept the provisions set forth in this Agreement in full
satisfaction and discharge of all claims, past, present and future, which either
Party may have against the other, and which in any way arise or have arisen out of
the marital relationship.

VI. ADDENDA

There are annexed hereto and hereby made a part hereof Addenda A through I,
inclusive, representing additional provisions of this Agreement. The Parties
hereby expressly agree to be bound by, and to perform and carry out, all of the
terms of said Addenda to the same extent as if said Addenda had been fully set
forth within the text of this Agreement.

VII. MERGER OR SURVIVAL OF AGREEMENT

At any hearing on the Complaint for Divorce, a copy of this Agreement may be
submitted to the Court and may be incorporated in the Judgment of Divorce.
Notwithstanding such incorporation, all matters relating to the child, including
support and health insurance shall be merged into said Judgment of Divorce; all
other matters shall survive and maintain independent legal significance and be
forever binding upon the Parties. The purposes of this paragraph are expressly (1)
to protect each Party from any attempt by the other Party to vary the terms of this
Agreement following the entry of final Judgment of Divorce; and (2) to enable the
Parties to procure enforcement of the terms of this Agreement incorporated in a
Judgment of Divorce in the Essex County Probate & Family Court or as a binding
contract in any court of competent jurisdiction over the person or property of the
other Party.

VIII. EXECUTION OF DOCUMENTS

The Parties hereby expressly agree to execute promptly any and all documents,
including but not limited to, deeds, mortgages, releases, agreements, resignations

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and certificates of trustees, that may from time to time become necessary for the
purpose of enforcing the terms and provisions of this Agreement.

IX. STRICT PERFORMANCE

The failure of either Party to insist in any instance upon the strict performance of
any term or terms set forth herein shall not be construed as a waiver of such terms
for the future, and such terms shall nevertheless continue in full force and effect.

X. VALIDITY

In the event any part of this Agreement shall be held invalid, such invalidity shall
not invalidate the entire Agreement, but the remaining provisions of this
Agreement shall continue to be valid and binding to the extent that such
provisions of this Agreement shall continue to be valid and binding to the extent
that such provisions continue to reflect fairly the intent and understanding of the
Parties in executing this Agreement.

XI. GOVERNING LAW

This Agreement shall be construed and governed according to the laws of the
Commonwealth of Massachusetts except as appropriate for another jurisdiction.

XII. MODIFICATION

This Agreement shall not be altered or modified except by an instrument signed

and acknowledged by both Parties.

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SIGNED at , Massachusetts, on the dates below written. Executed in several
counterparts and initialed by page.

Gilda Y. Tellez Ruiz De Ordonez

Commonwealth of Massachusetts
Essex, ss.

On this day of May, 2022, personally appeared before me ,

named above, who proved to me through satisfactory evidence of identification, to wit,
Driver’s License, to be the signer of the within document entitled “Separation
Agreement” and acknowledged to me that he signed same voluntarily for its stated
purpose.

[SEAL] Notary Public: Lisseth Patrick Margarita

Oliva Montufar
My Commission expires: 06/30/2023

Ronal O. Ordonez Elvira

Country of Guatemala

On this day of May, 2022, personally appeared before me ,

named above, who proved to me through satisfactory evidence of identification, to wit,
, to be the signer of the within document entitled “Separation
Agreement” and acknowledged to me that he signed same voluntarily for its stated
purpose.

[SEAL] Notary Public: Lisseth Patrick Margarita

Oliva Montufar
My Commission expires:06/30/2023

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 EXHIBIT A

CUSTODY AND PARENTING SCHEDULE

Legal and Physical Custody – Parents Interaction and Involvement With Child

1. There remains one unemancipated child born of this marriage, Jonathan O. Ordonez
Tellez date of birth December 13, 2008, age 13.

2. The Wife shall have sole legal and physical custody of the minor child.

EXHIBIT B

CHILD SUPPORT

1. This Court does not have jurisdiction to establish Child Support responsibilities as to
the Husband.

EXHIBIT C

TAXES

1. Dependency Exemptions. The Wife shall claim child for the purposes of the
dependency exemption each and every year.

EXHIBIT D

MEDICAL EXPENSES

1. The Parties shall each be responsible for their own medical and dental insurance,
and uninsured or unreimbursed medical, dental, optical or other health related
expenses.

2. The Wife shall be responsible for ensuring child is covered under his existing
policy of medical insurance.

EXHIBIT E

PERSONAL PROPERTY

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1. Upon signing of this Agreement, the Parties acknowledge that they have
divided between them all their personal property to their mutual satisfaction,
and each of them shall own, have and enjoy, independently of any claim or
right of the other, all items of personal property of every kind now or hereafter
owned or held by him or her, with full power to dispose of same as fully and
effectually, in all respects and for all purposes, as if he or she were unmarried.

2. All the personal intangible property held in the sole name or in the sole
possession of either party, including without limitation securities, stock
options IRA’s, mutual funds, bank accounts, credit union accounts and
tangible personal property shall belong to the Party in whose name or
possession said personal property is presently located and as listen on their
respective Financial Statements filed with the Court.

3. The Parties Warrant that, other than those listed on their respective Financial
Statements filed with the Court, they own ho other stocks, bonds, stock
options, investments, or other assets, either individually or with any other
person. Any asset listed on each Party’s respective Financial Statement shall
remain the property of that Party, and, with the exception of the above and
Exhibit J, each Party waives any and all right, title and interest to all other
assets of the other Party.

4. The Husband and Wife agree that, as of the final hearing, all property of any
kind hereafter acquired by the Husband or by the Wife, and all income and
earnings of either of them, shall constitute and be the sole and separate
property of the person by whom the said property is acquired or earned. All
property of any kind heretofore acquired and owned by the Husband and by
the Wife shall remain the property of such person, except as otherwise
specifically provided in this Agreement. Each Party affirms that all assets
have been listed on their respective Financial Affidavits.

EXHIBIT F

REAL PROPERTY

1. Neither party has interest in Real Estate.

EXHIBIT G

DEBTS/LIABILITIES OF THE PARTIES

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1. With regard to the current liabilities owed, or due by both parties, they agree
as follows:
a. Husband shall be solely responsible for any account already in his
name individually. He shall continue to pay and be solely responsible
for any and all future payments due. The liabilities are currently listed
on his financial statement. In no circumstance shall the Husband be
responsible for any of the Wife’s debts incurred subsequent to this
divorce agreement.

b. Wife shall be solely responsible for all liabilities incurred after the date
of this agreement for accounts already solely in her name. She shall
continue to pay and be solely responsible for any and all future
payments due. The liabilities are currently listed on her financial
statement. In no circumstance shall the Husband be responsible for any
of the Wife’s debts incurred subsequent to this divorce agreement.

2. At the time of the execution of this agreement, all debts incurred by either
Party during the course of his marriage have been equally divided and/or
assumed by each Party accordingly (See respective Financial 401 forms).
Specifically, the Husband shall be responsible for his debt, and the Wife shall
be responsible for her debt.

3. The Husband shall not hereafter make any purchases or contracts or incur any
expenses, debts, charges or liabilities in the name of or upon the credit of the3
Wife or any liability whatsoever for which the Wife, her legal representative,
her property or her estate will or may become liable. The Husband further
agrees that he will pay all debts, charges and liabilities incurred by him after
the date of the within Agreement. The Husband further covenants at all time
to hold the Wife free, harmless and indemnified from and against all debts,
charges or liabilities heretofore or hereafter contracted or incurred by him in
breach of the provisions of the within paragraph.

4. The Wife shall not hereafter make any purchases or contracts or incur any
expenses, debts, charges or liabilities in the name of or upon the credit of the
Husband or any liability whatsoever for which the Husband, his legal
representative, his property or his estate will or may become liable. The Wife
further agrees that she will pay all debts, charges and liabilities incurred by
her after the date of the within Agreement. The Wife further covenants at all
times to hold the Husband free, harmless and indemnified from and against all
debts, charges or liabilities heretofore or hereafter contracted or incurred by
her in breach of the provisions of the within paragraph.

EXHIBIT H

EMANCIPATION

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Emancipation. Emancipation with respect to a child shall occur or be deemed to have
occurred upon the happening of the earliest of any of the following, all in accordance
with the M.G.L. c. 208, §28:

1. If the child does not have plans for future education as a full-time student,
then upon the attainment of the age of 18 years, or three months after
graduation from high school, whichever shall last occur;

2. If the child is attending a post-secondary accredited vocational training

school, college or university as a full-time student, then upon the
attainment of the age of 23 years, or upon completion of such school or
college, whichever shall first occur;

3. Marriage of child;

4. Permanent residence away from the residence of the Wife; residence at

boarding school, camp or college expressly being deemed not to be a
residence away from the Wife;

5. Death of child;

6. Entry by the child into the military service of the United State; or

7. Engagement by the child in full-time employment after the age of 18,

except that such full-time employment during vacations and summer
periods shall not be deemed emancipation. Such emancipation shall be
deemed to terminate upon cessation by the child for any reason of full-
time employment; thereafter, emancipation shall be determined in
accordance with other applicable provisions of this section.

EXHIBIT I

ALIMONY

1. Except as otherwise provided herein, after giving careful consideration to all

relevant facts and circumstances including but not limited to each party’s
current income, assets, needs, liabilities, and the financial circumstances of
both parties resulting from the execution of this Agreement, the Spouses each
permanently waive and disclaim any right to demand or receive alimony,
maintenance or separate support from the other on account of their marriage to
each other under the laws of this or any other jurisdiction, past, present and
future alimony.

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2. Additionally, the Parties specifically waive any and all rights that he or she
may have under M.G.L. c. 208 or any other statutory or case law to seek to
modify the provisions of the previous paragraph. Notwithstanding the
foregoing, either party reserved the right to seek future alimony, but any such
request shall commence upon the date of filing.

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