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2:12-cv-11671-GER-LJM Doc # 9-6 Filed 01/10/13 Pg 1 of 6 Pg ID 48

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Jul. 2. 2012 3:13PM Nridh ?o:nt Exetutive Suites No. 1561 P. 2
SE1TLEAmNT AGREEMENT AND RELEASE
This Settlement Agreement and Release is made on this June 21, 2012, by and between
Lawrence Black C
1
Blaclc'1), and RSB EqUity Gtoup, LLC ("iRSB") which includes my and all
liability for its employee. Cynthia Philipa, (here.ina:fter
WHEREAS, Black has asserted certain claims against RSB alleging violation(s) of the
federal Pair Debt Collection P*'icea Act, 1692, ct seq. ("FDCPA'? Wld Michigan state Jaw in
connection with telephone calls he alleges he received.
WHEREAS, RSB denies the Claims nsserted by Black.
WHEREAS, Black and RSB desire to avoid litigation expenses, the uncertainties of
litigation and resolve the claims that have been alleged by Blaok.
NOW, THEREFORE, in consideration of the mutual covenants, agreements,. promises,
and releases provided for herein, aud other good and valuable consideration, the receipt and
sufficiency of Which are hereby acknowledged;
l. Def'mitiGDS
A. ''Black Related Persons shall mcsn Black's spoue, family. successOl't, assigns.
agents, se:rva.uts, heh'S, Qecutors. administrators, repxesontatives, insurers, employees, attorneys.
beneficiaries and all otheis cJaiming throllgb him.
B.
0
R.SB Related Persons" shall mean the predecessors. suc=aaors. es.signs, parent
COiporations, subsidiaries, affiliates, holding compaoies, di"Visions, unincorporated business
units, joint ventures, partna.ts, insure.rs., offiOOfS, dfteotors, shareholders, managers. employees
(including but not limited to: Cynthia Philips), agents, servants, i:ep1-esentatives. officials,
attorneys, associates and trustees ofRSB.
C. "Agreement
0
shall mean this SeUlcmmt Agreement ond Release.
D. 'JPartiea" shall mean Black and RSB and PHILLIPS.
E. "Claims" shall meiin claims, countmdaims, demands, actions, eauscs of action,
debts, liabilities, damages, costs, fees, rights. duties, obligations, petitions, suits,
losses, contl'OVersies. executions, offsets and sums, of any kind (Ir nature, whether direct or
inditect, liquidated or unliquidated, contingent or actual, in law or equity, known or llnknown,
suspected or unsuspected, of whatever type or nature. Claims shall also include but not be
limited to mzy federal, state or local statutory or regulatory claim, any tort claim and/or any
contract claim.
2.. Release
EXHIBIT
I f
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In oonsidmdion of the payment of $7500.00 (Seven. Thousattd Five HUlldrcd DollatS and
00/100 Cents), payable by cheek to "Rex Ander.iOll, P.C.", FEIN #: 38-3233524, Black for
himself and Black Related Persons, release, romi9fJ and fol'ever discharge RSB and RSB Related
Persons of and from any and all Claims that Black and Black Related Persons asserted or could
have asserted against RSB and RSB R.e.lated Persons.
3. Con6den1iaHty
The Pm:ties agree that the terms and conditions of this Agreement, the amonnt of the
settlement (mclucling any reference to the range of settlement), all offers ot counterbffe.rs, all
non-publicly disclosed facts, infonnation, documents and/or details about the claims, and all
other aspects of negotiations between the Parties are confidential and shall not be di$Closed or
revealed by t h ~ except as specified below. Black specifically agrees that he will no't transmit
any press relemc or other information to the media about the Agreement or its terms and that
they will not otherwise publish any infomiation about thC Agreement or its terms. The Parties
expressly agree that the terms and conditions of this Agreement may be disclosed:
a. By RSB to RSB Related l>crson its Accountants and or its .regulators in !the evem.
that :R.SB detern'lines, in its soJe discretion. that such disclosure is necessary;
b. By Black to his tax retu1n p.reparcr, the IRS, accountants, auditors, or attnmeys in
the event that Blaclc determines, Jn his sole discretion, that such disclosure is
necessary;
c. By any of the Parties if necessa1.y to enforce or litigate over any provision of this
Agreement; and
d. To the extent required by law.
In the event a eourt or other legal body shall compel disclosure or production of thb
Agreement or any part hereof. the party compelled to diaolose will provide immediate written
notice to the non-disclosing party or lta attorney.
4. Represent"tions and Warranties
The Parties acknC>Wledgo, warrant and rcptt.scnt that
. -......... .
a. the only repxesentations of law or &ct on which they have relied arc expressly set
forth In the Agreement, they disclaim any reliance in executing the Agreement on
any representations not contained herein, and no other represenmfions or
inducemen!8 by the opposing party, the opposing party's atlomey, aBent or
represent.ative, or any other party, have caused [him/her] or it, ~ to
execute the Agreeiruint;
b. the Parties bad the opportunity to seek and tel)' upon the ad'Viee of their r.ounsel in
the negotiation and exceution of this Agreement;
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8. Ct-edit Reporting
DELETED
9. Dismissal of Action
Counsel fur Black shall prepare. execute, circulate and file as necessary a Notice or
Stipulation of Dismissal with P1-ejudice and Proposed Order with the Court in the Action.
IO. Paymmt Deaclline
The validity of this agreement shell be dependent UJlOn tho receipt of a series pf six
monthly Nvments in the amount of $1250.00 to be received byFJal!!dtl'11 counsel b_y the first of
each month commencing on July!, 2012. Payment in full shall be macle by way QUhccks or
ocher .Y.!!i4 form of payment! qf._ tile settltment proceeds to be rece!nd Ill' eJaintlifs
remresenrative on or before the f.atst day ofJanym l- 2013. This asreement also contemplates a
ton-day cigraee" period for any late payments.
11. Notice to Parties
In the event that notice to one of 1he Parties must be provided under the t.etrb! of this
Agreement, this Agreement is satisfied and notice is deemed provided by sending the required
notice and/or doeuments and materia:ls via certified U.S. Mail, with postage prepaid, to the
~ e t i v e addresses;
a. For Black:
b. ForRSB:
12. Governing Law
Rex Anderson. P .C.
9459 Lapeer Road
Davison, MI 48423
Attn: lle>r Andeison, Esq.
RoyMuJlman
599 W Crossville Road
Suite Ill
Roswell GA 30075
This Agreement shall be subject to, governed by, 811.d construed and enforced pursuant to
the laws of the State of Michigan.
13. Severability
The Parties agree 1hat if any court or tribunal of competent jurisdiction deter.mines that
any provision of this Agreement is illegal, invalid or unenforceable, sueh illegal. invalid or
unenforceable provision shall be .severed from the Agreement and the remainder of this
Agreement shall not ho affected thereby and shall remain in full force and effect.
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No. 1561 P. 4
c.
d.
e,
no tax advice has been offei'Cd or given by either party in the course of these
negotiations and each part.y is relying upon the advice of his or its own tax
consultant regard to any tax consequences 1bat may arise as a result of the
execution of this Agreement;
the Parties subsequently may discover faots ditlerent from or in addition to those
now known or belie"led to be true regatding the subject matter of this Agreement,
and agxee that this Agreement shall remain in full force and effect
notwithstanding the existence or discovery of e.n.y such dfffeten.t or additional
fa.cts; and
the Pm1ies :qiutually dtafted this Agreement end thexefore this Agi'Cernent shall
not be co.DS1lUed mote strictly against any party.
Addi1ionally, Black warrants and represents tbat he is the sole attd absolute Regal and
equitable owner of the Clamis covered by this Agxeetnent and the reteue in Section 2; that
Black's Claims have not been aesigned, transferred or disposed of In fact, by operation 10f law or
in any matter whatsoever; and that he has the full right and power to execute and dtliver the
release la Section 2 and the ok agreements contained herein. Further RSB warrants t&at it will
not 1099 Black for any settlement proceeds and that the only 1099 R$B issues will be to Rex
Anderson PC.
S. Merger, lottgratioJl and Amendment
The Parties acknowledge that this contains the entire agxeement of the Parties,
that all prior oral or written statements, representatiODBt and covenants are merged into this
Agreement, end that any other agreements not exprc.1Sly stated be?Cin arc void and have no
further force and effcot the Parties agree that the Agi'eement may not be amended or tttodified
except by a subsequent, written agreement executed by all of the Parties.
6. No Adndssloq or Liability
The Parties agree 1hat this Agl'ecment, its terms and/or 1he Parties' negotiations of it shall
not constitute or be co.ostrucd. as an admission by RSB and R.SB R.elat.cd Persons of the lt.mth of
any of the allegatioDs made 0t of any liability, fault. or wrongdoing of any kind whatsoever.
This Agreement or any of its tellDS shall not be offered as or received into evidence by Black in
any pending or :future civil, criminal or administrative proceeding or action against Black and
RSB Related Persons hereto in any court, administrative agency or other tn1nmal, for any
purpose whatsoever, except as may be necessaiy to enfotoe or to effectuato tho terms of this
Agreement or by court order.
7. Debt Satisfaction
DBLBmD.
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No. 1561 P. 6
14. Counterparts
This Agreement may be executed in one or more counterparts, all of which takm together
shall cons1itute one insttumcnt.
TBE REMAINDER OF THIS PAGE INTENTIONALLY LEFl' BLANK.
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No. P. 7
THE UNDERSIGNED HA VE READ THE FOREGOING SETl'LEMENT AGRiEEMENT
AND RELEASE, FULLY UNDERSTAND rt, AND AGREE TO THE TUMS SET
FORTH BEREIN.
Lawrence Black
te of Michigan )

)
By:
Ullman
RONALD F VENSKO
NOTARY PUBllC STAT& OF MICHfGAN
COUNTY OF WAYNE
P.tf CommlBS!on Eicpfnls:
AdlnO lnttie Collnty o1_ ...
Title:
Date:
ofRSB Equity Group, U.C
1
StatcofOeorgia )
) ss:
County of )
On 1 h .. f ?o11_ 2012, before me petSOnally came IU>y Mullman, fu me known, and
known to individual described in, and who executed. the foregoing SETTLEMENT
AGREEMENT AND RELEASE, and duly acknowledged to me that he executed the same.

NOTARY PUBUC

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