IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR VOLUSIA COUNTY, FLORIDA. Defendants.

Transcription

1 IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR VOLUSIA COUNTY, FLORIDA OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA, CASE N0.: CICI Plaintiff, V. RESALES BUY OWNER.COM, INC., a Florida Corporation; JACK WASSERMAN and MICHAEL HOOPER, individually, as owners, officers and/or directors of RESALES BUY OWNER.COM, INC., and DAWN HARRINGTON, Individually, Defendants. CONSENT TO ENTRY OF AGREEDJUDGMENT AGAINST RESALES BUY OWNER.COM. INC., INJUNCTION AND OTHER RELIEF. (Pursuant to the terms of this executed Agreed Judgment filed by the parties in this matter, the Court incorporates same in its findings and enters the attached Agreed Order For Entry Of Agreed Judgment Against Resales Buy Owner.Com, Inc., And Reservation Of Jurisdiction) I. PENDING LITIGATION CASE N0.: CICI I. Jurisdiction and Venue This Court has subject-matter jurisdiction, pursuant to the provisions of Chapter 501, Part II, Fla. Stat., specifically section , which outlines the remedies of the Office of the Attorney General as the enforcing authority.

2 2. Allegations: A. Pursuant to Florida Statute Chapters 501, Part II and Part IV, and 721, Plaintiff has alleged that RESALES BUY OWNER.COM, INC. (hereinafter "RBO"), by and through its principals, JACK WASSERMAN and MICHAEL HOOPER, and employees/independent contractors entered into "signed" and "unsigned" contractual agreements with consumers to "advertise" on their time share on the Defendant's website, for the sale or rent of their timeshares and charged variable upfront fees for services that were not fulfilled by the sale or rent of their timeshares from the advertisement(s). B. Moreover, it has been alleged that DAWN HARRINGTON, employee/independent contractor of RBO, and to a lesser extent other employees/independent contractors, RBO consumers were advised through electronic and telephonic communications from the sales personnel that RBO had buyers and renters waiting to rent or purchase their timeshare, which was false. Consumers were charged at least $299 per ad to "advertise" their timeshare for sale on the RBO website, which was represented to, and understood by many, consumers that RBO was a timeshare resale and rental company, not an advertiser. C. It has also been alleged that RBO through DAWN HARRINGTON and other employees also advised consumers that RBO could advertise their vacation or bonus getaway weeks, which are awarded to consumers through their actual timeshare company (i.e., Interval International, RCI, etc.), for sale or rental. RBO employees/independent contractors falsely advised consumers that they could advertise to rent/sell the subject weeks on behalf of the consumer and that there were actual renters/buyers for their timeshare property. Page 2of18

3 Consumers were charged approximately $ per week of vacation or bonus getaway weeks that they wanted to rent, so in some instances consumers paid RBO $ or more for a single page ad on its website. D. It has also been alleged that the transactions and misrepresentations, made by RBO through DAWN HARRINGTON and other RBO employees was with the knowledge and approval of JACK WASSERMAN and MICHAEL HOOPER, (however expressly denied by each), and that the company could sell or rent a consumer's timeshare interest, in any form, were unfair and deceptive trade practices, however, notwithstanding, RBO has in consideration of the terms of this Agreement, has accepted the responsibility for the acts of its employees, and commissioned sales personnel, including, DAWN HARRINGTON. 3. Scope of Agreed Judgment and Agreement A. The injunctive provisions of this Agreed Judgment and Agreement are entered into pursuant to the Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Part II, Fla. Stat., the Florida Telemarketing Act, Chapter 501, Part IV, Fla. Stat., and the Florida Vacation Plans and Timeshare Act, Chapter 721, Fla. Stat., relating to the sale of advertising for timeshare resale and rental services over the internet, as well as via telemarketing, which were alleged at all times material applicable to RESALES BUY OWNER.COM, INC., a Florida Corporation, d/b/a RESALES BY OWNER.NET, RESALES BY OWNER.COM, THE TIMESHARE-PROS.NET (which provided website links to RBO); JACK WASSERMAN and MICHAEL HOOPER, individually, as shareholders, owners, officers and/or directors of RESALES BUY OWNER.COM, INC. Page 3of18

4 B. Moreover Chapter 50 I (in it applicable parts) and 721 were also applicable to RBO's officers, directors, employees, agents, servants, representatives, as well as all persons, corporations, partnerships, and other entities acting in concert or participating in any acts that violate Chapters 50 I and 721. C. This Agreed Judgment and Agreement, as detailed below, applies to RESALES BUY OWNER.COM, INC., a Florida Corporation, d/b/a RESALES BY OWNER.NET, RESALES BY OWNER.COM, THE TIMESHARE-PROS.NET; as well as to both JACK WASSERMAN and MICHAEL HOOPER, individually, as shareholders, owners, officers and/or directors of RESALES BUY OWNER.COM, INC. D. This Agreed Judgment and Agreement, as detailed below, applies to and includes consumers of RESALES BUY OWNER.COM, INC. who may have had claims, or who could have had any claims, resolved or unresolved for restitution/charge-backs as against RESALES BUY OWNER.COM, INC., JACK WASSERMAN, individually, and MICHAEL HOOPER, individually ("Defendants"), and who properly filed affidavits and supporting documentation with the Office of the Attorney General. E. This Agreed Judgment and Agreement does not apply to or include consumers who have filed, or may subsequently file, claims against the Surety Bond (Bond No. 2!BSBFG6819) held as security by the Florida DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, however the Office of the Attorney General did provide timely notice of consumer claims to Florida DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES regarding the Surety Bond. Page 4of18

5 Any and all claims made by consumers against said Surety Bond, along with any and all fees or penalties that may be levied against the Surety Bond, shall be deemed separate and distinct from the terms of this Agreed Judgment and Agreement, and are subject to the review, authority and approval of the Florida DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES solely. F. This Agreed Judgment and Agreement is entered into by the Defendants, specifically for and in consideration of the cessation of all civil proceedings by the Office of the Attorney General (except enforcement) as against the Defendants or by any other individual RBO consumer who are likewise subject to the terms ofthis Agreed Judgment. II. PARTIES A. Defendants: As used in this document, the term "Defendants" in this Agreement shall include the corporate entity RESALES BUY OWNER.COM, INC., a Florida Corporation, d/b/a RESALES BY OWNER.NET, RESALES BY OWNER.COM, THE TIMESHARE PROS.NET, including its successors and assigns(rbo); and when specifically referenced, Defendants shall include JACK WASSERMAN and MICHAEL HOOPER, individually, as shareholder, owners, officers and/or directors of RESALES BUY OWNER.COM, INC., and when specifically referenced, DAWN HARRINGTON, individually. B. Plaintiffs: All customers or consumers of RESALES BUY OWNER.COM, INC., and/or as represented by the OFFICE OF THE ATTORNEY GENERAL, State of Florida. Page 5of18

6 III. INJUNCTIVE TERMS The Defendants, RESALE BUY OWNER.COM, INC., JACK WASSERMAN and MICHAEL HOOPER, individually, and/or by or through their trustees, agents, employees, independent contractors or other persons or entities shall be permanently ENJOINED from: 1. Participating or engaging in any illegal or prohibited activity in timeshare resale or rental advertising related business as an owner or shareholder of any amount of interest in a business that purports to advertise timeshare resales or rentals on behalf of consumers within the State of Florida, or, where the consumer resides outside of the State of Florida; 2. Working as an employee or independent contractor for a timeshare resale or rental business that they know or have reason to believe, violates Chapters 501 and/or Operating any business as an owner, director or officer that violates Chapters 501 Florida Statutes in any of it pertinent parts. IV. MONETARY PROVISIONS Restitution: A. Defendant, RESALES BUY OWNER.COM, INC., shall pay, by and through by this instrument, as a irrevocable assignment to the Office of the Attorney General, the remaining amount held in RBO's merchant reserve account, GROUP ISO ACCOUNT (a/k/a Page 6of18

7 Group ISO Reserve Funds) approximately* Sixty Five Thousand, Seven Hundred Sixty Nine Dollars and Forty-Six Cents. ($65,769.46) [only] as restitution to consumers. [As of December 1, 2010 consumers have received restitution in the form of charge backs in from RBO's Reserve Funds merchant reserve account and the approximate amount of totaling $326, r B. The RBO funds remaining in the GROUP ISO ACCOUNT (a/k/a Group ISO Reserve Funds), by this instrument, have been irrevocably assigned by RBO to the Office of the Attorney General by this instrument as part of this Agreement and Agreed Judgment. American Verification Processing Solutions ("A VPS") and/or GROUP ISO will forthwith provide an accounting, and pay and surrender the amount the amount of$65,769.46* funds remaining in the RBO reserve account, held by GROUP ISO, to the Office of the Attorney General, as part of the full and final restitution for all remaining consumer claims as against RBO subject to this Agreed Judgment and Agreement. *[Ifthe amount the amount remaining in RBO reserve account, held by GROUP ISO is Jess that $65,769.46, as a result of additional payment (charge backs) to consumers, American Verification Processing Solutions ("A VPS") and/or GROUP ISO will forthwith provide an accounting, and pay and surrender the balance remaining to the Office of the Attorney General.] a (Within the proscribed timeframe an estimated $55, in the refunds came from deductions from RBO sales personnel/employees' salaries/commissions who had participated in the activity resulting in the charge back, and included in the refunded charge backs to consumers as part of the $$326, The Office of the Attorney General, as part of this settlement has taken into consideration the amount of restitution previously repaid to or refunded to consumers from funds, in part, deducted by RBO from its personnel/employees' salaries/commissions, whose activity resulted in the charge backs, and specifically DAWN HARRINGTON, prior to the execution of the Consent Judgment.) Page 7of18

8 C. The Office of the Attorney General will thereupon determine and satisfy, in its sole discretion, any and all consumer outstanding claims which may be due, unpaid, as full and final restitution of such claims after comparison to the listing of charge backs/refunds, from total amount of charge backs previously paid from RBO'S Merchant Account. D. The remaining restitution for any other consumers pending claims who were not previously reimbursed or received charge backs credits to their credit card accounts/bank accounts, who have filed with the Office of the Attorney General valid complaints with supporting documents to support their claims through December 31, 2010, shall be determined and paid by the Attorney General in its sole discretion, from funds it will receive from the assignment ofrbo's merchant reserve account. E. RESALES BUY OWNERS merchant vendor, American Verification Processing Solutions ("AVPS") and/or GROUP ISO upon receipt of this order, shall forthwith deliver its check to the Office of the Attorney General, State of Florida (the "Department"), at 1300 Riverplace Boulevard, Suite 405, Jacksonville Florida (ATTENTION: ASSISTANT ATTORNEY GENERAL GREGORY JACKSON) by its check made payable to "Legal Affairs Revolving Trust Fund" in the approximate amount of Sixty Five Thousand, Seven Hundred Sixty Nine Dollars and Forty-Six Cents ($65, ) representing the balance in the GROUP ISO ACCOUNT (or any lesser amount with a full accounting of the charge backs to RBO) which fund will be available to Office of the Attorney General for payment proportionately of any remaining restitution/claims due to consumers, as determined by the Office of the Attorney General. Page 8of18

9 F. Any monies remaining in the funds transferred to the Office of the Attorney General (Department) by GROUP ISO from this fund after April 1, 2011, shall be remitted to the Department to cover attorneys' fees, investigative costs, and future compliance and monitoring in the area of consumer protection 2. Civil Penalties and Attorneys Fees A. In lieu of civil penalties and Attorneys Fees pursuant to Sections and , Defendants, RESALE BUY OWNER, JACK WASSERMAN and MICHAEL HOOPER, without any admission of liability or violation of the laws of Florida, collectively, shall pay the Office of the Attorney General the total sum of Ten Thousand Dollars ($10,000.00) to the Florida Department of Legal Affairs Revolving Trust Fund from RBO funds held by Trisource Merchant Account. B. The entirety of the remaining balance in the TRISOURCE Merchant Account, is by this instrument forthwith irrevocably be assigned by RBO and it principals, to Ronald I. Strauss, Esq., P.A., and upon receipt of this order, American Verification Processing Solutions ("A VPS"), and/or TRISOURCE Merchant Account, will forthwith transfer any remaining balance, of the RBO funds in the TRISOURCE Merchant Account, by check made payable to the Trust Account of Ronald I. Strauss, Esq., P.A., 2340 So. Dixie Highway, Miami, FL Upon receipt thereof, Ronald I. Strauss, Esq., P.A., will forthwith issue its Trust Account check to the Florida Department of Legal Affairs Revolving Trust Fund for the sum of Ten Thousand Dollars ($10,000.00) in full satisfaction of this obligation (A, above). Page 9of18

10 C. If the balance of the assigned TRISOURCE Merchant Account funds is insufficient to pay any portion of the $10, to the Florida Department of Legal Affairs Revolving Trust Fund, then the Defendants, JACK WASSERMAN and MICHAEL HOOPER shall forthwith pay same or the remainder of the debt shall revert to civil penalty, to which the individual Defendants, JACK WASSERMAN and MICHAEL HOOPER, may be held jointly and severally liable for the remaining unpaid portion. V. RECORDS AND COMPLIANCE Provision For Record Retention: For a period of ninety days after the execution of this Agreed Judgment the Defendants shall maintain and make available to the Office of the Attorney General, upon its written request, all books, records and other documents relating in any way to the subject of this agreement. Any such records requested by the State shall be made available for inspection within twenty (20) business days. Defendants shall honor any request from the State to make such records available without further legal process, or provide a written explanation as to why the records are not available. VI. GENERAL AND ADMINISTRATIVE PROVISIONS Reservation of Jurisdiction, Modification A. The parties agree that jurisdiction shall be retained by the Circuit Court for the Seventh Judicial Circuit in and for Volusia County, Florida, for the purpose of enabling any party to this Agreed Judgment to apply to the Court at any time for further orders regarding Page 10of18

11 enforcement, modification, construction and for such and directions as might be necessary or appropriate for the enforcement of any of the terms of this Agreement. B Jurisdiction shall be retained regarding sanctions arising from any violations of the provisions hereof, and carrying out of the injunctive provisions of this Agreed Judgment. C. Jurisdiction shall be retained regarding or to enforce the accounting, assignment/transfer of the RBO funds held in GROUP ISO Merchant Account (a/k/a Group ISO Reserve Funds) and/or TRISOURCE Merchant Account, (and/or through/by American Verification Processing Solutions), including commencement of additional proceedings with regard thereto. B. The parties by stipulation may agree to a modification of this Agreed Judgment, which agreement shall be presented to this Court for consideration, provided that the parties may jointly agree to a modification only by a written instrument signed by or on behalf of both the Office of the Attorney General and Defendants. 2. Future Actions: The Parties shall abide by the financial and injunctive terms of the Agreed Judgment and Agreement. A. The Office of the Attorney General may institute any action or proceeding to enforce the terms and provisions of this Agreed Judgment and Agreement, or institute and third party proceeding for an accounting and/or to enforce the transfer of the RBO funds held Page 11 of18

12 in the GROUP ISO Merchant Account, for the payment of RBO funds assigned by it pursuant to the terms of this Agreement. B. Likewise, Ronald I. Strauss, Esq., P.A and/or the Trust Account of Ronald I. Strauss, Esq., P.A may institute any action or proceeding to enforce the terms and provisions of this Agreed Judgment and Agreement, or institute and third party proceeding for an accounting and/or to enforce the transfer of the RBO funds assigned by it held in TRISOURCE Merchant Account, for the payment of RBO funds to the Trust Account of Ronald I. Strauss, Esq., P.A., pursuant to the terms of this Agreement. C. Defendants further acknowledge that a violation the injunctive terms of the Agreed Judgment (III. INJUNCTIVE TERMS) shall be evidence of a violation of the applicable state law( s) by that non-compliant defendant in a proceeding initiated by The Office of the Attorney General. D. Further, this Agreement (except as to the funds held by Group ISO Reserve Funds assigned to the Office of the Attorney General, or the injunctive provisions, or the $10, payment by the Defendants), shall specifically discharge RBO, and JACK WASSERMAN, MICHAEL HOOPER, DAWN HARRINGTON, individually, as well as any other former RBO employee or commissioned sales person, from any further financial obligations to the Office of the Attorney General, or to any individual RBO consumer. This Agreed Judgment and Agreement, except as specifically stated herein, barring any breach of the same, will constitute a complete general release of RBO, and JACK WASSERMAN, Page 12 ofl8

13 MICHAEL HOOPER, individually, as well as any other former RBO employee or commissioned sales person, including DAWN HARRINGTON. E. Upon providing an accounting and transfer, and payment of the designated RBO funds remaining in the Group ISO merchant account to the Legal Affairs Revolving Trust Fund (paragraph I above), and upon providing an accounting and transfer, and payment of the designated RBO funds remaining in the Trisource Merchant Account to Ronald I. Strauss Esq., P.A (payable to the Trust Account of Ronald I. Strauss Esq., P.A. paragraph 3 above), this Agreement will also constitute a complete general release of American Verification Processing Solutions ("A VPS"), as to any RBO customer claims against the Group ISO and Trisource Merchant Account. 3. Compliance with and Application of State Law. Nothing in this Agreed Judgment and Agreement will be construed to limit the authority of the Attorney General to protect the interests of the State of Florida or the people of the State of Florida. Accordingly, nothing herein relieves Defendants of their continuing duty to comply with applicable laws of the State nor constitutes authorization by the State for Defendants to engage in acts and practices prohibited by such laws. This Agreed Judgment shall be governed by the laws of the State of Florida. 4. Non-Admission. This Agreed Judgment shall not be construed as, or deemed to be evidence of, an admission or concession on the part of Defendants of any liability or wrongdoing whatsoever, which is hereby expressly denied and disclaimed by Defendants. This Agreed Judgment and Page 13of18

14 Agreement is entered into solely for the purpose of compromise, and in consideration of the expenses connected with protracted litigation. 5. No Change to Substantive Rights. Nothing herein shall be construed to waive, modify or change any substantive rights of other persons or entities against Defendants with respect to the acts and practices not covered by the terms of this Agreed Judgment. 6. Representations and Warranties. Defendants represent and warrant that they have ceased all of the business activities which form the basis for the State initiating a claim against Defendants and are the subject of this agreement, to include but not limited to any alleged illegal or prohibited telemarketing and internet advertising of timeshare sale or rental opportunities. Defendants further represent and warrant that they will implement the terms of this Agreed Judgment in good faith and will advise the Department of any errors or omissions in the implementation discovered by them. Defendants acknowledge the Department's reliance on the foregoing representations. CONSENT TO AGREED JUDGMENT 1. RESALES BUY OWNER.COM, INC., a Florida Corporation, d/b/a RESALES BY OWNER.NET, RESALES BY OWNER.COM, THE TIMESHARE-PROS.NET, JACK WASSERMAN and MICHAEL HOOPER acknowledge that they have read or had ample opportunity to read the foregoing Agreed Judgment. 2. RESALES BUY OWNER.COM, INC., a Florida Corporation, d/b/a RESALES BY OWNER.NET, RESALES BY OWNER.COM, THE TIMESHARE-PROS.NET, JACK WASSERMAN and MICHAEL HOOPER admit the jurisdiction of the Court and consent to the entry of this Agreed Judgment. Page 14of18

15 3. RESALES BUY OWNER.COM, INC., a Florida Corporation, d/b/a RESALES BY OWNER.NET, RESALES BY OWNER.COM, THE TIMESHARE-PROS.NET, JACK WASSERMAN and MICHAEL HOOPER state that no promise of any kind or nature whatsoever (other than the written terms of this Consent Judgment) was made to them to induce them to enter into this Agreed Judgment, that they have entered into this Consent Judgment voluntarily, and that this Agreed Judgment constitutes the entire agreement between the parties. 4. JACK WASSERMAN and MICHAEL HOOPER represent that they are the sole shareholders, directors or owners of RESALES BUY OWNER.COM, INC., a Florida Corporation, d/b/a RESALES BY OWNER.NET, RESALES BY OWNER.COM and THE TIMESHARE-PROS.NET, and that, as such, have been authorized to enter into this Agreed Judgment for and on behalf of all entities bound by this Consent. 5. Forbearance: So long as this Agreement and Consent Judgment is not breached by the Defendants, as provided herein, Office Of The Attorney General, and the consumers it represents, agrees, to forbear from pursuing any litigation or proceeding, or the attempt to collect or enforce any refund or claim of any customer of RBO, or exercise any other remedies available to it, or pursue any claim for ofliability, either administratively or otherwise as against JACK WASSERMAN and MICHAEL HOOPER, or RESALES BUY OWNER.COM, INC or participate in proceedings in any court or administrative hearing with regard to each. (this forbearance excludes and does not apply the acquisition of the funds RBO assigned funds in RBO portfolio held by Group ISO Reserve Account, or the $10, payment by Defendants JACK WASSERMAN and MICHAEL HOOPER, or injunctive provisions of this Agreement). 6. Upon the execution of this agreement and order of Court thereon, Dawn Harrington, individually, Office Of The Attorney General will execute a Stipulation for Dismissal as to Defendant, Dawn Harrington, without prejudice regarding the cause of action asserted against her herein, and as such this Agreed Judgment is not entered against Defendant, Dawn Harrington. AGREED TO BY: DEFENDANTS: l. J WASSERMAN, individually and as Director ofre~les BUY OWNER.COM,, a Florida corporation, daj/a TIMBSIIA..'Ul B~, WHAT WORKS MEDIA, RSBO MARKETING and TIME SHARE PROS. Date: o;;;, t lo Jt I r I Page 15of18

16 ~ MICH oper:individually and as Director of RESALES BUY OWNER.COM, INC, a Florida corporation, dfbla TI1\4BSHARB r- BY~tE~.':')IA T WORKS MEDIA, RSBO MARKETING and TIME SHARE PROS. ~ Date: Z -1\.o- I\ PLAINTIFF: ice ey eneral, and all behalf f any conswner/customer of Resales Buy Owner.Com, Inc, et al.. Date: 2 /27 /!I I 7 ' I Page 16of18

17 IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR VOLUSIA COUNTY, FLORIDA OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA, CASE N0.: CICI Plaintiff, v. RESALES BUY OWNER.COM, INC., a Florida Corporation; JACK WASSERMAN and MICHAEL HOOPER, individually, as owners, officers and/or directors of RESALES BUY OWNER.COM, INC., and DAWN HARRINGTON, Individually, Defendants. AGREED ORDER FOR ENTRY OF AGREED JUDGMENT, INJUNCTION AND OTHER RELIEF AGAINST RESALES BUY OWNER.COM, INC. et al, AND RESERVATION OF JURISDICTION THIS CAUSE came before the Court upon the foregoing executed Agreement of the parties dated (date of same referenced by last signature) and the Court, having reviewed the foregoing Agreement For Entry of Agreed Judgment Injunction And Other Relief Against Resales Buy Owner.Com, Inc, et al, and agreement of respective counsel for the parties to the entry of this Order, and being otherwise advised in the premises, does thereupon, ORDER AND ADJUDGE that: 1. The foregoing Agreement For Entry Of Agreed Judgment, Injunction And Other Relief Against Resales Buy Owner.Com, Inc. et al., and Reservation Of Jurisdiction be, and the same is hereby ratified and approved by this Court, and the parties are hereby directed to comply with the terms and conditions thereof. Page 17of18

18 2. This Court retains jurisdiction to enforce the terms and conditions of the Agreement and Order of this Court. 3. This Court also specifically retains jurisdiction to enforce the terms and condition of the Agreement regarding the transfer of the assigned RBO Group ISO Reserve Account to the Office of the Attorney General, and regarding the accounting and the transfer of the assigned RBO funds held by Trisource Merchant Account, assigned to Ronald I. Strauss, Esq., P.A, and in the event of non-payment by the reserve accounts holders pursuant to demand, and/or failure to provide an accounting thereof, then Office of the Attorney General, assignee and, to RBO and/or its attorney/assignee Ronald I. Strauss, Esq., P.A, each may institute, upon leave of Court, a third party complaint against the entities holding the RBO reserve funds to enforce the terms and provisions of the assignment or the transfer of the RBO funds pursuant to the terms hereof. DONE AND ORDERED this day of February CIRCUIT COURT JUDGE Copies furnished to: Gregory Jackson, Esq. (Attorney for Office of Attorney General) Ronald I. Strauss, Esq. (Attorney for Resales Buy Owner.Com, Inc., Jack Wasserman and Michael Hooper) Michael C. Barnette, Esq. (Attorney for Dawn Harrington) Page 18of18