) ) ) THESE MATTERS are before the court based on the parties announcing to the court that

Similar documents
This document has been electronically entered in the records of the United States Bankruptcy Court for the Southern District of Ohio.

SECURED CONVERTIBLE PROMISSORY NOTE SERIES A FINANCING

CLS HOLDINGS USA, INC. (Exact name of registrant as specified in its charter)

EARTH FARE, INC. S MOTION TO ALTER OR AMEND A JUDGMENT

OCBC 5.6% Subordinated Notes due 2019 Callable with Step-up in 2014:

FILED: NEW YORK COUNTY CLERK 02/17/ :37 PM INDEX NO /2016 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/17/2017

IN THE COMMON PLEAS COURT OF FAIRFIELD COUNTY, OHIO. Plaintiff, : Case No. 11 CV 233. v. : Judge Berens

AGREEMENT FOR PHYSICIAN SERVICES RECITALS. B. The District owns and operates Hospital in, Washington (the "Hospital");

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P

IN THE COURT OF COMMON PLEAS FIFTEENTH NDICIAL CIRCUIT CASE NO: 2011-CP-2b-126b

COURT OF COMMON PLEAS DIVISION OF DOMESTIC RELATIONS CUYAHOGA COUNTY, OHIO : CASE NO. DR PLAINTIFF :

INDENTURE OF TRUST. by and between HIGHER EDUCATION LOAN AUTHORITY OF THE STATE OF MISSOURI. and. WELLS FARGO BANK, NATIONAL ASSOCIATION as Trustee

In the United States Court of Federal Claims

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MINNEAPOLIS, MINNESOTA:

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA -CIVIL DIVISION-

COURT OF COMMON PLEAS DIVISION OF DOMESTIC RELATIONS CUYAHOGA COUNTY, OHIO : JUDGMENT ENTRY OF DEFENDANT : LEGAL SEPARATION

Business Guaranty Agreement

This matter came before the Court upon Plaintiff s Motion for Default Judgment against

4:18-cv RBH Date Filed 05/24/18 Entry Number 1 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION

GRANT AGREEMENT WITNESSETH:

SECURITIES AND EXCHANGE COMMISSION. Washington, D.C FORM 8-K CURRENT REPORT. Pursuant to Section 13 or 15(d) of the

BY LAWS OF THE STAFFORD CONDOMINIUM ASSOCIATION, INC. ARTICLE 1 PRINCIPAL OFFICE AND REGISTERED AGENT

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

2:17-cv DCN Date Filed 09/10/17 Entry Number 1 Page 1 of 9

MEMBERSHIP AGREEMENT. - and - - and - - and. NORTHERN SUNRISE COUNTY (hereinafter referred to as "NSC") - and

SETTLEMENT AND RELEASE AGREEMENT. THIS SETTLEMENT AND RELEASE AGREEMENT ( Agreement ) is

2015 REVISED BYLAWS HARBOR RIDGE HOMEOWNER S ASSOCIATION, INC PO Box 101 Rutherford College, NC 28671

STATE OF SOUTH CAROLINA COUNTY OF CALHOUN IN THE COURT OF COMMON PLEAS ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

COURT OF COMMON PLEAS DIVISION OF DOMESTIC RELATIONS CUYAHOGA COUNTY, OHIO

ORDINANCE NO

) Plaintiff, ) ) ) ) ) ) ) ) ) ) )

NO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 4 December Appeal by defendants from Amended Judgment entered 8 March

2:16-cv PMD Date Filed 06/23/16 Entry Number 1 Page 1 of 11 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION ) ) ) ) ) ) ) ) ) CLASS ACTION NOTICE OF SETTLEMENT OF CLASS ACTION

GUARANTEED DEPOSIT ACCOUNT CONTRACT

.., IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA BELMONT FINANCIAL SERVICES GROUP, INC., CIVIL DIVISION. Plaintiff NO.

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) FOURTEENTH JUDICIAL CIRCUIT COUNTY OF HAMPTON ) CASE NO.: 2019-CP-25-

Filing # E-Filed 04/10/ :26:28 AM

Golden v Ameritube, LLC 2010 NY Slip Op 30461(U) March 3, 2010 Supreme Court, New York County Docket Number: /09 Judge: Judith J.

Optional Paragraphs for inclusion in the Settlement Agreement 1. MULTIPLE CHARGING PARTIES

BYLAWS OF PRAIRIE TRAIL PROPERTY, INC. ARTICLE I NAME AND LOCATION ARTICLE II DEFINITIONS

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON

FILED: NEW YORK COUNTY CLERK 04/14/ :57 PM INDEX NO /2011 NYSCEF DOC. NO. 210 RECEIVED NYSCEF: 04/14/2017

SETTLEMENT AGREEMENT AND RELEASE. This settlement agreement was executed by and between Plaintiffs Amelia Thompson

C. The parties hereto understand and agree that the Closing Date will occur on or about August 11, 2017, or such other mutually agreeable date.

WHEREAS, the City, DKEA, and Red Rock desire to reduce the agreement to writing.

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

STATE OF MICHIGAN COURT OF APPEALS

Filing # E-Filed 09/22/ :42:05 PM

thejasminebrand.com thejasminebrand.com

IN THE SUPERIOR COURT OF MUSCOGEE COUNTY STATE OF GEORGIA. Civil Action No. SU- - CV- Garnishment Court Information: Clerk of Superior Court

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN

IN THE CIRCUIT COURT OF MARENGO COUNTY, ALABAMA NOTICE OF CLASS ACTION AND SETTLEMENT

CREDIT FACILITY AGREEMENT. Made and entered into by and between:-

STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS TENTH JUDICIAL CIRCUIT COUNTY OF OCONEE C.A. NO.: 2017-CP-10- Jane Doe, Plaintiff,

IN THE SUPERIOR COURT OF FLOYD COUNTY STATE OF GEORGIA

Judgment on writ of garnishment, claim of exemption and order to pay.

FINAL ORDER AUTHORIZING USE OF CASH COLLATERAL GRANTING ADEQUATE PROTECTION AND SECURITY INTERESTS IN POST-PETITION PROPERTY

Department of Finance Post Office Box 1272, Room and Administration Phone: (501) REVENUE LEGAL COUNSEL.

FILED: NEW YORK COUNTY CLERK 09/13/ :43 PM INDEX NO /2015 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 09/13/2016. Exhibit 1

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF WAYNE ) DECISION AND JOURNAL ENTRY

INDENTURE OF TRUST. by and among NORTHSTAR STUDENT LOAN TRUST I, U.S. BANK NATIONAL ASSOCIATION, as Trustee. and

IN THE SUPREME COURT TERRITORY OF GUAM. CITIZENS SECURITY BANK (GUAM), INC., Appellee, vs. ESTER R. BIDAURE, Appellant.

BYLAWS OF THE WYOMING STATE BAR

FIRST SUPPLEMENTAL TRUST AGREEMENT PROVIDING FOR THE ISSUANCE OF MASSACHUSETTS BAY TRANSPORTATION AUTHORITY ASSESSMENT BONDS 2000 SERIES A

Third District Court of Appeal State of Florida

SAN JUAN COUNTY PUBLIC HOSPITAL DISTRICT NO. 2 SAN JUAN COUNTY, WASHINGTON TAX ANTICIPATION NOTE, RESOLUTION NO

2:14-cv DCN Date Filed 10/23/14 Entry Number 1 Page 1 of 10

TS Staffing Servs., Inc. v Porter Capital Corp NY Slip Op 31613(U) August 24, 2016 Supreme Court, New York County Docket Number: /2014

Praecipe for Notice of Intent to Attach Wages

IN THE SUPERIOR COURT OF MUSCOGEE COUNTY STATE OF GEORGIA. Civil Action No. SU- - CV- Garnishment Court Information: Clerk of Superior Court

FILED: KINGS COUNTY CLERK 06/01/ :49 PM INDEX NO /2017 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/01/2017

BYLAWS OF WOODBRIDGE PARK PROPERTY OWNERS ASSOCIATION, INC., A NORTH CAROLINA NON-PROFIT CORPORATION

IN THE SUPREME COURT OF FLORIDA

Third District Court of Appeal State of Florida

Plaintiff, Defendant. for Denbury Resources, Inc. ("Denbury" or "Defendant") shares pursuant to the merger of

AOR DIRECT L.L.C., an Arizona limited liability company, Petitioner,

AFFIDAVIT, ORDER AND NOTICE OF GARNISHMENT AND ANSWER OF GARNISHEE (PERSONAL EARNINGS) LOGAN, OHIO 105 West Hunter Street NOTARY PUBLIC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION

em" oj,!ricfurumd em g/iwt..6day tire 29t1i day oj,.no.vemfwt, 2018.

IN THE SUPREME COURT OF THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS IN RE SMALL CLAIMS FORMS SUPREME COURT NO.

INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE FRONT RANGE FIRE CONSORTIUM

Plaintiff, Defendant.

LOAN AGREEMENT RECITALS

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil Case No.: 18-cv (WMW/SER)

TRUST INDENTURE. among NORTHSTAR STUDENT LOAN TRUST II, U.S. BANK NATIONAL ASSOCIATION as Trustee, and

II. Municipal Courts A. General Rule for Distribution of Revenue 1. Municipal Judges' criminal fines, penalties, or forfeitures, Section

STATE OF SOUTH CAROLINA ) ) IN THE COURT OF COMMON PLEAS COUNTY OF CHARLESTON ) NINTH JUDICIAL CIRCUIT

NOTICE TO ALL COUNSEL

NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION

COLORADO C-PACE NEW ENERGY IMPROVEMENT DISTRICT PARTICIPATION AGREEMENT

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT

UNITED STATES DISTRICT COURT DISTRICT OF OREGON

Citrus Academy Bursary Agreement

Legislative history: 4 T.O.C. Chapter 3 - Garnishment Law, was enacted by Resolution No effective October 1, 2017.

Second Regular Session. Sixty-second General Assembly LLS NO Debbie Haskins HOUSE BILL STATE OF COLORADO.

Certiorari not Applied for. Released for Publication October 3, As Amended. COUNSEL

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D

Case 5:18-cv C Document 53 Filed 10/26/18 Page 1 of 79 PageID 669

Transcription:

STATE OF SOUTH CAROLINA COUNTY OF HORR Y Carolyn Montgomery, Plaintiff, vs. The Town of Atlantic Beach, Defendant. STATE OF SOUTH CAROLINA COUNTY OF HORRY Tyson Beach Group, LLC, Plaintiff, vs. The Town of Atlantic Beach, Defendant. IN THE COURT OF COMMON PLEAS FIFTEENTH JUDICIAL CIRCUIT CIVIL ACTION NO: 2008-CP-26-2109 CONSENT ORDER OF SETTLEMENT IN THE COURT OF COMMON PLEAS FIFTEENTH JUDICIAL CIRCUIT CIVIL ACTION NO: 2010-CP-26-11971R ", c:::> r- --:T'. C"'> ~ -*,". 3:,..., r- z 0,c.:, -.; A:Jf"F1 ~ ::r.:: -yo! A:I: (A OC: -.,e> 0 ~I ne:? :t:. oft!. 02: :x co C::(f Z "'- ("" -. ::0 --- ~' -i~ -<, ::0 c:n 0 ~ s: THESE MATTERS are before the court based on the parties announcing to the court that the above-referenced cases have been settled by a global agreement by and among the parties under the following terms and conditions: BACKGROUND I. On March 14, 2008, Plaintiff Carolyn Montgomery brought suit against the Town of Atlantic Beach in that matter entitled Carolyn Montgomery vs. Town of Atlantic Beach, civil action no: 2008-CP-26-2109, for breach of contract concerning that Employment Agreement between the parties whereby the Town hired Plaintiff to be its Town Manager. This matter was

tried by a bench trial before the Honorable Larry B. Hyman, Jr. on September 1-2, 2010. By Order dated September 15, 2010, Judge Hyman awarded Plaintiff the sum of $83,333.00 plus prejudgment interest in the amount of $38,695.62. On September 14, 2010, Plaintiff filed a Motion for Attorney's Fees pursuant to S.c. Code Ann. 15-77-300 in the amount of $24,852.51. Judge Hyman heard this motion on May 29, 2012. No ruling has been issued at this time. Post-judgment interest has continued to accrue on the amounts due. Payments totaling $56,753.89 have been made to the Plaintiff in partial satisfaction of the judgment. 2. On March 18, 2008, Plaintiff Tyson Beach Group, LLC filed suit against the Town of Atlantic Beach Tyson Beach Group, LLC vs. Town of Atlantic Beach, civil action no: 2010-CP-26-11971R, to collect on a Loan Agreement and Promissory Note dated January 30, 2002, executed by the Town in favor of Tyson Beach Group. Plaintiff advanced the Town $ i90,000 under these documents. The Note bears interest at ten (10% percent per annum. The Note further allows for the recovery of reasonable attorney's fees for Tyson Beach. One payment of $15,000 has been made on this note. SETTLEMENT TERMS._. L_.. Forthepurposes.of.settlernent.cthe parties agn~e_that.thefollowing.amounts.are. presently owed on these three ma~ers as of June 1, 2012, including post-judgment interest and attorney's fees where applicable: Montgomery v. Town of Atlantic Beach, 2008-CP-26-21 09, the sum of $105,79436 Tyson Beach Group, LLC v. Town of Atlantic Beach, 20IO-CP-26-11971R, the surn of $358,678.08. To facilitate the settlement of this matter, Tyson Beaeh 2

Group has agreed-to reduce the interest on the note by one-half. Therefore, the parties agree the total amount due to Tyson Beach Group is $266,839.04. Therefore, the total due from the Town of Atlantic Beach to the Plaintiffs for the purpose of settlement is the sum of $372,633.40. The accrual of all further interest and attorney's fees, from June 1,2012, except as set forth below, is suspended. 2. The Town of Atlantic Beach shall pay to the trust account of Thomas & Brittain, P.A., P.O. Box 1290, Myrtle Beach, SC 29578, as attorneys for the Plaintiffs, forty-eight (48 consecutive monthly payments of $7,763.20each in full and complete satisfaction of the abovereferenced claims. Payments shall begin on November" 15, 2012, and shall be made on the 15 th of each subsequent month, and if the is" falls on a weekend or legal holiday, then the next.. business day thereafter. All sums not paid on or before the date due, shall bear interest at the then prevailing judgment rate. Payments shall be applied pro rata to each matter and specifically 28.39%. of the sums paid shall be applied to the matter of Carolyn Montgomery v. Town of Atlantic Beach, 2010-CP-26-2I09 and 71.61% shall be applied to the matter of Tyson Beach Group, LLC v. Town of Atlantic Beach, 201 O-CP-26-11971 R. Thomas & Brittain shall be... _.. entitled..to.retain.one-third of all. sums.paid into. its rrust account. until.all outstanding.attorney's. _... " fees in these matters between Thomas & Brittain and the Plaintiffs shall pe paid in full. The Town shall expressly provide for the payment of these sums in its annual budgets for Fiscal Years Ending 2014,2015,2016 and 2017. To insure compliance with this provision, all annual budgets for FYE 2014, 2015, 2016, and 2017 shall be provided to Thomas & Brittain no later than the July 1 of the relevant fiscal year. In any budget shortfall, the sums required to be paid hereunder shall take priority over all other expenses and indebtedness of the Town except for 3

'. taxes and employment withholding, existing bonded indebtedness incurred prior to the filing of his order, budgeted payroll, and other priorities as specifically provided by statute. 3. This Court takes judicial notice of the various legal problems of the Town, and of the Town's checkered history in complying with Orders of this Court. This Court retains jurisdiction to enforce the terms of this Order and shall retain all such powers given to this Court by law to enforce the same. Should the Town be in default of its obligations herein, Plaintiffs shall move to invoke the contempt powers of this Court. Among other remedies, this Court shall have the authority to issue a mandatory injunction to require the Town to authorize the Horry County Treasurer's Office to make payments directly to Thomas & Brittain, P.A. as set forth in the preceding paragraph from those taxes collected by the Treasurer's Office on behalf of the.. Town prior to remitting the funds to the Town in amounts sufficient to satisfy the outstanding arrears. In any contempt proceedings, the Plaintiffs shall be entitled to reasonable attorneys fees incurred. 4. The Town may and is encouraged to pre-pay its obligations to the Plaintiff's hereunder. All prepayments made will be allocated as set forth in the paragraph 2 above. The parties-may- change.the, allocation.ofany.prepayment.if, the.change.in allocation.is, reduced- to.. _ writing and executed by each of the parties. 5. Should all payments during Fiscal Year Ending 2013 be timely made, then Plaintiffs shall dismiss each of the' above-referenced cases with prejudice and satisfy the judgments of record. The filing of the stipulations and satisfactions shall not affect the Town's further obligations under this Order. 4

AND IT IS SO ORDERED...\ 1 ~~/~::r-_/ Larry B. Hyman, Jr. Circuit Court Judge, Fifteenth Judicial Circuit Io-<2~ -. 2012 --'-----, Conway, South Carolina 5

CONSENT ORDER OF SETTLEMENT Carolyn Montgomery vs. The ToWn of Atlantic Beach Tyson Beach Group, LLC VS. The Town of Atlantic Beach Civil Action Nos: 2008-CP-26-2109 and 2010-CP-26-11971R CharI. Jordan, Jr. TH MAS & BRITTAIN, P.A. P.O. Box f290 Myrtle Beach, SC 29578 Attorney for Plaintiff 6

CONSENT ORDER OF SETTLEMENT Carolyn Montgomery vs. The Town of Atlantic Beach Tyson Beach Group, LLC vs. The Town of Atlantic Beach Civil Action Nos: 2008-CP-26-2I09 and 2010-CP-26-1197IR WE CONSENT: C~~~~ Calvin Blanton Town Manager Town of Atlantic Beach 717 so" Avenue S. Atlantic Beach, SC 29582 7