Housing And Civil Enforcement Cases Documents

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

UNITED STATES OF AMERICA

           PLAINTIFF

VS.

MISC. NO. 3:04MC5S

SILAS J. TUCKER

          DEFENDANT

MUTUAL SETTLEMENT AGREEMENT AND RELEASE

This Mutual Settlement Agreement("Agreement") and Release is entered into between the United States of America on behalf of the Department of Housing and Urban Development ("HUD"), on behalf of and by Angela M. MacMahon ("MacMahon") and Dennis O. Sessions ("Sessions"), Plaintiffs and Silas J. Tucker ("Tucker"), Defendant, as follows, to-wit:

1. Parties: The parties to this agreement are the United States of America on behalf of HUD, on behalf of Angela M. MacMahon and Dennis O. Sessions, and Angela M. MacMahon and Dennis O. Sessions, individually ,and the Defendant, Silas J. Tucker.

2. Scope of Agreement This document is executed to witness a full, final and complete settlement between HUD, on behalf of MacMahon and Sessions, MacMahon and Sessions, individually, and Tucker with respect to all matters relating to the judgment affirmed by the Fifth Circuit Court of Appeals styled "Martinez v. Tucker, No. 03-60888" on December 11, 2003 and subsequently registered in the U. S. District Court, Southern District of Mississippi styled "United States of America v. Silas J. Tucker, Misc. No. 3:04MC5S" on February 4, 2004.

3. Consideration HUD, on behalf of MacMahon and Sessions, and MacMahon and Sessions, individually hereby agree to accept the sum of $10,000.00 in complete, full and final settlement of any and all claims imposed against Tucker by the Administrative Law Judge in "The Secretary, United States Department of Housing and Urban Development, on behalf of Angela M. MacMahon and Dennis O. Sessions, HUDALJ No. 04-98-0332-8 and affirmed by the U. S. Court of Appeals for the Fifth Circuit in "Martinez v. Tucker, 03-60888". The sum of $10,000.00 is to be prorated accordingly with MacMahon receiving the sum of $7,500.00 and Sessions receiving the sum of $2,500.00. HUD further agrees to waive its civil penalty of $11,000.00 awarded in this matter.

4. Release: MacMahon and Sessions hereby forever waive, release and covenant not to sue HUD or Tucker and his heirs and executors with regard to any and all claims, damages and injuries of whatever nature whether presently known or unknown, arising out of or from this matter.

5. Place of Payment Payment of $7,500.00 shall be made by certified check or money order made payable to Angela M. MacMahon and mailed to the United States Attorney's Office, 188 E. Capitol St., Suite 500, Jackson, MS 39201. Payment of $2,500.00 shall be made by certified check or money order made payable to Dennis O. Sessions and mailed to the United States Attorney's Office, 188 E. Capitol St., Suite 500, Jackson, MS 39201. The United States Attorney's Office will forward the payments to MacMahon and Sessions at their respective addresses.

6. Authority Each signator warrants that such party has authority to sign this Agreement.

7. Entire Agreement and Voluntary Acceptance It is understood and agreed that this instrument contains the entire agreement between the parties hereto with regard to the matters set forth herein. All parties further declare that the terms of this agreement have been read, voluntarily accepted, understood by them or explained to them by their attorneys, and agreed to and approved by them or by their attorneys. It is understood that the provisions of this agreement are contractual and are not merely recitals.

8. Governing Law This Settlement Agreement shall be construed and interpreted in accordance with the laws of the State of Mississippi and the laws of the United States.

9. Satisfaction of Judgment: Upon receipt of the payments as referenced in Paragraph #5 above, the United States on behalf of HUD, on behalf of MacMahon and Sessions, hereby agrees to file a satisfaction of judgment in this cause and shall immediately cancel the lien of record filed on February 11, 2004 with the Chancery Clerk, Hinds County, Jackson, MS, Book 25, Page 60. Each party agrees to bear its own costs and attorney's fees.

EXECUTED this the ____ day of _________ , 2004.

UNITED STATES OF AMERICA on behalf of

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

BY: _____________________________________
PSHON BARRETT
Assistant U. S. Attorney
188 E. Capitol Street, Suite 500
Jackson, MS 39201
601-973-2842
MS Bar No. 2071

_____________________________________
DOUG WADE
Attorney for Defendant
405 Tombigbee Street
Jackson, MS 39201
601-354-8930

STATE OF ALABAMA

COUNTY OF ___________________

PERSONALLY APPEARED BEFORE ME, the undersigned authority in and for the jurisdiction aforesaid, the within named Angela M. MacMahon, who after being by me first duly sworn states on her oath that the matters, facts and things set forth in the above and foregoing Mutual Settlement Agreement are true and correct as therein stated.

_______________________________
ANGELA M. MACMAHON

SWORN TO AND SUBSCRIBED BEFORE ME, this the ______ day of _______________________, 2004.

________________________________
NOTARY PUBLIC

MY COMMISSION EXPIRES:

_____________________________

STATE OF LOUISIANA

PARISH OF _______________________

PERSONALLY APPEARED BEFORE ME, the undersigned authority in and for the jurisdiction aforesaid, the within named Dennis O. Sessions, who after being by me first duly sworn states on her oath that the matters, facts and things set forth in the above and foregoing Mutual Settlement Agreement are true and correct as therein stated.

_______________________________
DENNIS O. SESSIONS

SWORN TO AND SUBSCRIBED BEFORE ME, this the ______ day of _______________________, 2004.

________________________________
NOTARY PUBLIC

MY COMMISSION EXPIRES:

_____________________________

STATE OF MISSISSIPPI

COUNTY OF __________________________

PERSONALLY APPEARED BEFORE ME, the undersigned authority in and for the jurisdiction aforesaid, the within named Silas J. Tucker, who after being by me first duly sworn states on her oath that the matters, facts and things set forth in the above and foregoing Mutual Settlement Agreement are true and correct as therein stated.

_______________________________
SILAS J. TUCKER

SWORN TO AND SUBSCRIBED BEFORE ME, this the ______ day of _______________________, 2004.

________________________________ NOTARY PUBLIC

MY COMMISSION EXPIRES:

_____________________________


Document Filed: June 7, 2004. > >
Updated August 6, 2015

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