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Filing # 123601374 E-Filed 03/23/2021 01:55:22 PM
IN THE CIRCUIT COURT OF THE 171!
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. CACE 20-016587
SUTTONPARK CAPITAL, LLC, a
Delaware limited liability company,
Plaintiff,
vs.
UNITED STATES LIFE INSURANCE
COMPANY IN THE CITY OF NEW YORK,
a New York corporation, AMERICAN HOME
ASSURANCE COMPANY, a New York
Corporation, and RYMELL LYNN,
Defendants.
/
TIFF, SUTTONPARK CAPITAL LLC’S, FIRST RE
TO DEFENDANT, RYMELL LYNN
FOR ADMISSIONS
Plaintiff, SUTTONPARK CAPITAL LLC (“Plaintiff” or “SuttonPark”), by and through
its undersigned counsel and pursuant to Fla.R.Civ. 1.370, requests Defendant, RY MELL LYNN
(“Lynn”), admit the truth of the following statements:
1. Admit that attached hereto as Exhibit “A” is a true and genuine copy of a document
titled “Funding Instructions and Acknowledgement from Structured Settlement Annuitant” (the
“Acknowledgement”), dated September 8, 2014.
2. Admit that Lynn signed the Acknowledgment.
3. Admit that Lynn signed the Acknowledgment before a witness.
4. Admit that Lynn signed the Acknowledgment voluntarily.
5. Admit that Lynn read the Acknowledgment before signing it.
6. Admit that Lynn understood the Acknowledgment before signing it.
58615/0006-40414521v1
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/23/2021 01:55:21 PM.****7. Admit that Lynn signed the Acknowledgment intending to be bound by its terms.
COLE SCHOTZ P.C.
Attorneys for Plaintiff, SuttonPark Capital,
LLC
By: __/s/ Scott J. Topolski
Scott J. Topolski
Florida Bar No. 0006394
2255 Glades Road, Suite 142W
Boca Raton, Florida 33431
Telephone: 561 609-3856
Facsimile: 561 423-0392
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
by email by uploading same to the Florida e-filing portal to: Lelia M. M. Schleier, McDowell
Hetherington LLP, 2385 N.W. Executive Center Drive, Suite 400, Boca Raton, FL 33331,
Lia.Schleier@mhllp.com, Lisa.Nurse@mhllp.com and FLFiling@mhilp.com; and via
Regular U.S. Mail and email on Rymell Lynn, 468 Beach 45" Street, Far Rockaway, NY
11691, kareemj069@gmail.com, this 23" day of March, 2021.
/s/ Scott J. Topolski
Attorney
58615/0006-40414521v1FUNDING INSTRUCTIONS AND ACKNOWLEDGMENT
FROM STRUCTURED SETTLEMENT ANNUITANT
The undersigned hereby acknowledges and agrees for the benefit of Advance Funding LLC
(“Buyer”) or its assigns (“Assignee”), as follows:
1. Pursuant to the Purchase Agreement dated May 1, 2014 (the “Sale Agreement”). I agreed to
sell to Buyer or its assignee all of my right to receive Three (3) lump sum payments, payable as
follows: One (1) lump sum payment of $175,000.00 due on or about December 6, 2014, One (1)
lump sum payment of $250,000.00 due on or about December 6, 2019 and One (1) lump sum
payment of $410,325.00 due on or about December 6, 2024 (the "Receivable”) for a lump sum
payment of $400,000.00 (the “Purchase Price”).
2. L acknowledge that Buyer has assigned its rights under the Sale Agreement in the
Receivable to Assignee.
3 As of the date hereof, I have received $40,000.00 of the P:
as advances.
4. Thereby direct the Purchase Price to be paid as follows:
(a) $40,000.00 to Buyer in repayment of the advances mentioned in Paragraph 3 above: and
(b) $360,000.00 to Stone Street Capital, LLC, pursuant to the Settlement Agreement
between Buyer and Stone Street Capital, LLC.
5. Upon payment of the amounts set forth in Section 4 above, and in accordance with such
Section, | acknowledge that all amounts due me under the Sale Agreement shall have been paid in
full.
6. Subject to the payment of the amounts set forth in Section 4 in accordance with such
Section, I hereby sell, convey, transfer, assign and deliver to Assignee all of my right, title and
interest in and to the Receivable free and clear of all liens, encumbrances or other rights of third
parties. In so doing, | hereby remise, release, acquit. satisfy and forever discharge Buyer and its
assigns, of and from all manner of action(s), cause(s) of action, suits. debts, sums of money.
accounts, bills, covenants, contracts, controversies. agreements, promises, damages, judgments,
executions, claims and demands whatsoever, in law or in equity, which I ever had, now have, or
which any personal representative, successor, heir or assign of mine. hereafter can, shall or may
have, against Buyer for. upon or by reason of any matter, cause or thing whatsoever. from the
beginning of the world to the date hereof.
Date: September 8, 2014
Witness:
2
WAZ Lirwal! Gove —
ymell Lynn
Exhibit "A"
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Filing # 123601374 E-Filed 03/23/2021 01:55:22 PM IN THE CIRCUIT COURT OF THE 171! JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE 20-016587 SUTTONPARK CAPITAL, LLC, a Delaware limited liability company, Plaintiff, vs. UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK, a New York corporation, AMERICAN HOME ASSURANCE COMPANY, a New York Corporation, and RYMELL LYNN, Defendants. / TIFF, SUTTONPARK CAPITAL LLC’S, FIRST RE TO DEFENDANT, RYMELL LYNN FOR ADMISSIONS Plaintiff, SUTTONPARK CAPITAL LLC (“Plaintiff” or “SuttonPark”), by and through its undersigned counsel and pursuant to Fla.R.Civ. 1.370, requests Defendant, RY MELL LYNN (“Lynn”), admit the truth of the following statements: 1. Admit that attached hereto as Exhibit “A” is a true and genuine copy of a document titled “Funding Instructions and Acknowledgement from Structured Settlement Annuitant” (the “Acknowledgement”), dated September 8, 2014. 2. Admit that Lynn signed the Acknowledgment. 3. Admit that Lynn signed the Acknowledgment before a witness. 4. Admit that Lynn signed the Acknowledgment voluntarily. 5. Admit that Lynn read the Acknowledgment before signing it. 6. Admit that Lynn understood the Acknowledgment before signing it. 58615/0006-40414521v1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/23/2021 01:55:21 PM.****7. Admit that Lynn signed the Acknowledgment intending to be bound by its terms. COLE SCHOTZ P.C. Attorneys for Plaintiff, SuttonPark Capital, LLC By: __/s/ Scott J. Topolski Scott J. Topolski Florida Bar No. 0006394 2255 Glades Road, Suite 142W Boca Raton, Florida 33431 Telephone: 561 609-3856 Facsimile: 561 423-0392 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by email by uploading same to the Florida e-filing portal to: Lelia M. M. Schleier, McDowell Hetherington LLP, 2385 N.W. Executive Center Drive, Suite 400, Boca Raton, FL 33331, Lia.Schleier@mhllp.com, Lisa.Nurse@mhllp.com and FLFiling@mhilp.com; and via Regular U.S. Mail and email on Rymell Lynn, 468 Beach 45" Street, Far Rockaway, NY 11691, kareemj069@gmail.com, this 23" day of March, 2021. /s/ Scott J. Topolski Attorney 58615/0006-40414521v1FUNDING INSTRUCTIONS AND ACKNOWLEDGMENT FROM STRUCTURED SETTLEMENT ANNUITANT The undersigned hereby acknowledges and agrees for the benefit of Advance Funding LLC (“Buyer”) or its assigns (“Assignee”), as follows: 1. Pursuant to the Purchase Agreement dated May 1, 2014 (the “Sale Agreement”). I agreed to sell to Buyer or its assignee all of my right to receive Three (3) lump sum payments, payable as follows: One (1) lump sum payment of $175,000.00 due on or about December 6, 2014, One (1) lump sum payment of $250,000.00 due on or about December 6, 2019 and One (1) lump sum payment of $410,325.00 due on or about December 6, 2024 (the "Receivable”) for a lump sum payment of $400,000.00 (the “Purchase Price”). 2. L acknowledge that Buyer has assigned its rights under the Sale Agreement in the Receivable to Assignee. 3 As of the date hereof, I have received $40,000.00 of the P: as advances. 4. Thereby direct the Purchase Price to be paid as follows: (a) $40,000.00 to Buyer in repayment of the advances mentioned in Paragraph 3 above: and (b) $360,000.00 to Stone Street Capital, LLC, pursuant to the Settlement Agreement between Buyer and Stone Street Capital, LLC. 5. Upon payment of the amounts set forth in Section 4 above, and in accordance with such Section, | acknowledge that all amounts due me under the Sale Agreement shall have been paid in full. 6. Subject to the payment of the amounts set forth in Section 4 in accordance with such Section, I hereby sell, convey, transfer, assign and deliver to Assignee all of my right, title and interest in and to the Receivable free and clear of all liens, encumbrances or other rights of third parties. In so doing, | hereby remise, release, acquit. satisfy and forever discharge Buyer and its assigns, of and from all manner of action(s), cause(s) of action, suits. debts, sums of money. accounts, bills, covenants, contracts, controversies. agreements, promises, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which I ever had, now have, or which any personal representative, successor, heir or assign of mine. hereafter can, shall or may have, against Buyer for. upon or by reason of any matter, cause or thing whatsoever. from the beginning of the world to the date hereof. Date: September 8, 2014 Witness: 2 WAZ Lirwal! Gove — ymell Lynn Exhibit "A"