8
the payment of interest, if
the payments are timely made; (2) a payment from Hartford
Fire Insurance Company of $245,000.00; (3) payment to Hartford by Mark Andrew
Gomez of $15,000.00, as ordered by this Court as a condition of probation and (4) a
dismissal with prejudice in the Civil Action of Jamie Robertson, Bret Robertson, Leigh
Ann Ware, and Derwin Ware conditioned upon the release of the Estate, the guardians
of the Estate, together with all persons, parties and entities involved in attempts to
recover the assets of the Estate
accomplished by a dismissal with prejudice of all claims
and a full release and discharge from Mark Andrew Gomez, Jamie Robertson, Leigh
Ann Ware and Derwin Ware.
Mark Andrew Gomez has obtained legal advice in connection with the
indebtedness created by the terms of this Order and acknowledges, consents and agrees
that the nature of the indebtedness created and imposed upon him by this Order is of
the character and nature that the indebtedness cannot be discharged in bankruptcy
proceedings.
Conclusions of Law
The loss to the Estate, including pre-judgment interest is $265,000.00.
Based upon the risks associated with the claims of the Estate, the burdens of
proof and presumptions of correctness which attach to the previous rulings and
allowed returns by the Probate Court and other issues in dispute, as well as the risks
and costs associated with the continuing litigation of these proceedings, the settlement
agreement by Estate of Gary Wayne Thompson entered on its behalf by Rhonda
