Document 398-3
Filed 05/17/2006
Page 1 of 1
RELEASE OF CLAIMS FOR
Re:
Camille Melonakis-Kurz et al v. Heartland Home Finance, Inc. U.S. District of Colorado, Court File No.: 03-cv-02485 MSK-PAC
I understand that by cashing the settlement check containing the payment identified in Paragraph 1 below, I agree to the following: 1. Having been fully informed about the strengths and weaknesses of my claims in the above referenced action by my legal counsel, Nichols Kaster and Anderson, I wish to participate in the settlement, and wish to receive payment in the amount of________ (applicable attorneys' fees and costs have already been deducted). 2. I acknowledge that I have opted into this the action and that this settlement is a fair settlement of all my disputed claim(s) against Heartland Home Finance, Inc., including any claims that I also may have asserted in the lawsuit captioned Desiree Scott et al. v. Heartland Home Finance, Inc., U.S District Court, Northern District of Georgia, Atlanta Division, Civil Action No. 1:05-cv-2812. 3. In exchange for payment in accordance with this settlement and by cashing my settlement check, I hereby waive and release Heartland Home Finance, Inc. from all claims, demands, rights, liabilities and causes of action of every nature and description whatsoever, known or unknown, whether or not concealed or hidden, asserted or that might have been asserted, by me relating to all Fair Labor Standards Act compensation claims and any related claims under state law (or any associated claims for penalties, cost, fees or other remedies) under any statutory or common law theories, including without limitation any claims for breach of contract, negligence, gross negligence, breach of duty of care and/or breach of duty of loyalty, fraud, breach of fiduciary duty, conversion or any claims for violations of any state or federal statutes, rules or regulations, including but not limited to the Fair Labor Standards Act, as amended; the Equal Pay Act, as amended; the Employee Retirement Income Security Act of 1974, as amended; and state law wage and hour statutes. Specifically, in exchange for payment under the terms of the settlement of this suit, I agree to be bound by the judgment in this case and the release set forth in complete detail in the settlement agreement on file with my counsel, and available to me prior to signing this Release. By entering this release, I recognize that I am waiving claims of which I may not be aware. 4. I agree that the fact and terms of this Settlement and Release are confidential and that I may disclose details of this Settlement to my spouse, attorney, tax professional, and financial advisor only if my spouse, attorney, tax professional and/or financial advisor agree to be bound by this confidentiality agreement as a condition of disclosure. I further understand that I may disclose details of this Settlement under Court order or subpoena. 5. I expressly understand, as is stated in the opening paragraph, that by cashing the settlement check containing the payment identified in Paragraph 1, I am agreeing to the terms of this release, regardless of whether I sign and return this release. ____________ Date
Mail or fax to:
________________________________________________ Signature (NAME AUTO PRINTED HERE)
Nichols Kaster & Anderson, PLLP, Attn. Michele R. Fisher 4600 IDS Center, 80 South Eighth Street, Minneapolis, MN 55402 Toll Free Telephone (877) 448-0492 Facsimile (612) 215-6870
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