HomeMy WebLinkAboutJ.C. Ripberger SettlementTO:
FROM:
RE:
Diana,
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Diana L. Cordray, IAMC, Clerk- Treasure
Douglas C. Haney, City Atto
(ZKawAE BassWiy Documents \CLERK-TREASURER.ORCial Accords\luntinglon RELEASEdtt:7/13R003)
MEMORANDUM
City of Carmel v. Huntington N. Bank Railroadmens Savings Loan and
J.C. Ripberger, Hamilton County Superior Court Cause No. 29D03- 0210 -CT -766
DATE: July 22, 2003
Attached for the City's official records is the ORIGINAL Release in the above referenced lawsuit, as
approved by the Board of Public Works and Safety on June 4, 2003. Please let me know if you have any
questions.
RELEASE
APPROVED, AS TO
FORM BY:
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for the sole consideration
of the sum of Two Thousand Five Hundred Dollars ($2,500.00), paid to the undersigned, the receipt
of which is hereby acknowledged, hereby forever releases and discharges J.C. Ripberger, and his
insurer, Amerisure Insurance Companies, their employees, officers, directors, heirs, executors,
administrators, agents and assigns, and all other persons, firms, or corporations liable, or who might
be liable, none of whom admit any liability to the undersigned, but all dispute any liability to the
undersigned, of and from any and all manner of actions, causes of action, suits, accounts, contracts,
debts, claims, damages, and demands whatsoever, at law or in equity, and however arising, including
particularly, but not exclusively, all matters:
1. That were asserted or could have been asserted, by the undersigned in that certain action
heretofore pending in the Superior Court, County of Hamilton, State of Indiana, entitled, "City of
Carmel v. Huntington National Bank, Railroadmens Savings Loan and J.C. Ripberger, under
Cause No. 29D03- 0210 -CT -766; and
2. That arise out of a certain incident, transaction or occurrence, namely damages which
occurred on October 11, 2000 in Hamilton County, State of Indiana as described in the Complaint
for Damages.
It is understood and agreed that the payment of said amount is not to be construed as an
admission of liability, but that said payment is made and accepted in full accord and satisfaction of,
and in compromise of, a disputed claim, and for the purpose of terminating dispute and litigation
between the parties.
The undersigned fully understands and agrees that any outstanding medical expenses, liens
and subrogation interests of any nature or type relating to any company are to be paid from the
aforesaid sum, if not previously satisfied. Additionally, in the event any person, company, or entity
makes claim for any lien, or subrogation interest as a result of any damages to the undersigned, J.C.
Ripberger, it shall be the sole responsibility of the undersigned.
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It is further understood and agreed that this Release extends to all claims of every nature and
kind whatsoever, known or unknown, suspected or unsuspected, and that the undersigned is
executing this Release upon the advice and with the consent of her own counsel, and on no
representations of the parties released or their counsel. k
WITNESS my hand and seal this 71 of li y, 2003.
APPROVED IN FORM AND SUBSTANCE:
OSBO ER LI HER, P.CC..
By: l�
obert S. •'Dell
onda Veen /937545
Attorneys for Plaintiff
OSBORN HINER LISHER, P.C.
8500 Keystone Crossing, Suite 480
Indianapolis, IN 46240
CIT OF CARMEL
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Approved and adopted this 4 tin day of X1� 2003.
CARMEL BOARD OF PUBLIC WORKS AND SAFETY
Jam? Brainard, Presiding Officer
Da e:
Mary Ann Burke, Member
Date:
ATTEST:
Lori S. W. so' �YIe ber
Date o3
ana L. Cordray, I C, Cl Treasurer
Date:
stadia M. JobBs°
cl tar ar
RELEASE
APPROVED, AS 30
FORM BY:_
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for the sole consideration
of the sum of Two Thousand Five Hundred Dollars ($2,500.00), paid to the undersigned, the receipt
of which is hereby acknowledged, hereby forever releases and discharges J.C. Ripberger, and his
insurer, Amerisure Insurance Companies, their employees, officers, directors, heirs, executors,
administrators, agents and assigns, and all other persons, firms, or corporations liable, or who might
be liable, none of whom admit any liability to the undersigned, but all dispute any liability to the
undersigned, of and from any and all manner of actions, causes of action, suits, accounts, contracts,
debts, claims, damages, and demands whatsoever, at law or in equity, and however arising, including
particularly, but not exclusively, all matters:
1. That were asserted or could have been asserted, by the undersigned in that certain action
heretofore pending in the Superior Court, County of Hamilton, State of Indiana, entitled, "City of
Carmel v. Huntington National Bank, Railroadmens Savings Loan and J.C. Ripberger, under
Cause No. 29D03- 0210 -CT -766; and
2. That arise out of a certain incident, transaction or occurrence, namely: damages which
occurred on October 11, 2000 in Hamilton County, State of Indiana as described in the Complaint
for Damages.
It is understood and agreed that the payment of said amount is not to be construed as an
admission of liability, but that said payment is made and accepted in full accord and satisfaction of,
and in compromise of, a disputed claim, and for the purpose of terminating dispute and litigation
between the parties.
The undersigned fully understands and agrees that any outstanding medical expenses, liens
and subrogation interests of any nature or type relating to any company are to be paid from the
aforesaid sum, if not previously satisfied. Additionally, in the event any person, company, or entity
makes claim for any lien, or subrogation interest as a result of any damages to the undersigned, J.C.
Ripberger, it shall be the sole responsibility of the undersigned.
111111111111 i
It is further understood and agreed that this Release extends to all claims of every nature and
kind whatsoever, known or unknown, suspected or unsuspected, and that the undersigned is
executing this Release upon the advice and with the consent of her own counsel, and on no
representations of the parties released or their counsel.
J uN Q
WITNESS my hand and seal this C d ay of May, 2003.
CITY OF CARMEL
By:
APPROVED IN FORM AND SUBSTANCE:
OSBORN HINER LISHER, P.C.
By:
Robert S. O'Dell
Rhonda Veen
Attorneys for Plaintiff
OSBORN HINER LISHER, P.C.
8500 Keystone Crossing, Suite 480
Indianapolis, IN 46240
Approved and adopted this 411 da y of 2003.
CARMEL BOARD OF PUBLIC WORKS AND SAFETY
By:
Jam
2
Da e:
Brainar Pre *ding Officer
Mary Ann Burke, Member
Date:
r
on S. so
Date e ber
!0 be
ATTEST:
iana L. Cordray, IAMC, Cl: Treasurer
Date: f p
Sandra M. Johnson,
Deputy Clerk for