HomeMy WebLinkAbout001344 Original ContractLEGAL
DEPARTMENT
William E. Bloor
City Attomey
[4531]
Heidi L. Greenwood
Sr. Assistant City
Attomey
14s62l
Jeanie DeFrang
Legal Administrative
Assistant
[4s36]
Holly McKeen
Legal AdministratiYe
Assistant
[4530]
City of Port Angeles
Record #001344
OR
WASHINGTON, U.S.A
TO:Jennifer Veneklasen, City Clerk
FROM: Holly McKeen, Legal Administrative Assistant
DATE: November 22,2017
RE Properw - PAPD No .2017-16496 &20 16- 10850
Attached for filing please find the following original documents regarding
property seized and released by PAPD in each ofthe above-referenced cases:
. Agreement to Release Claim;. Ageement/Stipulated Terms & Conditions sigrred by Robert Fields;
and. Agreed Order of Dismissal.
Thank you for your assistance in this matter.
Sincerely,
Holly McKeen
Legal Administrative Assistant
Attachments
CITY OF GELES
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In the Matter of:
Sig 226R Tactical Pistol with Weapon Light
and Suppressor,
Defendant,
and
JOSHUA S. CIJRRY,
Claimant,
and the
PORT ANGELES POLICE DEPARTMENT,
Seizing AgencY.
PAPD CASE NO. 2016-108s0
ORDER OF DISMISSAL
COMES NOW, the above-refereneed parties, the Claimant having been represented by Stanley
B. Myers, Jr., and the Port Angeles Police Departrnent having been represetrted by sr. Assistant city
Attorney Heidi Greenwood, the parties having settled this matter.
NOW, THEREFORE, the forfeiture proceeding herein is DISMISSED with prejudice. Each
party is responsible for their own costs aDd attorney fees incurred in this mater' if any'
ja"J1j1y;, /'Saduyof
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le Hearing
I.AGREM ORDER OF DISMTSSAL
H:\DlsIRrcTwyFil6\Ftrfeitur€s\Curry, Joshus.20I6-I085o\order'dismiss.Cunv.l pd
PORT ANGELES CITY ATTORNEY
l2l E3$ Fifth SE€et / Po Box I 150
Pon Aqelcs, WA 9t362-0:ll7
PhoD!: 36G417-4576 Faxt 3604174529
wiliam Bloor, wsBA #,(}t4
Heidi GrEarvood, WSBA #3E017
BEFORE THE DESIGNATED HEARING
OFFICER IN AND FOR THE COUNTY OF
CLALLAM
Nov 2 c 2017
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Presented by:
Assistatrt
of PortCity
32t E. 5'i Street,Pofl Angeles, WA 98362
Attomey for Seizing Agency
and Notice of Presentation Waived:
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Port Angeles, WA 98362
PORT ANGEI..ES CITY ATMRNEY
321 E36t Fiit Stsret/ PO Bc ll50
Port tugpl.s, WA 9t3624217
Ptooc: 360-417-4576 F.xt 3fi417 4529
willism Bloor. WSBA #40t4
HcAi GrleoPoo4 wsBA #3to37
2.AGXTED ORDER OF DII;MISSAL
H:\DlsTRlgnMyFil€s\Fsfeiu&s\Cwry, Joch!.-20l6l0tsood...dismiss.Curry.c0d
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fate
332E.
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Presented by:
Assistant
ofPortCity
321 E. 5d'Street, Port Angeles, WA 98362
Attorney for Seizing AgencY
and Notice of Presentation Waived:
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Port Angeles, WA 98362
2-AGREED ORDER OT DISMISSAL
H:\DlsTRIcT[tlyFil€s\ForfciturEs\cury, Jo6bua.20l6- 10t50\ord€r.dismiss.Cury.wpd
il
PORT ANGELES CITY ATTORNEY
321 East Finh Strcet / PO Box I150
Port Angeles, WA 98362-02 I 7
Phoos l6{Ml7{576 raxt 3604174529
Wiliam Bloor, WSBA t40t4
Heidi Cre(Dwmd, WSBA #38037
AGREEMENT TO RELEASE CLAIM
I, Joshua Curry, for and in consideration ofthe retum of the weapon light and suppressor
that was attached to the Sig 226R tactical pistol seized by the Port Angeles Police Department on
or about June 3, 2016, and any personal property excluding any items ofcontraband, all of which
is being held by the Port Angeles Police Departrnent in connection with PAPD Case No. 2016-
10850, receipt of which I acknowledge by my signature on this release, do hereby acknowledge
the full and complete settlement of any claim or demand of any nature whatsoever that I, my
heirs, successors or assigns, have or could have against the City of Port Angeles, and/or the Port
Angeles Police Department, or any of their respective officers or employees, arising from or in
any way related to the Port Angeles Police Depanment's seizure ofthe Sig 226R tactical pistol
and any personal property.
It is my intention by signing this Agreement to acknowledge the satisfaction in full of any
and all injuries and damages of any nature whatsoever, to persons or property, which have
occurred as a result ofthe above described incident, whether fully developed or not. I understand
that this release includes and is intended to include any damages that could arise in the future as
a result of the described incident. Nevertheless, in consideration of the above-identified
consideration, and as my free and voluntary act, I am accepting the same as full and complete
satisfaction.
It is further understood that this settlement is the compromise of any claim and that the
Port Angeles Police Department's retum of property iS not to be construed as an admission of
liability on the part of the City of Port Angeles or the Port Angeles Police Departrnent, or any of
their respective officers or employees, each ofwhom expressly denies any liability arising out of
the described incident.
Executed at
fiouertbel
, Washinglon, this 7 day ofDrt
2017.
J
STATE OF WASHTNGTON
County of Clallam
On this day personally appeared before me, a Notary Public, duly commissioned and
swom, JOSHUA CURRY, to me known to be the individual described in and who executed the
within and foregoing agreement, and acknowledged to me that he signed the same as his fiee and
voluntary act and deed, for the uses and purposes therein stated.
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GTVEN ,"atttris?fua ay or(kthulap ( ,20t7.
for of Washington
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AGREEMENT
The parties to this Agreement are:
l. The Port Angeles Police Department, the Seizing Agency, represented by Heidi
Greenwood, Assistant City Attorney for the City of Port Angeles;
2. Joshua Curry, Claimant; and
3. Stanley B. Myers, Jr., Attomey for Claimant.
RECITALS
I.
There is presently pending before the Title 69 Hearing Officer, an action entitled In the
Matter of: S is 226R Tactical Pistol with Weaoon Lisht and Suooressor.and Joshua
Currv.ant. and the Port Anse Police Deoartment. Seizin q Asencv: Case No. 2016-
10850.
il.
It is the purpose of this Agreement to fully and finally resolve the action referenced in
section I above, between all parties to the Agreement.
III.
Specific documents and pleadings setting forth the terms in this Agreement will be
executed independently, for each individual action referenced herein, between the specific
parties to each individual action.
IV
The terms and conditions of the Agreement between all parties, recognizing that each
action is independent of the other actions, and further recognizing that the parties together, or
individually, are the only persons who are litigant parties in each action, are as set forth below.
STIPULATED TERMS AND CONDITIONS
Regarding In the Matter of:Sis 226R Tactical Pistol with W eaDon L ish andtI
S uDDressor. Defendanl and Joshua Curry . Claimant. and the Port Anseles Police
Deoartment. Seizins Asency: Case No. 20 I 6- I 0850:
(a) The Port Angeles Police Department shall, to the extent that it has not
already done so, retum to Joshua Curry (or his designee), Claimant, the weapon
light and suppressor attached to the Sig 226R tactical pistol and personal property
not subject to the following section l(b).
(b) The Claimant, Joshua Curry, relinquishes any and all claim of right and/or
ownership as to the Sig 226R tactical pistol and any items of personal property
constituting contraband that were identified on the evidence sheets maintained in
connection with PAPD Case No. 2016-10850, all of which were seized by the
Port Angeles Police Departrrent and are surrendered to the Port Angeles Police
Departrnent.
(c) The forfeiture action shall be dismissed with prejudice.
2. This instrument embodies the entire Agreement between the parties heroto with
respect to the transactions contemplated herein and there have been and are no
agreements, representations or warranties between the parties other than those set forth or
provided for herein.
3. In the event that legal action is instituted by any party hereto to enforce the terms
ofthis Agreement or arising out ofthe execution of this Agreemeng the prevailing party
shall be entitted to receive from the non-prevailing party or parties his court costs and
le attomey's fees to be determined by the court in which the action is brought.
Stanley Jr.,BA #37512 el G wsBA #38037
Attomey for Claimant Attorney for S elzlng Agency
Dated:Dated:rt
BEFORE THE DESIGNATED HEARING
OFFICER IN AND FOR THE COUNTY OF
CLALLAM
In the Matter of:
2004 Nissan Titan,
State of Washington License Plate #C46883F,
Defendant,
and
KENNETHHENNING,
Claimant,
and the
PORT ANGELES POLICE DEPARTMENT,
Seizing AgencY.
PAPD CASE NO .2016-16496
AGREED ORDER OF DISMISSAL
COMES NOW, the above-referenced parties, the Claimant having been represented by Karen
Unger, and the Port Angeles Police Departrnent having been represented by Sr. Assistant City
Attomey Heidi Greenwood, the parties having settled this matter.
NOW, THEREFORE, the forfeiture proceeding herein is DISMISSED with prejudice. Each
party is responsible for their own costs and attomey fees incurred in this matter, ifany.
DATED this .jo'!day of <k
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('2017.
on eron, Honorable H eanng cer
I-ACREED ORDER OF DISMISSAL
H:\DISTRICTU\,{yFiles\Forfeitures\Hennin& Kenneth.20l7-16496\Dismiss.Forfeiture.wpd
PORT ANGELES CITY ATTORNEY
321 East Finh Street / PO Box I150
Porl Angeles, wA 98362{2 I 7
Phone: 360-ll7-4576 Fax: 360417 4529
Williarn Bloor WSBA #48M
Heidi Greenwood, WSBA #3t037
e-*
Presented by:
r0 etlaft
wo 38037 Date
Sr. Assistant City
Attomey for Seizing AgencY
321 E. 5rh Street
Port Angeles, WA 98362
and Notice of Presentation Waived:
Atto
332
laimant
E.Street, Suite 100
Port Angeles, WA 98362
7-r
PORT ANGELES CITY ATTORNEY
32 I East Fifth Street / PO Box I I 50
Port Angeles, WA 98362{2 I 7
Phone: 3 60-4 I 7-45 76 F ax: 360417 4529
William Bloor WSBA#4804
Heidi Creenwood, WSBA #18037
2-AGREED ORDER OF DISMISS{
HIDISTRICT\ 4yFiles\Fodeitures\Ilennin& Kenneth.2017- 16496\Dismiss Forfeiture-wpd
AGRE EMENT
The parties to this Agreement are:
l. The Port Angeles Police Departnent, ths $eizing Agency, represented by Heidi
Greenwood, Sr. Assistant City Attomey for the City of Port Angeles;
2. Kenneth E. Henning, Clairnant; and
3. Karen Unger, Attomey for Claimant.
There is presently pending before the Title 69 Hearing officer, an action entitled In the
Matter o f: 2004 Nissan Ti State of W n License Plate #C46883F. Defendant and
Kenneth E. H ennine. Claimant. and the Port An seles Police Department, Se Asencv: Case
No.2017-16496.
II.
It is the purpose of this Agreement to fully and finally resolve the action referenced in
section I above, between all parties to the Agreement.
III.
Specifrc documents and pleadings setting forth the terms in this Agreement will be
executed independently, for each individual action referenced herein, between the specific
parties to each individual action.
IV.
The terms and conditions of the Agreement between all parties, recognizing that each
action is independent of the other actions, and further recogrrizing that the parties together, or
individually, are the only persons who are litigant parties in each action, are as set forth below.
RECITALS
I.
(a) The Port Angeles Police Department shall, to the extent that it has not
already done so, retum to Kenneth E. Henning (or his representative), Claimant,
said 2004 Nissan Titan bearing State of Washinglon License Plate # C46883F.
(b) The Claimant, Kenneth E. Henning, relinquishes any and all claim of right
and/or ownership as to any items ofpersonal property constituting contraband that
were identified on the evidence sheets maintained in connection with PAPD Case
No. 2017-16496, all of which were seized by the Port Angeles Police Department
and are surrendered to the Port Angeles Police Department.
(c) The forfeiture action shall be dismissed with prejudice.
2. This instrument embodies the entire Agreement between the parties hereto with
respect to the transactions contemplated herein and there have been and are no
agreements, representations or warranties between the parties other than those set forth or
provided for herein.
3. In the event that legal action is instituted by any party hereto to enforce the terms
of this Agreement or arising out of the execution of this Agreement, the prevailing party
shall be entitled to receive from the non-prevailing party or parties his court costs and
reasonable atto mey's fees to be determined by the court in which the action is brought.
NUN wsBA #11671 HEIDI ENW D, WSBA #38037
Attomey for mant Attomey for Seizing Agency
321 E. 5ft Street
Port Angeles, WA 98362
332 E. 5th S treet, S uite I 00
Port Angeles,
Dated:
A 983
Dated ft
STIPULATED TERMS AND CONDITIONS
1 . Regarding In the Matter of: 2004 Nissan Titan. State of Washineton License Plate
# C46883F. Defendant. and Kenneth E. Hennins. Claimant. and the Port Anseles Police
Deoartment. Seizins Asency: Case No. 2017-16496:
I, Kenneth E. Henning, for and in consideration of the retum of the Silver 2004 Nissan
Titan 4x4 pickup bearing Washington License Plate # C46883F that was seized by the Port
Angeles Police Department on or about August 12, 2017, and excluding any items ofcontraband,
all of which is being held by the Port Angeles Police Department in connection with PAPD Case
No. 2017-16496, receipt of which I acknowledge by my signature on this release, do hereby
acknowledge the full and complete settlement of any claim or demand of any nature whatsoever
that I, my heirs, successors or assigns, have or could have against the City of Port Angeles,
and/or the Port Angeles Police Department, or any of their respective officers or employees,
arising from or in any way related to the Port Angeles Police Department's seizure of my Silver
2004 Nissan Titan 4x4 pickup bearing Washington License Plate # C46883F-
It is my intention by signing this Agreement to acknowledge the satisfaction in full of any
and all injuries and damages of any nature whatsoever, to persons or property, which have
occurred as a result ofthe above described incident, whether fully developed or not. I understand
that this release includes and is intended to include any damages that could arise in the future as
a result of the described incident. Nevertheless, in consideration of the above-identified
consideration, and as my free and voluntary act, I am accepting the same as full and complete
satislaction.
It is further understood that this settlement is the compromise of any claim and that the
Port Angeles Police Department's retum of property is not to be construed as an admission of
liability on the part of the City of Port Angeles or the Port Angeles Police Department, or any of
their respective officers or employees, each of whom expressly denies any liability arising out of
the described incident.
day of oclob t (2017.
Kenneth enning, CI
AGREEMENT TO RELEASE CLAIM
Executed at Port Angeles, Washington, tnis I 7
STATE OF WASHINGTON
County of Clallam
On this day personally appeared before me, a Notary Public, duly commissioned and
swom, KENNETH E. HENNING, to me known to be the individual described in and who
executed the within and foregoing agreement, and acknowledged to me that he signed the same
as his free and voluntary act and deed, for the uses and purposes therein stated.
GIVEN under m hand and offrcial seal *i, |1fi auy "r 2d)ba/'2017.
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