United States of America v. One 2003 Lincoln Navigator et al

Filing 18

STIPULATED SETTLEMENT AGREEMENT AND ORDER OF FORFEITURE settling the claim of Solvay Bank pursuant to the terms and conditions stated herein. Signed by Judge Glenn T. Suddaby on 4/9/2010. (mae)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK
******************

UNITED STATES OF AMERICA,

Plaintiff,
v.

STIPULATED SETTLEMENT
AGREEMENT AND ORDER OF FORFEITURE

CivilNo.5:10-CV-19
ONE 2005 CADILLAC CTS, NEW YORK LICENSE PLATE NO. DZX1074, VIN #1G6DP56755O150601.
Defendant.
******************

(GTS/GHL)

IT IS HEREBY STIPULATED AND AGREED by and between the plaintiff, United States of America, and its attorney, Richard S. Hartunian, United States Attorney for the

Northern District of New York, Carla Freedman, Assistant United States Attorney, of counsel, and David P. Martin, attorney for Solvay Bank, the lien holder, that:
WHEREAS, the United States of America has filed a Verified Complaint for Forfeiture of

the defendant vehicle, in which it alleges that the defendant vehicle was used or intended to be used, to transport, or to facilitate the transportation, sale, receipt, possession, or concealment of controlled

substances in violation of Title 21, United States Code, in paragraph (1), (2), or (9).
WHEREAS, Solvay Bank, has submitted a claim as a lien holder, and
WHEREAS, the parties desire to settle this matter without the need for further litigation,

NOW THEREFORE, the parties agree as follows:
1. The defendant 2005 Cadillac CTS, New York License plate no. DZX1074, VIN

#1G6DP567550150601, shall be forfeited to the United States of America.

2. The lien holder, Solvay Bank, hereby withdraws its claim thereby relinquishing and forfeiting any and all right, title and interest in the defendant vehicle and it shall sign a release and hold harmless agreement in the form attached hereto and shall execute any and all documents
necessary to effectuate the sale of the vehicle. 3. The United States Marshal for the Northern District of New York shall be directed to

sell the defendant vehicle.

4. Upon the sale of the defendant vehicle, the United States Marshal shall deduct any and all reasonable costs relating to the seizure, forfeiture and sale of the vehicle. 5. The United States Marshal shall be directed to pay from the remaining net proceeds an

amount up to $4,325.30 to Solvay Bank, in full satisfaction and discharge of the lien held by Solvay Bank and Solvay Bank, shall provide to the United States Marshal an appropriate release,
cancellation and satisfaction evidencing discharge of the lien. 6. In the event, the remaining net proceeds from the sale of the defendant vehicle are less

than the lien amount, Solvay Bank agrees to accept a lesser amount, to be determined, in full
satisfaction and discharge of the lien and Solvay Bank shall provide to the United States Marshal an appropriate release, cancellation and satisfaction evidencing discharge of the lien.
7. The terms and conditions herein represent the whole and complete agreement

between the parties, and no other terms, conditions, previous agreements, or memoranda will be demanded, excepted, requested or performed by the parties.

8. This Court shall retain jurisdiction in the cause for the purpose of enforcing the terms of
this agreement.
RICHARD S. HARTUNIAN
UNITED STATES ATTORNEY

Northern District of New York

Carla Free/lman
Assistant U.S. Attorney Bar Roll No. 514723

Dated: David P. Martin, Esq.
Attorney for Solvay Bank, lien holder

*******************

THIS COURT having before it the Stipulated Agreement of the parties to the above-

referenced action, and the parties having agreed to its terms as indicated by their signatures, and
notice of this seizure and forfeiture action having been posted on an official government site
(www.forfeiture.gov.') for at least 30 days, beginning on January 23, 2010, it is hereby ORDERED that the defendant, 2005 Cadillac CTS, is forfeited to the United States of

America and it is further,
ORDERED that as requested, the claim of Solvay Bank, is hereby withdrawn thereby

relinquishing and forfeiting any and all right, title and interest in the defendant vehicle and it shall sign a release and hold harmless agreement and shall execute any and all documents necessary to

effectuate the sale of the vehicle and it is further,
ORDERED that the United States Marshal for the Northern District of New York shall be directed to sell the defendant vehicle and it is further,

ORDERED that upon the sale of the defendant vehicle, the United States Marshal shall deduct any and all reasonable costs relating to the seizure, forfeiture and sale of the vehicle and it
is further,

ORDERED that The United States Marshal shall be directed to pay from the remaining net

proceeds in an amount up to 54,325.30 to Solvay Bank, in full satisfaction and discharge of the lien
held by Solvay Bank and Solvay Bank shall provide to the United States Marshal an appropriate

release, cancellation and satisfaction evidencing discharge of the lien and it is further, ORDERED that in the event, the remaining net proceeds from the sale of the defendant

vehicle are less than the lien amount, then Solvay Bank agrees to accept a lesser amount, to be
determined, in full satisfaction and discharge of the lien and Solvay Bank shall provide an appropriate release, cancellation and satisfaction evidencing discharge of the lien and it is further, ORDERED that this Court retains jurisdiction for the purpose of enforcing the terms of the
settlement agreement, and it is further,

ORDERED that the Clerk of the Court shall enter judgment in accordance with the terms
of this Order.

Dated:

'HONORABLE GLENN T. SUDDABY//
UNITED STATES DISTRICT COUKFJUDGE

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK
*****************************

UNITED STATES OF AMERICA, Plaintiff,
v.

STIPULATED SETTLEMENT
AGREEMENT AND ORDER OF FORFEITURE
Civil No. 5:10-CV-19

ONE 2005 CADILLAC CTS,

(GTS/GHL)

NEW YORK LICENSE PLATE NO.
DZX1074, VIN #1G6DP56755O150601.

Defendant.
******************

AFFIDAVIT OF CARLA FREEDMAN

I, CARLA FREEDMAN, do hereby certify under the penalties of perjury that I am an
Assistant United States Attorney in and for the Northern District of New York, of counsel to Richard

S. Hartunian, United States Attorney for the Northern District of New York, and attorney for the plaintiff in the above-entitled action. 1 further state upon information and belief that the known claimants to the defendant

property are not in the military service of the United States and are not infants or incompetent
persons.

--=

Crla Freedro4 n Ca IF dnra Assistant U.S. Attorney Bar Roll No. 514723

HOLD HARMLESS AND RELEASE AGREEMENT

Properties Seized:
Return to:

2005 Cadillac CTS
Name: SOLVAYBANK

Address:

City:
Zip: Phone No.

State,

In exchange for an amount up to the sum of Four-Thousand Three-Hundred Twenty-Five
Dollars and Thirty Cents ($4,325.30), SOLVAY BANK, hereby releases and forever discharges the

United States, its officers, agents, servants and employees, their heirs, successors, or assigns, from

any and all actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims and/or demands whatsoever in law or equity which SOLVAY BANK, its heirs, successors, or assigns ever had, now have, or may have in the future in connection with the detention, seizure and/or release by agents of the Department of Justice, of the above listed property.
SOLVAY BANK, further agrees to hold and save the United States, its officers, agents,

servants and employees, their heirs, successors, or assigns, harmless from any claims by any other, including costs and expenses for or on account of any and all lawsuits or claims of any character whatsoever in connection with the detention, seizure, and/or release by agents of the Department of
Justice of the above listed property.

Dated: sMlo

BY:W^^^^M^^ S&P.
A*

Witnessed bv: ^JJllM&ti^, (U\MJ&XS*i