Opinion
No. C 02 5409 BZ ARB
July 3, 2003
Ryan L. Werner, Werner Burke, Point Richmond, CA, for Plaintiff
Joseph T. Burke, Werner Burke, Point Richmond, CA, for Plaintiff
Benjamin C. Fultz, Tachau Maddox Hovious Dickens, PLC, Louisville, KY, for Plaintiff
C. Lynnc Pierce, Tachau Maddox Hovious Dickens, PLC, Louisville, KY, for Plaintiff
AGREED ORDER OF JUDGMENT
Community ElderCare Services, LLC and Enhanced Care Solutions, LLC d/b/a Lafayette Convalescent Hospital, University Convalescent Hospital, Rhccm Valley Convalescent Hospital and Oak Park Convalescent Hospital (collectively, "CEC") and RehabCare Group Therapy Services, Inc. ("RehabCare"), through counsel, having agreed to the terms of this Agreed Order of Judgment, and the Court being otherwise sufficiently advised,
IT IS HEREBY ORDERED AND ADJUDGED that the Defendants, jointly and severally, are indebted to RehabCare in the amount of $232,960.24, plus interest thereon at the rate of 10% per annum, from the date of the entry of this Agreed Order of Judgment until paid in lull. CEC shall pay RehabCare Group Therapy Services, Inc., through its attorneys, Tachau Maddox Hovious Dickens PLC, at 2700 National City Tower, 101 So. Fifth Street, Louisville, Kentucky 40202, according to the following schedule:
Date Balance Payment Interest Principal 07/10/03 $232,960.24 $25,000.00 $1,941.34 $23,058.66 08/10/03 $209.901.58 $25.000.00 $1,749.18 $23,250.82 09/10/03 $186,650.76 $25,000.00 $1,555.42 $23,444.58 10/10/03 $163,206.18 $25,000.00 $1,360.05 $23,639.95 11/10/03 $139,566.23 $25,000.00 $1,163.05 $23,836.95 12/10/03 $115,729.28 $25,000.00 $ 964.41 $24,035.59 01/10/04 $ 91,693.69 $25,000.00 $ 764.11 $24,235.89 02/10/04 $ 67,457.80 $25,000.00 $ 562.15 $24,437.85 03/10/04 $ 43,019.95 $25.000.00 $ 358.50 $24,641.50 04/10/04 $ 18,531.60 $18,531.60 $ 153.15 $18,378.45 05/10/04 $ 0.00 $ 0.00 If CEC fails to timely make any payment when due, the entire unpaid principal balance shall immediately be due. plus interest on the accelerated principal balance at the rate of 18% per annum until paid in full, and RehabCare Group Therapy Services, Inc. shall further be entitled to all attorneys' fees and costs in the collection or enforcement of this Judgment.Release by CEC. CEC, for itself and its heirs, executors, administrators, personal representatives, legal representatives, successors, predecessors and assigns of CEC, HEREBY RELEASES, ACQUITS AND FOREVER DISCHARGES RehabCare, its directors, officers, employees, insurers, agents and representatives, and all other persons who are acting or at any lime or times have acted for or on behalf of RehabCare and any subsidiary or affiliate of RehabCare, and all of their respective heirs, executors, administrators, personal representatives, legal representatives, successors, predecessors and assigns, from all claims, demands, actions, causes of action, losses, liabilities, damages, costs expenses and disbursements (including, but not limited to, fees and disbursements of accountants, attorneys, engineers and other professionals, experts and agents) of any kind whatsoever, both known and unknown, both foreseen and unforeseen, whether now or hereafter existing, whether matured or unmatured, liquidated or unliquidated, legal or equitable, whether based upon tort, contract, breach of contract or otherwise, and whether or not asserted which CEC or any person claiming by or through such CEC may now or hereafter have or incur or may now or hereafter claimed to have or to have incurred, arising or to arise, directly or indirectly, from or by reason of, or in any manner related to or connected with, (a) the negotiation, preparation, execution and/or delivery of this Agreement, and/or (b) any other fact, event, transaction, condition, act or omission to act occurring on or prior to the date of this Agreement or in any manner related to or connected with the Services Agreement, regardless of when the cause of action with respect to any such fact, event, transaction, condition, act or omission to act shall be deemed to arise.
Release by RehabCare. RehabCare, for itself and its heirs, executors, administrators, personal representatives, legal representatives, successors and assigns of RehabCare, HEREBY RELEASES, ACQUITS AND FOREVER DISCHARGES Community, its directors, officers, employees, insurers, agents and representatives, and all other persons who are acting or at any time or times have acted for or on behalf of CEC and any subsidiary or affiliate of CEC, and all of their respective heirs, executors, administrators, personal representatives, legal representatives, successors, predecessors and assigns, from all claims, demands, actions, causes of action, losses, liabilities, damages, costs expenses and disbursements (including, but not limited to, fees and disbursements of accountants, attorneys, engineers and other professionals, experts and agents) of any kind whatsoever, both known and unknown, both foreseen and unforeseen, whether now or hereafter existing, whether matured or unmatured, liquidated or unliquidated, legal or equitable, whether based upon tort, contract, breach of contract or otherwise, and whether or not asserted which RehabCare or any person claiming by or through such RehabCare may now or hereafter have or incur or may now or hereafter claimed to have or to have incurred, arising or to arise, directly or indirectly, from or by reason of, or in any manner related to or connected with, (a) the negotiation, preparation, execution and/or delivery of this Agreement, and/or (b) any other fact, event, transaction, condition, act or omission to act occurring on or prior to the date of this Agreement or in any manner related to or connected with the Services Agreements, regardless of when the cause of action with respect to any such fact, event, transaction, condition, act or omission to act shall be deemed to arise.