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("Plaintiff')
Intergovernmental Insurance Fund (hereinafter, rderred to as the "I{JIIF') on behalf of the Borough of Roselle Park (hereinafter, referred to as "Roselle Park" or "Borough"), Police Offrcer Flarold Breuninger, Police Sergeant P. Cusmano, Police Officer Michael
Antonucci, and Police Chief Warren Wielgus (Roselle Park, Brarnin,ger, Cusmano, Antonucci, and Wielgus being collectively referred to as "Defendants"), on the other
hand, (the Plaintiff and NJIIF being hereinafter referred to individually
as'
a "Party" and
jointly
of signature of
WITNESSETH
States
Puk,
et a/.,
WHTREAS, Plaintiff has asserted and alleged personal injury/civil rights claims
pursuant
to 42 U.S.C. 1983, inter alia: Count One alleges an unreasonable search and
I,
Section
Constitution and the Fourth Amendment to the United States Constitrrtiou Count Two
alleges that Defendants' actions deprived Plaintiff of her rights Count Three alleges that Defendants conspired to deprive
to safety and
happiness;
Plaintiffof
New Jersey Common Law and the United States Consitution to be free fiom unlawful
searches, seizures and detention; Count Four alleges a*sault
in that Defendants
14<{O6t_t
negligently, recklessly and with deliberate indifference and with callous disregard to her
rights, intentionally and purposely assaulted and battered Plaintiffi, causing Plaintiff
physical injury, pain and permanent emotional stress; Count Five alleges Defendants
deprived
Plaintiffof
and the Fourth and Fifth Amendments to the United States Constittrtion; Count Six
alleges that as a result of Defendants' illegal conduct, she was deprived
of her right to
due process and equal protection under tAe law, under the Fourteenth Amendment to the
United States Constitution and under the New Jersey Constitution; Count Seven alleges
protection as secured by the United States Constitution and the New Jersey Stae
Constitution were violated pursuant to the New Jersey Civil Rights Act; and Count Nine
alleges that Defendants maliciously issued and approved the issuance of crirninal charges
against Plaintiff alleging resisting arrest and obstnrction with the administration of law,
cause_
WHEREAS, Defendants have denied all allegations asserted againr;t them in the
Actioq
and
result
of
the
WFF1154S, the Parties have mutually agreed to resolve the claims that form the
basis for the Action and wish to memorialize their sefflement herein:
rd5<o6?_l
l.
Within thirty (30) days following its receipt of fully executed copies of
this Agreement and a Stipulation of Dismissal with Prejudice as to all Delbndants in the
form attached hereto as Exhibit A (the "Stipulation"), the NJIIF shall pnovide Plaintiff
Montoya and Perez & Bombelyrq PC" and shall be delivered to:
Patricia Bombelyn
Perez& Bombelyn, PC 402 Livingston Avenue New Brunswich NJ 08901 Attorneys for Plaintiff
2.
of
action. Howwer, Plaintiff acknowledges and agrees thet all federal and state income
ta:res and/or penalties relating
responsibility. Plaintifffurther covenants and agrees that she will indemnily Defendants
and the NJIIF for any ta:res and/or penalties sought from or assessed to Defendants and/or the NJIIF by any state or
fueral governmental agency, including but not lirnited to Social fueral disability payments,
u:nemployment
3.
hereby
estates and assigns, (individually and collectively referred to herein as "Releasors"), does
fully and forever releasg remit, acquit, remisg hold harmless and discharge, (the
l4<506?_l
"Release"), Defendants and the NJIIF, as well as the Defendants' and the NJIIF's past
and present officials, agents, attorneys, departments, officers and employees, (for
individuals, said Release runs to them in their official and personal capacirties), and all of
their respective heirs, sucoessors and assigns, (hereinafter, individually and collectively
referred to as nReleasees"), causes
of actio4
or contingent, which
of time through the
date of this Agreement, including but not limited to any Claims in law, ecluity, contract,
tort, public policy, any Claims or causes of action for breach of contraot, negligence,
retaliatiorL harassment and/or discrimination based uporL among other things, disability,
handicap, sex, age or race, intentional infliction of emotional distress, failure to promote,
improper demotioq defamation, any claims which were raised or could have been raised
in the Complaint, or any claims under Title VII of the Civil Rights Act of 1964,
amended, the
as
Civil Rigtrts Act of 1991, as amended, the Reconstruction Era CMI Rights
Act, as amended the Americans with Disabilities Act, the Age Discrimination in
Employment Act
of
1967, as amended, the Family and Medical Leave Act, the Fair
of
1974, as
amended, (except for claims for vested benefits under ERISA), the Uniformed Services
Employment and Reemployment Act of 1994, as amended, the New Jersey Law Against
Discriminatiorq the New Jersey Family Leave Act, the New Jersey Conscientious
Employee Protection Act, the New Jersey Workers' Compensation Act, the New Jersey
l4{qqr{?-1
State Wage and Hour Law, the New Jersey Workers' Compensation Act, the New Jersey
State Wage and Hour Law, the New Jersey Constitutiorq or any other f.bderal, state or
but not limited to the entire controversy doctrine, estoppel, joinder, etc., whether with
regard to the Action, any Claims or otherwise.
4.
Plaintiffpromises and agrees that she will not file, re-filg appeal, initiate,
or cause to be filed, refilled or initiated any claim, suit, action or other proceeding based upon, arising out of, or related to any Claims released herein; nor shall she solicit,
encourage, participate, assist
or
cooperate
law. If
court order or lawful zubpoena is served on Plaintiff requiring that she testr$ in any
claim in which Releasees have an interest, she agrees to immediately notifu and provide a
copy of the court order or subpoena to the NJIIF's General Counsel c/o Eric J. Nemettr,
P.c. 55 Madison Avenue, suite 400, Morristown New Jersey, o7gff., phone (g73-s3g2122), tax (973-5394677). Plaintiff shall provide the NJIIF's General Counsel with a copy of the court order or subpoena as soon as possible and reasonably iin advance
of
hiVher appearance and/or compliance with the court order or nrbpoena. plaintiff agrees to take actions to lawfully cooperate with and assist the Borough and NJIIF in connection
with any lawful efforts to quash or limit the scope of the zubpoena or court c,rder.
rl<<06"_r
5.
6.
Releasees.
of
7.
Plaintiff represents and warrants that no other person or entity has any
interest in the claims that compromise or could have been raised in the Action, or in any
to
benefits specified. Plaintiff further represents that she has not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims which comprise the Action, or any
other demands, obligations, or causes of action referred to in this Agreernent. plaintiff further acknowledges that the only consideration for signing this Agreement are the terms
stated in this Agreement, and that no other promise or agreement of any kind have been
made
whatsoe'yer
Agreement; that she is competent to execute this Agreement; thal she has been advised in
writing and given the opporurnity to consult advisors, legal or othenvise, of his own
choosing; and that she change
fully
it is in
8.
Plaintiffand her Attorneys agree that they shall not disclose, or cause to be
disclosed, the terms of this Agreement, or the fact that this Agreement exists, except to
ra<soAt_l
their, accountants and/or ta:r advisors, or to the ortent otherwise required by law. Each
such person who is provided information regarding the terms
be required to review this Agreement and agree to abide by the limitations on disclosure.
Plaintiffand her Attorney acknowledge and agree that this confidentiality provision is an
express and absolute condition of this Agreemer[ is bargained for consideration for this
Agreement and that any violation of the tenns and conditions of this confidentiality
provision shall constitute a material breach of this Agreemefi. In the event that this
Agreement is required to be disclosed pursuant
her
Attorneys agree that their communication with any person or the media regarding the
Litigation shall be limited to the statement that the "litigation was resolved to their
satisfaction." If Plaintiffand/or her attorneys breach the provisions of this Paragraph 8,
Defendants and/or the NJIIF shall be authorized to proceed summarily for enforcement
of
to
of
the
9.
invalid, the invalidity shall not atrect other provisions or applications and to this end the
provisions of this Agreement are declared to be severable.
10.
waiver shall be binding unless in writing and signed by the party waiving the breach.
I
l.
This Agreement shall inure to the benefit of and be binding upon the heirs,
it.
Each of the
la<so6t_l
beneficiaries of this Agreement. Each such Releasee shall be entitled to enforce this
Agtreement and each
an
aggrieved Releasee may move to enforce the terms hereof and shall be awarded legal fees
if it
12.
and
present officials, agents, attorneys, departments, officers and employees, (for individuals, said Indemnification runs to them in their official and personal capacities), and all of their
causes
of
legal
responsibilities of any form or kind whatsoever, whether vested or contingent, which any
persorL party
the Indemnitees arising from the subject matter of the Actiorl including but not limited to
any claims based upon payment of the Settlement Sum as well as those based in law,
equity, contract, torq regulatioq statute, public policy, any claims or causes of action for
breach of contracf negligence, retaliatior\ harassment and/or discrimination based upon"
emotional distress, defamatiorq and any claims which were raised or could have been
raised in the
or latent.
t4<<06"-t
13
understanding
between the Parties, constitutes the complete, final and exclusive embodiment
of their
agreement with respect to the subject matter hereof, and supersedes and replaces any and
all prior agreements and understandingg both wriuen and oral" concerning the zubject
matter hereof. The terms of this Agreement are contractual and not mere recitals. This Agreement may not be changed or modified, except by a writing signed by the Parties
hereto.
14.
laws of the State ofNew Jersey and shall not be construed for or against any party based on afnibution of drafting to any party.
15.
counterpart shall have the same force and effect as an original and shall constitute an effective, binding agreement onthe part of each ofthe undersigned.
16.
they
Ptaintiffhereby certifies that if any liens exist against the Settlement Sum"
will
If a lien exists
which is not satisfied as required by this Agreement, and a claim is made by anyone to
enforce that
she
will
intended
to include all liens, including but not limited to, attorneys' lieng
provider liens, Medicare and Medicaid lienq workers' compens,ation liens, all satutory or
the
ta>(
obligations associated with payment of the Settlement Sum. If a claim is hereafter made
against the Releasees by anyone seeking payment of the liens, Plaintitr
will indemnify
d<<o6t-l
and hold the Releasees harmless for any zuch liens and/or defending against such a claim,
including but not limited to, attorneys' fees, costs of suit, and interest.
17.
it
to consult with an
attorney, and has carefully read and understands the scope and efffect of the provisions
of
will.
No Party to
the
Agreement has relied upon any representations or statements made by any other Party
18.
coercion or undue influence on the part or behalf of the Parties hereto, with the of releasing all claims assrtd in the Action. The Parties acknowledge that:
full intent
(a) (b)
of this Agreement by legal counsel of their own choice or that they have voluntarily
declined to seek zuch counsel;
(c)
releases
They understand the terms and conseguenses of this Agreement and of the
it contains;
They are fully aware of the legal and binding effect of this Agreement.
(d)
td{<o6t-l
ln
MOMCAMONTOYA
By:
Date:
The New Jersey Intergovernmental Insurance Fund on Behalf of the Borough of Roselle
Police Sergeant P. Cusmano, Police Offrcer Michael Antonucci, and Police Chief Warren
Eric J. Nemetll Esq. General Counsel New Jersey Intergovernmental Inzurance Fund 55 Madison Avenue Suite +oo Morristown, New Jersey 07960
Date:
A(<O6t-l
tl
Patricia Bombelyn
Perez
& Bombelyn, PC
402 Livingston