dONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE

a:his Confidential Settlement Agreement and Release ("Agreement") is made by and

betwe Plaintiff, Lorraine Selecky, and her spouse, heirs, assigns, designees, predecessors and succe rs (hereinafter "Plaintiff'') on the one hand, and the New Jersey Intergovernmental lnsuran e Fund ("NJIIF") on behalf of its insureds, Defendants Officer James Cantrell, indivi~ally and in his representative capacity ("Cantrell"), Borough of Roselle Park and Borou ofRoselle Park Police Department ("Borough")(Cantrell and the Borough being jointly referr to herein as "Defendants") Plaintiff and the NJIIF shall jointly be referred to as "the Parties' or individually as a "Party". The Agreement shall be deemed entered into as ofthe date of sign ure of the last Party or Party representative to sign this Agreement.

WITNESSETH

fHEREAS, Plaintiff filed suit against Defendants by way of Complaint in a matter listed 1 the New Jersey Superior Court, Union County under Docket No. UNN-L-1171-13, which forth factual and legal allegations against Defendants (the "Action"); and

WHEREAS, the Defendants have denied all allegations asserted against them in the Action; and

fVHEREAS, the Parties have mutually agreed to resolve all claims that form the basis for the t ction and wish to memorialize their settlement herein.

NOW THEREFORE, in consideration of the mutual promises and covenants made herein, the Parties agree as follows:

I. Within forty-five ( 45) days following the last to occur of (a) the NJIIF's receipt of fully executed copies of this Agreement and the Stipulation of Dismissal with Prejudice attached hereto aS Exhibit A; (b) delivery to the NJIIF of the date of birth of Plaintiff, her current address and corpplete social security number, tax identification number and a copy of a clear Charles Jones s¢arch; and (c) an executed W-9 form from Plaintiffs attorney, the NJIIF shall provide Plaintiff's attorney with payment in the total an1ount of fifteen thousand dollars ($15.000.00). referred to herein as the "Settlement Sum".

2. The Settlement Sum shall be made via check payable to "Joel I. Rachmiel, Esq. Trust Account" and shall be delivered to Joel I. Rachmiel , Esq. ("Attorney"), at the following addressi

Joel I. Rachmiel, Esq. 99 Morris A venue Springfield, NJ 07081

~- Plaintiff acknowledges and agrees that all federal and state income taxes and/or penaltieS relating to the payments set forth in this Agreement are their sole responsibility. Plainti further covenants and agrees that she will indemnify the Defendants for any taxes and/or penalti · sought from or assessed to Defendants and/or the NJIIF by any state or federal

00043981.

goverru:nental agency, including without limitation Social Security payroll taxes ("FICA"), state and/or tederal disability payments, unemployment taxes, and/or state and/or federal income taxes.

4. As additional, partial consideration for payment of the Settlement Sum, Plaintiff, for he~elf and on behalf of her successors, spouse, heirs, beneficiaries, estates and assigns (indivitally and collectively referred to herein as "Releasors.,) do hereby fully and forever release remit, acquit, remise, hold harmless and discharge (the ·'Release") Defendants and the NJIIF, well as their past and present officials, agents, commissioners, attorneys, departments, voluntc;ers, officers and employees (for individuals, said Release runs to them in their official and ~sonal capacities), and all of their respective heirs, estates, successors and assigns, (herei~fter, individually and collectively referred to as "Releasees"), jointly and individually, from y and all liabilities, claims, causes of action, charges, appeals, complaints, obligations, costs, sses, damages, ittiuries, utromey~' fee:~ and other lc:gal re:;ponsibilitic:s, (collectively, referred to as "Claims"), of any form or kind whatsoever, whether vested or contingent, which Releas~rs have or may have against Releasees from the beginning of time through the date of this Agreement, including without limitation any claims in law, equity, contract, tort, public policy, any claims or causes of action for breach of contract, negligence, retaliation, harassment and/or discrimination based upon. among other things, disability, handicap, sex, age or race, negligept or intentional infliction of emotional distress, defamation, any claims arising under The Civil Rights Act of 1871 as amended by 42 U.S.C. § 1983, Title VII of the Civil Rights Act of 1964, ~ amended, the Civil Rights Act of 1991, as amended, the Reconstruction Era Civil Rights 1 Act, as amended, the Americans with Disabilities Act, the Age Discrimination in Employment Act of 1967, as amended~ the New Jersey Law Against Discrimination, the United State~onstitution, the New Jersey Constitution, or any other federal, state or local statute, ordin ce or law whether such claims are known or unknown, unforeseen, unanticipated, unsusp cted or latent, and any claims which were raised or could have been raised prior to the date o this Agreement, whether known or unknown, unforeseen, unanticipated, unsuspected or latent.

Is. Plaintiff promises and agrees that she will not file, re-file, appeal, initiate or cause to be flied or initiated any claim, suit claim or other proceeding based upon, arising out of, or related Ito any claims and causes of action subsumed within the Release, nor shall she solicit, enco~ge, participate, assist or cooperate in any claim against any of the Releasees, whether before court or administrative agency, unless required to do so by law. If a Court Order or lawful · ubpoena is served on Plaintiff requiring that she testify in any matter in which Releasees shave in interest, she agrees to immediately notify and provide a copy of the Court Order or subpoena to all of the attorneys for Defendants in this case and to the NJUF's counsel c/o Eric J. Neme~ P.C., 55 Madison Avenue, Suite 400, Morristown, New Jersey 07960. Plaintiff shall provide the JJIIF with a copy of the Court Order or subpoena as soon as possible and reasonably in advance of her appearance and/or compliance with the Court Order of subpoena. Plaintiff agrees to cooperate with and assist the Defendants and NJIIF in connection with any lawful efforts o quash or limit the scope of the subpoena or Court Order.

6. Plaintiff represents that she is not currently married and that she has no spouse that ha the right to assert any interest in the Claims being released or the Settlement Sum.

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fl. This Agreement is not an admission by any of the Parties and/or any of their agents, I employees or representatives of any wrongdoing or liability and is being entered into solely for the purpose of economic expediency.

Plaintiff agrees that she shall engage in no act which is intended, or reasonably may be expected to harm the reputation, business, prospects or operations of the Releasees.

Plaintiff represents and warrants that no other person or entity has any interest in s that comprise or could have been raised in the Complaint, or in any other demands,

obligat ns, or causes of action referred to in this Agreement, and that she has the sole right and exclusi e authority to execute this Agreement and receive the benefits specified. Plaintiff further represe ts that she has not sold, assigned, transferred, conveyed or otherwise disposed of any of the cl 1s which comprise the Action, or any uthcr demands, obligations, or causes of·action referre to in this Agreement. Plaintiff further acknowledges that the only consideration for signin this Agreement are the terms stated in this Agreement, and that no other promise or agreem nt of any kind has been made to her by any person or entity whatsoever to cause her to sign t Agreement; that she is competent to execute this Agreement; that she has been advised

g and given the opportunity to consult advisors, legal or otherwise, of her own choosing; she fully understands the meaning and intent of this Agreement. No change to or

tion of this Agreement shall be valid or binding unless it is in writing and signed by and the NJIIF.

The Parties acknowledge and agree that as a governmental entity and as gove ental employees, the Borough of Roselle Park and its employees and/or the NJIIF may be obli ated to disclose a copy of this Agreement to persons under the New Jersey Open Public Recor Act or common law. Notwithstanding the foregoing, for $10.00 in hand and other good and val able consideration not otherwise herein stated, Releasors and Plaintiffs' Attorney agree that th shall not disclose, or cause to be disclosed, the terms of this Agreement, or the fact that this A eement exists, except to their accountants and/or tax advisors, or to the extent otherwise require by law. Each such person who is provided information regarding the terms of this Agree ent shall first be required to review this Agreement and agree to abide by the limitations on dis losure. The Releasors and Plaintiffs' Attorney acknowledge and agree that this confid tially prov1sion is an express and absolute condition of this Agreement, is bargained for consideration for this Agreement and that any violation of the terms and conditions of this confid tiality provision shall constitute a material breach of this Agreement. In the event that this A eement is required to be disclosed pursuant to applicable law, the Releasors and Plainti s ' Attorney agree that their communication with any person or the media regarding the Action hall be limited to the statement that the "claim was resolved to my satisfaction". In the

aintiff or her Attorney violates this non-disclosure provision, the NJIIF may move in a action to enforce same and shall be entitled to 50% of the Settlement Sum as liquidated

, along with court costs and legal fees.

If any provision of this Agreement or the application thereof is held invalid, the invalid shall not affect other provisions or applications and to this end the provisions of this Agree , ent are declared to be severable.

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No wain.:r or an) breach or an) term or pnn 1siun of this Agr~~mem shall be consm d as. nor shall it h~.!. a \\'aivcr of any other term of this Agreement. No \\ui\er shall hi.! binding unless in \\Titing and signed b: the Part~ waiving the breach.

13. This Aun:l.!mt:nt shall inure to the bt!nclit of and bt.: binding upon the heirs. rt:pn.::sc talives. successors. and assignees or cuch of the J>artit:s to it. Each of the Parties who arc not sig atorics to this Agreement is intenc.h!d tu be third-pw t~ bl.!m:ticiar") of this Agreemc.:nt. Each s ch Party shall be ~11lilled to enforc.; th is ,\greement anu each or ItS tcnns. In the event or any br ch of this Agreement. an aggric,·cd Pany may llll>\C bd(m.: the L'mon Count) Superior Court tp enforce the terms hereof and shall be awarded kg.ul fees if it is the pre\ ailing pan~ in such nclion.

PlnimitT 11·:1~\l~ Jbrc..::. 1<• julltth <•ild :.\.'\ crali:. mucPldil~. Jcti:nd .111d hold hannle s Oeli:ndants and 1\l.lllr JUintl~ nnd indi' idually. from an) and all l1ahilitit:s. claims. caus~s of action. charge!>. appeab. compluints. obligmitllls. costs. losses. thm1ages. injuri..;s. auomcts · Cet:s. und oth~r kgal respnn::.i bi I i til::.- or an~ form ur kind "hat sue' ~r. "hether ' ~stcd or cont ngent. which an) pany to the :\ction or any other person or their successors or assign::. has or ay have against the Defendants and N.lll F arising r'rom the subject matter or rhe Action. includi g without limitation Ull) claims in law. \.'quity. contract. ton. public polic~. any claims or causes r action for breach nr contract. negligence. retaliation. harassment and lH Jiscrimination based on . among other things. disahilit). handicap. sc~. age or race. intetlliunal or negligent inllicti n of emotional distn:ss. ddamation, and nny claims which \\erl! raised or could ha\ 1.!

been ra sed in the Action. '' hcther kntm n or unl-.110\\ n. unl'ore'iccn. unanticipmcd. unsuspected or Iaten!.

5. This Agrel.!mt.:nt r~prcsellls lh~ entire .. tgrc\.'mcnt umkrstanding between the Parties. constitutes the complete. tina I and e~clusi\'C embmlimt:nt of their agrccm~nt '' ith rcspl.!ct to thc u~jcct maner hereof~ and supl..'rsedl.!s and replaces an) anc.l all prior agreements and undcrsl ndings. both written and ural. concerning tht: sul~jc~:t nHlllt:r ht:rcor. ·1 h~ tcnns or thi:-; Agrcen ent ure contructual and not mere rct.:itals. This 1\gn.:t:mcnt may not b~ changed or modili . except by a writing signed by the Panics hereto .

lJ. :-nis S~.-uk n~n~ . \gn:em~111 "11i hL" gL•\ ~~ lll..'ll h~ an~: L"lllbint.:J lll •• i...:r th~:: lo\\"s ,1t" lhe Stntf: of Nc::'' Jerse) and shall not he consm1ed tor or against an~ Puny hasi.!J on attribution of druftln!! to nnv Pam.

\ 7- .;his ~t:Uicmcnt t\grct:ment nut~ be \.'\eeutl.!cl in counterparts. and ~:ach counte'Jan shall have the sumc Ioree and dTt.:ct as an original and shall constitute an effc!ctivc. bmding agrccmcm on that pan of cach of thc undcrsign~d.

t8. Plaimiff hcrcb\ con~nants that if an' li~ns c\isl auainst thc Sc11kmcnt Sum. shl..' . . -

will be obligate to and ~hall ensure that the) arc paid in fulL compromist..:d or sarisficd and release y hcr. Ira lien c.::o.ists which is not satisfied as required b~ this 1\grecmcnt. ad a claim is madl! bi anvone to t:nlort.:~ thm lien a~ninstthe Derenc.ltulb \lr :--.:.JliF. Plaintiffa!.!rt!es that she \\ill dt:i}!nd 'and indemnil\ tht..: DdenJ7lllts and '\.lllF from and :.1gainst all such -claims. !his

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rt:prc:se tation is intended to include all liens. past. prl.!scnt and future. including. but not limit~d to. go'rrnmental liens. Social Secunty liens. child support or ~.:ustou~ liens. attorn~.:~ s· liens. mcc.litaJ provider liens. Medicare aml judgment li~ns. PlaintilT agrees to indcmnif) and hold the Oefendpnt:; and the NJ II F anu all or their insurancc carriers harmless in connection '' ith an~ claim 91nde by reason of licns against or tux obligations assodmcd with payment or the Scukment Sum. If a claim is hercarter made against thc Defendants tmu'or 'IJ II F or their insunu~· e carriers by anyone sl.!cking payment or tht: liens. Plaimi!T" ill ln<kmnif) and hold the Defend ms and NJIIF ~md their insurance carriers harmless for nnv r.;uch lkns an<.l 'or <./e(endinl! . ... against uch a claim. including. but not limited. anon11:~ s· rees. costs or suit. and imcrcsl.

n furtherance or the li.wegoing. Plainti tr sates as li.>l l<m s:

1·1 agree to satisf'y and personal ly guarantc..: paym~:n t for any unJ all li~:ns. including but \lut iin1i ieu tu li..:ns ,:ss~:rh:J by <til~ \\n t h.~:rs· ~o:Hl•lr..:n-.<~ti L• It in:.uranl:~ l:anil!r llr ~0\ em mental entity. int:luding bu t not limited 10 Medicare and/or Medicaid. thnt has paid. or "ill pay. an~ bcnelit:. tu me. nr an In) behalf. out nfthe monies ~llll ar~ pa~ing

r:ursuant to this Release. I runher <~grcc to satisf) any nnd all child !:iuppon judgment cns and unpaid medkul bills or any medical providcr or l~1cilit~ out or the proceeds of 1is settlement.

In recognition or my obligations to satist~· all such liens out nf the monies being paid

Iursuant to this Rclea::.e. I further agree to indcmni !) and defend you. yom attorneys and our liability insurance carriers from nnd against nn~ and all claims made or actions filed gainst you. your attorneys. your liability insurance carricrs for payment of an) such liens

fpon prompt presentation and tt:ndcr of such claims. I further m:knowledg~ that I have ~pccilica l ly discussed this provision of' this Rclcasc \\ith my auornc~s:·

, 9. Plaintiff rcprcsl.!nb and warrants that "he is not i\kdil:art: digiblc anti or enrolled and tha~Medicart: has not (pursuant to . .Q t r.s.C. st395)(b) and the corresponding regulations) mnde a ~ conditional pi.l) mcnts lor n11.:dical scn·icc:. or itcms provided to Plainti rr and arising from or rclming to an) claim. accident. occli!TCnc~. act. ~:rrnr. omission. boJily injury. discus~:. loss. or famagc'i that arc sul~jcct to the relca-;e herein . Thc Panics agree that all representations and wa1 anties made hcn.:in sh:.tll sun·i\'e settlement. In consideration of the promises mad~! b) .h.: Sen ng Ot:l"..:nd<t.nis i1i thi:-. \.,J.n.:~nleill. ~liLiuding but lld! limit~u It; the Scttl~lt JCill Sum to be paid b) l hc :-.u11r pursuam to this Agreement. Plnintil'f agn:c~ thnt Plainurr shall bl.' responsible lor satisfying any future claims f.or reimburscment of conditional pnymcnts that may be asst.!n cd bv Med!:arc. and that the SeUIIIH!. Defendants shall ha\'c no obligation 10 sntisl\ all\ such claims l(;r reimbursement. - - . .

P.Iainti tT and/or her estate agree to i1wcstiga1c :.mJ assume an~ re::.ponsibilit~ nnd or liability o pay any current ivkdicar.: liens that ma) be r~latl.!d to tht.: in.iury in question. J·unhcr. PluintiiT und/or her estate agree:. to pa) :.tn~ future ~kuicarc l1ens th;1t ma~ arise that arc dt:tCmlii1Cd to be related to the lllJUr~ thm is the suhj~<:t nfthc :\ction.

2p. l:ach Part) rcpn:scnts that it has hnu the opportunit~ to consult with an allome~. and has lurcfull) rt!ad untlundcr~tands the .... ~.:ope and cllc<:t of thc pro\'isions of this Agr~cmcnt.

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and si~s this Agreement or its own frc~ "ill. ~o Puny to the :\gre~ment has ~:lit!d upon _an~ rcprcscmations or statements matk by an) nthcr Part~ hereto "h1ch are not spcctllcally set lorth in this t.gret:mt:nt. Th~: Parties c:.~ch unJcr::.tand ho'' this /\gn:cmcnt will affect thcir legul rights and vorntarily enter into this Agreement with such knowledge and understanding.

1]1. This Settlement l\gn:em~nt is executed voluntanl~ and '' ithout an) duress. cocrci~1 or undue inOucncc on the part or behalf ol .the Parties hcn.:tn. "ith the full intent ol· rek:asi tlg all claims asscrtctl in the Claim. l'hc Parties ad.nnwkdge that:

(a) The~ han.> reaJ this .\grccmcnt:

(h) The' have been n:pn.:scntcd in the prcpnnllion. negotiation. and cxt:cution or this Agreement by lcgal counsd of' their O\\ n choice or that they have \viumnrily tledincd H1 s~.d. sm:h c.lun .• d:

(c) The) understand the terms and Clll1::-.cqu~nc~~ nr this ;\grl:~m~m and of' lht: rclcasl:!s it conltlins: and

(d) Thcy an: full: U\\tlr~ of the legal and oimling dli:tt or this .:\g.rt:cmcnt.

JN WITNESS \VJJ EREOF. th~ Panics have I!X(!Cuted this t\grccment on the rcsp~.:ctl\'t: dates sd forth bdo''.

·' J>::61i• IJIT~

ri{JO-IWNI 5

Lorraim: Sekck). Plamt fl

'\c\\ .Jcrse~ lnh:rg_~1\ emmcnt:JI Insurance ; tu1t! t J. • [lch.d !' l' ( 1 kfi:nda 111

il) ___Clzf(i;_ f l:ric .1. Ncmoth. ::>tinsel

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