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Selecky vs. Roselle Park (Confidentiality Agreement)

Selecky vs. Roselle Park (Confidentiality Agreement)

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Published by Roselle Park News

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Published by: Roselle Park News on May 21, 2014
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08/21/2014

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dONFIDENTIAL
SETTLEMENT AGREEMENT
AND
RELEASE
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~ lly
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
ofth
date
of
sign ure
of
the last Party or Party representative
to
sign this Agreement.
WITNESSETH
HEREAS
Plaintiff filed suit against Defendants
by
way
of
Complaint
in
a matter listed
1
the New Jersey Superior Court, Union Coun
ty
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 tction 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 cla
im
s 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 rac
e
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.
s
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
n
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
eme~
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.
2
 
fl
This
Agreement is not an admission by any
of
the Parties and/or any
of
their agents, mployees
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 provisi
on
of
this Agreement
or
the application t
hereof
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.
0004398
1
3

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