CONIIIDEhNIAL
SETTLEMN,NT
AGREEMENT
AIYD
RELF:ASEThis Confidential
SettlementAgreement and
Release
("Agreement") is
made
by
andbetween
Plaintiff,
MonicaMontoya
("Plaintiff')
on
the
one
hand,
and
the
New
Jersey
Intergovernmental
Insurance
Fund(hereinafter,
rderred
to
as
the
"I{JIIF')
on behalf
of
theBorough
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
(RosellePark,
Brarnin,ger,
Cusmano,
Antonucci,
and
Wielgus beingcollectively
referred
to
as"Defendants"),
on the
otherhand,
(the
Plaintiff
and
NJIIF
being
hereinafter referred
to individually
as'
a
"Party"
and
jointly
as
the"Parties"),
and
shall
be deemed entered
into
as
of
the
date
of
signature
of
the
last PartyorParty representative
to
slgn
this
Agreement.
WITNESSETH
WI|npE4S,
Plaintiff
brouglrt
an
action
againstDefendants
in
United
States
District
Court-District
of New
Jersey,
captioned
Moica
Montoya
v-
Borough of
Roselle
Puk,
et
a/.,
Civil
Action No.
09-2371
(SDW)
(the'Action");
and
WHTREAS,
Plaintiff
has assertedand
allegedpersonal
injury/civil
rights
claimspursuant
to
42U.S.C.
1983,
interalia:Count
One
alleges
an
unreasonablesearch
and
seizurg
contrary
to
PlaintifFsrights
under
Article
I,
Section
7in
the
New
Jersey
Constitution
and
the FourthAmendment
to
the
United
States
Constitrrtiou
Count
Two
alleges
thatDefendants'
actions
deprived
Plaintiffof
her
rights
to
safety and
happiness;
Count Three
alleges
that Defendantsconspired
to
deprive
Plaintiffof
her
rights
underthe
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
Defendants14<{O6t_t
negligently,recklessly
and
with
deliberate
indifference
and
with
callousdisregard
to
her
rights,
intentionally andpurposely
assaulted
and
battered
Plaintiffi,
causing
Plaintiff
physical
injury,
pain
and
permanent
emotional
stress;
Count
Five
allegesDefendantsdeprived
Plaintiffof
her
right
to
dueproc€ss,
in
violation
of
the
New
Jersev
Constitution,
and
the
Fourthand
Fifth
Amendments
to
theUnited
States
Constittrtion;
Count
Six
alleges
that
asa
result
of
Defendants'
illegal
conduct,
she
was
deprived
of
her
right
to
dueprocessand
equal
protection
under
tAe
law,
under
the
Fourteenth Amendment
to
the
United
States
Constitution
and under
the
New
Jersey
Constitution; Count
Sevenalleges
that
Defendants
knowingly,
recklesslyand/or
with
deliberate
indifference,
failedto
instruct,supervisg control
and
discipline
Defendants
BrzuningerandAntonnuci;
Count
Eight
alleges
that
as
a
result
ofthe
unlawful,
willful
and
malicious
conduct
ofDefendantsacting
under
color
of
state
law,
Plaintiffs
rights
of
substantivedue
proces$
and/or
equal
protection
as
secured
by
the United
States
Constitutionand
the
New
JerseyStaeConstitution
were
violated
pursuant
to
the
New
Jersey
Civil
Rights
Act;
and
Count
Nine
alleges
that Defendants
maliciously
issuedand
approved
the
issuance
of
crirninal
charges
against
Plaintiff
alleging resisting
arrestand
obstnrction
with
theadministration
of
law,
without
reasonable
or
probable
cause_
WHEREAS,
Defendantshavedenied
all
allegations
assertedagainr;t
them
in
the
Actioq
and
WHTRB45,
Defendants
are
provided
with
insurance
as
a
result
of
themembership
of
RoselleParkin
the
NIIIF;
and
WFF1154S,
the Partieshave
mutually
agreed
to
resolvethe claims
that form
the
basis
for
the
Action
and
wishto
memorialize
their
sefflement
herein:
rd5<o6?_l
NOW THEREFORE,in
consideration
of
themutual
promises,
agreements andcovenantsmade
herein,
theParties
herebycovenant
andagree
as
follows:
l.
Withinthirty
(30)
days
following its
receipt
offully
executed copies
of
this
Agreementand
a Stipulation
of
Dismissal
with
Prejudice
as
to
all
Delbndants
in
the
form
attached
hereto
as
Exhibit
A
(the
"Stipulation"),
the
NJIIF
shall
pnovide
Plaintiffwith
payment
of
One-Hundred
Fifty-Three
Thousand
Dollars,
$153,000.00,(referred
to
herein
as
the
"Settlement
Sum").
TheSettlement
Sum
shallbe
madepayatrle
to"Monica
Montoya
andPerez
&
Bombelyrq
PC"
and
shall bedelivered
to:
Patricia
Bombelyn
Perez&
Bombelyn,
PC402
Livingston
Avenue
New
Brunswich
NJ
08901
Attorneysfor
Plaintiff
2.
It
isthe
Parties
understandingthatthere
is not
any
ta;<
consequence
and/or
liability
for
any
ofthe
Settlement
Sum
as
this
is
a
settlement
of
a
personal
irnjury
cause
of
action.
Howwer,Plaintiff
acknowledges
and
agrees
thet
all
federaland
state income
ta:res
and/or
penalties
relating
to
the
paymentss€t
forth
in
this
Agreementare
her
sole
responsibility.
Plaintifffurther
covenantsand
agrees
that
she
will
indemnily
Defendants
andthe
NJIIF for
anyta:res
and/orpenaltiessought
fromor
assessed
to
Defendantsand/or
the
NJIIF
byany
state
or
fueral
governmentalagency,
including
but not
lirnited
to
SocialSecurity
payroll
taxes
("FICA"),
state
and/or
fueral
disability
payments,
u:nemployment
tanegand/or
state
and/orfederalincome
taxes.
3.
Plaintiff,for
herselfand
on
behalf
of
her
successors,
heirs,beneficiaries,
estatesandassigns,
(individually
and
collectively
referred
to
herein
as
"Releasors"),
does
hereby
fully
and
foreverreleasgremit,
acquit,
remisg
hold
harmlessanddischarge, (the
l4<506?_l
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Monica Montoya Executed Agreement
The settlement agreement between Monica Montoya and the Borough of Roselle Park.
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