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,
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
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HEREAS, 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 sarch; 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 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 capacities), and all of their respective heirs, estates, successors and assigns,
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, and other lc:gal re:;ponsibilitic:s, (collectively,
referred to as "Claims"), of any form or kind whatsoever, whether vested or contingent, which
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
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Act, as amended, the Americans with Disabilities Act, the Age Discrimination in
Employment Act of 1967, as the New Jersey Law Against Discrimination, the United
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,
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.
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 ofaction
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.
00043981. 3
No wain.:r or an) breach or an) term or pnn 1siun of this shall be
consm d as. nor shall it a \\'aivcr of any other term of this Agreement. No \\ui\er shall hi.!
binding unless in \\Titing and signed b: the 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 bl.!m:ticiar") of this Agreemc.:nt.
Each s ch Party shall be to enforc.; this ,\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 in
such nclion.
PlnimitT Jbrc..::. 1< julltth <ild :.\.'\ crali:. Jcti:nd .111d hold
hannle s Oeli:ndants and 1\l.lllr nnd indi' idually. from an) and all l1ahilitit:s. claims.
of action. charge!>. appeab. compluints. obligmitllls. costs. losses. thm1ages. injuri..;s.
auomcts Cet:s. und kgal respnn::.i bi I i til::.- or form ur kind "hat sue' "hether '
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 any claims or
causes r action for breach nr contract. negligence. retaliation. harassment and lH Jiscrimination
based on . among other things. disahilit). handicap. 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 entire .. tgrc\.'mcnt umkrstanding between the
Parties. constitutes the complete. tina I and embmlimt:nt of their '' ith rcspl.!ct
to thc maner and supl..'rsedl.!s and replaces an) anc.l all prior agreements and
undcrsl ndings. both written and ural. concerning tht: nHlllt:r ht:rcor. 1 tcnns or thi:-;
Agrcen ent ure contructual and not mere rct.:itals. This 1\gn.:t:mcnt may not changed or
modili . except by a writing signed by the Panics hereto.
lJ. :-nis . "11i hL" gL\ lll..'ll L"lllbint.:J lll i...:r lo\\"s ,1t"
lhe Stntf: of Nc::'' Jerse) and shall not he consm1ed tor or against Puny hasi.!J on attribution
of druftln!! to nnv Pam.
\ 7- .;his t\grct:ment be \.'\eeutl.!cl in counterparts. and
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
t
8. Plaimiff hcrcb\ that if an' c\isl auainst thc Sc11kmcnt Sum. shl..'
. . -
will be obligate to and 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 this 1\grecmcnt. ad a claim is
madl! bi anvone to thm lien 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
to. go'rrnmental liens. Social Secunty liens. child support or liens. s liens.
mcc.litaJ provider liens. Medicare aml judgment PlaintilT agrees to indcmnif) and hold the
Oefendpnt:; and the NJ II F anu all or their insurancc carriers harmless in connection '' ith
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
e carriers by anyone sl.!cking payment or tht: liens. Plaimi!T" ill ln<kmnif) and hold the
Defend ms and NJIIF their insurance carriers harmless for nnv r.;uch lkns an<.l 'or <./e(endinl!
. ...
against uch a claim. including. but not limited. s rees. costs or suit. and imcrcsl.
n furtherance or the li.wegoing. Plainti tr sates as li.>l l<m s:
11 agree to satisf'y and personal ly guarantc..: for any unJ all including but
\lut iin1i ieu tu li..:ns by l:anil!r llr
em mental entity. int:luding but not limited 10 Medicare and/or Medicaid. thnt has
paid. or "ill pay. bcnelit:. tu me. nr an In) behalf. out nfthe monies
r:
ursuant to this Release. I runher to satisf) any nnd all child !:iuppon judgment
cns and unpaid medkul bills or any medical providcr or out or the proceeds of
1is settlement.
In recognition or my obligations to all such liens out nf the monies being paid
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ursuant to this Rclea::.e. I further agree to indcmni !) and defend you. yom attorneys and
our liability insurance carriers from nnd against 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 that I have
discussed this provision of' this Rclcasc \\ith my
, 9. Plaintiff rcprcsl.!nb and warrants that "he is not i\kdil:art: digiblc anti or enrolled
and has not (pursuant to . .Q t r.s.C. st395)(b) and the corresponding regulations)
mnde a conditional pi.l) mcnts lor n11.:dical scnicc:. or itcms provided to Plainti rr and arising
from or rclming to an) claim. accident. act. omission. boJily injury.
loss. or famagc'i that arc to the relca-;e herein. Thc Panics agree that all representations
and wa1 anties made hcn.:in sh:.tll suni\'e settlement. In consideration of the promises b)
.h.: Sen ng Ot:l"..:nd<t.nis i1i thi:-. but lld! It; the Sum to be
paid b) l hc :-.u11r pursuam to this Agreement. Plnintil'f thnt Plainurr shall bl.' responsible
lor satisfying any future claims f.or reimburscment of conditional pnymcnts that may be asst.!ncd
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 nnd or
liability o pay any current ivkdicar.: liens that ma) be to tht.: in.iury in question. Junhcr.
PluintiiT und/or her estate agree:. to pa) future l1ens th;1t arise that arc
dt:tCmlii1Cd to be related to the thm is the nfthc :\ction.
2p. l:ach Part) rcpn:scnts that it has hnu the to consult with an
and has lurcfull) rt!ad the .... and cllc<:t of thc pro\'isions of this
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and this Agreement or its own "ill. Puny to the has upon
rcprcscmations or statements matk by an) nthcr hereto "h1ch are not spcctllcally set lorth
in this t.gret:mt:nt. Parties unJcr::.tand ho'' this /\gn:cmcnt will affect thcir legul rights
and vorntaril y enter into this Agreement with such knowledge and understanding.
1]1. This Settlement is executed and '' ithout an) duress.
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) 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 sm:h c.lun . d:
(c) The) understand the terms and nr this and of' lht:
rclcasl:!s it conltlins: and
(d) Thcy an: full: of the legal and oimling dli:tt or this .:\g.rt:cmcnt.
JN WI TNESS \VJJ EREOF. Panics have I!X(!Cuted this t\grccment on the
dates sd forth bdo''.
' J>::61i

ri{JO-IWNI 5
Lorraim: Sekck). Plamt fl
'\c\\ 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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