Rivera v. Lawnside, New Jersey Superior Court Docket No. CAM

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STARK & STARK, P.C.
40 Lake Center Executive Park , Suite 130
401 Route 73 North
Marlton , New Jersey 08053
(866) 874-4443
Attorneys for Plaintiffs
By: Timothy J. McNamara , Esquire
SUPERIOR COURT OF NEW JERSEY
LISSETTE RIVERA, Administrator ad
Prosequendum and Administrator of the
CAMDEN COUNTY
Estate of Sergio Rivera, Deceased, and
LAW DIVISION
LISSETTE RIVERA, individually,
DOCKET NO.
Plaintiffs,
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CIVIL ACTION
V.
COMPLAINT AND JURY DEMAND
BOROUGH OF LAWNSIDE; WAYNE R.
BRYANT COMMUNITY CENTER A/K/A
(also known as) THE LAWN SIDE
COMMUNITY CENTER; MARK K.
BRYANT; JESSIE G. HARRIS; DWIGHT
DEMAND FOR ANSWERS
TO INTERROGATORIES
A. WILSON; CLINTON HIGGS, JR.;
WILLA COLETRANE; MARY ANN
WARDLOW; STEPHEN C. MOORE;
WALTER A. LACEY; CLIFFORD L.
STILL, SR.; JOHN DOES 1-10, fictitious
designation; and ROBERT ROES 1-10,
,..
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fictitious designation,
Defendants.
Plaintiffs, Lissette Rivera, Administrator ad Prosequendum and Administrator of the
Estate of Sergio Rivera, deceased, and Lissette Rivera, individually, residing at 932 B
North 201h Street, in the City of Camden, County of Camden, and State of New Jersey, by
way of Complaint, say:
FIRST COUNT
STARK & STARK
A rRcfGSSIONAL mnso7J.'nON
1.
Sergio Rivera, died intestate on April 13, 2009, in the County of Camden, and
Art ORNEYS AT LAW
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State of New Jersey.
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2.
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On June 3, 2009, Lissette Rivera applied to the Surrogate of Camden County
for a grant of Letters of Administration ad Prosequendum and Letters of Administration of
the Estate of Sergio Rivera, deceased.
3.
Sergio Rivera, left surviving, his parents, Lissette Rivera and Shilo Battle, and
his siblings, Sierra Rivera and Simanni Rivera, all of whom suffered loss of advice,
guidance, counsel, companionship and other pecuniary damage as a result of the death
of the plaintiffs decedent and this action is instituted for Lissette Rivera, Sierra Rivera and
Simanni Rivera's benefit.
4_
This action is commenced within two years of the death of Sergio Rivera.
5.
On or about April 12, 2009, plaintiffs decedent, Sergio Rivera, was invited
as a member of the public to attend a party which was authorized by defendants, Borough
of Lawnside; Wayne R. Bryant Community Center A/K/A (also known as) The Lawnside
Community Center; Mark K. Bryant; Jessie G. Harris; Dwight A. Wilson; Clinton Higgs, Jr.;
Willa Coletrane; Mary Ann Wardlow; Stephen C. Moore; Walter A. Lacey; Clifford L. Still,
Sr.; and John Does 1-10, fictitious designation_
6.
At present, the identity(ies) of Defendants, John Does 1-10, is unknown. As
such, John Does 1-10, is a fictitious designation, representing one or more individual(s),
sole proprietorship(s), association(s), limited partnership(s), general partnership(s), limited
liability company(ies), and/or corporation(s), which in any way owned, possessed,
controlled or maintained any part of the premises known as Wayne R. Bryant Community
Center A/K/A (also known as) The Lawnside Community Center.
STARK & STARK
A 171O1T&&MAL CORPDRA 000
ATTORNEYS ATLAW
7.
The party was open to young people as well as other members of the public
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for a fee and was authorized by defendants, Borough of Lawnside; Wayne R. Bryant
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Community Center A/K/A (also known as) The Lawnside Community Center; Mark K.
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Bryant; Jessie G. Harris; Dwight A. Wilson; Clinton Higgs, Jr.; Willa Coletrane; Mary Ann
Wardlow; Stephen C_ Moore; Walter A. Lacey; Clifford L. Still, Sr.; and John Does 1-10,
fictitious designation, on premises/property located at 323 East Charleston Avenue,
Lawnside, New Jersey.
8.
Defendants, Robert Roes 1-10, fictitious designations, were at all times
pertinent hereto acting as the servants, agents, and/or employees of defendants, Borough
of Lawnside; Wayne R. Bryant Community Center A/KJA (also known as) The Lawnside
Community Center; Mark K. Bryant; Jessie G. Harris; DwightA. Wilson; Clinton Higgs, Jr.;
Willa Coletrane; Mary Ann Wardlow; Stephen C. Moore; Walter A. Lacey; Clifford L. Still,
Sr.; and John Does 1-10, fictitious designation.
9.
At all times pertinent hereto, defendants, Borough of Lawnside; Wayne R.
Bryant Community Center A/K/A (also known as) The Lawnside Community Center; Mark
K_ Bryant; Jessie G. Harris; DwightA:' Wilson; Clinton Higgs, Jr.; Willa Coletrane; Mary Ann
Wardlow; Stephen C. Moore; Walter A. Lacey; Clifford L_ Still, Sr.; John Does 1-10,
fictitious designation; and Robert Roes 1-10, fictitious designation, owned or leased,
operated, managed, maintained, controlled and/or supervised property/premises located
at 323 East Charleston Avenue, in Lawnside, County of Camden and State of New Jersey.
10.
At all times pertinent hereto, defendants, Borough of Lawnside;: Wayne R.
Bryant Community Center A/K/A (also known as) The Lawnside Community Center; Mark
K. Bryant; Jessie G. Harris; DwightA. Wilson; Clinton Higgs, Jr.; Willa Coletrane; Mary Ann
Wardlow; Stephen C. Moore; Walter A. Lacey; Clifford L. Still, Sr.; John Does 1-10,
STARK & STARK
A PIIOILS%IOMAL CorU`9rtnnfki
fictitious designation; and Robert Roes 1-10, fictitious designation, held themselves out to
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members of the public as providing a safe and secure environment for social outings,
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dances and parties.
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11.
At all times pertinent hereto, defendants, borough of Lawnside; Wayne R.
Bryant Community Center A/K/A (also known as) The Lawnside Community Center; Mark
K. Bryant; Jessie G. Harris; DwightA. Wilson; Clinton Higgs, Jr.; Willa Coletrane; Mary Ann
Wardlow; Stephen C. Moore; Walter A. Lacey; Clifford L_ Still, Sr.; John Does 1-10,
fictitious designation; and Robert Roes 1-10, fictitious designation, were charged with the
responsibility of insuring the safety of guests attending the aforesaid social outings, dances
and parties and failed to do so.
12.
On or about April 12, 2009, members of the public, including many young
people, were permitted to enter the property/premises located at 323 East Charleston
Avenue, Lawnside, New Jersey, which were inadequately supervised by defendants. This
dangerous situation created and induced unruly and aggressive behavior on the part of
members of the public in attendance.
13.
On or about April 12, 2009, a disturbance erupted at the aforesaid
property/premises. Thereafter, the young unruly crowd became boisterous, and prone to
violent action, all of which conduct defendants, Borough of Lawnside; Wayne R. Bryant
Community Center A/K/A (also known as) The Lawnside Community Center; Mark K.
Bryant; Jessie G. Harris; Dwight A. Wilson; Clinton Higgs, Jr.; Willa Coletrane; Mary Ann
Wardlow; Stephen C. Moore; Walter A. Lacey; Clifford L. Still, Sr.; John Does 1-10,
fictitious designation;
and Robert Roes 1-10, fictitious designation, knew or should have
known. Subsequently, young unruly persons started fighting and engaging in other violent
action with patrons attending the party. Plaintiffs' decedent, Sergio Rivera, was forcefully
STARK & STARK
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and violently attacked by assailants and one of the assailants shot him, causing his death.
ATTORN&Y5 AT LAW
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Plaintiff, Sergio Rivera was caused to suffer bodily injuries which resulted in a permanent
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loss of a bodily function and resulted in his death.
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14. The negligence of defendants, Borough of Lawnside; Wayne R. Bryant
Community Center AIK/A (also known as) The Lawnside Community Center; Mark K.
Bryant; Jessie G. Harris; Dwight A. Wilson; Clinton Higgs, Jr.; Willa Coletrane; Mary Ann
Wardlow; Stephen C. Moore; Walter A. Lacey; Clifford L. Still, Sr.; John Does 1-10,
fictitious designation; and Robert Roes 1-10, fictitious designation, also consisted of the
following:
a)
In permitting a young unruly crowd to enter into and remain on the premises
even though defendants knew or had reason to know that they should not have rented out
this premises for this party to take place;
b)
In permitting a young unruly crowd to enter into and remain on the premises
when defendants knew or had reason to know that on prior occasions that young and
unruly crowds had become boisterous, and prone to violent action toward patrons
attending parties at this location;
c)
In permitting a young unruly crowd to enter into and remain on the premises
without first ensuring that no member of this young unruly crowd was armed with any.
weapons which could harm patrons attending the dance;
d)
In permitting a young unruly crowd to remain on the premises after they had
become boisterous, and had engaged in violent action towards the patrons on April 12,
e)
In failing to aid or attempting. to aid plaintiffs decedent, Sergio Rivera, while
he was being assaulted, shot, and violently attacked by assailants;
STARK & STARK
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In failing to immediately contact emergency medical personnel to render aid
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to plaintiffs decedent, Sergio Rivera, after he was assaulted, shot and violently attacked
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In failing to immediately contact police personnel to aid or attempt to aid
plaintiff's decedent, Sergio Rivera, while he was being assaulted, shot, and violently
attacked by assailants; and
h)
In failing to exercise reasonable care and caution to protect plaintiffs
decedent, Sergio Rivera, from the assault, shooting, and violent attack of the assailants.
15.
Plaintiffs decedent left surviving him those who suffered a loss of advice,
guidance, counsel, companionship and pecuniary damages by the wrongful causing of his
death, and this action is brought within the time pursuant to statutes in such cases made
and provided.
16.
Subsequent to plaintiff decedent's death, plaintiffs have been caused and will
be caused to pay large sums of money for medical and funeral expenses, in excess of
three thousand and six hundred dollars ($3,600.00), and have been caused to lose large
sums of money due to plaintiffs decedent's inability to work and have suffered loss of
advice, guidance, counsel, companionship, and pecuniary damages as a result of the
death of plaintiffs decedent.
17.
Plaintiffs have complied with all conditions set forth in N.J.S.A. 59;$ -1, et al_
WHEREFORE, plaintiff, Lissette Rivera, Administrator ad Prosequendum and
Administrator of the Estate•of Sergio Rivera, deceased, demands judgment against
defendants, Borough of Lawnside; Wayne R. Bryant Community CenterA/K/A (also known
as) The Lawnside Community Center; Mark K. Bryant; Jessie G. Harris; Dwight A. Wilson;
Clinton Higgs, Jr_; Willa Coletrane;
STARK & STARK
A PROT1SSJONAL COWQMTION
Mary Ann Wardlow; Stephen C. Moore;
Walter A.
Lacey; Clifford L. Still, Sr.; John Does 1-10, fictitious designation; and Robert Roes 1.10,
ATTORNEYS AT LAW
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fictitious designation, jointly, individually, and in the alternative on the First Count for
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damages, interest and costs of suit_
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SECOND COUNT
1,
The allegations of the First Count are incorporated herein by reference.
2.
As a result of the (a) negligence and/or (b) breach of warranties and/or (c)
creation and maintenance of a nuisance, by defendants, Borough of Lawnside; Wayne R.
Bryant Community Center A/K/A (also known as) The Lawnside Community Center; Mark
K. Bryant; Jessie G. Harris; DwightA. Wilson; Clinton Higgs, Jr.; Willa Coletrane; MaryAnn
Wardlow; Stephen C. Moore; Walter A_ Lacey; Clifford L. Still, Sr_; John Does 1-10,
fictitious designation; and Robert Roes 1-10, fictitious designation, plaintiffs decedent,
Sergio Rivera, suffered severe, painful bodily injuries, said injuries eventuating in his death,
suffered great pain, physical and mental suffering and was prevented from attending to his
lawful affairs and occupation and incurred diverse expenses for hospital and medical
attention and for funeral services.
WHEREFORE, plaintiff, Lissette 'Rivera, Administrator ad Prosequendum and
Administrator of the Estate of Sergio Rivera, deceased, demands judgment against
defendants, Borough of Lawnside; Wayne R. Bryant Community Cent erAJKIA (also known
as) The Lawnside Community Center; Mark K. Bryant; Jessie G. Harris; Dwight A. Wilson;
Clinton Higgs, Jr.; Willa Coletrane; Mary Ann Wardlow; Stephen C. Moore; Walter A.
Lacey; Clifford L. Still, Sr.; John Does 1-10, fictitious designation; and Robert Roes 1l-10,
fictitious designation, jointly, individually, and in the alternative on the Second Count for
damages,:.interest and costs of suit.
THIRD COUNT
STARK & STARK
A IROI'CY~OMAL COMIORA710N
A7TQRNaY$AT LAW
1.
At all times mentioned herein plaintiff, Lissette Rivera was the natural parent
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of Sergio Rivera, deceased and Sierra Rivera and Sinianni Rivera were his siblings.
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2.
The allegations of the First and Second Counts are incorporated herein by
reference.
3.
As a result of the negligence of the foregoing defendants, plaintiffs, Lissette
Rivera, Sierra Rivera and Simanni Rivera have been deprived of the services, earnings,
companionship, care, guidance, counsel and advice of Sergio Rivera, deceased.
WHEREFORE, plaintiffs, Lissette Rivera, Administrator ad Prosequendum and
Administrator of the Estate of Sergio Rivera, deceased, and Lissette Rivera, individually,
demands judgment against defendants, Borough of Lawnside; Wayne R. Bryant
Community Center AIKIA (also known as) The Lawnside Community Center; Mark K.
Bryant; Jessie G. Harris; Dwight A. Wilson; Clinton Higgs, Jr.; Willa Coletrane; Mary Ann
Wardlow; Stephen C. Moore; Walter A. Lacey; Clifford L. Still, Sr.; John Does 1-10,
fictitious designation; and Robert Roes 1-10, fictitious designation, jointly, individually, and
in the alternative on the Third Count for damages, interest and costs of suit.
STARK & STARK
A Professional Corporation
Attorneys for, Plaintiffs
By.
'
TIMOTHY J_ MCNAMARA, ESQUIRE
Dated: April 8, 2011
JURY DEMAND
Plaintiffs, Lissette Rivera, Administrator ad Prosequendum and Administrator of the
Estate of Sergio Rivera, deceased, and Lissette Rivera, individually, hereby demand a trial
STARK & STARK
by jury as to all issues.
, I OUW3I NAL 2ORPOR11ON
ATTORNEYS AT LAW
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CERTIFICATION
Pursuant to the provisions of Rule 4:5-1, the undersigned attorneys certify that this
matter is not the subject of any other action pending in any court or arbitration proceeding,
nor is any other action or arbitration proceeding contemplated, and all known necessary
parties have been joined in this action.
DESIGNATION OF TRIAL COUNSEL
Pursuant to the provisions of Rule 4:25-4 the Court is advised that Timothy J.
McNamara, Esquire, is hereby designated as trial counsel.
DEMAND FOR ANSWERS TO INTERROGATORIES
& SUPPLEMENTAL INTERROGATORIES
Plaintiffs, Lissette Rivera, Administrator ad Prosequendurn and Administrator of the
Estate of Sergio Rivera, deceased, and Lissette Rivera, individually, demand that
defendants, Borough of Lawnside; Wayne R. Bryant Community CenterA/K/A (also.known
as) The Lawnside Community Center; Mark K. Bryant; Jessie G. Harris; Dwight A. Wilson;
Clinton Higgs, Jr.; Willa Coletrane; Mary Ann Wardlow; Stephen C. Moore; Walter A.
Lacey; Clifford L. Still, Sr.; John Does 1-10, fictitious designation; and Robert Roes 1-10,
fictitious designation, provide answers to interrogatories as follows:
FORM C, FORM C(1) and FORM 0 UNIFORM INTERROGATORIES as set forth
in Appendix II of the New Jersey Court Rules effective September 1, 1998.
SUPPLEMENTAL INTERROGATORIES #1-26.
STARK & STARK
A Professional Corporation
Attorneys for Plaintiffs
STARK & STARK
A POOI ESSIONAL CO l00Mi ON
ATT0RNEYS AT LAW
By:
$01 R.$ 73 0,011,
J
TIMOTHY J. MCNAMARA, ESQUIRE
40 L,Pt Cwu Exo[mW3 PSOI
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Dated: April 8, 2011
-9-
SETTLEMENT AGREEMENT AND GENERAL RELEASE
This General Release, dated
is given
BY the Releasor(s) LISSETTE RIVERA, individually, and LISSETTE RIVERA as
Administrator ad Prosequendum and Administrator of the Estate of
Sergio Rivera,
referred to as "I" and/or "Releasor(s)"
TO the Releasee(s)
BOROUGH OF LAWNSIDE, WAYNE R. BRYANT COMMUNITY '
CENTER A/K/A (also known as) THE LAWNSIDE COMMUNITY
CENTER; MARK K. BRYANT; JESSIE G. HARRIS; DWIGHT A.
WILSON; CLINTON HIGGS, JR.; WILLA COLETRANE; MARY
ANN WARDLOW; STEPHEN C. MOORE; WALTER A. LACEY;
CLIFFORD L. STILL, SR.,
referred to as "You" and/or "Releasee(s)"
If more than one person signs this General Release, "I" shall mean each person who signs this
General Release.
The word "You" shall include the aforementioned entities and individuals as well as their
corporate predecessors and/or successors; subsidiaries; parents; affiliates; officers; stockholders;
employees; former employees; representatives, whether past or present; agents; attorneys; and
assigns.
RECITALS
WHEREAS Releasor(s) filed a lawsuit entitled Lissette Rivera, hi her own right and
Lissette Rivera as Administrator ad Prosequendum and Administrator of the Estate of
Sergio Rivera v, Borough of Lawnside, et al., Docket No.: CAM-L-1832-11, ("the Lawsuit");
WHEREAS, Releasee(s) deny responsibility for any damages suffered by the Releasor
and deny that Releasee(s) acted improperly at any time;
WHEREAS, the parties, without any admission of liability by either party, and in order
to avoid the expense and inconvenience of further litigation, desire to settle and compromise the
claims and controversies among them with respect to the Lawsuit and terminate Releasor's
claims against Releasee(s) in the Lawsuit.
I 1801247r.t
NOW THEREFORE, in consideration of the covenants, agreements and understandings
hereinafter contained, and other good and valuable consideration, the sufficiency and adequacy
of which is hereby acknowledged, the parties hereto, intending to be legally bound, AGREE as
follows:
1.
RELEASE: I release and give up any and all present, past, and future claims
and/or rights, whether known or unknown, which I may have against you. This General Release
applies, but is not limited to, the following claims: claims for New Jersey state or U.S. federal
constitutional violations; claims for attorneys' fees; claims for consequential damages; claims for
punitive damages; claims for compensatory damages; claims for negligence; claims for civil
rights violations; claims for fraud; claims for injunctive relief and/or breach of any duty imposed
by statute, constitution, common law, or administrative rule or regulation. I specifically release
the following claims:
All claims arising out of the incident referred to in plaintiffs'
Complaint including, but not limited to, all claims which were
asserted in, should have been asserted in, or could have been
asserted in, the lawsuit captioned entitled Lissette Rivera, in her
own right and Lissette Rivera as Administrator ad
Prosequendum and Administrator of the Estate of Sergio Rivera
v. Borough of Lawnside, et al., Docket No.: CAM-L-1832-11, but
not limited to, claims for retaliation, negligence, civil rights
violations, constitutional violations, attorney's fees, and/or claims
of any type,
I agree that all claims against the Releasee(s) as set forth in the lawsuit captioned above
shall be dismissed with prejudice. All claims for attorney's fees are also expressly released in
their entirety. It is intended that this General Release be interpreted in accordance with NeW
Jersey law.
2.
PAYMENT: In exchange for the execution of this Settlement Agreement and Release
and dismissal of the lawsuit with prejudice, Releasee(s) agree to pay Releasor(s) the sum total Of
one hundred and twenty-five thousand dollars ($125,000.00) (hereinafter referred to as the
"Settlement Funds") to Lissette Rivera as follows within thirty days of the delivery of an
executed copy of this Agreement. The foregoing payment shall be delivered via overnight mail,
hand delivery or certified mail to Michael Foster, Esquire ; STARK & STARK, 401 Lake Center
Executive Park, Suite 130, Marlton, NJ 08053.
I aaree that I will not seek anything further including any other payment from you and
that any and all claims for attorney's fees have also been released.
3.
WHO IS BOUND: I am bound by this General Release. Anyone who succeeds
to my rights and responsibilities, such as my heirs or the executor of my estate, is also bound.
This General Release is made for your benefit and all who succeed to your rights and
responsibilities, such as your heirs or the executor of your estate, corporate successors or assigns.
I 1804247v.I
If this General Release is made by a corporation its proper corporate officers sign and its
corporate seal is affixed.
4.
NO ADMISSION OF LIABILITY OR FAULT: The payments described
above are not an admission of liability by or their agents, employees, representatives, officers,
stockholders, attorneys, insurance carriers, or corporate successors or predecessors. Releasee(s)
deny any liability and, by their payment in settlement, intend merely to avoid litigation and to
buy their peace.
5.
THIS RELEASE IS A CONTRACT: The terms of this General Release are
contractual and not a mere recital. I expressly assume the risk of loss arising from any and all
claims which exist as of this date or which may arise in the future but of which I do not know or
suspect to exist and which, if known, might materially affect my decision to enter into this
General Release.
6.
CONFIDENTIALITY. :t is agreed and understood that it is the intent of this
Agreement and all parties hereto that the terms and conditions of this Agreement, the identitip
of the parties to this Agreement, the amount of the payment, all information learned or obtaine.d
in the Lawsuit, the facts of the Lawsuit, and any allegations related thereto, and all documents
obtained in the Lawsuit shall remain STRICTLY CONFIDENTIAL and the parties further
understand and agree that this confidentiality is a material term of this Agreement in exchange
for consideration. The amount of payment, such documents, and all information contained
therein shall not be admissible, nor be referred to, directly or indirectly, in other litigation, or to
any third parties, except by compulsion from a court of competent jurisdiction or by written
permission of all parties. In this pledge of confidentiality, I agree to keep confidential both
specific references and general descriptions from which it woeld be reasonably likely for a
person to adduce, infer or estimate the particular confidential information. In the event that
inquiries are made concerning the parties' reiationship, the Lawsuit, or this Agreement, the
response to such inquiries shall be that the parties have resolved their differences. Further, I
agree that I will not engage in any action or conduct that will damage or disparage the name,
business, or reputation of any of the parties to the Lawsuit, whether such disparagement is
undertaken unilaterally or in response to questions or solicitations by others, except by
compulsion a a court of competent jurisdiction. The only exception to this confidentiality
agreement is that the terms of this Agreement may be disclosed under seal to the probate court,
government entity, to bank personnel as necessary to deposit the funds involved in this
settlement, and to fife tax returns. I agree for myself and my attorneys to undertake my be ist
efforts to ensure that such firms, persons and corporations will be advised of the requirement of
confidentiality concerning this settlement. Furthermore, I will neither enccurage, solicit, nor
cooperate in any claim, action, suit, investigation or litigation arising out of or regaeding the
operation, action, activities or conduct of any of the parties to the Lawsuit, except to the extent
compelled by legal process. The attorney for Releasor(s) has specifically instructed Releasor(s)
as to the meaning of the above confidentiality provision. I further agree to instruct my counsel to
abide by the terms of this confidentiality agreement and I understand and agree that any breach
of this confidentiality provision by my counsel shall be deemed a breach by Releasor(s). I agree
that any breach of this confidentiality provision will constitute a violation of the terms of this
Release and will result in a full refund of the Settlement Funds.
III:104247v I
It is further understood and agreed that the provision in the paragraph above, commonly
known as a "Confidentiality Clause", is part of the consideration for the within Agreement, that a
breach of this provision is to be construed as a material breach of the entire Agreement, and that
the terms of this paragraph are contractual and not a mere recital.
It is expressly understood by the parties that one-hundred dollars ($100.00) of the total
Settlement Amount has been allocated as consideration for the above confidentiality clause.
7,
CAREFUL REVIEW AND UNDERSTANDING OF AGREEMENT. I
represent that I have carefully read this Agreement and understand the terms and conditions to
the Agreement without reservation or exception. I acknowledge that I have had ample
opportunity to consult with legal counsel of my choice regarding this Agreement, have not relied
on any representations or statements of the Releasee or its counsel with respect to the subjedt
matter of this Agreement, and understand that I am relinquishing and releasing in its entirety the
claims I have or may have against Releasee in the Lawsuit or relating to the claims referenced in
the Lawsuit.
8.
BINDING EFFECT. This Agreement shall be binding upon and inure to the
benefit of the Parties and their heirs, legal representatives, attorneys, shareholders, office9,
directors, employees, agents, divisions, parent companies, subsidiaries or affiliated corporations,
successors, and assigns.
ACKNOWLEDGMENT OF CONSIDERATION. The Parties acknowledge
9.
that the covenants contained in this Agreement provide good and sufficient consideration for
every promise, duty, release, obligation, and right contained in this Agreement.
10,
INTEGRATION CLAUSE. The provisions of this Agreement comprise all of
the terms, conditions, agreements, and representations of the Parties respecting the Lawsuit and
the settlement and dismissal of the Lawsuit. This Agreement may be amended only by in
instrument in writing executed joinCy by the Parties. All representations and promises made by
any party to another, whether in writing or orally, concerning the claims, the Lawsuit, and the
settlement and dismissal of the Lawsuit are understood by the Parties to be merged into the
Agreement.
11.
NO ADMISSION. It is fully understood by the Parties that this Agreemen't
constitutes a settlement of disputed claims in order avoid further trouble, litigation, and expense,
and that nothing herein shall constitute or imply an admission of liability of any kind or character
by the Parties, which such liability is expressly denied.
SIGNATURES: I understand and agree to the terms of this General Release.
12.
The undersigned acknowledges that they have read this General Release, that they have had the
benefit of consultation with their attorneys in connection therewith and that they understand all
of its terms and executes it voluntarily and with full knowledge of its significance and
consequences thereof.
This Release may be executed in counterparts. all of which together shall constitute a single
agreement. Each counterpart shall have the same force and effect as an original and shall
constitute a binding Release on the part of each of the undersigned. A facsimile or .pdf signature
-4118042:17v, I
1
shall be deemed an original signature. Each of the undersigned parties hereby warrants and
represents that the person executing this Release on its behalf is fully authorized to do so,
13. NO ATTRIBUTION QF SETTLEMENT AGREEMENT TO ANY PARTY
AS DRAFTER. No Party shall be attributed to or deemed to he the drafter of this Release or of
any particular provision(s) thereof, and no part of this Release shall be construed against any
either Party.
14,
PAYMENT OF ALL MEDICAL BILLS. The Releasers hereby agree to hold .
harmless and indemnify Releases with regard to any claim for payment of medical bills incurred,
as a result of the incident referred to in plaintiffs' Complaint.
MEDICARE AFFIRMATION AND HOLD HARMLESS FROM LIENS.
15.
Releasors are making this Release to comply with the Medicare, Medicaid and Schip Extension
Act of 2007. Pursuant to Section 111 of the Medicare, Medicaid and Schip Extension Act of
2007, Releasers certify that they have not received any benefits whatsoever from Medicare fdr
any of the injuries sustained by them as a result of the accident.
The Releasors state and affirm that neither Lissette Rivera nor Sergio Rivera are
Medicare recipients at or since the date of the incident referred to in plaintiffs' Complaint.
Releasers state and affirm that no medical bills were paid by or submitted to Medicare.
Releasors agree if Medicare asserts that any such bills were submitted and paid, such bills will be
satisfied from the proceeds of this Release.
Releasers agree that any and all liens, including but not limited to Worker's'
Compensation, Medicare, Medicaid, health insurer as well as any and all past, current or future
medical bills will be satisfied out of the proceeds of this settlement. Releasers agree to indemnify
and hold harmless Releasee from any liens asserted against it by anyone, including but not
limited to Medicare, Medicaid, Workers' Compensation carriers, health care providers, hospitalS,
insurers or attorneys, for medical bills, medical expenses, lost earnings, payments, attorney liens,
attorneys fees, costs, subrogation claims or liens.
ATTORNEYS' FEES. To the extent that any disputes may arise between the
16.
Parties concerning the performance of the Parties under this Release, the prevailing party shall be
entitled to reasonable attorneys' fees and costs incurred in connection with any arbitration or
judicial adjudication of the dispute.
SUCCESSORS. This Release shall be binding on, and inure to the benefit of, the
17.
Parties and their representatives, partners, successors, assigns, managers, members, officer's,
directors, administrators, agents, servants, shareholders, employees and heirs.
GOVERNING LAW. This Release shall be governed by and construed in
18.
accordance with the laws of the State of New Jersey without reference to any choice of law or
conflict of law provisions or rules.
NO OUTSTANDING CHILD SUPPORT. I hereby certify that I and my
19.
attorney of choice, Michael H. Foster, Esquire, have fully satisfied any and all obligations
-5: so.42.47v.1
imposed by New Jersey statute with respect to searches of child support judgments and
satisfactions thereof including, but not limited to, N.J.S.A. 2A:17-56.23(b). I hereby further
warrant and certify that my attorney has initiated a search of child support judgments through a
private judgment search company that maintains information on child support judgments and
either I am not a child support judgment debtor, or in the event a child support debt exists, I have
contacted the Probate Division of the St:perior Court to arrange for the satisfaction of the child
support judgment. In such latter event I shall undertake to notify released parties herein and their
counsel of my intent to satisfy the child support judgment prior to the disbursements of any funds
herein recited. Upon receipt of a warrant of satisfaction for the child support judgment, ',shall
notify you of the balance, if any, of the settlement which shall then be delivered to me in keeping
with this agreement. I specifically undertake to indemnify and defend all released parties herein
and their counsel with respect to any claim by any individual, entity or governmental authority
with respect to any alleged failure to satisfy any child support judgment or obligation.
[Signatures appear on the next page].
-6I 3042.17v. I
CAUTION: READ BEFORE SIGNING.
FULL, FINAL, AND COMPLETE RELEASE.
THIS RELEASE AND AGREEMENT ENDS ALL CLAIMS.
I HAVE READ THE FOREGOING RELEASE AND AGREEMENT AND FULLY
UNDERSTAND AND ACCEPT IT.
V.A.11461-2-1"t2P—
SSETTE RIVERA as Administrator ad Prosequendum and Administrator of the Estate of
Sergio Rivera
Before rue, the undersig eo Notary P hI in and for the State of New Jersey, on this day
known
personally appeared .
ose names are sucscribe u to the foregoing instrument, and
to me to be the persons
acknowledged CO me that he/she executed the same in the capacity therein stated and for the
purposes and consideration therein expressed.
day o
,C&
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this /(7
2013
_1
(14.)40
lidor
Print, Tye or Stamp Name of Notary
My Commission Expires:
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-7I IS0,17117v.t