,LV LWZ d FAX 7327% A02 millat Tranger LaW - "4 " ariont-401 a014/024 Case 3:12-cv-06067-FLW-LHG Document 1 Filed 09127/12 Page 1. at 11 PagelD; 1. THOMAS J. MALLON, ESQ. Attorney-at-Law 86 Court Street Freehold, NJ 07728 (732) 780-0230 Attorney for Plaintiff George Haue GEORGE HATZE UNITED STATES DISTRICT COURT DISTRICT COURT OF NEW JERSEY TRENTON Plaintiff; vs. Civil Action No.: - BOROUGH OF SEASIDE HEIGHTS; THOMAS BOYD, Chief of Police; DETECTIVE STEPHEN KORMAN, SERGEANT JAMES HANS, SERGEANT RICHARD ROEMMELE, ) COMPLAINT JOHN DOES 6-10, Personnel of the Seaside Heights Police Department in supervisory capacities; ROBERT MacFARLANE and JOHN DOES 1 5, members of the Seaside Heights Police Department, - Defendants. JURISDICTION I. This action is brought pursuant to 42 U.S.C, Section 1983 and in accordance with the Fourth and Fourteenth Amendments of the Constitution. of the United States of America. Jurisdiction is conferred under 28 U.S.C. Section 1331 and Section 1343(3). VT/120 3IVd SAeI31D 8060EBLZEL BE :6E :TOZ/IT/OT Lo rAA /.1 - 7 JVQ2 Kailon & Trminet yrw arch—gel 21015/024 Case 3!12-ev-06067-PLW-LHG Document 1. Flied 09/27/12 Page 2 of 11 PagelD: 2 PARTIES 2. Plaintiff George flame, residing at 616 Loxley Drive, Toms River, NJ, 08753, is and was, at all times herein relevant, a citizen of the United States and a resident of the State of New Jersey. 3, Defendants Richard Roemmele, Robert MacFarlane and John Does 1.5 were at all times mentioned herein duly appointed and acting police officers of the Seaside Heights Police Department and at all times herein were acting in such a capacity as the agents, servants and/or employees of the Borough of Seaside Heights and were acting under the color of law_ 4. Defendants Chief of Police Thomas Boyd; Stephen Korman; James Hans; Richard Roezrunele, and/or John Does 6 10 were at all times mentioned herein duly appointed and acting - members of the Seaside Heights Police Department and at all times herein were acting in such capacities as the agents, servants and/or employees of the Borough of Seaside Heights and were acting under the color oflaw. S. Defendants Chief of Police Thomas Boyd; Stephen Korman; James Hans; Richard Romnmele, and/or John Does 6-10 were acting in supervisory capacities over Defendants Korman; Halls; Roernmele; MacFarlane, and/or John Does 1-10 and responsible by law for the training, supervision and conduct of Defendants Korman; Hans; Roernmele; MacFarlane, and/or John Does 1-10. 6. Defendant Borough of Seaside Heights is a duly designated municipality of the state of New Jersey, under the laws of the state of New Jersey. 7. At all times relevant hereto, Defendant Borough of Seaside Heights employed the aforementioned Defendants. As such, it was responsible for the training, supervision and conduct of Defendants Boyd; Korman; Hans; Roemniele; MacFarlane, and/or John Does 1-10. tI/S0 39V6 SEIEEIEGLZEL 80:64 -6TOZ/TT/4T 4002 MalIon & Trange Law arch„..,gel W;1, 16/0Z4 Case 3:12-ev-06067-FLW-LNG Document 1 riled 09/27/12 Page 3 of 11 PagelD: 3 S. Suit is brought against all individually named Defendants in their personal and official capacities. EASILCAL, 1, on 7/4/12, Plaintiff George Hatze was at the Seaside Heights boardwalk with his family. 2, Defendant MacFarlane ran his bicycle into Plaintiff and his family, including Plaintiff's 8 year old daughter. 3. Plaintiff asked Defendant why he had run into Plaintiff and his family with his bicycle. 4, Defendant MacFarlane denied having run into Plaintiff and his family with his bicycle. 5. Plaintiff told Defendant MacFarlane that he was there to watch the fireworks with his family and Defendant MacFarlane told Plaintiff that this is not a family place." 15. Defendants John Does 1-5 arrived, and Plaintiff was assaulted with massive force and without justification by Defendants MacFarlane and/or John Does 1-$, 7. Specifically, Plaintiff was macedr, taken to the ground and hit and kneed in the back and body. 8. Plaintiff was arrested and charged with Aggravated Assault, Disorderly Conduct and Resisting Arrest. 9, The charges filed against Plaintiff were all resolved in Seaside Heights municipal court. 10, Plaintiff sustained various injuries related to this incident all caused by the excessive force utilized by Defendants MacFarlane and/or John Does 1-5. 11. Specifically, Plaintiff was diagnosed with a compression fracture in his back which may require surgery to repair. VT/90 3Vd SAe1310 9060E6LZEL 80:60 ZTO M/UT P V wrmiager 1,4w 4raL _0;01 e1017/024 Case 3:12-ev-06067-FLW-LHO DOotimerit 1 Piled 09/27/12 Page 4 of 11 PagelD: 4 5ECTION 1983 EXCE5S1VE FORCE COUNT OISE 1. The previous paragraphs are incorporated herein inclusively as if fully set forth, 2. As a direct and proximate result of the above-referenced unlawful and malicious physical abuse of Plaintiff hy Defendants Roernmele, MacFarlane and/or John Does 1-5 committed under color of state law, Plaintiff sustained bodily harm and was deprived of his rights to be locum in his person against unreasonable seizure of his person, in violation of the Fourth and Fourteenth Amendments of the Constitution of the United States and U.S.C. Section 1983, 3. As a direct and proximate cause of the malicious and outrageous conduct of Defendants as set forth above, Fla ntiff suffered bodily injuries: emotional distress; medical expenses; lost wages, and will suffer additional special damages in the future in an amount which cannot yet be determined. WEEREFORE, Plaintiff George Flatze demands judgment against Defendants Richard Roernmele; Robert MacFarlane and John Does 1-5, on this Count together with compensatory and punitive damages, attorney's fees, interest and costs of suit incurred, and for any such further relief as the court deems proper and just. SECTION 1983 FAILURE TO INTERVENE OUT TWO 1. The previous paragraphs are incorporated herein inclusively as if fully set forth. 2. Defendants MacFarlane and/or John Does 1-5 were Seaside Heights Police Officers and at all times mentioned herein were acting under color of state law, 3. Defendants MacFarlane and/or John Does 1-5 had a duty to intervene in the unjustified assault Of Plaintiff by Defendants MacFarlane and/or John Does 1-5, vT/Le 39Vd SAE10 3060E5LZEL 8e =5O ZTOZITTIOT rrangor Mall On IAA Leoff 6664 4t6hangol 0016/024 Case 3:12-car-06067-FLW-LHG Document 1 Filed 09/27/12 Page 5 of 11 Pagel!): S 4, The unjustified assault of Plaintiff by Defendants MacFarlane and/or John Does 1-5 deprived Plaintiff of his right to be secure in his person against unreasonable seizure in violation of the Fourth and Fourteenth Amendments of the Constitution of the United States and made actionable through 42 U.S.C. Section 1983. 5, Defendants MacFarlane and/or John Does 1-5 had a reasonable opportunity to intervene in the unjustified assault of Plaintiff by Defendants MacFarlane and/or John DOC8 1-5 and failed to intervene. 6, As a direct and proximate cause of Defendants' MacFarlane and/or John Does 1-5 failure to intervene, Plaintiff suffered physical injury; emotional distress; lost wages, and medical expenses and will suffer additional special damages in the future in an amount which cannot yet be determined. WHEREFORE, Plaintiff George liatze demands judgment against Defendants Robert MacFarlane and Sohn Does 1-5 on this Count together with compensatory and punitive damages, attorney's fees, interest and costs of suit incurred, and for any such further relief as the court deems proper and just. SECTION 1983 SUPERVISORY LIABILIT COUNT THREE 1. The previous paragraphs are incorporated herein inclusively as if fully act forth. 2. Defendants Richard Roemmele, John Doe 2 and/or John Does 6-10 were supervisory officials and/or officers in charge at the time Plaintiff was arrested and assaulted, 3. Defendants Itocinmele, John Doe 2 and/or John Does 6-10 had a duty to prevent subordinate officers Defendants Roemmele, MacFarlane and/or John Does 1-5 from violating the constitutional rights of citizens and/or arrestees. tI/80 39Vd 8060EBLZEL 80:60 ZIK/TWIDT '.V J-4 a ads FAx 732 ,5002 gallon & Traeger Law 041.7131. r.4 019/Q24 Case 3:12-w-06067-FLW-LI-IG Document 1 Filed 09/27112 Page 6 of 11 PagelD: 6 4. Defendants Roemmele, John Doe 2 and/or John Does 6-10 either directed Defendants koemmele, lvlacFarittne and/or John Does 1-5 to violate Plaintiff's constitutional rights or had knowledge of and acquiesced in his/their subordinates violations. 5. As a direct and proximate result of the acts of Defendants Roemmele, John Doe 2 and/or John Does 6-10 as set forth heroin, Plaintiff suffered physical injury; emotional distress; lost wages, and medical expenses, and will suffer additional special damages in the future in an amount which calmed yet be determined in connection with the deprivation of his constitutional rights guaranteed by the Fourth and Fourteenth Amendments to the Constitution of the United States and protected by 42 U.S.C. Section 1983. WHEREFORE, Plaintiff George Hatze demands judgment against Defendants Richard Roernmele, John Doe 2 and/or John Does 6-10 on this Count together with compensatory and punitive damages, attorney's fees, interest and costs of suit incurred, and for any such further relief as the court deems proper and just. SECTION 1953 tnsrLAwFUL CUSTOM PRACTIC OL TRAINING CQUNT POUR 1 INADJ_KQUATE 1. The previous paragraphs are incorporated herein inclusively as if fully set forth. 2. Defendants Borough of Seaside Heights Police Department; Boyd; Korman; Hans; koommele, and/or John Does 6-10, are vested by state law with the authority to make policy on (1) the use of forces internal affairs investigations and/or administrative reviews pursuant to Seaside Heights Police Department policies, practices and/or customs and/or the New Jersey Attorney General's Use of Force and/or Internal Affairs Guidelines; (2) effectuating arrests; (3) police citizen encounters, and/or (4) disciplining officers. Defendants Boyd; Korman; Hans; Roemmele, and/or John Does 6- 10 are responsible for training Police Officers in the use of force and/or were officers 17T /60 39Vd 80150E6LZEL 80:6L TN'/TT/8T V V .4 4. LIZ 134 l FAX 7327o05002 Mal),Q11 b TrEtriget Loh* archarlqe1 Qpi:12/024 Case 3:12-cv-06067-FLW-LHG Document 1 Filed 09/27/12 Page 7 of 11 PageiD: 7 in charge when Plaintiff George liatze was assaulted. 3. Specifically, Defendant Thomas Boyd is the Chief of Police. Defendant Stephenle-nrman is the Seaside Heights police department Internal Affairs investigator. Defendant James Hans is the Seaside Heights police department Use of Force instructor. Defendant Richard Roemmele was a supervisor and/or the officer in charge at the time of Plaintiff's arrest. 4. At all times mentioned herein, Defendants Boyd; Korman; Hans; Roemmele, and/or John Does 1- 10, as police officers, agents, servants andfor employees of Defendant Borough of Seaside Heights, were acting under the direction and control of Defendants Borough of Seaside Heights Police Department; Boyd; Korman; Hans; Roemniele, andfor John Does 6-10, and were acting pursuant to the official policy, practice or custom of the Borough of Seaside Heights Police Department. 5. Acting under color of law pursuant to official policy, practice, or custom, Defendants Borough of Seaside Heights; Boyd; ICorman; Hans; Roemmele, and/or John Does 6-10 intentionally, knowingly, recklessly and/or with deliberate indifference failed to train, instruct, supervise, control, and discipline on a continuing basis, Defendants Boyd; Korman; Hans; Roenuriele,141acFarlane, and/or John Does 1-10 in their duties to refrain from: (I) unlawfully and maliciously assaulting, arresting and harassing citizens; (2) intentionally, recklessly and/or negligently misrepresenting the facts of arrests and/or other police-citizen encounters; (3) falsifying police and/or other official records; (4) withholding and/or mishandling evidence; (5) making false arrests, and/or (6) using unreasonable and excessive force . 6_ Acting under color of law pursuant to official policy, practice, or custom, Defendants Borough of Seaside Heights, Boyd; Korman; Roemelle, and/or John Does 6-10 intentionally, knowingly, recklessly and/or with deliberate indifference implemented and/or conducted superficial PT/OT 39Vd S71d370 BOBOHLZEL se:Be zT0,7,/TT/3T Iv 4/2012 TUE 13:19 FAX 732? 05002 m611971 6 vramger Law arohamge/ W21/024 Case 3:12-cv-08067-FLW-LHG Document 1, Filed 00/27/12 Page 8 of 11 PagelD: B and shallow internal Affairs processes which ignored evidence and patterns of police misconduct on individual and departmental levels. Defendants Borough of Seaside Heights, Boyd; Korman, and/or John Does 6-10 failed to professionally, objectively and/or expeditiously investigate instances and patterns ofpolice misconduct in violation of the spirit and substance of the New Jersey Attorney General's Guidelines for Internal Affairs Polley and Procedures. 7. Defendants Boyd; Korman; Hans; Reemmele; John Doe 2 and/or John Does 6-10 failed to adequately track departmental excessive force complaints, administrative complaints and/or use of force incidents in violation of Seaside Heights Police Department policies, practices, customs and/or guidelines and/or the New Jersey Attorney General s Use of Force and/or Internal Affairs Guidelines, and/or failed to discipline officers for such violations. S. Defendants Borough of Seaside Heights; Thomas Boyd; Stephen Korman; James Hans; Richard Roemmele, and/or John Does 6- 10 were aware of numerous similar police citizen encounters involving, and/or Internal Affairs complaints tiled against, Defendants Roernmele; MacFarlane; John Does 1-10, and/or other Seaside Heights Police Officers whereby they customarily and frequently subjected citizens held in custody to physioal and mental abuse; unlawfully and maliciously assaulted, arrested and harassed citizens; intentionally, recklessly and/or negligently misrepresented the facts of arrests and/or other police-citizen encounters; falsified police and/or other official records; made false arrests, mishandled and/or withheld evidence and/or used unreasonable and excessive force On citizens/arrestecs. 9. Despite their awareness, Defendants Borough of Seaside Heights; Boyd; Kerman; Hans; Roemrnele, and/or John Does 6-10 failed to employ any type of corrective or disciplinary measures against Defendants Boyd; Korman; Hans; Roecamele; MacFarlane; John Does 1-10, and/or other Seaside Heights Police Officers, VT/IT 3V,=[ SA37,7.1 8060EELZEL 80:60 ZTK/TT/eT 9053 t4a1 Ca & Traeger Lew ftrchanifel PLI 022/024 Case 3:12-cv-06067-retie-LHG Document 1 Filed 09/27112 Page 9 of 11 Page11D: 9 W. Defendants Borough of Seaside Heights; Boyd; Korman; Hans; Roemmele, andJor John, Does 6-10 had knowledge of, or, had they diligently exercised their duties in instruct, train, supervise, control, and discipline Defendants Boyd; Korman; Hans; R.oemmele; MacFarlane, and/or John Does 1.-10 on a continuing basis, should have had knowledge that the wrongs which were done, as heretofore alleged, were about to be committed. 11, Defendants Borough of Seaside Heights; Boyd; Korman; Hans; Roemmele, and/or John Does 6-10 had power to prevent or aid in preventing the commission of said wrongs, could have done so by reasonable diligence, and intentionally, knowingly, recklessly and/or with deliberate indifference failed to do so. 12. Defeo:tares Borough of Seaside Heights; Boyd; Korman; Hans; Roeramele, and/or John Does 6-10, directly or indirectly, under color of state Iaw„ approved or ratified the unlawful, deliberate, malicious, reckless, and wanton conduct of Defendants Boyd; Korman; Hans; Roernrnelc; MacFarlane, and/or John Does 1-10 heretofore described. 13. As a direct and proximate result of the acts of Defendants Borough of Seaside Heights; Boyd; Korman; Hans; Roernmele, and/or John Does 6-10 as set forth herein, Plaintiff suffered physical injury; emotional distress; lost wages, and medical expenses, and will suffer additional special damages in the future in an amount which cannot yet be determined in connection with the deprivation of his constitutional rights guaranteed by the Fourth and Fourteenth Amendments to the Constitution of the United States and protected by 42 U.S, C, Section 1983. WHEREFORE, Plaintiff George Hatee demands judgment against Defendants Borough of Seaside Heights; Thomas Boyd; Stephen Korman; James Hans; Richard Roemmele, and/or John Does 6-10, on this Count together with compensatory and punitive damages, attorney's fees, interest and costs of suit inclined, and for any such further relief as the court deems proper and just, 17I/ T 7evd SA 10 6060EGL2EL ee:60 6T03/TT/9T vim . ,v,4 .rvx, 14.19 FAX 732, ,i5002 14411*n $1 Tran5er Lola " 4 "' atOhanVel le1023102d - Case 3:12-ev-06067-PLW-LHG Document 1 Filed 09127/12 Page 10 of 11 i agelD: 10 SECTION 1913 DEMAND FOR PROSPECTIVE INJUr4CTIVE RELIEF COUNT FIVE 1. The previous paragraphs are incorporated herein inclusively as if fully set forth. 2. Pursuant to 42 USC Section 1983, given that there exists no adequate remedy at law, Plaintiff is entitled to prospective injunctive relief against the Defendants. 3. The relief sought by Plaintiff includes, but is not limited to, the following: a, An order permanently restraining and enjoining Defendants Borough of Seaside Heights; Thomas Boyd; Stephen komiatt; lames Hans; Richard Roeintricle; Robert MacFarlane, and John Does 1-10 from engaging in encouraging, teaching, promoting or training Seaside Heights Police Officers in falsely arrevAing, maliciously prosecuting, maliciously abusing process, and/or using excessive farce against citizens and/or =octets. b, An order compelling Defendant Borough of Seaside Heights to take prompt, appropriate and corrective measures to prevent any practices that encourage, teach, engage in, promote or train its officers in falsely arresting, maliciously prosecuting, maliciously abusing process and/or using excessive force against citizens and/or arrestees. c. An order compelling Defendant Borough of Seaside Heights to provide regular and consistent training sessions to Seaside Heights Police Officers. d. An order compelling Defendant Borough. of Seaside Heights to implement a system whereby prompt, appropriate action is taken against any Seaside Heights Police Officer who engages in, teaches and/or condones falsely arresting, maliciously prosecuting, nialiciously abusing process and/or using excessive force against citizens and/or aiTestees. e, An order permanently restraining and enjoining Defendants Roemmele, MacFarlane and/or John Does 1-5 from arresting citizens without adequate probable cause, physically abusing and using excessive force against citizens and/or arresters. f. An order permanently restraining and enjoining Defendant Borough of Seaside Heights from employing Defendants Roemmele, MacFarlane and/or John Does 1-10 as police officers or law enforcement personnel in any capacity except for clerical duty, solely and entirely confining them to Police headquarters and limiting them entirely to desk duty., enjoining Defendants Roemmele, MacFarlane and/or John Does 1.10 from any patrol duty, and enjoining Defendants Roemmele, MacFarlane and John Does 1-10 from making arrests, assisting in making arrests and using any force in making arrests and/or assisting in making arrests. t/T/ET 39Vd sAa3-o 8060CELZEL BO:SO ZTEC/TT/OT V 4 Mmlion & ranger LaLW faCt4/a24 ItrOhang01 Case 3:12-cv-06067-FLW-LHG Document 1 Piled 09/27/12 Page 11 of 11 PagelD: 11 g. Any other relief as the Court deems proper and just, WHEREFOEE, Plaintiff George lieu demands judgment against Defendants Borough of Seaside heights; Thomas Boyd; Stephen Korman; James Hans; Richard Roexurnele; Robert MacFarlane, and/or John Does 1- 10 on this Count, together with compensatory and punitive damages, attorney's fees, interest and costs of suit incurred, and for any such further relief as the court deems proper and just. DEMAND FOR TRIAL BY JURY Plaintiff hereby demands a trial by jury as to all issues. DESIGNATION OF TRIAL C9UNSEL Please be advised that Thomas J. Mallon, Esquire is hereby designated trial counsel in the above captioned matter. Dated: September 27, 2012 Is! Thomas J. lvlallon., Esquire, THOMAS J. MALLON, ESQUIRE PT/tq 39Vd SOBEICELZEL 812:60 ZTOZ/TT/DT Case 3:12-cv-06067-FLW-LHG Document 11 Filed 04/04/13 Page 1 of 2 PagelD: 58 THOMAS J. MALLON, ESQ. Attorney-at-Law 86 Court Street Freehold, NJ 07728 (732) 780-0230 Attorney for Plaintiff George Hatze GEORGE HATZE UNITED STATES DISTRICT COURT DISTRICT COURT OF NEW JERSEY TRENTON Plaintiff, Civil Action No.: 12-06067 (FLW-LHG) VS. BOROUGH OF SEASIDE HEIGHTS; THOMAS BOYD, Chief of Police; DETECTIVE STEPHEN KORMAN, SERGEANT JAMES HANS, SERGEANT RICHARD ROEMMELE, JOHN DOES 6-10, Personnel of the Seaside Heights Police Department in supervisory capacities; ROBERT MacFARLANE and JOHN DOES 1-5, members of the Seaside Heights Police Department, Defendants. THIS MATTER having come before the Court during the March 2, 2013 status teleconference in this matter upon the application of Thomas J. Mallon, Esquire, on behalf of Plaintiff George Hatze to Amend his Complaint adding Seaside Heights police officers Vincent Capette; Russell Moeller; Officer Novotny, and Officer Vargavich as Defendants in this matter; and counsel for Defendants MacFarlane; Borough of Seaside Heights; Thomas Boyd; Stephen nak ettite,r4 Korman; James Hans, and Richard Roemmele not consenting to Plaintiff's proposed amendment; Zit and the Court having heard the arguments of counsel and for good cause having been shown; Case 3:12-cv-06067-FLW-LHG Document 11 Filed 04/04/13 Page 2 of 2 PagelD: 59 IT IS HEREBY ORDERED that Plaintiff George Hatze is hereby permitted to amend his Complaint naming Seaside Heights Police Officers Vincent. Capette; Russell Moeller; Officer Novotny, and. Officer Vargavich as Defendants in this matter. DATE: Ad o2bC RELEASE AND SETTLEMENT AGREEMENT THIS RELEASE, dated 4 // — is given by GEORGE HATZE, referred to as "1", to BOROUGH OF SEASIDE HEIGHTS, THOMAS BOYD, STEPHEN KORMAN, SERGEANT JAMES HANS, ROBERT MACFARLANE, VINCENT CAPETTE, RUSSELL MOLLER, RICHARD NOVOTNY AND JOSEPH VARGOVIC and their agents and employees, referred to as "You". If more than one person signs this Release, "I" shall mean each person who signs this Release. 1. RELEASE. I release and give up any and all claims and rights which I may have against you. This releases any and all claims, including those of which I am not aware and those not mentioned in this Release. This Release applies to claims resulting from anything which has happened up to now, and to future claims as described below. I specifically release all claims from personal injuries, both physical and. emotional, and all other losses and damages, including punitive damages, allegedly arising from acts or omissions by the BOROUGH OF SEASIDE HEIGHTS, THOMAS BOYD, STEPHEN KORMAN, SERGEANT JAMES HANS, ROBERT MACFARLANE, VINCENT CAPETTE, RUSSELL MOLLER, RICHARD NOVOTNY AND JOSEPH VARGOVIC, and their agents and employees, for the events occurring on and about July 4,2012 which is the subject of lawsuit in HA.TZE v. BOROUGH OF SEASIDE HEIGHTS, ET AL., Civil Action No.12-6067 (FLW-LHG), and any and all claims for personal injuries and all other damages and losses, including punitive damages, alleged in the future as a result of the acts or omissions of the BOROUGH OF SEASIDE HEIGHTS, THOMAS BOYD, STEPHEN KORMAN, SERGEANT JAMES HANS, ROBERT MACFARLANE, VINCENT CAPETTE, RUSSELL MOLLER, RICHARD NOVOTNY AND JOSEPH VARGOVIC alleged in HATZE v. BOROUGH OF SEASIDE HEIGHTS. ET AL., Civil Action No.12-6067 (FLW-LHG). I further understand and agree that by executing this Release and accepting the money paid by you, I acknowledge that I have received fair, just, and adequate consideration for any and all claims, and I further understand and agree that by executing this Release and accepting the money paid by you I have forever remised, released, discharged, and given up any and all claims that or others might have against you arising from or alleged to arise from any acts or omissions by the BOROUGH OF SEASIDE HEIGHTS, THOMAS BOYD, STEPHEN KORMAN, SERGEANT JAMES HANS, ROBERT MACFARLANE, VINCENT CAPETTE, RUSSELL MOLLER, RICHARD NOVOTNY AND JOSEPH VARGOVIC, and their agents and employees as described above. I further understand and agree that if any claims are made at any time in the future by me, directly or indirectly, or by or on behalf of GEORGE HATZE's heirs and/or survivors, or by some person in a representative capacity, for pecuniary losses, injuries or damages arising from the current action against you, that you shall be entitled to be indemnified by GEORGE HATZE's heirs, executors, administrators, or personal representatives, for any sums expended in defending against said claims including, but not limited to, attorneys' fees and all costs of suit together with any sum paid by way of judgment, settlement, or otherwise on account of those claims. It is further understood and agreed that the payment of the money being paid pursuant to this Release is in full accord and satisfaction, and in compromise of, any and all disputed claims, and that the payment of the money is not an. admission of liability but is made for the sole purpose of terminating the litigation between the parties. In the event I have received or shall receive any monies from any person who hereafter seeks to recover the monies from you by way of a claim or action of any type, including but not limited to subrogation actions and claims and actions or claims for contribution and/or indemnification, I shall indemnify and hold you harmless from and against any judgment entered against you or any payment made by you in connection therewith, and also for any money spent in defending against such claims including, but not limited to, attorney's fees, costs of suit, judgment, or settlement by you. 2. LIENS. I hereby certify that if there are any liens against the proceeds of this settlement, they will be paid in full or compromised and released by me out of and from the amount stated in paragraph 4, below. If any liens exist which are not satisfied as required by this Agreement and a claim is made or an action filed against you by anyone to enforce such liens, I agree that I will immediately pay such liens in full. This is intended to include all liens, including but not limited to attorney's liens,. liens in favor of hospitals and other medical providers, liens in favor of health and other insurers, Medicare and Medicaid liens, worker's compensation liens, all statutory or common law liens, and judgment liens. My attorney has investigated the existence of such liens, and I am making this statement based upon information known to me and/or supplied to me by my attorney. Therefore, I agree to'indemnify and hold you harmless from and against any and all claims made against you by reason of any liens against the proceeds of this settlement. In addition, in the event a claim is hereafter made or an action is hereafter filed against you by anyone seeking payment of liens, I will indemnify and hold you harmless from and against any money spent in defending against such a claim, including but not limited to, attorney's fees, costs of suit, judgment, or settlement by you. 3. WARRANTY AS TO MEDICARE INVOLVEMENT. I understand and acknowledge that the Medicare, Medicaid and SCHIP Extension Act of 2007 requires the reporting to designated representatives of Medicare any settlement in which all future claims are released and the injured party is either a current Medicare beneficiary or has the potential to be eligible for Medicare benefits within thirty months of the settlement. In further consideration of the settlement agreement agreed to herein, I warrant and represent to You the following: 1) Medicare has made no conditional payments for any medical expense or prescription expense on my behalf related to this incident; 2) I am not, nor have I ever been a Medicare beneficiary; 3) I am not currently receiving Social Security Disability Benefits; 4) I have not applied for Social Security Disability Benefits; 5) I have not been denied, nor have I appealed from a denial of Social Security Disability Benefits; 6) I do not expect to be eligible for Medicare benefits within the next 30 months; 7) I am not in End Stage Renal failure; and 8) no liens, including but not limited to liens for medical treatments by hospitals, physicians, or medical providers of any kind have been filed for the treatment of injuries sustained in this incident. 4. ATTORNEY'S FEES. Each party shall hear his or her own attorney's fees and costs arising from this action and in connection with the Complaint, the Release, and the matters and documents referred to herein, the filing of a Dismissal of the Complaint, and all related matters. I shall be totally responsible for any attorney's liens arising out. of representation of me by any attorney which may have been or will be asserted in connection with this claim or related matters. PAYMENT. I have been paid a total of $500,000 in full payment for making this Release, with said payment represented as follows: $500,000 from the BOROUGH OF SEASIDE HEIGHTS. I agree that I will not seek anything fiirther, including any other payment, from you. 6. WHO IS BOUND. I am bound by this release. I specifically understand and agree that all of the terms and conditions of the Release are for the benefit Of and are binding upon me, and anyone else who succeeds to our rights and responsibilities. This Release is made for your benefit. and for the benefit of all who succeed to your rights and responsibilities, such as your heirs and your estate. 7. WARRANTY OF CAPACITY TO EXECUTE AGREEMENT. The person signing this Release represents and warrants that they have the sole right and exclusive authority to execute this Settlement Agreement and receive the sure specified in it, and that he or she had no sold, assigned, transferred, conveyed, or otherwise disposed of any of the claims, demands, obligations, or causes of action referred to in. this Release. 8. REPRESENTATION OF COMPREHENSION OF DOCUMENT. In entering into this Release, I represent that I have relied upon the legal advice of my attorney, who is the attorney of my choice, and that I have read this Release in its entirety or had it read to me, and that the terms of this Release have been explained to me by my attorney, and that these terms are fully understood and voluntarily accepted by me. 9. GOVERNING LAW. This Release shall be construed and interpreted in accordance with the laws of the State of New Jersey. 10, ADDITIONAL DOCUMENTS. All parties agree to cooperate fully and to execute any and all supplementary documents and to take all action which may be necessary or appropriate to give full force and effect to the terms and intent of this Release. 11. NON-DISCLOSURE. I, including my respective counsel, stipulate that the settlement of this action and this Release are confidential. I shall not disclose the amount of the settlement or the terms hereof to any person nor discuss or confirm the same with any person, except my counsel, spouse and/or tax professional. I agree that I am responsible for insuring that my spouse and tax professional understand and comply with this confidentiality provision. I and my counsel agree not to contact the media or make any press release regarding the resolution of this matter. In the event I am contacted by any person regarding the within litigation or this settlement, I shall state that "the matter has been resolved" and that I have "no further comment." In the event I receive a subpoena or court order regarding the terms of this settlement, I shall provide You with at least 10 days notice before complying with said subpoena or court order. 1 acknowledge that you, may be required to disclose the amount of this settlement, under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1, et seq., or other law or court order. Any such disclosure by you pursuant to OPRA, or other law or court order, shall not operate as a waiver of the confidentiality of this settlement nor shall it relieve me of my obligation to comply with the terns of this paragraph. GaR HA STATE OF NEW JERSEY COUNTY OF Attorr ey fo Plaintiff Pkec •kieut Nt6t- 20/47 G-255-e.oe certify that on came before me and acknowledge under oath, to my satisfaction, that he/she has the power and authority to execute this release and to bind / in and that he/she personally signed this document, and that he/she voluntarily signed, sealed, and delivered this document as his/her act or deed, without coercion or undue in influence by any other person(s).