klein settlement dyfs

8/17/2019 Klein Settlement DYFS

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PLAINTIFF:

DEFENDANTS,

ASSIGNEE:

'SETTLEMENT AGREEMENT AND RELEASE

.

Cfoi:n~r

ly

RB.),

an

fn:fant

.

by

J{is

G

.UIµ'.dian

r le

m,

Barbara Klem

State ofNew Jersey Division bfYouth and

Family

Setvices (''DYF.S."),

State ofN¢W Jersey Department of

Chlldren

·and Families, and State t).f

New Jersey employees; Diane Smith, M.Olmo· Curtis Carter;

Lisa Marie Finnegan, fyf Baena, B. Blakely; Joe Gorman

1

and

H.

Torres-Mejias

Liberty A.$-sigpm.en.t Corporation

l his

Se\tlei:nentAgreement and Release ("~ett,letnent Agreemebt'i)

is

inade and

¢nteted

into

this

1J i:liy

of l :<AAZA : -.

~ 16, b.y anq

between Plamtiff

and

Defendants.

RECTI'ALS

I.

On or about October5 Z 11, the Plaintiffcoririnenced.-an Action against :the

Defendant in the Supetior Court of

he

State ofNew Jersey, Essex Co·unty (Dtick.et. No, BSX -L-

8102-11)

bY

th.e. iling of~ stQ:DJD:ons

.

Ej.Ild

verified

cq:rp.p

laint (tbe "Gomp-laint~J

'_fhe

Action arose

out of the aileg_

<l

negligent

acts or

omissions.

of

h.e Defendants,

an

d the Plaintiff sought to recover

monetary damages

which

were alleged Jo

be

the

pi:

.oximate result o incidents occunuig betw~n

late·

2ooi

through

PP.

or &bout Match

22,

2022..

that

reS'llited

in

physical

injuries

.

o

Phiirttiff

.II, . The parties -desire to enter ip.to tb.i.s Settl~mentAgreement

in

order to provide for

certain payments

in

full settlement and discharge of all

claims which are. lie

subject-of

or might

have been the subject of the Complaint, upon the terms and conditions set

fortJ:i

herein.

AGREEMENT

the partie_ heretohereby agree ,as folloy.,s:

A. Reiease and Discharg.e

Xn qon.sidet~:l:.ton

of

h~ peym.ertts called for herein,

the

.Plaiptiff (sometimes refe1Ted to het:ein

as

Relea

$oi:'')

hereby compietely

r~le

.ases

~ l

.forever

discharges

the

State

of

New

Jersey,

Defendants and said

Parties'

past, present and future

officers~

directors,

s.tockholders,

attorneys,

insurers, a.gents, servants, reptesentati\re.$,

emplo:ye.es,

s1;1.b.s.iciiaries, affiliates, partners, preilecess.ors

and ,sticcessors

in

interest, .d ~ssigns rt.d all othetp.

ersq:p.s,

.

PP.liS

or corporations with v 1hom

~ny

of the foM,¢r·bave-been, ate·hOW or-may )iereaftet

be

€1.ffiii,at~d .(s0.metimes referted to ~er~in as

Rele lsee.s·

1

or

11

R~leased Parties'"); of

and

from ·any and all past, presentor future claims, demands

.

obligations,

actions, causes ofaction, wrongful

death claims,

rights,

dam.ages, costs.,

io.

sse-s

of

.

.

.



services, expenses and compensation of any nature whatsoever, whether based on a ioti, contract or

other theory of recovei-y, and whether for compensatory or punitive damages, which the Plaintiff

11QW ha:s, 01· which may hereafter accrue o t otherwise be acquired, 0J1account of, ot may in any way

gt w out of,

or

which are the subject of he Complah1t

(and

all related pleadings) ificluding, Without

limitation,

any

and all lmown or unknown claims

for

bodily a rtd petSonal i11Jnries

to

PlruI1tiff, or any

fut11re

wrongfu1

death claim

of

Plaintiffs representatives; which have resulted or may result

from

the alleged acts

or

omissions of:the Defendants. This release shall be a fully binding and complete

s'ettlement between the Plaintiff and the Defendants, their assigns and successors, save only the

executory provisions

of

this Settlement Agreement

B. Payments

(i) In

consideration of the release set

forth

above, the State

ofNew

Jetsey,

on

behalf of

Defendants, hereby agrees to pay the Plaintiff the following sums in the following manner all in

accordance with and pmsuant to the Order of he Hon. Dennis

F.

Carey III, dated March 11, 2016.

1. An

11p-frot1t payn'lent

of

$782,985.67.

2 Future periodic payments as set fo1ih in Exhibit f Au atti;tched hereto lllld made part

of

this

agreement. The cost to the State ofNew Jersey of the future periodic payments portion of this

settlement is Four I-Iundted Sixty 81.wen Thousand Fourteen and 33/100 Dollars ($467,0i4.33),

o.isclosure of which has been required as a condition

of

settlement No part of the sum being paid by

the State of New Jetsey to provide future periodic payments as set forth in this Settlement

Agreeme11t may be paid directly to Plaintiff, inasmuch as the paiiies negotiated for and the court has

determined that a structured settlement is in the best interest of the infant Plaintiff

and

that .said

pedodic payments constitute damages on account bf physical injury or physical sickness in

a

case

involving physical injury

t

pl:tysical sidmess within the meaning of §104(a)(2)

and§ 130(c)

of the

Internal Revenue Code of 1986,

as

amended.

(ii) All sums set forth herein eonstitute damages on account

of

physical injudes or physical

sickness, within the meaiung of§ 104 (a.)(2) and§ 130

{c) [as

regards the futme pedodic payments]

of

the foternal Revenue Code of 1986,

as

amended.

(iii) t is understood and agreed that the State

of

New Jersey shall pay a total

of

$782,985.67

11up-front payments (as outlined in para. B

(i)

(1) above). The Defendants have notice of a

Medicaid lien in the aiuount

of

$298,009 .49 wliic;il1 shall be satisfied from the up-front cash potiion

of the settlement. In the event of the existence

qf

any other otttstanding liens atismg from the

incident des<:ribed

in

Recital I, it is understood

and

agreed that the PJaintiff shall

be

responsible to

resolve and/or satisfy

any

and all such liens and the Plaintiff shall indemnify and hold the

Defendants hannless from any and al] such claims made by liehholders, whether such claims have

been made, or are iri the fi.1ture made.

Plaiittiff will fully resolve and or satisfy any

ai1d all

valid liens from the proceeds of he

settlement Plaintiff hereby discharges and agrees to indemnify and save hannless the Defendants

from any liens asserted by any health tare cai'tie1:-; health car.e provider, hospital, insurer or attor11ey



for me.die~ '¢tpehSes, hospital ·ex.petises, lost

wages

payments, attorneys liens,

s11bto:g:ati9n

claims or

l~ens Qt any ·eb,ild supp.ott, workers' con1p·en$ati9n, Medicare or Medi,caid ll.e:ns to the

e;&.tent

.

required

to

be p~id in accordarrce witlT

fhe

law whi9h is a result of he ~ceurrence Pr. against Plaintiff

whether

ot not.it

pertains

to

this occurrence; Plaintiff hereby certifies and l'epresents

to

the

Rele.asees

that Pli:1.in'til:f has fully dlsclosed the

name?

address, telephone b.urp,ber, policy

nuniber1-

and

Ql¢m, p._1Jihp.~ l ., a,nd docket.-edjudgment num'ber for child support, i.fany, as w~ll as ampµnt claim.ed,

a:s a lien, 1:>y apy hea(th care c.arrier, health care

pro.vider~

workers? compens~tion carrier,

subrogation insurance canier, or attorney

as

a result of

b.fs

occunence or against

PJ.aintiff

whether

or riot

it

pertains to this

occttr'J:ence.

'The

Plajp:tµf.

forth.er

agre(\ls, represenis, and certifies

tb,at

Plaintiff will

pay

the fully agreed

upon amount

of;an,y

µen asseited as outlined above directly out

of

he proceeds

of

his settlement.

The Plaintiffherebyfurther agrees to indemnify and hold harmless the Releasees from any future

lien which.has not been previously made known

to

the,

_parties

herein.

P1aintfffre.presents and w~a.ntS. that a child supp.oi}j:i:glgm.ent .

se;'lto.h

has

b~e.11

eonduoted

aS,

req~ire

~ b

nd that

sa}cl

.

seei:.rch

has found

no

child

s.upp.ort

judgments outstanding

agamst

(iv) It is unqetstop.q :

[l:119

agreeq. that th~ State ofNew hrs.ey shajl issue its up-front payment

as

des.cribed in para. B

(i) 1).

and shall fund the. structured s.ettlement annuity y May Q. 2016~

(

v).

The term guaranteed as lt is used inExhibit A hereto shall be consfme.d to mean

payments that will be

matfo

whether the PiaintifflP-ayee is alive or not at

th:e

time-the payment is

due

-' S4ol,l d.

the Plaintiff/Payee expire prior to re~eipt o.fall pa.ymepts described as ''guarantee<l

11

the remainder of the guaranteed'' paypients shall be payable as set

forth

in Section'F below entided

Plaintiff's

Benefi.ciary

i.

C.

Plaintiff's Rlghts to Payments.

The future periodi'c paymentS, des~ribed m ara.

(i)

(2) above cannot be accelerated,

defened, increased or decreased by the Plaintiff orany Payee and no part

of

he payments called for

herein

or any specific assets of the State

f

New Jersey are to he subject

to

execution

o

aiiy legal

process for any obligation

of

he Pla:intiff or ;my Payee in

arty

ri1anner, not shall'the Plaintiff

ot

any

Payee have the power

to

s.ell o.t m.cgtg~_g~ ot

en.cumber sru;ne,

.or any

pru:'t the:i:~ot

not anticipate th¢

sam.e, or attY part to.ereof, by assignment or :o'therwise unless such sal~, assignment.,. pkdg~,

hyp.othecatiori or other transfer or encumbrance has been

ap,proved

:in advance in a ' 'Qualified

Order'' as ·defined m5891(h)(2)

of

the futeina1 Revenue Code and otherwise comphes with

applicable state law, including without litn:itation

any

applicable state structured settlement

protection statute. Any attempt

by

Plaintiff

t

any

Payee-to so assign,

lUlticipate

· pledge or

encur;ri.per lUlY annuity paym.ents without complying

with

the requirements of Internal R~venue

Code§ 5891(q)(2) and any applicable state law shall be null

and

void and shall not.affect the

Plaintiffs ot any Payee

,s

rights

to

receive annuity payments. Transfer Qfthe periodic

payments is

thu$

prq);ribited by th(rtenns of1:bis structured settlement and may otherwise be prohibited ot

restr1cted underapplioal>le

law.

.3



R Right to Execute an Asslgntnentof Liability

t is undetst9oq an cl agteed by and

betweet1.

the

partiei:;

hereto that

th~

State ofNew Jersey

sl;ia:11

assign its duties and bbligations

to

mak:e the future periodic payments as

s'et

forth iI

Exhib,it

Au to Liberty Assignment Corporation ( Assignee ) within the meaning of§ 130(c)

of

he Internal

Revenue Code

of

1986, as amended. Such assignment is hereby accepted by Plaintiff without right

of rejection and ih full discharge and rel~se

of

the duties and obligations of he State

of

New Jersey

to make the future periodic payments set forth

on

Exhibit ''A . The Assignetf s

obligation

for

payment of the periodic payments

is no

greater

than

the obligation ofth~ person or entitymiginaJly

liable (whether by suit or agreement) for payment

and

from whom the obligation was

:assigned. The

pa1iies hereto expressly understand and a:gtee that upon the assigrnncnt of ts duties and obligations

to make such future periodic payments being made by the State

of

New Jersey to Assignee pursuant

to this agreement, all

of

the tluties

::i nd

responsi'l?iltties otherwise imposed upon the State

of

New

Jersey

by

this agreement with respect to such future payments shall instead be bindirtg 130Jely upon

Assignee. Liberty Mutual Insurance Company

will

provide a Certificate ,of

Guarantee

that allows for

Liberty

M'lJtq,al

Jnsurance Company

to assun1e the

responsibility tb

1:nake

any and all payme11ts under the

annuity contract in the event that Liberty

Life

Assurance

Company

of

Boston

were unable

to

Itialce

said

payments.

Liberty Life Assurance Company of Boston

wiII

provide a

Certificate of

Guarantee

as

evidence ofits financial guarantee over the perfodic payment

obligatfon

of Liberty Assignrnent

Corporation.

The Plaintiff :further and fully recognizes and agrees that the Assignee shall be Phfoitiffs

sole obligor with respect to the obligations assigned, m.id that all other releases that pertain to the

liability-of the State of New Jersey and all Releasees with respect to the future periodic payments

shall thereupon become final, irrevocable

a:nd

absolute.

E. Stipulation Regarding Settlement Obligations And Novation

Ttis understood that the State

of

New Jersey is not a guarantor or insurer with respect to

t:lie

aforementioned annuity. The purpose of this stipulation is to make clear that the obligations and

resppnsibilities of the St,ate ofNew Jersey are satisfied upon iss'tlartce cif the aforementioned

settlement monies and th execution of the qualified assignment.

Inrecognition of the obligation

of

the State of New Jersey specified above and the release

by

Plaiiitiff,

the

parties further agtee

as

follows:

It is agreed that the State ofNew Jersey will assign, the obligation to ml:lke the specified

periodic payments to the Assignee. The obligation

of

he State oflf w Jersey to make periodic

payments shall, by this novation become the sole and exclusive duty

of

the Assignee, and the tenns

mid

co:nditions

of

payments shall remain unchanged

m

lieu offue substitution

of

the Assignee for

the

<>bligatkms

of the State

of ew

Jyrsey.

Execution

of

the Qualified Assignment and funding

of

the annuity will absolutely

and

completely discharge the State ofNew Jersey from any further future periodic payment obligation.

f

either the Assignee or the issuer

of

he annuity conttact :purchased by Assignee

to malce

the

payment obligation specified above fail to make payments or become insolvent

or

bankrupt,

Plaintiff or Plaintiffs heirs or representatives'

sole

:remedy to enforce the payment

obligatio11s



assigned shall

be

against Assignee, the guai:antots, Uherty

Mtimal

Insurance Company

and

Liberty

Life.Assurance

Company

ofBost.

on, an:c1iot

qther responsible party

other than tbe

State

.ofNew

1.~rsey. the State ofNew jersey will l:).ave ab$6lutely no

fuu;rre

pi;:riodrc payment obligations t

Plaintjf.f

or any

Payee under those circumstances.

· F. Riglit to Purchase an

Annuity

The·State of

New

Jetsey i·

Ass.1gue~ may, fur its

own

c:tmvenience, fqnd it obligation to

make the, 1,1fore periodic payments under the t~m:i.s 9f this agreement a~ set

forfh ip.

.Exhibit A

11

throu,g11

the purchase.

ofan annuity

from Liberty Life Assurance Company ofBoston e'Annuity

Issuer ). Neither Plaintiff

not

anyone acting on Plaintiff's behalf: shall have any right ofor

incidence o:fownership

w.hatso

·ever fo the annuity policy; shall

hirve

any right

to

:acpeierate

t> t d~fer

pay:tnents due from the Assignee~

shwI hl:1 Ve

any right to increase or deqr.e~e ai:).y

pay.:p::i;ents

:~ki:e

frqJ;n tbe As~ignee; shall have

any

olli,er right 9fdominion or control ofor over lhe annuity policy,

which shall be owned exclusively qy

the. Assignee..

The Assignee

1:i:J.ay

have Liberty Life Assurance

Company ofBoston mail payments directly

to

the Payee/Payment Recipient,

G,

Plaintiff's Beneficiaty

In

he event of he deathof all iguatanteed non-life,c.ontingent.payments

specified in Exhibit N' to be made by the. Assign .e

-.

111'S])®t to the provisions ohhis agreement

thar have

1;io

t been paJ.4

as

of

he.

date o-

cl "a:th,

si::tal..l

be

c.

oni:hluted

to present

value .and paid

in

a single

Jump sum to

~ ·

K.

Irrev9ciible (d)(4)(a) Special Needs Trust as s-et

fortb below; · ·

fAnnuitant, dies b~fore May 4

1

2056, then

10

.0%:ofthe Commut

ed

Valueof the rem~ing unpaid guaranteed payments will be paid to the Bene:fidary in a lump SQm

The Commuted Value will be

93

percent of Liberty Life Assurance·Company ofBoston's

cost for an annuity providingthe remaining unpaid guaranteed. payments. Llberty Life Assurance

Company

of

Boston wiii compute their .cost

1

as

of the Date

of

Commutation, -using their

annuity

tat ;ls

fol,'

the same or similar contra<~ts

in

effect on the Annuitant's date of death. f such

annuity

rates are not available, the Commuted Value sMII be the present value,

as

oftb

.e D,flte

of

Commutation, of he remaining unpaid guaranteed payments calculated

using

the following interest

rate: The annual effective yieW of he most recently ptiblished Moody's Long : Term Corp.orate Bond

Yield Average

phis

0.10%

as

of

he

Annuitap.t;s date f

death. hi

he ev~tthattheM.oody~s

Lp-ng

J i ,.pn

Co;i:pct1;~te

Bond Yield Averag~ is

ttQ

longer avatfaqle, then a similar reference rate

will

be

u,sed.

The Date of Commutation will be

0 1

or before the 15th calendar day afte:i; Liberty Life

Assurance Company ofBoston's receipt and acceptanceofdue proofof

death.

P~yee/ Payment Rec ipient, or a

duly

authodzed teptese:ittative of1he Payee/Payi:nent

R~c

ipie,:i.t, shall

be

responsible for maintaining accurate address ati.d

PJ.ortality

information with the

Assignee.



H. .Attorney's Fees

Each party heret9

sb,all

bea:r all attorney's fees

d

costs arising fronl the

actio.p.s

ofits

bW .11

cmmsel i l connection with the Complaint; this Settlement Agreement,

the

Qualified Assignment,

and

all other matters and documents referred to herein including,

but

not limited to, the preparation

and filing o all documents necessary, customary and/or appropriate to accomplish the disnii~salof

the Complaintwith preJqdice and without costs, and aU related matters.

1. Delivery ofDismissal with Prejudice

Concunently with the execuJionof this Settlement Agree1ne11.t, counsel for the Plaintiffshall

deliver to counsel for the Defendants all appropriate documents necessary to accoinplish the

dismissal and discontinuance with prejudiceof the civil act ion described in Recital ''I" above

which

shall

be

held

in

escrow; The Plaintiff has authorized the Plaintiffs attorneys to execute these

docl.iments on Plaintiff's behalfahd hereby authorizes counsel fot the Defendants

to

file said

documents with the Court and enter saf d

disniissl:t1

as a matter

ofrecotd

once.

ll

cash amounts due

and funding for the annuity have been paid

and

cleared.

J.

Reservation

of

Rights

Notwithstanding ,anything to the contrary found elsewhete in this agreement,

it

is understood

and agreed that the Plaintiff specifically reserves Plaintiff's rightsto Pt tSue an action fot dan,1ages

resultant from the occurrence sued upon herein against Harvest

of

Hope. Nothing contained

in

this

agreement shall

be

construed as a release

of

Plaintiff's claims against Harvest

of

Hope.

K, Supplementary

Doc4111ents

All parties to this Settlement Agreement and Release agree to execute any and all

supplementary documents and to take all actions required to implement and to

g~ve

full force and

effect to the terms and intentofthis agreement.

L. General Release

The Plainti ff hereby acknowledges and agrees that the release.

set

forth

in

Paragraph A

hereof is a ge1wral release

a.nd.

Plaintiff further expressly waives and assumes the risk

of

any

and

all

cl?UIDS

for damages which exi.st as of his (:late but o:fwhich the Plaintiff does not know or Sllspectto

exist~

whether thro1Jgh ignorance, oversight, error, negligence, or otherwise, and which;

if

known,

would materially affect Plaintiffs decision to enter into this Settlement Agreement. The Plain tiff

further agrees that Plaintiff has accepted payment

of

the sums specified herein as a complete

compromise

of

matters involving disputed issues

oflaw

and fact, and Plaintiff assumes the

risk

that

the facts or

law

may

be

otherwise than Plaintiff believes.

M. Warranty

of

Capacity to Execute Agreement

The Plain tiff :represents and warrants that no other person or entity has or has had any

interest

in

the claims, demands,

obligi;ttions.,

or causes

of

actiortreforr~d

to

in this Settlement



Agreement except as otherwise setforth herein and that Plaintiff has the sole right an:d exclusive

authority to execute this 8ettien1ent

Agreement

and receive the sum or

sums

specified in it; an<l that

Flaintiffhas

not sold, assigned, transferred,

conveyed

or otherwise disposed

of any

of he claims,

demands; obligations, or caqses ofactio11 tefe.rred to

in

this Settlement Agreement.

N. Discharge

of Obligation

The qblig;ition assumed by the Assignee to

make

each Periodic

Payment

shall be fully

discharged upon the mailing ofa \lalid

check

or electtonic funds transfer

in

the

amount

of such

paymenton or before the due date to the la st address or account on record for fuy Payee t

Beneficiary with the Annuity Issuer. If

the

Payee or Beneficiary notifies the Assignee that any

check or electronic funds transfer was

not

received,

the

Assignee shall direct

the

Annuity Issuer to

initi.:tte a stop payment action

and

upo confitma.tion that such check was not previously negotiated

or electronic funds transfer deposited, shall have the

A11nuity

Issuer process a replacement payment.

0 Payee Representative

tf at any t:ime

any

Payee

is

for at1Y reason

Iegl:l 11y

incapable

ofacting

on such Payee's

own

behalf, all notices, designations, or instruments required or pennitted

to

be exec11ted by t delivered

to such Payee and

all

payments required to be made to such Payee shall be executed at1d delivered

to

orby and paid

to,

any legal guardian, conservator, custodian, or trustee (any

of

he foregoing

being

hereinafter referred to as a Representative ) appointed to act

£or

such Payee

or

with respect

to such

Payee's property.

All

payments

made

to any Representative shall

be

held and applied

by

such Representative solely for the benefit

of

he Payee for whom such representative acts.

P, Entire Agreement and Successors in Interest

This Settlement Agreement contains the entire agreement between-the

Plaintiff

and the

Defendants with regard to the matters set forth herein and shall be binding upo11 and inure

t

the

benefit of he executors, administrators, personal representatives, heirs, successors, and assigns of

each. ·

Q.

Representation

of

Comprehension

of

Document

In entering into this Settlement Agreement; fue Plaintiff represents that Plaintiffhas read

the

terms ortm,s Settlement Agreement and that those terms atefully understood and voluntarily

accepted

by

Plaintiff. In entering into this Settlement Agreement, Plaintiffhas retained and

consulted with Plaintiff's own independent attorneys selected by

Plaintiffof Plaintiffs

own free will

and has fully and freely consulted

with them

on matters relating to this settlement and its terms at1d

conditions. Plaintiff acknowledges

that

this Settlement Agreement

has been

negotiated

y

the

respective Parties through co.1 msel. The Parties to this Se.ttlement Agreement contemplate and

intind

that all payme11t1; set forth in Section B above constitute damages rec.eived on account of

personal physical injuries or physical sickness;; arising

ITO Jl

the occurrence, Within the :meaning of

§104 (a)(2) of he Internal Revenue Code

of 1986,

as

an;11.3nded.

Plaintiff acknowledges receipt

of

the following disclosures relating to the Periodic Payments: the annuity preniiurn payable to the

Annuity Issuer as defined i o Section B i) (2) for the aforementioned pettodic payments is

7



$467,014.3.3; no costs may be deducted from.any of he Periodic Payments; any transfer of the

Periodic Payments is prohibited by the tetms of he structured settlement and may otherwise he

prohibited qr restricted under applicable law; Plaint;if:f has been advised to obtain or has o.btained

independent professional advice relating

to

the legal, tax, financial or other (favoraple or adverse)

consequences of

any

kind arising out.of the settlement; the Defendants

or

Defendants legal

representi;1.t1ves·

may

not

refer

any

advisor, attomey or

firtn

for

such purpose: and the Plaintiff is not

relying on the advi6e of the Defendants or anyone associated with them, including their at101neys

for such purpoi;;e. Accordingly, the Plaintiff hereby relef):ses and holds harmless the Defendants and

any

and all counsel

for

the Defendants

from

ap_y claim, cfj.use

of

action,

or

other rights of any kind

which

the

Plaintiff

may assert because of

the

legal, tax

or

other consequences

of

this Settlement

A.gteement :Plaintiff represents and wanants that Plaintiff has read and discussed this Settlement

Agreement

and

Release fully \vith Plaintiffs attorneys andhas had the opportunity to obtain the

consult ofoiher attorneys and tax advisors

ofPlaintiff s choice and

fully U11derstands

its terms

and

conditions, and voluntarily accepts them

as

Plain.tiffs own

free and

voluntary act.

R

Gpvet:ning

Law

1bis Settlement Agreement shall

be

construed and interpreted in accordance with laws of the

State ofNew Jersey.

S. Multiple Counterparts

This Agreement may be executed

by

the parties in multiple counterparts (although not

required) and all of such counterparts

so

executed shall collectively constitute this

one

Agreement

and shall be deemed

to

establish this one Settlement Agn'iement. For purposes ofexecuting this

Settlement Agreement, a document signed and transmitted by facsimile machine or scan and email

is to be treated as an original document. No Party may rajse the use of a facsimile machine or scan

or the fact that any signature was

tram,mitted

through the use ofa facsimile or scan and email as a

defense to the enforcement

of

this Settlement Agreement.

T, Captions and Pi:ira.graph Headings; Constwction

Captions

and

Paragrl: ,ph headings

used in thi;s

Settlement Agreement are for convenience

only and are not a part of this Settlement Agreement and shall not be used in construing

it.

The

terms, conditions and other provisions of this Settlement Agreement

have

been negotiated between

the parties, with each party having had the benefit ofits ow legal counsel. The constniction nd

interpretation of any clause or provision of this Settlement Agreement shall

be

const;rued without

regard

to

the identity

of

he party that prepared this Settlement

Agreemep,t, and

no presumption shall

arise as

a result that this Settlement Agreement was prepared by one party

or

the

other.

U Severability

n he event that any one or more of the provisions of this Settlement Agreement shall

be

held. invalid, ii1egal

or

unenforceable in .any respect by a court of competent jurisdiction, the

vaii:drty,

legality

and

enforceability

of

the remaining provisions

of

this Setilement Agreement shall

ndt in any

w y

be affected or

im.plllred

thereby.

8



V. Bffectivehess

This Settlement

Agree Jl~nt shall be executed

immediat~ly, but shall qul,y

b¢9on1e effective

after the Court has approve.ct the settlement.

y

·his or her

~ignature

below, e~cli p~rt y I'.~p.te§¢nts

ahQ

warrants ·that

he

or

.she

has

the

full authority to bind

the

person,.

persons

or

e1itity

Qr

·whoni

eX.ecution

of his agr~eme:ot

is

beingm~dt

Executedthis.\ Y~~yof ~tVJ1iho16.

State of

New

Je.tsey

~4~

A

-Bar6ara

Kie.in, as

Guardian

Authotized Representative

ad Litemof

PrintedName

Title

Date

AC KN OWLED GEM E NT:

STATE OF NEW JERSEY )

) ss.:

COUNTY -OF r :s:JC;< )

On

tqe II 1i day of

n

.::..11 2016 bef ore

me., 'the

undersigned, personally appeared Barbara

Klem, personally known t me or proved to me on the J.jasjs of

atj.sfuctory

e.vicfonce to be the

individual whose-name is subscrib~

to

the within -SETTLEMENT AGREEMENT i:Qld

RELEASE,

·

and acknowledged to

me that she

executed the

same in her capacity, and that

by

b,er,signa,tute

pn.fhe

SETTLEMENT AGREEMENT and RELEASE;

the

individual, or the person upon

behalf

of

whl;>lll

the

individual

~¢te<i.

executed

the

SETTLEMENT

AGREEMENT AND

RELEASE .

9

.

A-

:~

Notary t f / l

y

· .

;;: :: .z:

7

.,,,

t

'1';1,/-i: 7

,,if t

4

v. . /

>:

.

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,. .~ ;.. . ~. ..; r

:r

/

I •

klein settlement dyfs

Documents