LJEBLJNG MALAMUT LLC 1939 Route 70 East, Suite 220 Cherry Hill, NJ 08003 856.424.1808 856.424.2032 (1) www.lmlawnj.com SCOTT V. DOVE Plaintiff, SUPERIOR COURT OF NEW JERSEY LAW DIVISION - CAMDEN COUNTY DOCKET NO.: 1 d,9 3L - 3 v. GLOUCESTER TOWNSHIP POLICE DEPARTMENT; PATROLMAN THOMAS J. RITZ; PATROLMAN TIMOTHY RYAN KOHLMYER; PATROLMAN BENJAMIN LEWITT; PATROLMAN FRANK PACE TOWNSHIP OF GLOUCESTER. JOHN/JANE DOE(S) 1-50, fictitious persons, ABC CORPORATIONS 1-50, fictitious entities Defendants. Civil floion JUL 1 8 COMPLAINT, JURY DEMAND CERTIFICATIONS, DESIGNATION OF TRIAL COUNSEL, REQUEST FOR ANSWERS TO INTERROGATORIES REQUEST FOR INSURANCE INFORMATION Plaintiff, Scott V. Dove avers as follows: PARTIES 1. Plaintiff, Scott V. Dove, is an adult individual, who resides at 400 Market Street Unit 2, in the City of Gloucester, County of Camden and State of New Jersey. 2. Defendant, Gloucester Township Police Department, is a public and/or municipal entity organized and/or authorized to conduct police investigations and/or law enforcement activities within the State of New Jersey and which maintains its headquarters at P.O. Box 8 in the Municipality of Blackwood, Township of Gloucester, County of Camden and State of New Jersey, 08012.
3. Defendant, Patrolman Thomas J. Ritz, badge number 207 (hereinafter referred to as "Patrolman Ritz"), was at all times material hereto, a sworn officer of the Gloucester Township Police Department and performed all acts pursuant to his/her duties as an officer of same. For purposes of litigation, Defendant Patrolman Ritz's address is in care of the Gloucester Township Police Department at P.O. Box 8 in the Municipality of Blackwood, Township of Gloucester, County of Camden and State of New Jersey, 08012. 4. Defendant, Patrolman Timothy Ryan KohImyer, badge number 206 (hereinafter referred to as "Patrolman.KohInver"), was at all times material hereto, a sworn officer of the Gloucester Township Police Department and performed all Acts pursuant to his/her duties as an officer of same. For purposes of litigation, Defendant Patrolman Kohlinyer's address is in care of the Gloucester Township Police Department at P.O. Box 8 in the Municipality of Blackwood, Township of Gloucester, County of Camden and State of New Jersey, 08012. 5. Defendant, Patrolman Benjamin Lewitt, badge number 231 (hereinafter referred to as "Patrolman Lewitt"), was at all times material hereto, a sworn officer of the Gloucester Township Police Department and performed all acts pursuant to his/her duties as an officer of same. For purposes of litigation, Defendant Patrolman Lewitt's address is in care of the Gloucester Township Police Department at P.O. Box 8 in the Municipality of Blackwood, Township of Gloucester, County of Camden and State of New Jersey, 08012. 6. Defendant, Patrohnan Frank Pace, badge number 165 (hereinafter referred to as "Patrolman Pace"), was at all times material hereto, a sworn officer of the Gloucester Township Police Department and performed all acts pursuant to his/her duties as an officer of same. For purposes of litigation, Defendant Patrolman Pace's address is in care of the Gloucester Township Police Department at P.O. Box 8 in the Municipality of Blackwood, Township of Gloucester,
County of Camden and State of New Jersey, 08012, 7. Defendant Township of Gloucester is a public and/or municipal entity with a maiting address of: P.O. Box 8 in the Municipality of Blackwood, Township of Gloucester, County of Camden and State of New Jersey, 08012. 8. Defendant, John/Jane Doe(s) 1-25, Fictitious Detectives and/or Employees of the Gloucester Township Police Department, were at all times herein, under the employ of Gloucester Township Police Department and performed all acts pursuant to his/her duties as an officer of same and/or individuals to this action who in some manner contributed to the damages and injuries sustained by Plaintiff. Plaintiff hereby reserves the right to substitute the name(s) of the actual party(s) if and when the identity(s) of said individual(s) or business(es) is/are obtained.. 9. Defendants, ABC Corporations 1-50, Entities and/or John/Jane Doe(s) 26-50, Fictitious Persons, are fictitious names used to designate as of yet unknown or unidentified parties, corporations, municipal entities, and/or individuals to this action who in some manner contributed to the damages and injuries sustained by the Plaintiff. Plaintiff hereby reserves the right to substitute the name(s) of the actual party(s) if and when the identity(s) of said individual(s) or business(es) Ware obtained.. FACTUAL BACKGROUND On or about July 23, 2011, plaintiff was walking with wife on or near Price Avenue in Gloucester Township, New Jersey. 2. Specifically, plaintiff and his wife were walking back from his brother's house located at or near Huntington Avenue in Gloucester Township, New Jersey,
3. While en route to their home, located at 319 East Front Street Apt. A, Glendora, New Jersey, plaintiff and his wife were confronted by two individuals, Defendant Patrolman Ritz and Defendant Patrolman Kohlmye. 4. Defendant Patrolman Ritz approached plaintiff and his wife. Defendant Patrolman Ritz made contact with plaintiff and advised him to drop what plaintiff was holding in his hand. A directive with which plaintiff complied, 5. Defendant Patrolman Ritz then placed plaintiff in handcuffs without reason or provocation. 6. At some point thereafter, Defendants, Patrolman Kohlmyer, Patrolman Pace and Patrolman Lewitt arrived at the scene. 7. The defendants then, without reason or provocation, threw Plaintiff against one of the patrol cars on the scene and smashed Plaintiff's head against same. g. After smashing Plaintiff's head against a patrol car, the defendants forcefully threw Plaintiff to the ground. 9. What soon followed was nothing short of an unauthorized, unnecessary and unthrtunate pummeling of the restrained and helpless Plaintiff; which included but was not limited to: closed fisted strikes to plaintiffs person, face and arms; stomps to his lower extremities; kicks to his face; and a knee in the back of his head as a means of restraint. 10. Soon thereafter, defendants placed Plaintiff's lower extremities in leg shackles. 11. Defendants then picked up by his handcuffs and leg shackles and attempted to carry Plaintiff to another patrol ear. 12. During which time, purposefully dropped Plaintiff causing him to strike his head against the pavement,
13. All of the aforementioned conduct of Defendants, Patrolman Ritz, Patrolman Kohlmyer, Patrolman Pace and Patrolman Lewitt, was performed vith and constituted excessive force. 14. Plaintiff felt confused, dazed, paranoid, emotionally disturbed, and sick. As a result of this incident, plaintiff was transported to JFK Memorial Hospital in Stratford, New Jersey, whereupon Plaintiff was treated medically. 15, To this day, Plaintiff is still traumatized from this occurrence and suffers from mental and physical injuries, see infra, and general paranoia on a permanent basis. 16. As a result of the above referenced conduct, Plaintiff was: deprived of his constitutional rights and a victim of police brutality. Plaintiff, moreover, suffered injuries including but not limited to: a fractured left orbital socket; a closed head injury; abrasions to his person; injuries to his right elbow; injuries to his lower extremities, embarrassment; humiliation; loss of freedom and dignity; fear for his life, health, and safety; and Plaintiff was wrongfully assaulted. 17. These injuries were the consequence of all of the Defendants' wrongful, negligent and/or intentional conduct, and moreover, as a consequence of the above mentioned Defendants' failure and/or refusal to eliminate and/ordiscontinue said conduct and/or a. policy and/or atmosphere and environment of wrongful conduct. 18. Upon information and reasonable belief, pursuant to N.J.S.A. Title 59, on or about September 15, 2011, a notice of claim for damages was transmitted to the Township of Gloucester, naming the above-mentioned defendants.
FIRST COUNT UNREASONABLE FORCE - POLICE BRUTALITY I. Plaintiff hereby incorporates by reference the allegations of the Parties section as Well as the General Allegations secf ion as frilly as though the same were set forth herein at length. 2. Defendants, Township of Gloucester Police Department; Patrolman Ritz; Patrolman Kohlmyer, Patrolman Pace; Patrolman Lewitt; Township of Gloucester, John/Jane Doe(s) 1-50; Fictitious Detectives and/or Employees of the Township of Gloucester Police Department were negligent, careless, reckless and wanton in their commission of Police Brutality upon Plaintiff 3, The abovementioned Defendants agreed and/or conspired and/or acted individually and/or in concert to subject Plaintiff to unreasonable force during arrest and/or police brutality. 4. At all times material hereto, Township of Gloucester Police.Department; Patrolman Ritz; Patrolman Kohlmyer, Patrolman Pace; Patrolman Lewitt; Township of Gloucester, joint/jane Doe(s) 1-50; Fictitious Detectives and/or Employees of the Township of Gloucester Police Department were sworn law enforcement officers of the Township of Gloucester Police Department and each performed all acts pursuant to their duties as officers of the Township of Gloucester. 5. At all times material hereto, Defendants John/Jane Doe{,91-50, performed all acts pursuant to the duties as officers, detectives and/or employees of Township of Gloucester Police Department.
6. Said use of unreasonable and unnecessary force resulted in and was the proximate cause of injury to plaintiff, including, but not limited to: a fractured left orbital socket; a closed head injury; abrasions to his person; injuries to his right elbow; injuries to his lower extremities; embarrassment; humiliation; loss of freedom and dignity; fear for his life, health and safety; mental anguish, and paranoia of both a temporary and permanent nature. 7. The aforesaid conduct of Defendants Township of Gloucester Police Department; Patrolman Ritz; Patrolman Kohlmycr, Patrolman Pace; Patrolman Lewitt; Township of Gloucester; John/Jane Doe(s) 1-50; Fictitious Detectives and/or Employees of the Township of Gloucester Police Department; was evil, mean-spirited, repugnant and is demanding of the imposition of punitive damages. WHEREFORE, Plaintiff demands judgment as follows: a. entering a declaratory judgment that the acts, policies, practices, and procedures complained of herein have violated the rights of Plaintiff; b. granting Plaintiff judgment for compensatory damages for all pain and suffering; c. granting Plaintiff punitive and exemplary damages against Defendants Township of Gloucester; Township of Gloucester Police Department; Patrolman Ritz; Patrolman Kohlmyer, Patrolman Pace; Patrolman Lewitt; John/Jane Doe(s) 1-50; Fictitious Detectives and/or Employees of the Township of Gloucester Police Department; d. awarding Plaintiff reasonable attorney's fees, costs and disbursements; e. awarding Plaintiff pre-judgment interest at the prevailing rate; f. granting such other relief as this Court deems just and equitable. SECOND COUNT DEPRIVATION OF CONSTITUTIONAL RIGHTS 1. Plaintiff hereby incorporates by reference the allegations previously set forth as fully as though the same were set forth herein at length. 2. The said assault, detention and/or wrongful threat was entirely unjustified by any actions of the plaintiff and constituted an unreasonable and excessive use of force.
3. This Cause of Action is brought by plaintiff against defendants Defendants Township of Gloucester Police Department; Patrolman Ritz; Patrolman Kohlmyer, Patrolman Pace; Patrolman Lewitt; Township of Gloucester; John/Jane Doe(s) 1-50; Fictitious Detectives and/or Employees of the Township of Gloucester Police Department for deprivation of constitutional rights within the meaning of 42 U.S.C.A. 1983 and the Constitution of the State of New Jersey. 4. The above-described actions subjected plaintiff to a deprivation of rights and privileges secured to plaintiff by the Constitution and laws of the United States, including the due process clause of the Fourteenth Amendment to the Constitution of the United States, within the meaning of 42 U.S.C.A. 1983 and the Constitution of the State of New Jersey 5, All Defendants are liable, jointly, individually, and severally, for the actions of Defendants Patrolman Ritz; Patrolman Kohlmyer, Patrolman Pace; Patrolman Lewitt, since all defendants were present and/or in some manner involved in the events detailed above. 6. Moreover, the abovementioned Defendants in this Complaint acted individually and/or agreed and/or conspired and/o acted in concert to subject plaintiff to a Deprivation of his Constitutional Rights. 7. The actions alleged above deprived Plaintiff of the following rights under the New Jersey Constitution and United States Constitution as follows: a. Freedom from the use of excessive and unreasonable force; b. Freedom from a deprivation of liberty without due process of law; Freedom from summary punishment; d. Equal protection under the law. 8. All Defendants subjected Plaintiff to such deprivations by either malice or a reckless disregard of Plaintiff's rights.
9. The direct and proximate result of all Defendant's acts is that plaintiff has suffered severe injuries including, but not limited to: a fractured left orbital socket; a closed head injury; abrasions to his person; injuries to his right elbow; injuries to his lower extremities; embarrassment; humiliation; loss of freedom and dignity; fear for his life, health and safety; mental anguish, and paranoia of both a temporary and permanent nature, and deprivation of his physical liberty and deprivation of his rights as a citizen of the United States. WHEREFORE Plaintiff dema ds judgment as follows: a. entering a declaratory judgment that the Deprivation of Constitutional Rights complained of herein has violated the rights of plaintiff; b. granting Plaintiff judgment for compensatory damages for all pain and suffering; c. granting Plaintiff punitive and exemplary damages against all Defendant's listed in this Complaint; d. awarding Plaintiff reasonable attorney's fees, costs and disbursements; e. awarding Plaintiff pre judgment interest at the prevailing rate; granting such other relief as this Court deems,just and equitable. THIRD COUNT MUNICIPAL LIABILITY 1. Plaintiff hereby incorporates by reference the allegations previously set forth as fully as though the same were set forth herein at length. 2. Pursuant to N.J.S.A. Title 59, on or about September 15, 2011, a notice of claim for damages was sent to the Township of Gloucester. 3. On or about July 23, 2011, Defendant Township of Gloucester permitted, encouraged, tolerated and ratified a pattern and practice of: a. unjustified and unreasonable Force During Arrest / Police Brutality; and/or b. unjustified and unreasonable False Arrests; and/or c. unjustified and unreasonable Assaults and/or Wrongful Threats with a Deadly Weapon; and/or d. Policies and/or conditions that Deprived citizens of their constitutional rights; and/or
e. Policies and/or conditions that permitted, encouraged, or allowed Malicious Prosecutions and/or abusive police practices to take place. 4. Upon reasonable information and belief, all of the above-mentioned Defendants failed to discipline, prosecute, or in any manner deal with anyone involved in this tragic event. 5. By means of inaction of investigating such occurrences, the above-mentioned Defendants encouraged police officers and/or detectives/prosecutors employed by it/them to believe that unreasonable Force During Arrest, andfor Wrongful Threats and/or Actions that Deprive citizens of their constitutional rights and/or Malicious Prosecutions were permissible actions. 6. The above-mentioned Defendant have maintained no, or an inadequate system of review of use of physical force. This system has thiled to identify instances of improper use of physical force or to discipline, more closely supervise, or retrain officers who in fact improperly used such force. limited to: 7. Upon said information. and belief, the systemic deficiencies include but are not a. preparation of investigative reports which uncritically rely solely on the word of police officers involved in the incidents and which systematically fail to credit testimony by non-police officer witnesses. b. preparation of reports which omit factual information and physical evidence which contradicts the accounts of the officers involved. 8. Defendant also maintained a system that had inadequate training in police practices, including training pertaining to the Jaw of permissible use of physical force in that such program, if any existed, failed to protect the plaintiff in this litigation. 9. The foregoing acts, omissions, and systemic deficiencies are policies and customs of all Defendants listed in this count of the Complaint caused police officers of the above
mentioned Defendant to be unaware of the rules and laws governing permissible use of physical force and to believe that the decision to use physical force when threatening Plaintiff was entirely within the discretion of the officer and that improper usage would not he honestly and properly investigated, all with the foreseeable result that officers are more likely to use unnecessary and unwarranted physical force in situations where such force is neither necessary, reasonable under these circumstances, nor legal. 10. As a direct and proximate result of the aforesaid acts, omissions, systemic deficiencies, policies and customs of Defendant improperly used unreasonable Force During Arrest, and/or committed False Arrest, and/or Wrongfully threatened. Plaintiffs with excessive force and/or Depriving Plaintiff of his constitutional rights and/or improperly caused a malicious Prosecution to Occur all to the Detriment of Plaintiff. WHEREFORE, Plaintiff demands judgment as follows: a. entering a declaratory judgment that the acts complained of herein has violated the rights of Plaintiff; b, granting Plaintiff judgment for compensatory damages for all pain and suffering; c. granting Plaintiff punitive and exemplary damages against all Defendants listed in this count of the Complaint; d. awarding Plaintiff reasonable attorney's fees, costs and disbursements; e. awarding Plaintiff pm-judgment interest at the prevailing rate; granting such other relief as this Court deems just and equitable. FOURTH COUNT ASSAULT AND BATTERY 1. Plaintiff hereby incorporates by reference the allegations previously set forth as fully as though the same were set forth herein at length. 2, This Cause of Action is brought by plaintiff against Defendants Township of Gloucester Police Department; Patrolman Ritz; Patrolman Kohlmyer, Patrolman Pace; Patrolman Lewitt; John/Jane Doe(S) 1-50; Fictitious Detectives and/or Employees of the
Township of Gloucester Police Department for assault and battery. 3. The direct and proximate result of all Defendant's acts is that plaintiff has suffered severe injuries including, but not limited to: a fractured left orbital socket; a closed head injury; abrasions to his person; injuries to his right elbow; injuries to his lower extremities; embarrassment; humiliation; loss of freedom and dignity; fear for his life, health and safety; mental anguish, and paranoia of both a temporary and permanent nature, and deprivation of his physical liberty and deprivation of his rights as a citizen of the United States. WHEREFORE Plaintiff demands judgment as follows: a. entering a declaratory judgment that the Deprivation of Constitutional Rights complained of herein has violated the rights of plaintiff.; b. granting Plaintiff' judgment for compensatory damages for all pain and suffering; c. granting Plaintiff punitive and exemplary damages against all Defendant's listed in this Complaint; d. awarding Plaintiff reasonable attorney's fees, costs and disbursements; e. awarding Plaintiff pre-judgment interest at the prevailing rate; f. granting such other relief as this Court deems just and equitable, FIFTH COUNT NEGLIGENCE Plaintiff hereby incorporates by reference the allegations previously set forth as fully as though the same were set forth herein at length. This Cause of Action is brought by plaintiff against Defendants Township of Gloucester Police Department; Patrolman Ritz; Patrolman Kohlmyer, Patrolman Pace; Patrolman Lewitt; John/Jane Doe(s) 1-50; Fictitious Detectives and/or Employees of the Township of Gloucester Police Department for negligence. 3. The direct and proximate result of all Defendants' negligent acts is that plaintiff has suffered severe injuries including, but not limited to: a fractured left orbital socket; a closed head injury; abrasions to his person; injuries to his right elbow; injuries to his lower extremities;
embarrassment; humiliation; loss of freedom and dignity; fear for his life, health and safety; mental anguish, and paranoia of both a temporary and permanent nature, and deprivation of his physical liberty and deprivation of his rights asa citizen of the United States. WHEREFORE Plaintiff demands judgment as follows: a. entering a declaratory judgment that the Deprivation of Constitutional Rights complained of herein has violated the rights of plaintiff; b. granting Plaintiff judgment for compensatory damages for all pain and suffering; c. granting Plaintiff punitive and exemplary damages against all Defendant's listed in this Complaint; d. awarding Plaintiff reasonable attorney's fees, costs and disbursements; e. awarding Plaintiff pre judgment interest at the pre iailing rate; f. granting such other relief as this Court deems just and equitable. SIXTH COUNT GROSS NEGLIGENCE I Plaintiff hereby incorporates by reference the allegations previously set fm-th as fully as though the same were set forth herein at length. 2. This Cause of Action is brought by plaintiff against Defendants Township of Gloucester Police Department; Patrolman Ritz; Patrolman Kohlrnyer, Patrolman Pace; Patrolman Lewitt; john/sane Doe(s) I-50; Fictitious Detectives and/or Employees of the Township of Gloucester Police Department for gross negligence. 3. The direct and proximate result of all Defendants' gross negligence and reckless acts is that plaintiff has suffered severe injuries including, but not limited to: a fractured left orbital socket; a closed head injury; abrasions to his person; injuries to his right elbow; injuries to his lower extremities; embarrassment; humiliation; loss of freedom and dignity; fear for his life, health and safety; mental anguish, and paranoia of both a temporary and permanent nature, and deprivation of his physical liberty and deprivation of his rights as a citizen of the United States.
WHEREFORE Plaintiff demands judgment as follows: a. entering a declaratory judgment that the Deprivation of Constitutional Rights complained of herein has violated the rights of plaintiff; b. granting Plaintiff judgment for compensatory damages for all pain and suffering; c. granting Plaintiff punitive and exemplary damages against all Defendant's listed in this Complaint; d. awarding Plaintiff reasonable attorney's fees, costs and disbursements; e. awarding Plaintiff pre-judgment interest at the prevailing rate; f. granting such other relief as this Court deems just and equitable. JURY DEMAND Plaintiff, hereby demands a trial by jury as to all issues so triable. DEMAND FOR ANSWERS TO INTERROGATORIES Plaintiff hereby demands answers to Interrogatories in the form attached hereto within the - appropriate time period prescribed in R. 4:17-4. DEMAND FOR DISCOVERY OF INSURANCE COVERAGE Pursuant to R. 4:10-2(b), demand is made that defendant disclose to plaintiffs attorney whether or not there are any insurance agreements or policies under which any person or firm carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or indemnify or reimburse for payments made to satisfy the judgment and provide plaintiffs attorney with true copies of those insurance agreements or policies, including, but not limited to, any and all declaration sheets. This demand shall include and cover not only primary coverage, but also any and all excess, catastrophe, and umbrella policies.
CERTIFICATION PURSUANT TO CIVIL PRACTICE RULE 4:54 Pursuant to the provisions of the undersigned hereby certifies to the best of his knowledge, information and belief that: 1. The matter in controversy is not the subject of any other proceeding. 2. There is no other action or arbitration contemplated, 3. There are no other parties who should be joined in the matter in controversy. I certify that the foregoing statements made by me are true and correct to the best of my knowledge, info -nation and belief Dated: 7. 18... 3 Ada rut, Esquire
GENERAL RELEASE AND SETTLEMENT AGREEMENT RELEASE made the ` t day of "I/ di, 2014, by Scott V. Dove (hereinafter, "Plaintiff'). FOR THE TOTAL AND SOLE CONSIDERATION of the sum total of THIRTY THOUSAND DOLLARS ($30,000.00) from or on behalf of Gloucester Township Police Department, Patrolman Thomas J. Ritz, Patrolman Timothy Ryan Kohlmyer, Patrolman Benjamin Lewitt, Patrolman Frank Pace, the Township of Gloucester, and its insurers, including but not limited to, the Charter Oak Ike. Insurance Company (hereinafter referred to as "Defendants"), Plaintiff, being of legal age and sound mind and intending to be legally bound, does hereby: 1. remise, release and forever discharge Defendants, their insurers, predecessors, successors, assigns, officers, directors, owners, current and former employees, agents, servants, affiliates, parent companies, subsidiaries, heirs, personal representatives, and attorneys, (collectively "Releasees") -- of and from any and all claims, liens, actions, causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, agreements, judgments and demands whatsoever in law or equity, whether or not heretofore known, foreseen, suspected, or asserted, which Plaintiff ever had, now has, or which Plaintiff; or any of his successors, assigns, heirs and personal representatives hereafter can, shall, or may have arising out of, relating to, resulting to the matters, events and/or occurrences made or which could have been made the subject of the case captioned Scott V. Dove v. Gloucester Township. Police Department, et al Superior Court of New Jersey, Law Division, Camden County, No. L-2934-13 (hereafter "Released Claims"); 2. agree that should any Released Claims (as defined herein) ever be asserted against Releasees, then Plaintiff shall defend, indemnify and hold Releasees harmless against any such
Released Claims, and shall satisfy any such Released Claims out of the settlement payment made to Plaintiff and out of such other of his assets as may be required; 3. agree that he has exercised due diligence and that to the best of his knowledge, no liens or claims for payment by any governmental entity/entities currently exist for any alleged injuries that were or could have been made the subject of the case captioned Scott V. Dove v. Gloucester Township Police Department, et al., Superior Court of New Jersey, Law Division, Camden County, No. L-2934-13, other than those previously disclosed to Defendants; 4. agree that he will fully pay and satisfy the child support lien held by the New Jersey Department of Human Services, Office of Child Support Services in Case No. CS02416750B from settlement payment in this matter, and agree that should he fail to fully pay and satisfy said child support lien, then Plaintiff shall defend and indemnify Defendants out of the settlement payment and out of such other assets as may be required for any payments, fees, fines, and/or costs Defendants may incur in paying and satisfying said child support lien; 5. agree that (a) this General Release and Settlement Agreement shall be deemed to be governed by the laws of the Commonwealth of Pennsylvania, (b) a photocopy of the fully executed original of this General Release and Settlement Agreement shall be deemed an original for any and all purposes, (c) the settlement in connection with which this General Release is being executed is a compromise of disputed claims and is not and shall not be construed as an admission or concession of liability or wrongdoing of any nature on the part of Certain Named Releasees, and (d) this General Release and Settlement Agreement may not be modified orally; and 6. agree to discontinue Scott V. Dove v. Gloucester Township Police Department, et al, Superior Court of New Jersey, Law Division, Camden County, No. L-2934-13, with
prejudice, each party to bear its own costs, attorneys' fees and disbursements and all other expenses incurred in connection with, during or in preparation for the Litigation. I, SCOTT V. DOVE, HAVE READ THIS GENERAL RELEASE AND SETTLEMENT AGREEMENT AND IT HAS BEEN FULLY EXPLAINED TO ME BY MY ATTORNEY, DAVID L. HASNER, ESQUIRE, AND I INTEND TO BE BOUND BY ITS TERMS. IN WITNESS WHEREOF, I, Scott V. Dove, the undersigned, intending to be legally bounkhave executed this General Release and Settlement Agreement this day of 2014.