SETTLEMENT AGREEMENT AND RELEASE

This Agreement is being entered into on June 2017 between THE BOROUGH OF
TUCKERTON, MICHAEL CAPUTO, and CHRISTOPHER ANDERSON for the benefit of
themselves, all present, future, and former related corporate entities and their past, present,
future, and former officers, directors. commissioners, board members, employees, agents,
successors, and assigns (hereinafter collectively referred to as "Borough Defendants") and
JUSTIN M. CHERRY and MICHELE CHERRY, (hereinafter referred to as "Employee"
and/or "You" or "Your" or "Plaintiffs"). The Borough Defendants and Plaintiffs are hereinafter
also referred to collectively as "the Parties."

WHEREAS, Justin Cherry is an employee of the Borough of Tuckenon who has been
suspended from employment since February 4.2014;

WHEREAS, Plaintiffs filed federal and state lawsuits under the captions of Justin M.
Cherry and Michele Cherry v. Borough of Tuckerton. Chief of Police Michael Caputo. and Ssgt.
Christopher Anderson, United States District Court for the District of New Jersey, Civil Action
No. 16-cv-00505 and Justin M. Cherry and Michele Cherry v. Borough of Tuckerton, Chief of
Police Michael Caputo. and Ssgt. Christopher Anderson, Superior Court of New Jersey, Ocean
County, OCN-L-293-16 (hereinafter the litigation");

WHEREAS, the Borough Defendants deny all claims and allegations made in the
litigation;

WHEREAS, the Borough of Tuckerton notified Justin Cherry on March 20, 2017 that he
owed it $16,774.64 in unpaid premium contributions for various medical/health benefits;

WHEREAS, the Parties now wish to resolve the Federal and State lawsuits described
above amicably without further litigation;

In exchange for the mutual promises set forth below, and intending to be legally bound,
the Parties hereby acknowledge and agree to the following terms and conditions:

1. SETTLEMENT PAYMENT AND CONSIDERATION. The Parties hereby

agree:

The Borough Defendants and/or their insurer hereby agree that they shall pay
Plaintiffs the total sum of $8,225.36. Such payment shall be made within
thirty (30) days of the Borough of Tuckerton's Governing Body's approval of
this Agreement, the Court's approval of this Agreement, and the Borough
Defendants' receipt of the last of the following documents: an executed
Settlement Agreement signed by Plaintiff, a W9 for Plaintiff and his attorney,
and a clear child support judgment certification for Plaintiff.

(a) Such payment shall be made by one check payable to one check made payable
to Justin Cherry, Michele Cherry, and Law Offices of Riley and Riley.
 (b) The Borough of Tuckerton agrees to forgive any and all of Justin Cherry's
unpaid premium contributions as described above.

(c) The Borough Defendants and/or their insurer shall not make any state or
federal tax withholdings on such monies and shall issue an appropriate 1099
related to such payment to each of the parties who receives a check as set
forth in paragraph (a) above. Plaintiffs (and their attorneys) hereby agree that
they are solely responsible for any and all state and/or federal taxes which
arise as a result of this payment to them and that the Borough Defendants
and/or their insurer shall have no responsibility for such tax liability. Plaintiffs
further agree that in the event that any action is brought against the Borough
Defendants and/or their insurer related to its failure to pay or withhold
appropriate taxes on such monies that they shall indemnify and hold the
Borough Defendants and/or their insurer harmless for any such claims or
damages incurred by the Borough Defendants and/or their insurer related to
such action.

(d) The parties agree that Plaintiff will maintain full and exclusive ownership of
K9 Gunner. Defendants shall have no interest, possessory or otherwise, with
regard to K9 Gunner.

2. GENERAL RELEASE. In exchange for the valuable consideration provided in

this Agreement, including, but not limited to, the payment described above,

(a) Plaintiffs shall hereby withdraw and/or dismiss with prejudice the litigation
presently pending between the Parties and their attorney shall execute any
documents required by the Court to effect such dismissal.

(b) Plaintiffs hereby, jointly and individually, waive, relinquish, and forever
release the Borough Defendants and/or their insurer from any and all rights or
claims whatsoever that they may have against the Borough Defendants and/or
their insurer. This includes, but is not limited to, those related to and/or arising
out of employment and/or cessation of employment with the Borough
Defendants and/or their insurer, including, but not limited to, claims asserted
and filed in the aforementioned litigation, and any claims of employment
discrimination or harassment with regards to any alleged protected category,
status, or class, including, but not limited to, age, sex, religion, race, disability,
or national origin, breach of contract, wrongful termination, hostile work
environment, wrongful discharge. constructive discharge, defamation, slander,
intentional and/or negligent infliction of emotional distress, personal injury,
per quod claims, lost wages, and any other economic and/or non-economic
damages whatsoever. Plaintiffs specifically waive any rights that they may
have under the Fair Labor Standards Act, New Jersey Wage and Hours Law,
Age Discrimination in Employment Act, New Jersey Law Against
Discrimination, Conscientious Employee Protection Act. Title VII of the Civil
 Rights Act of 1964, the Americans With Disabilities Act, the Equal Pay Act,
the New Jersey and/or United States Constitutions, the Employee Retirement
Income Security Act, the Family and Medical Leave Act, the New Jersey
Family Leave Act, or any other federal, state, or local law or ordinances and
any common law claims under tort, contract, or any other theories now or
hereafter recognized or any claim related to any Borough policy, procedure, or
plan, or collective bargaining agreement, other than specifically described in
paragraph (c) below. This releases all claims, including those of which
Plaintiffs are not aware and those not mentioned in this Release. This Release
applies to claims resulting from anything which has happened up to now and
is intended to be broadly construed and to include all claims whatsoever.
Justin Cherry further warrants and acknowledges he is not aware of any injury
suffered as a result of employment or any worker's compensation claim of
which he has not already notified the Borough and/or its insurer. This Release
includes any claim for costs and/or attorneys' fees related to the litigation
referenced above. Each party shall bear its own costs and attorneys' fees
related to the litigation.

(c) Claims Not Released: Notwithstanding the claims released in Paragraph 2(b),
above, Justin Cherry specifically reserves his right to seek reinstatement of
employment with and back pay and attorney's fees from the Borough of
Tuckerton should he be acquitted of all criminal charges currently pending
against him. The Borough of Tuckerton specifically reserves its right to assert
administrative charges against Justin Cherry seeking his removal from
employment and denying any request for reinstatement, back pay, and/or
attorney's fees. The Borough further reserves its right under any applicable
collective bargaining agreement, statute, rule, and/or regulation to pursue
disciplinary action against Justin Cherry, including but not limited to his
termination from employment.

(d) Justin Cherry has specifically discussed the release of his Fair Labor
Standards Act claims with his attorney and agrees that the consideration he
will receive as a result of this Agreement fully and fairly compensates him for
any unpaid overtime to which he reasonably believes he is legally entitled.

3. DISMISSAL OF LAWSUIT AND APPROVAL OF SETTLEMENT. As

referenced above, the Parties agree to execute any and all documents which may
be requested or required to effect the dismissal of the pending lawsuit with
prejudice immediately upon their execution of this Agreement, including but not
limited to any necessary request or motion to the Court to approve the settlement
of Justin Cherry's Fair Labor Standards Act claims. The Governing Body of the
Borough of Tuckerton must formally approve this Agreement. All reasonable
efforts will be made to timely obtain such approval at the Governing Body's
meeting immediately following Plaintiff's execution of this Agreement. This
Agreement is null and void without the approval of the Governing Body.
4. COVENANT NOT TO SUE. Plaintiffs hereby warrant that as of the date they
are executing this Agreement they have not jointly or individually filed any other
litigation against the Borough Defendants and/or their insurer except for the
litigation referenced above. Further, Plaintiffs agree that they will not jointly or
individually file, charge, claim, sue, or cause or permit to be filed any civil action,
suit, or legal proceeding seeking personal, equitable, or monetary relief on his
behalf against the Borough Defendants and/or their insurer whatsoever including,
but not limited to, any claims concerning Justin Cherry's employment with the
Borough of Tuckerton or his suspension from employment, up to and including
the date of this Agreement except as explicitly indicated in Paragraph 2(c), above.
Plaintiffs further agree that should any person, organization, or other entity file,
charge, claim, sue, or cause or permit to be filed any such civil action, suit, or
legal proceeding, Plaintiffs will not seek or accept any personal relief in such civil
action, suit, or legal proceeding except as explicitly indicated in Paragraph 2(c),
above. In the event of a violation of this paragraph, Plaintiffs agree that the
Borough Defendants and/or their insurer shall be entitled to immediate dismissal
of such civil action, suit, or legal proceeding and that Plaintiffs shall be
responsible for the payment of the reasonable attorneys' fees and expenses
incurred by the Borough Defendants and/or their insurer's defense. Plaintiffs
further agree that they will not file nor permit any other party to file charges with
any governmental agency relating to any claims arising out Justin Cherry's
employment with the Borough or the suspension of his employment, exclusive of
a claim for unemployment compensation benefits except as explicitly indicated in
Paragraph 2(c), above up to and including the date of this Agreement. This
provision shall not be construed as precluding Plaintiffs from testifying, assisting,
or otherwise participating in any proceeding before the Equal Opportunity
Employment Commission on behalf of any third party provided the claim is not
filed by either of them. This provision shall not be construed as precluding
Plaintiff from instituting suit for any and all causes of action that begin to accrue
after the date of this agreement.

5. NO ADMISSION OF LIABILITY. Plaintiffs understand that by entering into

this Agreement the Borough Defendants do not admit and expressly deny that
they have committed any wrongdoing. In addition, the settlement of this matter
shall not be deemed precedential in any future disputes and shall not be evidential
or admissible for any purpose against or in favor of any party unless for the sole
purpose of enforcing this Agreement. No party is to be deemed a prevailing party
as a result of this Agreement for any purpose.

6. CONFIDENTIALITY. Plaintiffs agree that this Agreement and all of its terms
and conditions and negotiations and/or discussions leading up to this Agreement
are confidential. Plaintiffs agree that they have not and will not communicate or
disclose the terms of this Agreement to any person other than their attorney,
accountant, or members of their immediate family, each of whom shall be first
advised of the confidentiality provision of this Agreement. In the event that they
are asked about the litigation referenced above, Plaintiffs agree that they will state
 only that the matter has been settled and/or resolved to the Parties' satisfaction.
Plaintiffs recognize and agree that the representations, promises, and covenants
set forth in this paragraph constitute a material and significant part of this
Agreement and that the Borough Defendants would not have entered into this
Agreement absent such agreement by them and, therefore, any violation of this
paragraph will constitute a material violation and breach of the Agreement. In the
event of a judicial finding of a breach of this provision of the Agreement, the
Borough Defendants shall have the right to seek liquidated damages in the full
amount of the Settlement Payment made to Plaintiffs and the full amount of Justin
Cherry's unpaid premium contributions and to recover all costs and reasonable
attorneys' fees incurred related to any such action.

Should Plaintiffs and/or their attorney be requested to provide a copy of this

Agreement to any party by subpoena or Court Order, they shall notify the
Borough Defendants at least five (5) days prior to any return date of any subpoena
or upon receipt of any Court Order. All such notices shall be sent to the
Administrator/Clerk of the Borough of Tuckerton.

10. ACKNOWLEDGMENT. YOU ACKNOWLEDGE THAT YOU HAVE

READ ALL OF THE TERMS OF THIS AGREEMENT, AND YOU HAVE
HAD AN OPPORTUNITY TO DISCUSS IT WITH INDIVIDUALS OF
YOUR OWN CHOICE WHO ARE NOT ASSOCIATED WITH THE
BOROUGH DEFENDANTS. YOU HAVE BEEN ADVISED BY THE
BOROUGH DEFENDANTS TO CONSULT WITH AN ATTORNEY OF
YOUR OWN CHOOSING AND THAT YOU HAVE IN FACT BEEN
REPRESENTED BY THE LAW OFFICES OF RILEY & RILEY AT THE
TIME OF EXECUTION OF THIS AGREEMENT. YOU UNDERSTAND
THAT BY SIGNING THIS AGREEMENT AND ACCEPTING THE
TERMS SET FORTH ABOVE, YOU ARE RECEIVING BENEFITS TO
WHICH YOU WOULD NOT OTHERWISE BE ENTITLED. YOU
UNDERSTAND THAT YOU ARE RECEIVING SUCH BENEFITS AS A
RESULT OF ENTERING INTO AND COMPLYING WITH THE TERMS
AND PROVISIONS OF THIS AGREEMENT. YOU HEREBY
ACKNOWLEDGE THAT YOU SIGN THIS AGREEMENT
VOLUNTARILY AND KNOWINGLY IN EXCHANGE FOR THE
CONSIDERATION DESCRIBED HEREIN, WHICH YOU
ACKNOWLEDGE IS ADEQUATE AND SATISFACTORY; THAT YOU
HAVE BEEN PROVIDED AN OPPORTUNITY TO REVIEW AND
CONSIDER THIS AGREEMENT PRIOR TO SIGNING IT. YOU ALSO
AGREE AND ACKNOWLEDGE YOU HAVE HAD AN OPPORTUNITY
TO DISCUSS THIS AGREEMENT WITH YOUR ATTORNEY AND/OR
UNION REPRESENTATIVES PRIOR TO SIGNING IT.

11. GOVERNING LAW AND CONSTRUCTION. This Agreement shall be

governed by the laws of the State of New Jersey. Any disputes arising out of
and/or relating to this Agreement shall be filed only in the state and/or federal
 courts in Ocean County, New Jersey and both parties consent to personal
jurisdiction in such courts for any such actions.

12. ENTIRE AGREEMENT AND HEADINGS. This Agreement embodies the

entire agreement and understanding between the Parties and supersedes all prior
agreements and understandings related to the subject matters hereof. The headings
in this Agreement are for purposes of reference only and shall not limit or
otherwise affect the meaning of this Agreement or its provisions.

13. MODIFICATIONS AND AMENDMENTS. This Agreement shall not be

modified or amended except by writing duly executed and signed by the Parties to
this Agreement.

14. PROVISIONS. In the event that any provision of this Agreement is deemed
invalid, illegal, void, or unenforceable, such provision shall be regarded as
stricken from this Agreement and will not affect the validity or enforceability of
the remainder of this Agreement.

SIGNATURE: DATE:
Justin M. Cherry

SIGNATURE: DATE:
Michele Cherry

SIGNATU DATE: S 7) 1 I 7
J= Gleghor ugh Ai inistrator
o o The Boro Tuckert n

SIGNATURE: DATE: 'SO I I 7

Michael Caputo
SIGNATURE: DATE: 3--i)
Ch topher erson
96/27/ 2017 13:36 7322447819 STRSA PAGE 02/02

cows in Ocean County, New Jersey and both patties consent to personal
jurisdiction in such courts for any such actions.

12. ENTIRE AGREEMENT AND READINGS. This Agreement embodies the

entire agreement and tmderstanding between the Parties and supersedes all prior
agreements and understandings related to the subject matters hereof. The headings
in this Agreement are for purposes of reference only and shall not limit or
otherwise affect the meaning of this Agreement or its provisions.

13. MODIFICAylONS AND AMENDMENTS This Agreement shall not be

modified or amended except by writing duly executed and signed by the Parties to
this Agreement

14. pROVISIONS In the event that any provision of this Agreement is deemed
invalid. illegal, void, or unenforceable, such provision shall be regarded as
stricken from this Agreement and will not affect the validity or enforceability of
the remainder of this Agreement.

DATE: GP 7 /

SIGNATURE: .-1141z-44-14 tagatle- DATE: I -7

Michele Cherry

SIGNATURE: DATE:
Jenny Gleghorn, Borough Administrator
Milo The Borough of Tueltertott

SIGNATURE: DATE:
Michael Caputo