LC17E-1001544

ESSEX COUNTY - CONSUMER ISSUE

Client seeking consultation to determine legal options. Please note client is Spanish-speaking. 

LC is 78 years old and Spanish-speaking only. She purchased four airline tickets through a travel agency, World Trade Travel. The airline, Dynamic Airways, has filed for bankruptcy. LC is seeking to recover $1,884 that she had paid for the tickets. The travel agency has not responded to LC’s numerous attempts at contacting them, both in writing and by phone. LC requires assistance with determining her legal options and pursuing them.

To review, email donuschak@vljnj.org

MI17E-1001540

ESSEX COUNTY - DIVORCE

Client is seeking full representation in divorce matter. Please note client is Spanish-speaking. 

MI is a Spanish-speaking 58-year-old disabled woman. The parties married in 1997. She has limited English proficiency. Due to her disability, which she sustained during employment, MI has been unemployed for the last 17 years.. The parties jointly own a 3-family home. The parties reside in their marital home and occupy one of the floors, and the other two they rent out to their two tenants. The house was in foreclosure because the former tenant was not paying rent.  Presently, the parties entered into a modification agreement with the bank in order to avoid foreclosure. The husband is employed full-time but has not contributed to any household related expenses and does not provide any financial assistance to MI The husband was in a car accident and has reached a settlement, the amount of which is unknown to MI  MI is seeking divorce, alimony, equitable distribution, and any other relief she is entitled to.

To review, email donuschak@vljnj.org

TB17E-1001537

BURLINGTON COUNTY - REAL ESTATE 

Consultation to discuss legal options re: real estate issue

TB purchased a home earlier this year from an elderly woman who co-owned the home with her now-deceased husband. TB hired a realtor for the search and purchase of the home, but not a lawyer. There was no survey of the home or formal walk-through. The home has a fenced-in backyard with a permanent metal structure and a shed, which the seller indicated would be included with the purchase of the home. Shortly after purchasing the home and moving in, TB discovered (and confirmed with her realtor) that the home sits on one of the three lots owned by the prior owner, and TB technically only purchased one lot. TB is now concerned that the prior owner will begin utilizing the yard since she still owns the land, or that her children might ultimately inherit the property. TB is seeking a consultation with a lawyer to discuss her legal options.

To review, email donuschak@vljnj.org

MG17E-1001407

ESSEX COUNTY - DIVORCE

MH is seeking a divorce from her emotionally and physically abusive husband.  Parties married in 1999 and have an adult child in college.  Under emotional duress from her husband, MH signed a quit claim deed for their joint marital home over to her husband, who is now trying to force her out of their home.  MH used part of her pension to save the marital home from foreclosure.  She does not have access to her husband’s financial records.  He has removed her from their car insurance policy, thus severely limiting her ability to commute.  MH is permanently disabled and unable to work.  Her only source of income is from SSD.  Husband works at a tractor trailer driver and earns over $80,000 per year.  MH is seeking alimony, equitable distribution of marital assets, and for her husband to contribute towards their child’s college costs.

To review, email donuschak@vljnj.org

AG17E-1001474

ESSEX COUNTY - DIVORCE

AG is a victim of domestic violence and human trafficking.  Parties married in 2015 and separated in 2017.  They have a 3-year-old child together. They have a pending DYFS case. Husband was ordered to pay $500 per month in child support, but is in arrears for a portion of the child support payment.  There is a non-dissolution custody and parenting time order in place.  There was a temporary restraining order, which was later dismissed. Parties have no assets or debts together.  Parties each have their own bank account.  AG is seeking a divorce and sole custody of their child.

To review, email donuschak@vljnj.org

PC17E-1001169

ESSEX COUNTY - DIVORCE

PC is seeking a divorce from her abusive husband.  Parties married in 2011.  They have no joint children together.  PC is permanently disabled and her only source of income is SSI and food stamps.  Due to severe back injuries, PC has been unable to work since 2011. Her husband works for a trucking company and is also in a union.  PC has been a victim of her husband’s psychological abuse for years.  Parties live with husband’s relatives, who are likewise abusive of her, in the marital home. Recently, one of her in-laws pushed her to the ground.  PC is seeking equitable distribution of her husband’s pension with the union, and alimony or an appropriate alternative. 

To review, email donuschak@vljnj.org

MB17E-1001406

ESSEX COUNTY - DIVORCE

MB, age 76, is seeking a divorce from her husband. Parties married in 1987.  Parties separated in 2015. MB stopped working in 2015 due to severe health problems resulting from a car accident and a liver transplant.  MB’s husband is retired and both are receiving retirement benefits from Social Security.  In 2014, MB’s husband stole $7,000 from her money market account.  MB is not seeking alimony.  She only wants her husband to return the money that he took from her money market account.

To review, email donuschak@vljnj.org

 

AD17E-1001069

ESSEX COUNTY - SPECIAL EDUCATION

Request for and representation at IEP meeting to advocate for out-of-district placement

IM is an 8-yr-old 3rd-grader who has been diagnosed with ADHD and ODD. DCPP is IM’s legal guardian, but a social worker (AD) has been appointed by a judge as his limited guardian for education purposes. IM was removed from the home of his mother, who struggles with mental illness and substance abuse, in 2015; his father is incarcerated. AD identified IM as needing a special education evaluation in June 2016 but only in March 2017 was he finally determined eligible (based on the category of emotionally disturbed) and placed in his current behavioral disabilities class. When DCPP moved IM to his current therapeutic foster home in April 2017, the agency determined that he should remain in his new school in order to maintain educational stability. AD believes that IM’s current educational program cannot meet his needs. IM has been suspended and sent home repeatedly from his current school due to emotional outbursts and inappropriate behaviors. He has also had several partial hospitalizations. At a meeting in September, IM’s social worker from Youth Consultation Services (YCS) advocated for a therapeutic out-of-district program, and in October AD sent a written request for the same to the district’s special education director. The district improperly asked that YCS provide IM with a 1:1 aide and change his medication, and has not responded to the written request (which it was required to do within 20 days). School staff has reportedly said that the district does not have the money to provide additional services for IM. AD is seeking an attorney to advocate for an appropriate IEP and out-of-district placement for IM.

To review, email donuschak@vljnj.org

UNDER REVIEW

LS15E-4009498

ESSEX COUNTY - DRIVER'S LICENSE RESTORATION

Representation to resolve one outstanding matter, preventing fully restored NJ driving privileges.

LS is a disabled veteran, who served in Operation Desert Storm, and obtained brief service to restore his NJ driver’s license in 2016. LS had multiple outstanding fines, with several different municipalities. A year later, all but one municipality has been cleared and LS is struggling to resolve one last suspension in an Essex County municipality, on his own.

To review, emailed donuschak@vljnj.org

GW17E-1001475

HUNTERDON COUNTY - NAME CHANGE

Client is seeking a consult with an attorney to review his documents, and potentially file a name change application. Client needs new birth certificate to be issued due to error. 

GW, a veteran, believed he was born with the name he currently uses and is present on all forms of ID. GW recently learned that his step mother adopted him at birth.  He wants his birth certificate changed so it can reflect the name he has used all his life, and the name in which all his children have; additionally, because of this error, GW has always struggled to upkeep basic records, like his driver's license.    

To review, email donuschak@vljnj.org

UNDER REVIEW

AP17E-1000643

PASSAIC COUNTY - SPECIAL EDUCATION

Client is Spanish-speaking. Negotiation with district regarding spec. ed. services and comp. ed.

AM is a 3-yr-old who received services for speech and language through Early Intervention. When she turned 3 last fall, AM was not appropriately referred for an initial evaluation to determine eligibility for speech and language services, resulting in termination of these services. In April 2017, she had surgery for her ears and a tonsillectomy. AM’s mother, AP, believes that her daughter’s speech is regressing and she still requires speech and language services. AP is seeking an IEP providing AM with special education services consisting of speech and language therapy, and compensatory services for the period of time AM failed to receive speech and language therapy.

To review, email donuschak@vljnj.org

TB17E-1001389

ESSEX COUNTY - CONSUMER DEBT

Representation in Law Division case

TB was in a car accident in June 2015 in which the passengers in the car in front of her slammed on the brakes, causing TB to hit their car.  The police declined to come to the scene of the accident because there were no injuries and no airbags deployed.  Two years later, the passengers filed a lawsuit in the Law Division against TB and her insurance company, claiming that they had sustained severe and grievous personal injuries.  TB filed a pro se answer and noted, as an affirmative defense (on the advice of an attorney she met with at a VLJ clinic), that the complaint was filed after the two-year statute of limitations had expired.  TB is seeking an attorney who could represent her in the lawsuit and possibly file a motion for summary judgment.

To review, email donuschak@vljnj.org

UNDER REVIEW

GM17E-1001115

ESSEX COUNTY - ESTATE PLANNING

Draft estate planning documents, including living will, POA and medical care directives. Attorney must have prior estate planning experience. 

GM is a 78 year old, mother of 5, looking to have her estate planning documents prepared. She is not in the best health, and would like to prepare everything she can to make things easier on her daughters. GM has very few assets and debt.

UNDER REVIEW

MM17E-1000995

MORRIS COUNTY - SPECIAL EDUCATION

Note client is Spanish-speaking. Negotiation with district regarding IEEs, IEP amendments, and comp. ed.

MT is a 7-yr-old who just completed 1st grade. He has been diagnosed with dyslexia, but was only found eligible for special education services in May 2017 after MT’s mother, MM, obtained a private neurodevelopmental evaluation. Despite his diagnosis, his IEP does not include any multi-sensory reading instruction and offers only 30 minutes per day of pull-out supplementary instruction for reading and language arts. The district told MT’s mother, MM, that it does not have any teachers who are certified to teach dyslexic students. MT’s inability to read is impacting his self-esteem and willingness to go to school; he has been calling himself stupid and becoming withdrawn. MM is seeking an independent educational and speech-language evaluation if warranted, an IEP that provides for intensive multi-sensory direct reading instruction using a research-based method from a qualified teacher, and compensatory educational services if warranted.

To review, email donuschak@vljnj.org

ET17E-1001069

MIDDLESEX COUNTY - SPECIAL EDUCATION

Client is Spanish speaking. Negotiation with district regarding IEP and placement

NT is an 11-yr-old student who just completed 5th grade. She is classified as having a language disorder and placed in an in-district pull-out resource program. NT’s mother, ET, believes her daughter has not made progress academically and has severe social, emotional, and behavioral problems at home. About a year ago, she was diagnosed with autism, but the district does not acknowledge this diagnosis. ET is seeking representation at an upcoming IEP meeting to request an appropriate IEP and placement.

To review, email donuschak@vjlnj.org

AS17E-1000474

ESSEX COUNTY - WILL

Seeking attorney to prepare AS's will

AS is a 54-year-old, Army veteran seeking to have a will drafted. AS is disabled, with service-connection through the VA. AS plans to leave any assets he has at the time of his death, to his son, step-daughter, and home health aide. AS has a few minor assets, and less than $100 worth of debt.

To review, email donuschak@vljnj.org

UNDER REVIEW

BF17E-1001098

ESSEX COUNTY - WILL PROBATE

Consult

BF's father passed away in February 2016. When BF went to probate her father’s will, her step mother claimed there was no will, although she, BF and BF’s siblings are all named in the will. The court has accepted the will, but BF is seeking a consultation with an attorney to review what she needs to do in order to move forward in the probate process, address her father’s estate (now in foreclosure) and resolve his passing wishes. 

To review, email donuschak@vljnj.org

AB17E-1001065

ESSEX COUNTY - PROBATE

Advice and representation to administer estate of deceased uncle. Attorney must have prior experience handling estate administration matters. 

AB is a veteran client seeking assistance in probating his uncle’s estate.  In 1970’s AB’s mother and his uncle jointly purchased a home in Essex County as tenants in common.  Parties shared equal ownership of the home.  Later, uncle died intestate leaving his two sons as his only beneficiaries.  One of the son’s applied and became the administrator of the uncle’s estate.  However, the administration of this estate was never completed. Years later, client’s mother became very ill and transferred her interest in the home to her daughter, AB’s sister.  At the time of the transfer AB nor his sister were aware that uncle’s estate had a remaining interest in the home.  AB and his sister paid the outstanding mortgage and taxes on the property.  The home is in need of major renovations.  AB’s sister sold him the home for a nominal amount and transferred the title to him.  Believing he was the sole owner of the property, AB took out an unsecured personal loan so he could begin making repairs.  AB tried to refinance the property so he can finish all repairs to the home.  At that time he learned that uncle’s estate still has an interest in the home.  AB must settle the estate before he can move forward with additional repairs.  AB believes his cousins may waive their interest to this property.  AB is seeking a consultation with an attorney to discuss his options.  

To review, email donuschak@vljnj.org