AR16E-1001481

ESSEX COUNTY - BANKRUPTCY

Representation in Bankruptcy proceedings

AR is a 40 year-old woman seeking assistance with a bankruptcy. AR is currently unemployed. She has approximately $58K of debt, of which roughly $8K is dischargeable credit card debt, $18K from an auto loan, $1,000 in utilities, $550 in medical bills, and $1,500 in IRS debt. She also owes approximately $28K in non-dischargeable student loans. Creditors have begun to take legal action against her and are possibly following through with garnishments.

To review, email donuschak@vljnj.org

MQ17E-1000517

CHILD SUPPORT - PASSAIC COUNTY

Seeking Spanish-speaking attorney to help translate court documents, and potentially help prepare pro se litigant for hearing scheduled for 5/3/17

MQ is a 36-year-old single mother of a 1-year-old, who has never received child support from her child’s father. Since her daughter’s birth (1/29/16), MQ has sought child support, but her daughter’s father retained an attorney and has continued to take her to court and dispute his ability to pay. To date, MQ has received no child support. MQ is scheduled for yet another hearing next Wednesday, May 3rd and is looking for an attorney to help translate all the documents she has received from the court and her daughter’s father’s lawyer.

To review, email donuschak@vljnj.org

EC17E-1000440

Special Education - Essex County

Negotiation with school district or representation at due process hearing

MC is a 13-yr-old student who has been diagnosed with autism.  Although enrolled in an autism program, he is not making adequate progress in independent living and communication skills and engages in repetitive self-injurious behavior that is not adequately addressed at school.  The district agreed to do a functional behavioral assessment (FBA) but it was completed by someone who did not have the appropriate qualifications.  The district also agreed to increase his speech therapy, but MC’s grandmother and legal guardian, EC, does not believe these services are being provided.  MC’s behavior has also not been addressed.  EC requested an independent educational evaluation (IEE), but the district denied the request and filed for due process.  EC is seeking an attorney to represent her in negotiation with the district or at a due process hearing to obtain an IEE and, if necessary, appropriate intensive ABA-based program out of district.

To review, email donuschak@vljnj.org

CT17E-1000165

HUDSON COUNTY - SPECIAL EDUCATION

Negotiation with school district in obtaining evaluations, out-of-district placement, and compensatory services, and, if necessary, representation at due process hearing

GD is a 14-yr-old 8th-grader who has been diagnosed with Autism Spectrum Disorder, Anxiety Disorder, Obsessive Compulsive Disorder, and Anorexia Nervosa. He has been hospitalized several times at psychiatric wards, most recently in November 2016. His father, who had custody of GD from age 5 to 11, was abusive. His maternal aunt, CT, is now his legal guardian. Since 2016, GD’s doctors have written letters recommending that he be placed in a therapeutic school to address his emotional, behavioral, and academic needs.  However, the school district continues to maintain his placement in a self-contained class in-district.  CT is seeking re-evaluation of GD (and independent evaluations if necessary), an appropriate placement in a therapeutic out-of-district school, and compensatory services for the time GD was denied a free appropriate public education by being placed in-district.

To review, email donuschak@vljnj.org

KV17E-1000438

Passaic County - Special education

Representation at IEP meeting

JO is a 15-yr-old 9th-grader who has serious emotional problems which have resulted in extreme anxiety, social conflicts, self-injurious behavior, and “crisis” intervention multiple times over the last few years.  Many of the problems began after her father was released from prison when she was in the 5th grade.  However, JO is only classified as a student with a learning disability and is placed in a self-contained class in a large high school.  In November 2016, the Director of Special Education directed the Child Study Team to add counseling and other accommodations to JO’s IEP, but they never did.  JO’s mother, KV, is seeking an appropriate IEP for her daughter and possibly a small therapeutic school.  She is looking for someone to represent her at an IEP meeting.

To review, email donuschak@vljnj.org

under review

ER17E-1000439

HUDSON COUNTY - SPECIAL EDUCATION

Negotiation with school district or representation at due process hearing

JV is an 11-yr-old 6th-grader who has been diagnosed with autism and placed in a special education class in the district’s autism program.  Since the start of the 2016-17 school year, he has experienced a dramatic regression in his behavior in the classroom (screaming, yelling, hitting himself and others, crawling on the floor, etc.), which is inconsistent with his behavior in the past or in any other setting.  His teacher has no experienced with children with autism and claims she cannot handle him.  JV is anxious and afraid to go to school.  In January 2017, JV’s mother, ER, submitted a written request for an independent functional behavioral assessment (FBA) and an out-of-district placement.  The district denied both requests.  ER filed a due process petition; a settlement conference in March 2017 was unsuccessful.  ER is seeking representation at a due process hearing, currently scheduled for August 25, 2017, to advocate for an independent FBA and out-of-district placement offering an appropriate ABA-based program.

To review, email donuschak@vljnj.org

NM17E-1000004

MERCER COUNTY - CONSUMER FRAUD

Consultation to assess viability of claim

NM is a 38-yr-old single mother of 2 children who was a victim of a scam perpetrated by her former co-worker.  The co-worker convinced NM to liquidate her life savings of approximately $76,000 and invest in his company in 2014-2015.  The co-worker then disappeared.  NM is currently unemployed, has significant debt, and her car was recently repossessed.  NM seeks a consultation to assess a potential claim against her coworker and possible recovery of her funds.

To review, email donuschak@vljnj.org

UNDER REVIEW

JB17E-1000279

BERGEN COUNTY - CHILD SUPPORT

JB is a 55 year-old disabled veteran seeking assistance with a child support matter in Bergen County. JB lives in Atlantic County.  JB's only source of income is from social security disability benefits.  He needs assistance with filing a motion to modify (decrease) support he is paying for his three children.  There are several issues in this case including, that as his oldest child was emancipated under the new emancipation law, child support still needs to be recaluated for his remaining  children who are still minors.  Moreoever, his children may have received a derivitive from his social security disability award, which was not propertly credited to the outstanding arrearages in this case.  Additionally, JB has to two minor children, with his current spouse, were never taken into consideration when child support was calculated in the Bergen County case.  JB needs representation to have a motion to modify support based on all the reasons above.

To review, email donuschak@vljnj.org

NF17E-1000160

ESSEX COUNTY - WILL DRAFTING

NF is 45-years-old and disabled. NF has one son, and is worried about not having her wishes documented in the event her health worsens. NF has no assets, and a about $3000 worth of debt. NF is seeking to have an attorney draft her will, along with medical care directives and power of attorney documents. 

To review, email donuschak@vljnj.org

UNDER REVIEW

WW16E-1001450

ocean county - divorce

Negotiation and litigation.  Assist with the completion of discovery.  This matter is likely to go to trial. Motion filed by client scheduled for April 28, 2017.  Case to be scheduled for Early Settlement Panel and trial after motion.

WW is a disabled veteran and a victim of domestic violence.  Parties married in 1998 and she has two minor children with her husband, CW.  Over the course of their 18 year marriage, WW was physically abused by CW.  CW has exhibited violent behaviors in front of the children. CW left the marital home and moved to another state after an incident where he physically harmed one of their children.  Then in 2012, the marital home was almost destroyed by Hurricane Sandy.  Since the home was inhabitable, WW and her children had to live in temporary housing for several years.  The home had significant repairs and in some areas was completely rebuilt.  WW was able to secure grants and used her own funds to rebuild the marital home.  As construction was completed, WW and her children were able to move back into the marital home.  In 2016, WW filed for divorce in Ocean County.  She is seeking alimony, equitable distribution of marital debts and assets, and child support.  CW has been the primary wage earner for the family while WW stayed home to care for their children.  WW has not worked in the last 13 years and she is the children’s primary caretaker.  CW filed a response to the divorce complaint and is currently represented by counsel.  Previously, WW was represented by counsel, but she is now pro se and needs an attorney to represent her for the remainder of the case.  Discovery needs to be completed. 

To review, email donuschak@vljnj.org

MH17E-1000196

middlesex county - contractor dispute

Representation in Law Division trial against contractor. Trial – 10/23/17

MH, a senior citizen, hired a contractor to repair her Sandy-damaged home.  She paid him in full, but much of the work was never completed and the work that was has failed several inspections.  The approximate total of damages is $49,500.  MH made multiple written and verbal requests for the contractor to finish the work or correct what was done improperly, but he refused.  MH hired a new contractor to fix the mistakes and finish the remaining work.  She then filed a lawsuit against the original contractor in Chancery Court; the case was recently transferred to the Law Division.  A trial has been scheduled for October 2017.  MH is seeking representation in the lawsuit.

To review, email donuschak@vljnj.org

AB15E-1009510

MERCER COUNTY - military DISCHARGE UPGRADE

Representation in Discharge Status Upgrade application

AB joined the Army in 2010.  She served until 2013, when she was separated.  She received a general under honorable status based upon a pattern of misconduct.  AB believes that she was targeted by her commanding officers in retaliation for reporting certain activity in her unit, including her rape, and that several minor incidents were inflated in order to have her removed.  She is seeking assistance in filing an application for a discharge upgrade.

To review, email donuschak@vljnj.org

JT16E-1000963

BERGEN COUNTY - MILITARY DISCHARGE UPGRADE

Review of military records and consultation

JT served in the Marines for nearly three years without incident.  While on guard one day, he witnessed a suicide.  After this event, JT began having mental health issues and ultimately self medicated with illegal drugs.  He tested positive during a routine drug test and was discharged OTH.  JT has been diagnosed with PTSD as a result of his experience.  He hopes to upgrade his discharge status to access VA benefits.

To review, email donuschak@vljnj.org

under review

CD17E-1000049

CAPE MAY COUNTY - CONTRACTOR DISPUTE

Negotiation with contractor or, if necessary, arbitration or litigation

CD received a state grant to repair her home.  She hired a contractor in August 2014 to elevate her home and install a new foundation for a total price of $59k.  The contract she signed did not list an end date or time period for completion of the work, a three-day right of rescission, the contractor’s registration number, or information on his certificate of general liability insurance.  CD paid the contractor $45k.  He elevated the home, but the rest of the work is not finished.  He also did much of the work improperly, including demolishing the back deck instead of elevating it.  For the past two years, the contractor has refused to finish the work and demanded the remainder of the contract price.  In February 2017, CD sent the contractor a letter putting him on notice of the work that was done improperly and that needed to be completed, and giving him an opportunity to cure the defects.  The contractor wrote back and again demanded more money.  CD is seeking an attorney to help her negotiate with the contractor or, if necessary, to pursue him in arbitration or litigation.

To review, email donuschak@vljnj.org