AJ18E-1000533

ESSEX COUNTY - EXPUNGEMENT

Representation in filing expungement petition

AJ is a veteran with a dismissal for Pre-Trial Intervention (PTI) and a disorderly persons from 1984. He participated in a PTI program and successfully completed it. The court ordered his charges dismissed. He has had no further arrests since then. An expungement petition would result in a clear criminal record for client.

To review, email donuschak@vljnj.org

KF18E-1000706

ESSEX COUNTY - SPECIAL EDUCATION

Representation at due process hearing to obtain out-of-district placement and possible comp. ed.

VF is a 12-year-old 6th-grader who has been diagnosed with Autism Spectrum Disorder without impairment in language or intellect, as well as generalized anxiety disorder; she is classified as Emotionally Disturbed. Last year, two teachers grabbed VF by her arms and forced her into a classroom she was refusing to enter. After VF physically resisted, the district sent her for a psychiatric clearance to show that she was not a danger to herself or others. Since then, VF has exhibited school refusal, and has been on home instruction for most of the school year. Her private therapist has recommended in writing and at IEP meetings that VF requires placement in a therapeutic school, but the district has refused. A recent independent psychological evaluation also recommends a significant change in the district’s approach to VF. VF’s mother, KF, is seeking representation at a due process hearing (not yet scheduled) to obtain an out-of-district placement for VF and compensatory educational services if warranted.

To review, email donuschak@vljnj.org

LC18E-1000709

SUSSEX COUNTY - SPECIAL EDUCATION

Representation at settlement conference to advocate for maintenance of classification and IEP. Settlement conference scheduled for July 12th. 

RC is a 15-year-old 9th-grader who has been diagnosed with Autism Spectrum Disorder, but is high functioning. At the end of the 2016-17 school year, his IEP was developed by his prior district. The new district now disagrees with the IEP, which only calls for door-to-door transportation, an aide for some academic classes, and a few accommodations. The district is attempting to declassify RC because he is doing relatively well academically. However, RC’s mother, LC, believes he needs the IEP for other social, emotional, and behavioral issues, in addition to possible academic support. LC is seeking to maintain her son’s current services and support, and would also like him to be able to attend higher level classes, which she believes he is being improperly denied. She filed for mediation, but the issues were not resolved, and the case has been transmitted for a hearing. LC is seeking representation at the settlement conference on July 12th.

To review, email donuschak@vljnj.org

MG18E-1000667

PASSAIC COUNTY - SPECIAL EDUCATION

Representation at mediation to obtain out-of-district placement, comp. ed., and/or IEE. Mediation scheduled for Friday, June 29th. 

DG is a 12-year-old 6th-grader who has been diagnosed with Down syndrome and chronic kidney disease. He is on peritoneal dialysis nightly and requires urinary catheterizations. DG is non-verbal, but the district has never conducted an assistive technology evaluation and rarely educates DG on how to use an iPad with Proloquo as required by his IEP. In December 2017, DG began receiving 10 hours of home instruction, as he had progressed to end stage renal disease, and speech therapy 3 times per week. Although DG’s previous IEPs provided him with OT and PT, the district refused to conduct such related services during home instruction. In a March 2018 letter, DG’s doctor stated that DG could return to school in an appropriate setting to meet his many needs, clarifying that he required a school equipped and staffed to handle medically fragile children. DG’s father, MG, requested to look at out-of-district placements for students with similar disabilities. The district, however, drafted an IEP proposing an in-district placement and without nursing as a related service. DG filed a request for mediation to invoke stay-put maintaining DG’s home instruction placement. He is seeking representation at mediation scheduled for June 29th to obtain an appropriate out-of-district placement, compensatory services, and independent evaluations if necessary.

To review, email donuschak@vljnj.org

VL18E-1000573

ATLANTIC COUNTY - CONSUMER/CONTRACTOR

Negotiation/representation in lawsuit regarding contractor dispute

VL hired a contractor to demolish and rebuild her Sandy-damaged home. After the contractor demolished the home, he demanded additional payment, outside the scope of their agreement, in order to proceed with the rebuild. VL has paid the contractor $60k so far, but the contractor has failed to furnish invoices that total that amount. The contractor has not been to her house since the demolition in January 2016. Meanwhile, the contractor damaged VL’s neighbor’s oil tank while attempting to remove it, causing a spill. The DEP held VL liable for cleaning up the oil, which depleted her savings. She is seeking an attorney to help her recover funds from the contractor so she can finally move forward with rebuilding.

To review, email donuschak@vljnj.org

DF18E-1000628

UNION COUNTY - SPECIAL EDUCATION

Representation at mediation to obtain IEE, appropriate IEP, and appropriate placement

NF is a 6-year-old 1st-grader who has been diagnosed with lead poisoning and Autism Spectrum Disorder. He is currently in an inclusion classroom. NF’s mother passed away in May 2017. Since the start of the 2017-18 school year, NF has had behavioral issues (spitting at staff, kicking over desks, throwing chairs, chasing another student with scissors, etc.). Pursuant to his IEP, he has a personal aide who his father, DF, believes is not appropriately trained to implement NF’s BIP. NF has been repeatedly suspended from school or sent home early. In February 2018, DF filed for due process to invoke stay-put after the district proposed changing NF’s classification to Emotionally Disturbed and placing him in a behavioral disabilities class. DF signed a settlement agreement in April 2018 in which the district agreed to change NF’s classification to Autism and allow DF to observe the co-taught program at another school. DF did so, but believes the placement is not appropriate given other students’ more severe emotional and behavioral disabilities, and the lack of grade level instruction. DF filed another due process petition in May to invoke stay-put and maintain NF’s placement in his inclusion classroom. DF is seeking representation at a settlement conference scheduled for July 12th to obtain an independent neuropsychological evaluation, development of an appropriate IEP with necessary supports and services including an appropriate BIP and one-to-one aide, and an out-of-district placement if appropriate

To review, email donuschak@vljnj.org

BT18E-1000656

ATLANTIC COUNTY - CONSUMER/CONTRACTOR

Representation in Chancery Division case to defend against contractor’s third party suit

BT hired a contractor to repair her Sandy-damaged home and paid him approximately $11k for “Design Services.” However, the contractor failed to provide her with any plans, surveys, or permits, which she needed in order to move forward with the state grant program. In October 2017, the Attorney General’s office filed a complaint against the contractor for using deceptive practices to defraud at least 23 homeowners out of $1.3 million following Sandy. In March 2018, BT was served with an Answer to the AG’s complaint, but in addition, the contractor sued every individual homeowner named in the complaint as a third party. BT filed a pro se Answer. Shortly thereafter, the AG’s motion to dismiss the third party complaint was denied. While BT knows the claims are completely baseless, she is extremely anxious about navigating the court process on her own, and is seeking an attorney to represent her.

To review, email donuschak@vljnj.org

ME18E-1000606

ESSEX COUNTY - DIVORCE

Client is Spanish-speaking. Case Management Conference to be scheduled for June.

ME is a Spanish-speaking victim of domestic violence. Her wife filed a divorce complaint, which ME answered and counterclaimed on May 22, 2018. The parties have no children together. ME is seeking legal representation in her divorce matter to address alimony and equitable distribution of property.

To review, email donuschak@vljnj.org

CC18E-1000511

ESSEX COUNTY - EXPUNGEMENT

Case review and representation in expungement petition

CC has a master’s degree and recently had a lucrative offer of employment rescinded because of an arrest record.  CC was recently arrested for an alleged violation of a TRO (for mailing divorce papers to her wife). The charge was downgraded to family court but an arrest in criminal court seems to be blocking her employment opportunities. Prior charges are a DUI in New York in 2010, which did not affect her employment previously, and a 2005 marijuana possession charge in JAG court. Both of these would be disclosed in the petition for expungement but not expunged. The arrest record relating to the TRO should be eligible for expungement immediately.

To review, email donuschak@vljnj.org

UNDER REVIEW

JS18E-1000123

ESSEX COUNTY - EXPUNGEMENT

Review of client file and possible representation in expungement petition

JS was a Prisoner of War. He has one felony conviction that he would like expunged. He served time in jail and can obtain proof of incarceration. There was a $42,655 fine attached to this sentence, but his understanding is that it was waived by the prosecutor’s office. He never paid any part of it and no one has tried to collect any payment since 2007. Client would benefit from the help of a volunteer attorney to first ascertain whether this fine was dismissed, proceeding with caution in case this fine has not been waived and a phone call could trigger a warrant. If fine is settled, then client has a straightforward case for expungement of his single felony conviction.

To review, email donuschak@vljnj.org

DR17E-1001125

Lehigh county (pa) - EXPUNGEMENT

Review of case file and eligibility assessment

DR needs further help determining eligibility for expungement. It is clear that he has 1 indictable offense from January 1992 and 2 dismissals. However, his CCH also shows (1) an April 1992 arrest with an unavailable disposition and (2) a 2009 charge with an outstanding bench warrant for another person. He was with this other person in a car at the time of the arrest but CCH shows her name – not his, and it is unclear why this would show up on his CCH. We are seeking a volunteer attorney to (1) obtain disposition of 1992 case and (2) make phone calls to understand why someone else’s charge is on his CCH. The volunteer attorney would then assess client’s eligibility for expungement. If these two issues do not bar him from expungement, client or attorney would obtain proof of fines paid and time served for the convictions on his record. Finally, if client is eligible, volunteer attorney could assist drafting the petition for expungement.

To review, email donuschak@vljnj.org

UNDER REVIEW

JL18E-1000117

BERGEN COUNTY - EXPUNGEMENT

Representation in expungement petition

JL successfully completed a Pretrial Intervention Program. A person who has had charges dismissed pursuant to a program of supervisory treatment can get the matter expunged 6 months after the entry of the order of dismissal, which for JL was June 6, 2017. A successful expungement petition should result in clearing JL’s PTI dismissal.

To review, email donuschak@vljnj.org

UNDER REVIEW

 

SP18E-1000477

MERCER COUNTY - BANKRUPTCY

Representation in bankruptcy petition and 341 hearing

SP is a 52 year old veteran who lost his job in July 2017 and is now currently homeless, living in transitional housing for veterans.  His debts are relatively minimal, less than $11,000, but he wishes for a fresh start as he hopes to find employment again.

To review, email donuschak@vljnj.org

JG17E-1001470

SALEM COUNTY - CHILD SUPPORT/ALIMONY/PARENTING TIME

Consult

JG is a high ranking active military servicemember set to deploy to the Middle East  next month.  Before he leaves, he urgently needs a consultation with a family law attorney who can provide him with advice regarding his pending child support/alimony matter. 

To review, email donuschak@vljnj.org

UNDER REVIEW

NM18E-1000539

ESSEX COUNTY - BANKRUPTCY

Representation in bankruptcy petition

NM is a 30 year old self-employed individual who has approximately $30,000 dischargeable debt but also significant student loan debt and IRS debt.  One of her creditors have already obtained a judgment against her and she recently received another complaint from a different creditor.  NM would like a fresh start in order to “get back on track” with her finances.

To review, email donuschak@vljnj.org

UNDER REVIEW

FK18E-1000560

PASSAIC COUNTY - ESTATE PLANNING

Preparation and execution of estate planning documents

FK is an 81-year-old, Navy veteran, seeking to have his will, along with medical care directives and power of attorney documents, drafted . FK has a small amount of assets and no debt. 

To review, email donuschak@vljnj.org

UNDER REVIEW

NF17E-1000160

UNION COUNTY - ESTATE PLANNING

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

KP18E-1000364

BERGEN COUNTY - SPECIAL EDUCATION/BULLYING

Representation at due process hearing to address bullying issue, obtain appropriate IEP, and possible comp. ed.

IM is an 11-year-old 6th-grader who is originally from Albania and is eligible for special education services under the category of Specific Learning Disability. During the 2016-17 school year, IM’s peers called her a lesbian, purposely mispronounced her last name, left notes on her desk saying they hated her, and posted mean messages on social media. IM’s mother, KP, reported the bullying and the district found it to violate its HIB policy. KP asked the school not to place IM in classes with two of the girls who had bullied her, but at the beginning of the 2017-18 school year, IM was placed in a class with one of them. KP complained but was told that it was too expensive to move either girl. IM has experienced anxiety and a loss of self-esteem and does not want to go to school as the other girl continues to provoke her. KP filed for due process; mediation and a settlement conference have been unsuccessful. KP is seeking representation at a due process hearing (not yet scheduled) to request an out-of-district placement for IM for 2018-19 (as the district only has one middle school) or at least to request that IM and the other girl are in separate classes; development of an appropriate IEP for the 2018-19 school year; and compensatory education if warranted.

To review, email donuschak@vljnj.org

UNDER REVIEW

ZB17E-1001672

ESSEX COUNTY - EMPLOYMENT MATTER

Seeking representation in lawsuit against employer

ZB is a 28-year-old single mother of two young children.  In September, she was sexually harassed at work.  She reported the incident, and her employer has promised her that they will transfer her to a different position in February.  Since the incident, however, ZB has been having severe anxiety and panic attacks, and has been self-medicating with alcohol.  In November, ZB’s employer put her in a mental health program to address anxiety and substance abuse.  She is currently receiving worker’s compensation but is unable to receive short-term disability benefits.  ZB is unsure if she will be compensated when she begins a new position in a few weeks.  An attorney who did a consultation with ZB determined that she had enough information to go to the EEOC with her complaint.  ZB is now seeking an attorney who could represent her in a lawsuit against her employer.

To review, email donuschak@vljnj.org

UNDER REVIEW

RN18E-1000000

ESSEX COUNTY - DIVORCE

Representation in Divorce proceedings. Client speak limited English, but is fluent in Hindi.

RN is a 46-year-old mentally impaired Pakistani woman. She is seeking divorce from her abusive husband, who married her in order to obtain a U.S. citizenship. RN requires assistance with filing for divorce, serving her husband, who is a citizen of Pakistan, and representing her in all subsequent divorce proceedings.

To review, email donuschak@vljnj.org