JP18E-1000050

BERGEN COUNTY - SPECIAL EDUCATION

Representation at mediation or due process hearing to obtain IEEs, eligibility for spec. ed., and appropriate IEP

EP is a 12-year-old 7th-grader who has been diagnosed with a learning disability, ADD, and speech impairment. She had been classified as Communication Impaired since 2014, and is currently in pull-out resources class for math and language arts, but the district recently determined that she is no longer eligible for special education because her scores in two standardized language tests were not in the tenth percentile or lower. However, some of EP’s scores were at or below the tenth percentile. EP’s psychologist believes that she should have remained classified. EP’s mother, JP, filed for due process on February 8, 2018 to invoke stay-put, and OSEP is looking to schedule a mediation date by March 9, 2018. JP is seeking independent evaluations, a determination that EP remains eligible for special education and related services, and development of an appropriate IEP.

To review, email donuschak@vljnj.org

 

 

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

EL18E-1000135

MIDDLESEX COUNTY - SPECIAL EDUCATION

Representation at mediation or due process hearing to obtain out-of-district placement

EL is an 8-year-old who has a genetically based neurological disorder, Rett's Syndrome, and has also been diagnosed with autism, hypotonia, and apraxia. She is non-verbal, and because she cannot use her hands, she becomes easily frustrated and has behavior problems. She is currently in an in-district program that everyone agrees is not appropriate for her. The district recommended an out-of-district placement, but her mother, EL, would like her placed at a school that offers a higher level of medical and therapeutic support as well as expertise. The district believes that EL's preference is too restrictive, but they are both equally restrictive in terms of the IDEA's least restrictive environment requirement. EL filed a due process petition and is seeking representation at mediation, scheduled for February 27th, to obtain placement at the out-of-district placement she feels is more appropriate.

To review, email donuschak@vljnj.org

BN17E-1001683

ESSEX COUNTY - DIVORCE

Representation in Divorce proceedings. 

BN is deaf and unable to communicate via sign language or lipread. Her primary mode of communication is through writing and/or typing. BN has a long history of domestic violence with her husband, who is the father of her five children. She is seeking legal representation in her divorce matter. A Case Management Conference took place on February 12, 2018 to address child support, custody and equitable distribution.

To review, email donuschak@vljnj.org

MD18E-1000003

UNION COUNTY - SPECIAL EDUCATION

Representation at due process hearing to obtain out-of-district placement, IEEs, and comp. ed. Client speaks Portuguese.

HD is a 9-year-old who has been diagnosed with autism and has behavioral issues. HD has recently been coming home with his ears red or swollen and welts on his back. HD’s mother, MD, spoke with her son’s doctor, who advised her not to send him back to school and instead to take him for X-rays and to see a neurologist. A DCPP investigation has been initiated and is still ongoing. MD filed for due process, requesting an out-of-district placement. At mediation, the district refused to agree to an out-of-district placement. MD is seeking representation at a due process hearing to obtain an out-of-district placement, independent evaluations if necessary, and compensatory education. The initial settlement conference was held in January ; hearing dates have not been set yet.

To review, email donuschak@vljnj.org

BS17E-1001689

ESSEX COUNTY - SPECIAL EDUCATION

Negotiation with school district to obtain neurological evaluation and 1:1 aide. Client speaks Portuguese.

DS is a 5-year-old Kindergartener who has been diagnosed with a learning disability. He also may have a communication impairment, since he has significant receptive and expressive language difficulties. DS’s mother, BS, asked the CST to complete a neurological assessment to identify any underlying cause of DS’s disability; the CST told her to obtain such an evaluation on her own, but she could not afford the $1,000 cost. BS made a second request, in writing, but has not received a response. After DS’s teacher told BS that DS needs more individualized attention in school, BS also made a written request for a 1:1 aide, but has not received a response to that request either. BS is seeking an attorney to help her obtain a neurological evaluation and 1:1 aide for DS, or alternatively, independent and neurological assessments.

To review, email donuschak@vljnj.org

JA17E-1001706 & LA17E-1001707

ESSEX COUNTY - ESTATE PLANNING

Clients Spanish speaking. 

JA (66 years old) and LA (67 years old), are married and seeking to each have a will, POA and medical directives prepared. JA and LA are not in the best of health, and would like their affairs to be in order prior to something happening. JA and LA both share some medical debt, and have few assets. 

To review, email donuschak@vljnj.org

RG17E-1001701

ESSEX COUNTY - ESTATE PLANNING

RG is 70-years-old and seeking to have her estate planning documents prepared. RG has one son, with grandchildren, and would like to make sure arrangements are in order in the event of her passing. RG has few assets and no debt. RG seeks to have an attorney draft her will, along with medical care directives and power of attorney documents. 

To review, email donuschak@vljnj.org

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JL17E-1001628

ESSEX COUNTY - ADOPTION

Representation in the process of adopting his nephew

JL gained full legal custody of his 13-year-old nephew, AS, in 2015 after AS’s mother (JL’s sister) began struggling with drug addiction and could no longer care for him. AS has been diagnosed with ADHD, schizophrenia, and bipolar disorder. JL has advocated for his nephew in school, helping him get into an out-of-district private school that serves children with behavioral difficulties, where he is doing well, and taking him to psychiatrist appointments regularly. He also moved into a new apartment so that AS could have his own room. Now JL is seeking to adopt AS. He is looking for an attorney who could represent him in the adoption process.

To review, email donuschak@vljnj.org

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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

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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

hudson 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

 

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

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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

UNDER REVIEW