Professional Documents
Culture Documents
609
729
I333
ATTORNEYS AT LAW
STEPHEN
W.
BARR*
L. CoRRADO
JoSEPH C. GRASSl
FRANK
SUZANNF. PASLEY
CHRISTOPHER GrLUN-SCHWARTZ*
CERTIFIED
CiVIL TRJALAITOI!NEY
. NEW jERSEY
Claimant:
J.R.
B.
Notices:
All notices with respect to this claim are to be sent to
Joseph C. Grassi, Esquire at Barry, Corrado & Grassi, P.C., 2700 Pacific Avenue,
Wildwood, New Jersey, 08260.
C.
Date, place and other circumstances of occurrence or transaction:
On November 19, 2008 C.R., N.R., and J.R. were removed from their family home.
The Division of Child and Protection Permanency, Department of Children and
Families, State of New Jersey placed the three children in foster care of Shelley
and Richard Tozer. The Division, including their managers, supervisors, and
employees, failed to screen, train, and/or supervise the Tozers and the children
during their term in foster care. C.R., N.R., and J.R. were left under the care of
teenage children and subjected to physical and emotional abuse.
D.
General description of injuries, damages or losses known at present
time: Physical, mental, and emotional damages.
E.
Name(s) of public entity employee(s) causing the injuries, damages or
losses: Division of Child and Protection Permanency, Department of Children and
Families, State of New Jersey; Unknown Employees and/or Supervisors
F.
G.
H.
~
-----
~.,.By~:__~
Joseph C. Grassi, Esquire
Attorney for Claimant
_,./
Client
Tort and Contract Unit
Department of Treasury
Bureau of Risk Management
P.O. Box 620
Trenton, NJ 08625
VIA CERTIFIED MAIL #7011 2970 0000 1776 8374
Law Offices
Member of NJ Bar
Nicholas J. Leonardis
Member ofNJ & NY Bar
Certified by the Supreme Court of
New Jersey as a Civil Trial Allorney
Micltae/ D. Drivas
MemberofNJ & NY Bar
Re:
/ ./
NiCI'iolas J. Leonardis
_,,!'
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NJL/Ijb
Encl.
(/
A.
B.
C.
Please note that I will not be able to obtain any more detailed
information concerning this claim until such time as the agencies have
produced the records requested from the public entities in OPRA
requests.
No. 7534
P. 2
INITIAl NOTICE OF CLAIM FOR DAMAGES AGA)NST THE STATE OF .NEW JERSEV
FOWARD TO: DEPAI\iMENT OF THE TREASURY
DIVISION OF RISK' MANAGEMENT
20 WEST 51'AT ST!IEI!l', PO BOX 62.0
TRENTON, NEW JERSEY 0862S.o620
roRM MUST BE FILED WITHIN 90 DAYS OFTHEAC:CIDENT OR YOU MAY FORFEIT YOUR RIGHT
- '1,
STREET ADDRESS
CITY
DATE-aF BIRTH
NS
\U\ciheriDWtL
Ollif:C1
STATE
ZIP CODE
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SOCIAL SECURITY NUMBER
2. IF NOTICES AND CORRESPONI1ENCE-IN CONNECTI0N WITH !HIS CLAIM ARE TO BE $!:NT TO A PERSON
OTHER THAN ClAIMANT, COMPLETE ITEM#~.
NAME OF PERSON
STREET ADDRESS
CITY
.TELEPHONE NUMBER
RELATIONSHIP TO CLAIMANT:
STATE
ZIP CODE
OOTHER~~-~------'---
OATIORNEY
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No. 7534
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ZIP CODE
~: IF NOTICES AND CORRESPONDENCE JN CONNeCfiON WITH THIS ClAIM ARE TO BE SENT TO A PEAS ON
OTHER THAN CtAIMANT, COMPLETE ITEM #2. .
ii!AME OF PERSON
StREET ADDRESS
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ZIP' CODE
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No. 7534
P. 4
3C. STATE THE NAME AND ADDRESS OF THE STATE AGENCY Oil AGENCIES THAT YOU CLAIM CAUSED YOUR
DAMAGE.
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STATE THE NAMES OF STATE EMPLOYEES WHOM YOU CLAIM WERE AT FAULT, INCLUDING ANY.......... .. ..... ----
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3D. STATE THI: NEGLIGENCE OR WRONGFUL A'crs OF THE STATE AGENCY AND STATE EMPLOYEES WHICH
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3E.STAT THE NAME AND ADDRESS OF AlL WITNESSES TO THE ACCIDENT OR OCCURRENCE
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. 3F.STATE THE NAMES Of ALL POLICE OFFICERS AND POLICE DEPARTMENTS WHO INVESTIGATED THIS
ACCIDENT. PROVIDE POliCE REPO.RT CASE NUMBER, IF AVAILABLE.
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OPROPERTY DAMAGE
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5.-THE AMOUNT OF Tlif-CLAlM-$ - - - - - - - - 6. HAVE YOU MADE A ClAIM AGAU<IST ANYONE ElSE FOR ANY OF THE LOSSES OR EXPENSl!S ClAIMED IN
THI$ Ni:lnCE'T
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WHOM YOU HAVEMADESUCH CtAIMS:
: . . 7.:.ARE-ANYcOfiHt
LOSSES OR EXPENSES CLAIMED HEREIN COVERED BY ANY POLICY OF INSURANCE?.
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. - . B~HAV~ YOU ReCEIVED OR AGREED to RECEIVE ANY MONEY FROM ANYONE FOR THE DAMAGES ClAIMED .
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, . . (2)F!Jlicepfes OFAttAPPRAISALSANo_ ESTiMATES Oi> PROPERTY DAMAGE ClAIMED BY YOU
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THiS NOTICE?
-BYES
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IF. YEs, SET fOilllt THE NAME ANO ADDRESS<lF ALL PERSONSAND INSURANCE COMPANIES AGAtNST -_- ..
:wfib!'v1YOU H~.EMAilfSucH clAiMS:
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KRISTY POWELL,
vs.
STATE OF NEW JERSEY,
and DEPARTMENT OF
CHILDREN AND FAMILIES,
its agents, servants and/or
employees, individually,
severally and jointly,
c. So far as it may be known at this time the claimant suffered the following injuries:
right knee, lower back, both wrists, legs
e. The name of the public entity causing the injury is State of New Jersey, and the
Department of Children and Families by and through its agents, servants and/or
employees.
f. The amount claimed as of the date of presentation of this claim, including the amounts
of any prospective injury, damage or loss is One Million ($1,000,000.00) dollars. The
basis of the computation ofthe amount claimed is the nature and extent of claimant's
inj~~/
MICHAELGOLDSTEIN, ESQ.
Attorney for Claimant
Dated: March 19, 2015
INITIAL NO"FJCE-GF CLAIM FOR DAMAGES AGAINST THE STATE OF NEW JERSEY
FOW:A:RD TO:
FORM MUST BE FILED WITHIN 90 DAYS OF THE ACCIDENT OR YOU MAY FORFEIT YOUR RIGHT
COston
Joseph
See Attachment A
LAST NAME
FIRST
DATE OF BIRTH
2.
Fair Lawfl-
NJ
07410
See Attachment A
CITY
STATE
ZIP CODE
IF NOTICES AND CORRESPONDENCE lrq-CONNECTION WITH THIS CLAIM ARE TO BE SENT TO A PERSON OTHER THAN.
CLAIMANT, COMPLETE ITEM #2.
Beth G. Baldinger
NAME
MAIUNG ADDRESS
Roseland
NJ
07068
CITY
STATE
ZIP CODE
RELATIONSHIP TO CLAIMANT:
See Attachment B
DATE
TIME
See Attachment B
MUNICIPALITY
c. DESCRIBE+l6WIHE ACCIDENT OR OCCURENCE HAPPENED: IF A DIAGRAM WILL ASSIST YOUR EXPLANATION, PLEASE USE
"J:HE REVERSE SIDE OFTHIS FORM.
The Department oKhildren andJ'amilies, Division of Youth and Family Services (now known as the Division of Child Protection
and Permanency) lts caseworkers. supervisors. and/or others working on their behalf {identities currently unknown) were
negligent and vlmated the rights of claimant's children as more fully described In Attachment B.
-d. STATE THE NAMEANDJ\DDRESS.OFTHE STATE AGENCY OR AGENCIES nlATYOU CLAIM CAUSED YOUR DAMAGE.
Department of Children and Families, Division of Youth and Family "Services (now the Division of Child Protection and Permanency)
SO East'State Street. Trenton, New Jersey 08625. as well their local offices who were assigned and responsible for claimant's
_-&.,.lldren while they were living in Patterson (Passiac County) and then in Elmwood Park (Bergen County), N.ew Jersey.
STATE THE NAMES OF STATE EMPLOYEES WHOM YOU CLAIM WERE AT FAULT, INCLUDING ANY INFORMATION THAT WILL
ASSIST IN INDENTIFYING AND LOCATING THEM.
The names of all DYFS/DCPP employees and/or agents who were at fault are currently unknown and subject to discovery.
However, those with knowledge include but are not limited to Cristina Keresztes, Lydia Tatekawa, and Ayesha Ware.
e. SJATHHE NEGLIGENCcORWRONGFULACTS OF THE STATE AGENCY AND STATE EMPLOYEES WHICH CAUSED YOUR
DAMAGES.
see Attachment B.
O'
R , Sr., S.R.: T.R. (addresses unknown): Members of the City of Patterson and Township of
Elmwood Park Police Departments Qdentltles unknown!: and others whose Identities to be revealed In djscove[)l.
g. STATE THE NAMES OF ALL POLICE OFFICERS AND POLICE DEPARTMENTS WHO INVESTIGATED THIS ACCIDENT,
The Bergen County Prosecutor's Office is currently irr.estlgating this matter in connection with charges brought against O'Neil
Reid, Sr. The Chief Assistant Prosecutor is Catherine Fantuzzi,. See-Also. response to 3(f) above.
PERSONAL INJURY
PROPERTY DAMAGE
---------------------------------------------------
Each of the miner children have suffered physical and psychological InJuries as more fully setforth in Attachment C.
(2)
YES
NO
;-
(3) J"OR EACH HOSPITAL, DOCTOR OR OTHER PRACTITIONER RENDERING TREATMENT, EXAMINATION OR DIAGNOSTIC
SERVICES, STATE:
NAME OF HOSPITAL,
DOCT0R OR OTHER
FACILITY
ADDRESS
DATES OF
TREATMENT OR
SERVICE
See Attachment C.
NAME OF EMPLOYER
ADDRESS OF EMPLoYER
YOUR OCCUPATION
RATE OF PAY
NOTE: IF YOUR CLAIMED LOSS OF INCOME ARJSES FROM SELF-EMPLOYMENT OR OTHER THAN WAGE, ATTACH A
CALCUlATION SHOWING THE BASIS OF YOUR CALCULATION OF LOST INCOME.
(5) SET FORTH ANY AND ALL OTHER LOSSES{)R DAMAGE CLAIMED BY YOU.
To b
lied.
licable.
[2) THE PRESENT LOCATION AND TiME WHEN THE PROPERTY MAY BE INSPECTED.
---------------------
-----------
--------
I
(8) ATTACH EACH ESTIMATE OFllEPAIR COSTS TO THIS FORM.
(9} SET FORTH IN DETAIL THE LOSS CLAIMED BY YOU FOR PROPERTY DAMAGE.
II
II
I
d. SET FORTH IN DETAIL ALL OTHER ITEMS OFLOSS OR DAMAGES CLAIMED BY YOU AND TH<; METHOD BY WHICH YOU MADE
THE CALCULATION.
5.
6.
HAVE YOU MADE A CLAIM AGAINST ANYONE ELSE FOR ANY OF THE LOSSES OR EXPENSES CLAIMED IN THIS NOTICE?
No
IF'>:'ES, SET FORTH THE NAME AND ADDRESS OF-ALL PERSONS AND INSURANCE COMPANIES AGAINST WHOM YOU HAVE
MADE SUCH CLAIMS:
7. ARE ANY OF THE LOSSES OR EXPENSES CLAIMED HEREIN COVERED BY ANY POLICY OF INSURANCE?
Medical care and treatment expenses are covered by health Insurance and other benefits.
FOREACH SUCH POLICY, STATE-THE NAME AND ADDRESS OF THE INSURANCE COMPANY, POLICY NUMBER AND BENEFITS
PAID OR PAYABLE
Toi>e su
8.
lied.
HAVE YOU RECEIVED OR AGREED TO RECEIVE ANY MONEY FROM ANYONE FOR THE DAMAGES CLAIMED HEREIN?
YES
jgJ
NO
I HEREBY CERTIFYTHATTHE FOREGOING STATEMENTS MADE BY ME ARETRUE. THATTr:E ATTACHED STATEMENTS, BILLS, REPORTS AND
DOCUMENTS ARE THE ONLY ONES KNOWN TO METO BE IN EXISTENCEATTHIS TIME. I AM AWARETHAT IF ANY STATEMENT MADE
HEREIN IS WILLFULLY FAlSE OR FRAUDULENT, THAT I AM SUBJECT TO PUNISHMENT PROVIDED BY LAW..
u\
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lc1I \ '5DATE
=----
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NOTICE OF CLAIM
To:
State of New Jersey
Office of the Attorney General
P.O. Box080
Trenton, New Jersey 08625
Andrew Patten, hereby presents this claim pursuant to Sections 59:8-1 et seq. of the New
Jersey Statutes.
1. The name and address of the claimant is as follows:
Andrew Patten
313 Tiniber Line Drive
Mount Laurel, NJ 08054
DOB: 11/28/88
2. The address to which the claimant desires correspondence regarding this claim to be
sent is:
Adam M. Kotlar, Esquire
1913 Greentree Road
Cherry Hill, New Jersey 08003
3.
On March 29, 2015, Claimant was lawfully at the residence of Susan Manuel, 2 Camelia
Lane, Mt. Laurel, NJ 08054 when Jordan Long, an invitee to the property, punched
claimant in the face three times.
4. Due to the above-mentioned circumstances, claimant has incurred the following:
Broken jaw.
'
6. So far as is !mown to the claimant at the date of this claim, the claimant has incurred
damages: Pending.
7. The name of the public employee causing the above described injury and damage is:
Still under investigation
8. As a consequence of claimant's injuries, claimant has lost income in the sum of N/A
9. Claimant hereby demands damages in the amount of$ unspecified at this time.
, . r .
Dated: 4/15/15
SAMUEL L. SHAPffiO
ATTORNEY AT LAW
COUNSELOR AT LAW
!940(ADMI1TEDTONJBAR)-l996
Email: ~.llim.i@.PJ~
Website: ww\v.louischnrl!~ssh.mlli:o.cmll
April20, 2015
Dear Sir!M:adam:
Enclosed for service upon you at this time is a copy of a Tort Claim Notice on behalf of
Claimant(s) in this matter.
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Enclosure
Ms.. Victmia Faniel (w/encl.)
cc:
SERVICE LIST
1. Claimant(s ):
Victoria Faniel, 1027 Florence Avenue, Apt. 14J, Vineland, New Jersey 08360 (DOB
5/8i91; SS#
, individually and on behalf of her children, J.F., J.H., and
A.M., and/or other Claimants who may have been affected by the removal of children
in the matter described below.
If notices and correspondences in connection with this claim are to be sent to a person
other than claimants, complete item #2.
2.
Docket No. FN-06-89-15, which is currently pending in the Superior Court of New
Jersey, Chancery Division, Family Part. Claimants can and do allege that on Jan nary
21, 2015, Claimant Faniel's two sons, J.F. and J.H.. were removed from her care, by
way of a DODD removal, and her ability to see her daughter, A.M., has been impaired
and restricted as a result of said removal and ongoing litigation initiated by
Respondents herein. The alleged basis for the removal ofthe children from Claimant
Faniel's custody was the detection of an odor of marijuana in Claimant Faniel's home,
the alleged observation of marijuana in the home, and Claimant allegedly being nuder
the influence of marijuana at the time ofthe visit by one or more ofthe Respondents.
Respondents maintained that the above, as well as other facts contained in confidential
discovery, created an imminent danger or a substantial risk of harm to the children
necessitating removal. On the day in question, Respondents compounded the damage
to Claimant(s) by having Claimant Faniel arrested and charged by the Vineland Police
Department. Respondents proceeded by way ofVerified Complaint and Order to Show
Cause on or about January 23, 2015 before a Superior Court Judge in Cumberland
County. In so doing, the Respondents procured an Order from the Superior Court
Judge upholding the removal ofthe children relying on, inter alia, the above allegations,
as well as an unproven allegation from another partv that Claimant Faniel and/or
others were selling marijuana out of her home. In so proceeding against Claimant
Faniel and/or others who may have an interest in this action (and Claimant reserves the
rightto name additional Claimant(s) in this matter), Respondents removed the children
from Faniel's care and/or separated Faniel from her children in the face of clear
precedent from New Jersey appellate court decisions which provide that marijuana use
alone does not necessarily form an appropriate basis justifying the removal of children
from the care of a natural parent. See N.J. Div. of Child Prot. & Permanency v. M.C.,
435 N.J. Super. 405 (App. Div. 2014); N.J. Div. of Child Prot. & Permanency v. A.L.,
213 N.J. 1 (2013); N.J. Div. of Child Prot. & Permanencyv. T.R., Docket No. A-104412T3 (App. Div. Nov. 10, 2014); N.J. Div. of Child Prot. & Permanency, Docket No. A3477-12T3 (App. Div. Dec. 19, 2014); G.S. v. Dep't of Human Servs., Div. of Youth &
Family Servs., 157 N.J.161 (1999); N.J. Div. of Youth & Family Servs. v. V.T., 423 N.J.
Super. 320 (App. Div. 2011); N.J. Div. of Child Prot. & Permanency, Docket No. A4545-12T3 (App. Div. Dec. 23, 2014); N.J. Div. of Youth & Family Servs. v. O.C..
Docket No. A-2124-12T2 (App. Div. April 24, 2014) and/or. other authorities.
Furthermore, Respondents at the time ofthe removal of the children were on notice of,
and/or knew or should have known about, the risk of unnecessary and unconstitutional
removals of children from prior federal litigation involving the Division of Youth and
Family Services arising out of Cumberland County in a case captioned as Bostrom v.
:OYFS, et al., Civil Action No. 11-1424 (JBS). As a result of Respondents' removal of
the children, Claimant Faniel and/or other Claimants have been deprived of the
children, which deprivation continues to this day, as Respondents' litigation remains
ongoing and Claimant(s)' damage is increasing.
d. State the name and address of the State agency or agencies that you claim caused your
damages.
New Jersey Department of Children and Families, 20 W. State Street, 41h Floor,
P.O. Box 729, Trenton, New Jersey 08625; Division of Child Protection & Permanency,
50 E. State Street, P.O. Box 717, Trenton, New Jersey 08625-0717; Cumberland East
District Office, 415 W. Landis Avenue, 1'' Floor, Vineland, New Jersey 08360.
State the name of State employees whom you claim were at fault, including any information
that will assist in identifYing and locating them.
Those individuals whose names are set forth in the caption of this Tort Claim
Notice, John/Jane Doe(s) DCP&P employees, officers and supervisors, and/or other
state actors who may be revealed in discovery and investigation.
e. State the negligence or wrongful acts of the agency and employees that caused your
damage.
The negligence and/or wrongful acts are described above. The claims in this
matter are cognizable under. in addition to various New Jersey state constitutional
provisions and statutory enactments, New Jersey common law, including but not
limited to, negligence, negligent and/or intentional infliction of emotional distress,
negligent hiring, supervision and retention in employment, defamation, abuse of process
and/m malicious prosecution, invasion of privacy.
f. State the name and address of all witnesses to the accident or occurrence.
The known witnesses are set forth above, and are named in discovery which is
currently subject to a protective order. Claimant reserves the right to name additional
state actors as may be revealed in discovery and investigation.
] Property damage
[XX ] Other- explain in detail: See theories of recovery set forth herein,
including but not limited to damages for emotional distress on behalf of adult and
minor Claimants, amount(s) necessary to retain counsel to defend against legal action
5. Ifyou claim loss ofwages or income as a result ofthe injuries detailed herein, please state
the amount of the claim below:
6. Have you made a claim against anyone else for any of the damages claimed
in this notice? No.
If yes, set forth the names and address of all persons and insurance companies against whom
you have made such claims. Not applicable.
7. Are any of the losses or expenses claimed herein covered by any policy of insurance? For
each such policy, state the name and address of the insurance company, policy number and
benefits paid or payable.
Claimant does not believe that any of the claims asserted herein are covered by
insurance.
8. Have you received or agreed to receive any money from anyone for the damage
claimed herein? If so, set forth the details of such agreement. No.
CERTIFICATION
I hereby certify that the foregoing statements made by me are true to the best of my
knowledge, information and belief. I am aware that if any of the foregoing statements made
by me are wilfully false, I am subject to punishment. ...........
r-
//
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~~e:-:.~~-?<~--....~.__>!...,..,..;:~y
'
No.L810
P. 2
FORM APPROVED
OM9 NO.1 10S.OOOB
additfonallrmlruotlong.
2. Nama. IJddfflSS
1: DATE OF BIRTH
3. TYPE OF EMPlOYMefr
MILITARY
CIVILIAN
01/25/1963
5. MARITAL Sl'ATUS
05/2112013
6, BASIS OF CLAIM (Sta!aln detail ttl a known (<Jcl$ and cli'CIJIYISlllll~ al\.e.fldlng lha damage, InJury. ordcilth, ldenth'ylng persons nnd property ln'Volv~>d, tru: pi: a<-~ of OWJITetlliil and
11\e tause ~lerMf, t}$e :flddllfl?M{ p~M !f neoossary).
SW Ebo11y Childers. did willingly and knowingly prohlb\1 vlsltaUon wilh daughter although no reatralning order Is In place.
Original restraining order issued in Philadelphia eight [ 8] years ago In violation of 42 U.S.C. 1983 [deprivation of rights) !his
filing Is addiUonallo complaint filed 5/31/11 in fha City of Philadelphia.
PROPEn'fY bAMAGr:!
N/tMEAND ADDRESS OF OWNER, !F OTHER Ttw-1 CtAIMNff (Nvm!J~;~r, -$\fOOl, City, Sta!e, and Zip <Ailn),
SRIEFLY UESCRTBE THE PI'{OPERlY, NATURE AND EXTENT OF THE OAMAGE AND THE lOCATION OF WHERE THE PROPERlY fl.fAY IJE INSPECTED.
{Sea lna!ructlona oo ravnroo .u!da).
Undue emotional stress, psychological abuse on both the part of Father and Daughter esp. Daughter who has endured 16 yrs
of unnecessary placement In various CPS agencles.
flJiRSONAllNJURYIWRONOFUL DEJ\"(t-1
10.
S'rATE ll-IE NAT\JRE: ANO EXTE~T Or: EACl-IINJURY OR CAUSE: OF 0EATI1, WHICH f:O~MS THE BA.S!$ OF lHE ClA1M. IF OTHER rHAN ClAIMANT, STATE lHE NAME
OF THE !NJURED PERSON OR UECEOENT.
WlTN.ES.S'E-8
NAME
Theresa Cowan
Ernesllne Yancy
100,000.000' oo
100,000,000,
"0
I CERTlFYTH"I\TTHE AMOUNT Of CLAIM CO\'GR$ ONLY bAMAOI:.S ANP ltUlJR.IES CAUSED O'ITH~ INCIOI:Nf Aat:NEANI'J A\lftEETO ACCEPT SAID AMOUNT JN
FUU.. 8AT{3FACTIO~ Atm l"ltfAL3Ent.eW~Nf OF lHIS CLAIM,
856.302.5264
CJ\111. PENALTv'fot{ ~fU::.SENTmQ
FRAUDUI.ENTClAIM
05/21/2013
Tha dalmanlls lfabls- lo lha UnUBd Slulnt Govemmcnt for a civil penalty of not lass !hall
$(1,QI)O sod Ml mtYe-lh1m $10,000, pftt!l 3 Iimas Lho <lll)OUtlt of tf~!189~ $\1&\s!ned
D)"ltm Govemmoi'lt, (see 31 u.s.c. ~'1.2~)-
95109
NSN 7040-i!0-1!04-4046
Nc. 48'0
P. 3
llf5URANCE COVI!RAOE
In order !hal wl::li'~tJ\fon cftliMs may no ildjlldlct~ted, It ls essen~! lhallhe dlllm1lnt pro.VI<Ie.lho foi!(IV<Ing lnflllmatlon regarding llia lnwrBtloo-covarana of!ha vahlda or properly.
0Yoo
If yw, give n(lma and addrosa orJ~UffilC.U company (NumOOr, Sln:ml. CitY, Slate-. and Zip GOda) i'IM pollcy numDM.
18]
No
NA
16. Ha'Va you ~lad a dBim wilh you~ insumnoo llWTiar In thlslllsbmoo, 1:md if so, Is i\_ full oovarage 0! deduc~l)le.'/
Yes
lZJ No
NA
16, If a dalm haa baan filad with yoUr carrlar, wbal ~dl011
h~$
r6!eren~
NA
Yllll
IT ye.s, giYa hstne and addrass oi ln!itlfQhct:l Ol!'rtiii"(NliO)tJtr, 8treet, C!ty, .Slate, <md Zlp C<Jde). ~No
NA
INSTRUCTIONS
Claims prnted undor tho FodorI Tort Claims Act should bo submitted dlroolly to the "approprlete federal agency" Whose
employee(s) was Involved In the Incident. If the Incident Involves mor than one claimant, each claimant should oubmit a parate
cl~lm
fortn.
Complnto alllhnns- Jnsnrt Hte word NONE whero appHcable.
The emuunt d;llmM shoiAd bl!l tUb&lanUMed by compelen\ evldwce t!S (o\IOW:'l:
or
M til Sllppo/1 !he dslfll for personal ln!UI}' (If doalh, lha claimant ehoolr;l aubmlla
Wrin11n ttpotl by lho atlcl"ldlfW physldan, ~howlng \he nal\lre. ~nd e-xtenl oflh> Injury, Ule
natu/ll and axlehloflroalmanl. Uta dllgrtt>~ ul pt;lmlanBnldiS-.bllity, If any, IM pt6gnOt;h:,
~n(l !h~ perl()d I)/ hr;~3p~1lza\km, or 11\Capacl!ellan, sl;\adllngitank6d billa for medh::al.
I'IO!;pMI, or-nU1<>1 n"tpenses acwt:Uiy lnwrrOO.
(ll] In s11pp<lrl of clalma for damage lo propel'ty, Which hea boan N can be eoonomloo!ly
ttpa1red, !h(l cltJlm11ft1 s.hwld subml\ 11\le.at~liWo 1\flrnlzed algnl!d a1Bt1Utle!1t8 or astlrnatllll
by roUabla, dl!;lrttmmoltl tondlrns. or, n' !)ilyrttent l"ul!l boen ro~de, \he ll~l:ted sl!med
rsCtJipls e'Jidendng paymanl.
cost.oflhe. property, th& d~!e .or pUr~e, vnl;i lhawluo!l of !hnJY!)perty, boll1 Qa(Qr(l ~n(l
a ncr !ht~ i1cddot1! .such 5La(emeals shoold M by disinterested tQmpelent pe~.
prllfambty reputable dl!alem orotnclato famllhlf wilh Itt& type of ptop!ll-ty d-amagud, Of by
two or rJ\OI'e CQm~Jetit~Vt.l blcld'*-", ot11d ~houlr.l be C~trt!f!Gd 1:1!1 balnfliUaland 00/lar.t
(d) Fallumlospaulfyur;U\n cortalh will t~hdlltyourd"ltrt h1Vi:11ld ~hd trt<IY ro~UIIIh
forfellurn o( your rightn.
coocem$ llle tnfefi'M;i.IQO fe;.J.UM\00 In the lell.ef ro-vtnloiJihl$ No~!M llJ attt~r.J-t~.
A. IHJt!Jot'ity: Tho re.:tus.slud ln(ormal:ion IS SOHC!led putsuanl to 001'1 ot ffiOf& of tho
following: 5 u.s.c_ 301, 28 u.s.c. 50-1 el seq . 2B u.s. c. 2671Bineq .. 28 G.F.R
P.aJl14,
PERSKIE FENDT
M. Daniel Perskie
Robert T. Fendt*
. Tara L. Cannaday*
Richard Kitrick
OfCounsd
Philadelphia, PA 19102
(215) 569-0019
Fax: (215) 546-9559
March 26,2015
RE:
Claimant(s):
Date of Accident:
Place oflncident:
\i
Richard Everett
February 18, 2015
Fall at alleyway adjacent to 601 Rte 9 S., Bldg. B, Cape May Courthouse, NJ
~er.tru~
.,
I '
<
TARAL CA
TLC/CAC
Enclosures
2.
3.
4.
5.
6.
7.
To be determined.
Estimated amount of prospective injuries, damages, or losses are not know at this time. Basis of
computation of amount claimed: To be determined.
PERSIUE FENDT & CANNADAY, P.C.
:::~~::,':~:::IDe~"
SENT VIA REGULAR AND CERTIFIED MAIL, RR.R.
Nolire,
JUN/!2/20!5/FRI 12:09 PM
FAX No.
P.002
INITIAL NOTICE OF CLAjM FOR DAMAGES AGAINST THE STATE OF NEW JERSEY
Forward to: Tort and Contract Unit
Depaltment of the Treasury
Bureau of Risk Management
PO Box620
Trenton, NJ 08625
Phone: 609-292-4347
1. CLAlMANTS:
RECEIVED
MAY 28 2015
DIVISION OF RISK MANAGEMENT
JUN/12/2015/FRI 12:10 PM
FAX No.
P. 003
i JoAnne Olivieri, 23 66'h St., Apt l, West New York, N'J 07093
ii. Aaron Olivieri, 23 66'h St., Apt 1, West New York, NJ 07093
iii. Heather Taveras & Raphael Vicioso, 3150 Rochambeau Ave., Apt 4 Bronx NY 10467
iv. Farah Diaz Tello, National Advocates for Pregnant Women, 875 6' 11 Ave., Suite 1807,
New York, NY 10001
v. Hoboken University Medical Center, Willow Ave., Hoboken NJ
'Vi. Hackensack Medical Center, 3 0 Prospect Ave., Hackensack, NJ 07 60 l
vii. Dr. Rodrigo Castillo, 5801 Broadway, West New York, NJ 07093
viii. Everyone working in Palisades Medical Center from evening of2/27/2015 through
afternoon of 3/2/2015, especially in Labor & Delivery, and Emergency Department,
security staff, hospital administration, and doctors and nurses listed below in 4f.
g. Names of all Police Officers and Departments who investigated this1ncident:
i. North Bergen Officers Jorge Raposo and Gillian
ii. Two officers dispatched to Palisades on evening of2/27/2015 due to calls by claimauts,
one of whom was Hispanic and returned on 2/28/2015 at the request ofDCPP to
claimant's knowledge.
iii. North Bergen County Prosecutor's office, name unknown, contacted 2/28/15
iv. Hudson County Sheriffs Department, name unknown, contacted by phone 2/27/15
v. Hudson County Police Department, name unknown, contacted by phone 2/27/15
./
D
./
JUN/12/2015/FRI 12:10 PM
FAX No.
P. 004
Any and all billing for services at this time are unknown an.d will be forwarded upon
receipt.
g. Wage loss-None claimed.
5. No P1operty Dan1age is being Claimed.
6. :No claims have been made against any other parties.
7. Losses or Expenses Covered by Any Policy oflnsurance: United Health Care Community :Plan, PO
Box 200089, Newark, NJ 07102
8. No Agreements have been made to receive any money from any one for damages claimed herein.
9. l>ocuments: All documents are being acquired and will be forwarded promptly upon receipt.
lO.lnformatioli. about the lncident;
Claimants were wrongfully detained at Palisades Medical Center in North Bergen New Jersey from
approximately 7:30PM February 2]. 2015 tjJrough al2J?roxilnately 3:30PM March 2. 2015. Over the course of
approximately three days, the above named individuals, agencies, and corporations acted in concert to deprive
Claimants of their constitutional rights, and committed tortious acts including, but not limited to false
imprisomnent, intentional and negligent infliction of emotional distress, interference with parental relations, as
well as violations of state and federal civil rights. Citing nothing other than the enoneous assertion that it is
i
to ive birth at home, DCPP employees and North Bergen police ass1sted staff at Palisades Medical
Center in depriving laimants of theit freedom and their privacy.
Ms. Martin gave birth to baby A.M. at home on February 27,2015. She had prenatal care throughout her
pregnancy with Dr. Artur Gosturani, a gynecologist at Palisades Women's Group Clinic. After her baby was
born at approximately 3:30PM on February 27,2015, Ms. Martin called Dr. Gosturani to notify him that
everyone was healthy, and to schedule a check-up. The d82#fnsisted she come in to Palisades Medical Center
immediately, and that he would simply check her ancf'the baby"and let'them go.
'~
---when claimants arrived at Pali"sa:aestVI:edical Center around 7:30 PM,'they were met by Dr. Gosturani
and Dr. David Fayngersh. The doctors asserted that their actions in having their baby at home were illegal and
DCPP had been notified. The Clajmants notified J4em and staff that they no longer consented to any
ex~n or tr..s;atmenJ, but they were forbidden from leaving the hospital by hospital staff and security. Dr.
Gosturani placed hands on Mr. Martin, and Nurse Ward grabbed Mrs. Martin and said "l wouldn't do that."
They were informed that if they left, the police would be called and send to their home.
Tbe ~I staff insisted ,Mom and Baby consent to meclical examination, and Claimants refused. The
only reason given was that they illegally gave birth ~t home. It is not illegal to give birth at horne. There was no
emergency. Ms. Mmtin called North Bergen :Police tp .explain she.was Q.eing wrongfully detained. 'J'Jlo o;tpcers
were dispatche and she was_____,_
told nothing could be done and she must simply wait for DCPP to arrive. The
officers d not 1dentify themselves, but were both Hispanic.
Mrs. Martin next called DCPP, who confirmed the hospital had called, and said they would send
someone ou~he early momrng of February 28, 2015,lJC'PFWorker Susan Crespo arrlved Wttli a blonde
Hispru;i'Zwoman also employed by DCPP. They stated they were "unfamiliar with the laws" surrounding birth
but that the hospital said it was illegal so they were not :fi:ee to go. DCPP and hospital staff continued to harass
Claimants and ~~th police action ()! remove.-1 of chil$]ren, in order to coerce them to sub~it'to mealc'al
exammatwns. Mrs. Martin reached out to both Hoboken Medical Center and Hackensack Medical Center to
transfer fci'r any necessary examinations, but Palisades Medical Center staff and doctors refused to effectuate a
transfer, or to allow Claimants to transfer themselves. Tbey were barred from leaving by security, staff, DCPP
employees and North Bergen police.
Around 8:00AM on February 28,2014, Claimants were also prevented from leaving to attend a
scheduled appoiuttnent with pecliatrician Dr. Rodrigo Castillo by the blonde Hispanic DCPP worker. She
threatened if they left she would call the police. The Martins informed her they had been trying to call the
police, but they wouldn't come. The DCPP worker left the room and then came bade shortly after with one of
the same Hispanic police officers that had beeu dispatched the night before, previously at the request of the
Martins. This time he was dispatched at the request ofDCPP.
The officer informed the Martins "You're not going anywhere; You're under arrest." They were not
allowed to leave. Claimants called North Bergen Police Department with their cell phone and was told by a
--
JUN/12/2015/FRI 12:10 PM
'
'
FAX No.
P. 005
dispatcher there was no warrant for their aJ.Test and that he would contact a supervisor and get back to them. In
the interim, a second officer anived, a light skinned Hispanic officer, who took the cell phones from the
Claimants, stating "Prisoners can't make phone calls." He further stated they were lucky to not be in handcuffs,
and the only reason he didn't do it was "as a cou1tesy." The officers stood at 1he doorway to the room,
preventing any escape. Officers provided no warrant, did not read any Miranda Rights, and prevented Claimants
the ability to reach out to legal counsel by taking their phones, barring them in the room and denying Mrs.
Martin's mother access to the family.
Subsequently, a Cuban doctor who stated he was a pediatrician, along with another doctor and nurse
came into the room with the two DCPl:' workers, .the light skinned Hispanic officer. They informed the
Claimants that if they did not consent to medical examination ofMfs. Martin and Baby A.M. then Mrs. Mmtin
would be jailed a!ld the f=ily'$ children taken away. The officer stated "You're under arrest for having the
baby at home, that's child endaJJgerment, and you're going to Kearny. My second job is a paramedic a!ld you
just don't do things like that."
The Claimants continued to refuse, and the parties eventually left the room. After some time, Officers
Raposo and Gillian walked in and were informed by Mr. Martin what was going on. 1be hospital staff ordered
Mrs. Martin and the baby to be admitted.
Baby AM had arrived with placenta still attached, in conformity with a Lotus birth. The Martins believe
in Lotus birth as part of their spiritual practices and belief system. The baby was taken to a separate room. The
Claimants had been informed this would simply be aJl exaJllination, but instead hospital staff proceeded to cut
the Cord and discmd the placenta. They admiilistered a VitaJllin K shot, and a Hep B vaccine and did blood
work. The Martins were not consulted about aJJY of this, nor would they have consented if given the chaJJCe. In
fact, they had explicitly refused any treatment at all from anyone at Palisades Medical Center. Finding out the
cord had been cut and placenta destroyed was especially painful for the fmnily.
Mrs. Mmtin was taken to an exaJllination room a!ld told to place her legs in stinups by Dr. Robert
Schaefer. His exaJllination was painful and when she told him he was hurting her he refused to be gentler and
yelled at her to cooperate. She continued to protest and was told "Since you are not cooperating I aJl1 going to
have to put you down." Arnale nurse then injected her with something unknown and put an oxygen mask over
her face, against her protests. When she awoke she was alone aJJd discovered a pain between her legs a!ld a
catl;leter. After pleading with aJJ Asian nurse to remove it four times, 1he nurse finally did, but told her she could
not see her baby because she had just woken up from anesthesia.
While this was going on, Mr. Martin was able to contact a prosecutor with 1he assista!lce of Officer
Rllposo, who had returned the cell phones. The prosecutor heard what was going on and said there would not be
any charges. The officers left the hospital.
Mrs. Mmtin was informed that while she was unwillingly under anesthesia, unknown persons at the
hospital administered Pitocin, which induces contractions. Mrs. Martin had experienced a very healthy birth at
home approxixnately 12 hours earlier, and did not'b:ave-a:uy-extraordinarypairruntil"she.. awoke-fromanesthesia
and had extremely painful contractions continuing fi:om 1he use of Pitocin hours after she had delivered her
baby and placenta.
On March 1, 2015 she was told by hospital staffshe'dbe going home that day with the approval of
DCPP. DCPl:' interviewed Md/or e:x:aJllined all parties individually, including Ms JoAnne Olivieri, Mrs. Martin's
mother, who had arrived at the hospitaL DCPl:' workers insisted 1hey would not allow 1he hospital to discharge
the Martins Until they consented to a horne evaluation. Under duress aJJd fatigued, a!ld against their wishes, the
couple gave permission to a home ex=ination. Mr. Martin and his brother Raphael Vicioso accompanied the
DCPP workers to the horne.
Throughout the day on March 1, 2015 the hospital continued to examine and do blood work on Baby
AM without the consent of the Claimants, and wi1hout explanation. On the same day, Mrs. Martin was told she
was not allowed to lay down to breast feed her son by an Asian sho1t nurse, and she threatened to remove the
baby if she saw it happening again. Another nurse, Cheryl Roosten spoke with ClaimaJJts and expressed
confusion as to why 1he fmnily had not been discharged since all the tests done on Baby AM were normal.
On March 2 the family continued to ask when 1hey could be discharged. Dr. Dusi'!Jl Perisic told the
parents they could go at noon but the baby couldnot. Eventually Darlene Madziak from DCPP spoke to the
parents and told them that in order to take the baby home they would have to consentto additional evaluations
JUN/12/2015/FRI 12:10 PM
FAX No.
P. 006
aft~r discharge----psychological and medical. She expressed dis belief that Mrs. Martin's name was in fact Martin
despite being shown identification.
Shortly after a nurse came in and simply removed the bracelet and alarm placed on Baby AM's
umbilical stump. The family was discharged around 3:30, and subsequently subjeCt to an open DCPP
investigation through approximately May 22, 2015.
The couple was coerced, threatened and harassed for three days straight by DCPP workers, police
officers, hospital staff and security. After having peaceful, safe, and healthy birth at home, Claimants were
subject to three days of torture by way of false detainment and deprivation of state and federal rights, which
enabled medical battery upon Mrs. Martin and Baby AM. Police and DCPP named above acted recklessly in
falsely detaining Claimants, subjecting them to unwanted and forced medical treatments against their wishes.
Mrs. Martin could not sleep the entire time she was kept at the hospital and not forcefully under anesthesia. It
was extremely stressful and traumatizing, which the family is still experiencing to this day. All medical
treatment and examination was done without consent.
All actors involved, including DCPP employees and the initial two officers that were dispatched to the
hospital could have easily verified that giving birth at home is not illegal. Detainment for refusal to consent to
unnecessary tnedical treatment js clearly a commonly known aspect of constitutional and fundamental privacy
and parenting rights. It is further a clear violation of the Fourth Amendment to hold persons against their will
for non-emergent medical treatment. The actions of all parties involved deprived Claimants of rights under New
Jersey and federal law. These actions should have been known to any reasonable person to be violations of
constitutional rights as well as battery due to lack of consent or consent obtained through coercion.
I HEREBY CERTIFY THAT TilE FOREGOING STATEMENTS MADE BY ME ARE TRUE. THAT THE .
ATTACHED STATEMENTS, BILLS, REPORTS AND DOCUMENTS ARE THE ONLY ONES KNOWN TO
ME TO BE IN EXISTENCE AT THIS TIME. I AM AWARE THAT IF ANY STATEMENT MADE HEREIN IS
WILLFULLY FALSE OR FRAUDULENT, THAT I AM SUBJECT TO PUNISHMENT PROIVDED BY LAW.
Date
Valerie
Bore~~
Claimants
P. 002
FAX No.
JUN/22/2015/MON 01:49PM
--ml
INITIAl NOTICE OF ClAIM FOR DAMAGES AGAINST THE STATE OF NEW JERSEY
/5--~17
RECBVED
MAY 2 9 2015
ET
PHONE: (609)292-4347
FORM MUST 61: Fllfb\VITI-JIN 90 DAYS OF THE ACCIDENT OR YOU MAY FORFEIT YOU_R RIGHT
BLlL\2>~&
NAME OF CLAIMANT
,a:lo\ t~4
DATEO~BIR
STREET ADDRESS
STATE
CITY
'2/{~rQOF: ~ U!'/LQ.q
ZIP CODE
2. IF NOTICES AND CORRESPONDENCE IN CONNECTION WITH THIS CLAIM ARE TO B SENT TO A PERSON
OTHER THAN CLAIMANT, COMPLETE ITfM #Z
.-Mrm~~E\2~
o1A:- .
NAME OF PERSON
STREET ADDRESS
TELEPHON NUMBER
CITY
RELATIONSHIP TO CLAIMANT:
DATTORNEY
JS-
STATE
ZIP CODE
~HER~--------------------~-
(SPECIFY)
3A. CIRCUMSTANCES
REGA~DI~HE
OCCURRENCE OR ACCIDENT:
___JlATE AN TIME
CITY
Oll
STATE
JUN/22/2015/MON 01:50PM
FAX No.
P. 003
3C. STATE THE NAME AND ADDRESS OF THE STArE AGENCY OR AGENCIES THAT YOUClAIM CAUSED
YOUR DAMAGE.
Division of Child Protection and Permanency
3131 Princeton Pike, BLDG 6
Lawrenceville, NJ 08638
STATE THE NAMES OF STATE EMPLOYEES WHOM YOU CLAIM WERE AT FAULT, INCULDING ANY
INFORMATION WHICH CAUSED YOUR DAMAGES
3D. STATE THE NEGLIGENCE OR WRONGFUL ACTS OF THE STATE AGENCY AND STATE EMPLOYEES
WHICH CAUSED YOU DAMAGES.
I AM CLAIMING NEGLIGENCE, DISCRIMINATION AGAINST:
THE CASE WORKERS INVOLVED iN REMOVING MY CHILD
I AM CLAIMIMG CIVIL RIGHTS VIOLATION lSTr, 5TH AND 14TH AMENDMENT RIGHTS AGAINST:
THE STATE FOR NOT ALLOWING ME TO ENTER A PLEA OR EVIDENCE ON MY OWN BEHALP AND FOR
PLACING A DEFAULT JUDGMENT AGAINST ME (THE RIGHT TO DUE PROCESS)
At birth me and my child both tested negative for drugs APGAR was 9/9 Despite that my child was
removed without cause and placed in protective custody just 2 days after giving birth to her; this was
done without a warrant a; (law one brol<en) Pursuant of N.J.S.A_ 9;6-8.16, which empowers a
physician or hospital director to take custody without a court order of any child brought to him
for care and treatment who has suffered serious physical iniuries from what he interprets as
possible abuse. I was later found not guilty of abuse or neglect as found in Docket #(FN11000074"10), But my child as still removed.
Instead of placing the child with the child's aunt Catrina Griffin, who was in the hospital with
me when I gave birth; the state placed the child with an adoptive family, The state failed to
JUN/22/2015/MON 01:50PM
FAX No.
P. 004
follow;(Laws 2/3 Broken) The Foster Connection Act and the Adoption & Safe families Acts.
Catrina was asked by the caseworks at the hospital if she would take guardianship and she
stated she would DYFS took all of her information; but public records show that no follow up
from the agency Was ever conducted and my child was adopted out.
Subsequently a default judgment (Docket# FG"11"29-10) was placed against me citing rule 30
and 4~43-1. Given this, my child was placed t1p for adoption, and her name was changed to. I
was stripped of my civil and parental rights and was not allowed to defend the claims made
against me, present evidence or testimony when this default judgment was entered against me.
This is a violation of both the Foster Connection Act and the Adoption Safe Families Act.
Subsequently, the case was elevated to the Appellate court. The appellate court jttdges (The
Honorable Marianne Espinosa, Carmen Messanom, and John Kennedy) reviewed the decision
of the Honorable William Anklowitz and ruled that DYFS did not have the authority to remove
my daughter from me, and that a default judgment was granted without any evidence or
testimony allowed by me or on my behalf. The Appellate court agreed that the Honorable Jt!dge
William Anklowitz should not have accepted or entered a default judgment against me as
found in Docket #A4510-10TL and that I should at least get the opportunity to comply with the
guidelines as created by the court as ruled on 07/23/2012 by the Appellate court. However an
appeal (Docket# FG l12910) was filed, and despite witness testimony from several individuals
including one who was close to a case worker at DYFS, the state ruled that the appellate court
decision would be set aside, and the default judgment, as ruled by the Honorable Judge
William Anklowitz on 02/23/2014, would stand.
FAX No.
P. 005
Contact Information;
Felicia Cain
3268 Frankford Avenue
Philadelphia, PA 19134
.Cell1: 2l5-908-6769
Cell2: Brother (215-435-3158)
Email address: Mscain1201@aol.com
P. 007
FAX No.
fv"f:/../.1
-r::rli
INITIAL NOTICE OF CLAIM FOR OAMAGES AGAINST THE STATE OF NEW JERSEY
--d
/6
.
?
~f.{
RECEIVED
FORM MUST BE fllEO\VITHIN 90 DAYS OF THE ACCIDENT OR YOU MAY FORFEIT YOUR RIGHT
1.te\\60- CciD
NAME OF CLAIMANT
STREET ADDRESS
CITY
8-\~-<qc:j; ~ lQf/LoG\
STATE
ZIP CODE
2. IF NOTICES ANO CORRESPONDENCE IN CONNECTION WITH THIS CLAIM ARE TO BE SENT TO A PERSON
OTHER THAN ClAIMANT, COMPlETE ITEM #2.
n:r
1\\\:scet.~~RrnmQ
NAME OF PERSON
STREET ADDRESS'
---r2Jlili 1)
CITY
'TELEPHONE N MBER
RELATIONSHIP TO CLAIMANT:
DATTORNEY
o?:.U!
STATE
ZIP CODE
DriTHER__________________________
(SPECIFY)
s1 n \ro 40 .QrQ.W]: ~
CITY
STATE
D,c,f
FAX No.
JUN/22/2015/MON 01:50PM
P. 008
II
I
II
I
I
Plaintiff
I
I
Felicia Cain
''
I,,
P~ 19~.34
.I
Mscain12Dl@aol.c~!"
il
!!
I!
'!
215-908-6769 or 215-435-3158 .
:Oefenden.ts
State of New Jersey et al.
II
I~
i1
I.
11
II
I.
II
"
I
l.
I
It Felicia Cain (Piaintiff)make the following accusations against the defendants listed above.
On the morning of March 17, 2013, my daughter was taken into State custody for
-not being properly supervisored after being placed there by law enforcement
while I was asleep after being held in custody for 7 hours.
I,
FAX No.
JUN/22/2015/MON 01:50PM
P. 009
I was denied visits wtth my child after her removal, causing her el<treme mental
distress which caused her to become catatonic.
My daughter was removed from her first foster home for abuse,and with injuries
to her spine that the Division will claim has been there since birth, but with no
records of such injuries before being taken into State custody.
The State claimed jurdistion of my child's removal all though she and I are/were
Pennsylvania residence. They made this decision without any further
investigation.
Laws violated
I hereby allege: Discrimination, Negligence, Violation of Plaintiff's Maternal Rights,
Violation of Plaintiff and plaintiff's child Civil and Constitutional Rights.
A.
Depriving plaintiff and plaitift's child the Right to life liberty, property and the right
guaranteed by State.
B. Depriving plaintiff and plaitiff's child, Civil Rights 42 U.S.C Section 1983, the right
to family integrality.
C. Disregarding the probability of plaintiff's child, suffering, emotional and mental
distress.
D. Knowingly and maliciously disregarding plaintiff's child best interest.
E. Knowingly and maliciously disregarding the Equal Protection Clause of the 14th
Amendment.
F. Inadequate foster care services, resulting in further emotional and physical
distress.
G. Knowingly and maliciously depriving Plaintiff of the Due Process Clause of the
Fourteenth Amendment.
Damages
II
request that all prior court rulings be reversed, and both of Plaintiff's
children returned.
I
I
JUN/22/2015/MON 01:50 PM
P. 010
FAX No.
As Dated:
May26, 2015
By:\
Respectful submitted
~b~Th~
\
Felicia Cain
Plaintiff Pro se'
Notary
CiTY OF PMILADELPif)A, PHILADELPHIA CNTV
.. of,ly Oomml.,lon Explru Dec 16.2016
~Ja fl.~~ c
;,..; . <:r'U:
,;;
FAX No.
JUN/22/2015/MON 01:50PM
s'. THE
P. 011
6. HAVE YOU MADE A CLAIM AGAINST ~YON ELSE FOR ANY OF THE LOSSES OR EXPENSES CLAIMED IN
THIS NOTICf?
DYES
1\ol'No
IF YES, SET FORTH THE NAME AND ADDRESS OF ALL PERSONS AND INSURANCE COMPANIES AGAINST
WHOM YOU HAVEMADE SUCH CLAIMS:
7. ARE ANY OF THE LOSSES OR EXPENswtLAIMEO HEREIN COVERED BY ANY POliCY OF INSURANCE?
OY~
~0
.
FOR EACH SUCH POLICY, STATE THE NAME AND ADDRESS OF THE INSURANCE COMPANY, POLICV NUMBER
AND 8ENFITSPAID OR PAYABLE.
8, HAVE YOU RECEIV0 OR AGREED TO RECEIVE ANY MONEY FROM ANYONE FOR THE DAMAGES CLAIMED
HEREIN?
DYES
DNO
IF YES, SET FORTH THE DETAIL OF SUCH AGREEMENT.
M~DICAL
(2) FULL COPIES OF All APPRAISALS AND ESTIMATES OF PROPERTY DAMAGE CLAIMED BY YOU.
(3) COPIES OF All WRITTEN REPORTS OF ALL EXPERT WITNESSES AND TREATING PHYSICIANS.
(4) A LETTER FROM YOUR EMPLOYER VERIFYING YOUR LOST WAGES. IF SELF-EMPLOYED, A STATEMENT
SHOWING THE CALCULATION OF YOUR CLAIMED LOST INCOME.
I HEREBY CERTIFY THAT THE FOREGOING STAT.EMENTS MADE BY ME ARE TRUE. THAT THE ATTACHED
STATEMENTS, BILLS, REPORTS ANDDOCUMENTS ARE THE ONLY ONES KNOWN TO ME TO BE IN EXISTENCE
AT THIS TIME. I AM AWARE THAT I~ ANY STATEMENT MADEHEREIN IS WILLFULLY FALSE OR FRAUDULENT,
THAT lAM SUBJECT TO PUNISHMENT PROVIDED BY LAW.
t!)?J.al~
DATE
1.
'~.._
li{f
:> ~v ll'.-1
f'- ...k.-
' ,.._.de.,.
Street Address
Name of Claimant
'Date of1Birfh
City
Telephone number at which you can be reached during the hours of9 a.m. to
5 p.m. _ _ _ _ _ _ _ _ _ _ _ _ _~
2. . H_it is requested that notic~s be sent
c:ai~~nt, state:
Name of Person
Mailing Address
rvJ DJ9Co
f!()f2iJJf7{)Ldl)l
City
State
Zip
./
3.
5- :/~J-l ~c:;
TO
Date
City or Town
-~~1-im_e__
Location
r.
N..).,
State
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c. 0. P . l
LH AR. GL
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$ ifL.Ji....' '1
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.
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.(
4. a)
b)
State the name and address of each State agency and each State employee
whom you claim caused your damages o:r injuries.
State the name and address of all other persons, companies, or governmental
Agencies whom you daim are responsible for your injuries or damages.
TJ~fr
5.
1 11i): ;::_,.... Li
j;_-
6.
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'
Claimant:
Silyne M Thomas
2)
-'
Notices:
3)
Basis of claim:
Assault
Battery
Intentional Infliction ofEmotional Distress
Negligent Infliction ofEmotional Distress
Vicarious Liability
State Created Danger
NJ Civil Rights Act
4)
5)
6)
Defendant's names:
County ofHudson
Regina Caldwell
Remarkable Massi Youth Council
Philip Carrington
Kathy Baggett
*Bergen County
466 K!nderkamack Road
Oradell, New Jersey 07649
(201) 787-9406
*Essex County
40 Clinton Street
Su!te 301
Newark, New Jersey 07102
*Union County
2444 Morris Avenue
Un!on, New Jersey 07083
(973) 440-2311
(973)440. 2311
~By
appointment only
\VWW.NewJerseyAttorneys.com
essex County
One Passaic Avenue
Fairfield, NewJersey07004
(973)244-7944
;NITIAL NOTICE OF CLAIM FOR DAMAGES AGAINST THE STATE OF NEW JERSEY
FOWARD TO: DEPARTMENT OF THE TREASURY
DIVISION OF RISK MANAGEMENT
20 WEST STATE STREET, PO BOX 620
TRENTON, NEW JERSEY 08625"0620
PHONE: {609) 292-4347
lOMiiiVN
OF kt<)" ,.;r.><AdEMENT
FORM MUST BE FILED\oVITHIN 90 DAYS OF THE ACCIDENT OR YOU MAY FORFEIT YOUR RIGHT
Joanne M. Shockley as
l. natural guardian of J
NAME OF CLAIMANT
~arent
and
S
01/28/2000
STREET ADDRESS
DATE OF BIRTH
CITY
08210
STATE
ZIP CODE
609-536-2993
DAYTIME PH.ONE NUMBER
2. IF NOTICES AND CORRESPONDENCE IN CONNECTION WITH THIS CLAIM ARI! TO BE SENT TO A PERSON
OTHER THAN CLAIMANT, COMPLETE ITEM #2.
NAME OF PERSON
STREET ADDRESS
609-522-5252
Wildwood, NJ
TELEPHONE NUMBER
CITY
RELATIONSHIP TO ClAIMANT:
E!ATIORNEY
08260
STATE
ZIP CODE
DOTHER----------------------------~
(SPECIFY)
AND TIME
-- DATE
- - ... - ... - .. - ---
N/A
STAT': VEHICLE DRIVER'S NAME
08360
STATE
N/A
STATE PLATE# AND VEHICLE DESCRIPTION
3B. DESCRIBETHE ACCIDENT OR OCCURRENCE: IF A DIAGRAM WILL ASSIST YOUR EXPLANATION, USE A
SEPARATE SHEET AND ATIACH IT TO THIS FORM.
Claimant was a student at the Pineland Learning Center, Inc.
... ........ =
~=><
3G, 'ST.AT!i THE NAME AND ADDRESS OF THE STATE AGENCY OR AGENCIES THAT YOU CLAIM CAUSED YOUR
DAMAGE.
Department of Education
STATE THE NAMES OF STATE EMPLOYEES WHOM YOU CLAIM WERE AT FAULT, INCLUDING ANY
INFORMATION TH.l)TWILLASSIST IN INDENTIFYING AND LOCATING THEM.
To be supplied.
3D. STATE THE NEGLIGENCE OR WRONGFUL ACTS OF THE STATE AGENCY AND STATE EMPLOYEES WHICH
CAUSED YOUR DAMAGES .
3E. STA:S THE NAME AND ADDRESS OF ALL WITNESSES TO THE ACCIDENT OR OCCURRENCE.
All parties.
lJOTHER-EXPLAIN. _ _ _ _ _ _ _ _ _ __
IDES
DNO
(3) FOR EACH fi.OSPITj)L, POCTOR OR OTHER PRACTITIONER RENDERING TREATMENT, EXAMINATION OR
DIAGNOSTIC SERVICES1 STATE'
NAME OF HOSPITAL,
OATES OF
AMOUNT OF
AMT. PAID OR PAYABLE
ADDRESS
DOCTOR OR OTHER
TREATMENT
CHARGE TO
BY OTHER SOURCE, I.E.
FACILITY
OR SERVICE
DATE
INSURANCE
~-~
--
(4) IF YOU CLAIM LOSS OF WAGE OR INCOME AS A RESULT OF THE INJURY STATE:
... N/A
NAME OF EMPLOYER
ADDRESS OF EMPLOYER
YOUR OCCUPATION
RATE OF PAY
NOTE: IF YOUR CLAIMED LbSS OF INCOME ARISES FROM SELF-EMPLOYMENT OR OTHER THAN WAGE
'
ATTACH ACALCULATION SHOWING THE BASIS OF YOUR CALCULATION OF LOST INCOME.
(5) SET FORTH ANY AND ALL OTHER LOSSES OR DAMAGE CLAIMED BY YOU.
To be supplied.
N/A
(Z) THE PRESENT LOCATION AND TIME WHEN THE PROPERTY MAY BE INSPECTED.
DYES
ONO
.. .............
~-.
6. HAVi YOU MADE A CLAIM AGAINST ANYONE ELSE FOR ANY OF THE LOSSES OR EXPENSES CLAIMED IN .
THIS NOTICE?
UYES
ONO
IF YES, SET FORTH THE NAME AND ADDRESS OF ALL PERSONS AND INSURANCE COMPANIES AGAINST
WHOM YOU HAVEMADE SUCH CLAIMS: Pineland Learning Center, Inc.
7. ARE ANY OF THE LOSSES OR EXPENSES ClAIMED HEREIN COVERED BY ANY POLICY OF INSURANCE?
l(IYES
ONO
FOR EACH SUCH POLICY, STATE THE NAME AND ADDRESS OF THE INSURANCE COMPANY, POLICY NUMBER
AND BENEFITSPAIDOR PAYABLE.
Horizon CCN7770001799456202
8. HAVE YOU RECEIVED OR AGREED TO RECEIVE ANY MONEY FROM ANYONE FOR THE DAMAGES ClAIMED
DYES
KJNO
. . ..
HERWl?
IF YES, SET FORTH THE DETAIL. OF SUCH AGREEMENT.
M~DICAL
(2) FULL COPIES OF ALL APP_BAISALS AND ESTIMATES OF PROPERH DAMAGE CLAIMED BY YOU.
(3) COPIES OF ALL WRITfEN REPORTS OF ALL EXPERT WITNESSES AND TREATING PHYSICIANS.
(4) A LETI ER FROM YOUR EMPLOYER VERIFYING YOUR LOST WAGES. IF SELF-EMPLOYED, A STATEMENT
SHOWiNG THE CALCULATION OF YOUR CLAIMED LOST INCOME.
I HEREBY CERTIFY THAT THE FOREGOING STATEMENTS MADE BY ME ARE TRUE, THAT THE ATIACHED
STATEMENTS, BILLS, REPORTS ANDDOCUMENTS ARE THE ONLY ONES KNOWN TO ME TO BE IN EXISTENCE
AT THIS T:11E. I AM AWARE THAT IF ANY STATEMENT MADEHEREIN IS WILLFULL
LSE OR FRAUDULENT,
THAT I AH SUBJECT TO PUNISHMENT PROVIDED
(JJl(}\lJ
DATE
INITIAL NOTICE OF CLAIM FOR DAMAGES AGAINST THE STATE OF NEW JERSEY
!
FOWARD TO:
DEPARTM~NTOFTHETREASURY,BUREAUOFRISKMGMT.
REC"
1\'f-E":f.~_ _ _.,_
J'l
ul 14 2014
ffi~~o
IR~NTON,NEWJERSEY08625
. PH9NE: (609) 29H347
t:_.'.-.--
FORM MUST BE FILED \VI' THIN 90 DAYS OF THE ACCIDENT OR YOU MAY FORFEIT YOUR RIGHT
'
'
'
1. CLAIMANT:
K
-Ga
LAST NAME
MIDDLE
FIRST
ol r c;oursey roaq
Oreland, PA 190713
ADDRESS
(201) 420-1911
8/3/02
Telephone
DATE OF BIRTH
2. IF NOTICES AND CORRESPONDENCE I~ CONNECTION WITH THIS CLAIM.ARE TO BE SENT TO A PERSON OTHER THAN
CLAIMANT, COMPLETE ITEM #2.
i
.
.
.
1201 Hudson Street
Suite 230
Hoboken, NJ 07030
MAILING ADDRESS
'
;
201-420-1911
ADDRESS
RELATIONSHIPTOCLAIMANT:
TELEPHONE
'
ATTORNEYATLAW ~ OR
J
'
EXPLAIN RELATIONSHIP
O~CURRENCE OR ACCIDENT:
09/2009-05/2011
diverse times
DATE
;TIME
aeo
ew ersey an.
rvrson o
ou
an
5. STATE THE ,NAME AND ADDRESS OF ALL WlrNESSES TO THE ABOVE ACCIDENT OR OCCURRENCE.
'
.._
'
.
6. STATE THE NAMES AND ADDRESSES OF EAqH STATE AGENCY OR AGENCIES AND EACH STATE EMPLOYEE WHOM YOU CLAIM CAUSED YOUR
DAMAGES OR INJURIES.
I
.
I
I
?.STATE THE NAME AND ADDRESS OFALLQTHER PERSONS, COMPANIES OR GoVERNMENTAL AGENCIES WHICH YOU CLAIM ARE RESPONSIBLE FOR
YOUR INJURIES OR DAMAGES.
'
.
In addition, K
will require ongoing ~nd lifelong counseling and psychological care for psychological and psychic injuries she
received from her biological mother and astociate., as well as unknown others. :
$50,~00,000.00
/36'13 6 l'fdc._
"'- 0 uf L,ItA-TE
11
~\ ~/' ~:
1939 Rome 70 East
Suite 220
Cherry Hill NJ 08003
OF COUNSEL
Paul W. Sonsrein, Esquire
RECEIVED
JUL i 5 2013
Dear Sir/Madam:
Please bt: advised that this office represents Andre Redd and Sbai1ae Tibbs, individually
and on behalf of minor claimant, A.R. In accordance with N.J.S.A. 59:1-1 et seq.,Andre Redd
and Shailae Tibbs hereby offer the to !lowing Tort Claims Notice:
1.
CLAIMANT INFORMATION:
Name:
, \dclress:
2.
( 856) 42.:1-1808
( 856) 42.:1-2032 (t)
3.
4.
May 16,2013
DESCRlPTION OF INCIDENT:
Minor claimant A.R. was enrolled in the Head Start program at Center for Family
Services located at 500 Pine Street in Camden, NJ. Upon information and reasonable belief, on
May 16,2013, approximately 2:00P.M., the minor claimant, A.R., was released from the Center
for Family Senices, by an individual reasonably believed to be an employee of Center for Family
Services, Shancc Monk. to an unkno\.Vn/rmnamed individual, reasonably believed to be a driver
employed by the New Jersey Department of Youth and Family Services (DYFS). The driver, in
turn, took minor claimant, AR., to an unknown physician's office, wherein, she underwent an
examination, and then brought to an nnknown individual's residence. After which, she was
returned to the Center f(Jr Family Services. Upon information and reasonable belief, there was
no procedure or protocol followed or required by the Center for Family Services to allow minor
claimant AR., to be released tiom the premises. In addition, neither the Center for Family
Services nor DYFS had Andre Redd and/or Shailae Tibbs' pennission and/or consent to
take/release minor claimant tiom the premises.
5.
6.
The amount claimed as of this elate cannot be ascertained since the damages are
being presently incurred and \Viii continue for some time in the future. In accordance with this
Statute, this int;mnation will be supplemented throughout the pendency of this claim.
If there are any other forms which you desire that we complete under Title 59:8-6, kindly
advise and we will be happy to comply.
I certifY that the foregoing statements made by me are true. I am aware that if any of the
foi"egoing statements made by me are willfully false or fraudulent, I am subject to punislunent as
provided by law.
Sincerely,
ASM:cg