NJSBA Family Law Section

I recently received a Rule 1:4-8 notice placed smack dab in the middle of the Answer to our counterclaim.

After the responses to our counterclaim, it stated:

FRIVOLOUS CLAIM NJSA 2A:15-59-1

"Plaintiff specifically reserves the right to bring a formal motion for relief under the Frivolous Claim Statute set forth at NJSA 2A:15-59.1 et seq.

<then attorney signature>

Then:

Notice and Demand is hereby given pursuant to NJSA 2A:15-59.1 and Rule 1:4-8 that Count Two of the Counterclaim violates the provisions of Rule 1:4-8 in that recovery against Plaintiff based on Count Two of the Counterclaim is not warranted by existing Law or by a non-frivolous argument for the extension, modification or reversal of existing Law or the establishment of new Law; and (b) there is no factual basis for the assertion of Count Two of the Counterclaim.  Demand is hereby made that the complaint be immediately withdrawn.  Notice is given that an application for sanctions will be made within a reasonable time hereafter if the complaint is not withdraw within 28 days of service of this written demand.

 <signed by attorney>

------------------------------
Rachel Cotrino Esq.
Jackson NJ
(732)987-9966
------------------------------


Original Message:
Sent: 04-28-2015 15:51
From: Jayde Wiener
Subject: Answer and Counterclaim: R. 1:4-8 Frivolous Litigation

Hi Everyone,

Has anyone filed an Answer and Counterclaim which includes, in response, an assertion of R. 1:4-8, requesting sanctions for frivolous litigation? Any guidance is appreciated.


Thanks,

JAYDE WIENER, ESQ.
Wolkstein, Von Ellen & Brown, LLC
959 S. Springfield Avenue
Springfield, New Jersey 07081
973-376-1114 / 973-376-6665 (Fax)
[email protected]<mailto:[email protected]>

NOTICE: This e-mail message and any attachments to this e-mail contains information that may be legally privileged and confidential from the firm of Wolkstein, Von Ellen & Brown, LLC. If you are not the intended recipient, you must not review, transmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us by return e-mail or by calling 973-376-1114 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the firm of Wolkstein, Von Ellen & Brown, LLC. This notice is automatically appended to each e-mail message leaving this firm.




</mailto:[email protected]>

I recently received a Rule 1:4-8 notice placed smack dab in the middle of the Answer to our counterclaim.

After the responses to our counterclaim, it stated:

FRIVOLOUS CLAIM NJSA 2A:15-59-1

"Plaintiff specifically reserves the right to bring a formal motion for relief under the Frivolous Claim Statute set forth at NJSA 2A:15-59.1 et seq.

<then attorney signature>

Then:

Notice and Demand is hereby given pursuant to NJSA 2A:15-59.1 and Rule 1:4-8 that Count Two of the Counterclaim violates the provisions of Rule 1:4-8 in that recovery against Plaintiff based on Count Two of the Counterclaim is not warranted by existing Law or by a non-frivolous argument for the extension, modification or reversal of existing Law or the establishment of new Law; and (b) there is no factual basis for the assertion of Count Two of the Counterclaim.  Demand is hereby made that the complaint be immediately withdrawn.  Notice is given that an application for sanctions will be made within a reasonable time hereafter if the complaint is not withdraw within 28 days of service of this written demand.

 <signed by attorney>

------------------------------
Rachel Cotrino Esq.
Jackson NJ
(732)987-9966
------------------------------


Original Message:
Sent: 04-28-2015 15:51
From: Jayde Wiener
Subject: Answer and Counterclaim: R. 1:4-8 Frivolous Litigation

Hi Everyone,

Has anyone filed an Answer and Counterclaim which includes, in response, an assertion of R. 1:4-8, requesting sanctions for frivolous litigation? Any guidance is appreciated.


Thanks,

JAYDE WIENER, ESQ.
Wolkstein, Von Ellen & Brown, LLC
959 S. Springfield Avenue
Springfield, New Jersey 07081
973-376-1114 / 973-376-6665 (Fax)
[email protected]<mailto:[email protected]>

NOTICE: This e-mail message and any attachments to this e-mail contains information that may be legally privileged and confidential from the firm of Wolkstein, Von Ellen & Brown, LLC. If you are not the intended recipient, you must not review, transmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us by return e-mail or by calling 973-376-1114 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the firm of Wolkstein, Von Ellen & Brown, LLC. This notice is automatically appended to each e-mail message leaving this firm.




</mailto:[email protected]>