NJSBA Family Law Section

I have a strange case.  The Husband and Wife have been divorced for more than a year.  During the FM, I tried a DV and won on my client's behalf. I represent the Husband. Wife was represented by Counsel .The PSA had the standard boilerplate waiving all claims etc.  The Wife with representation has now filed a frivolous TEVIS complaint against my client for unspecified pyschological abuse, emotional, physical abuse, domestic violence and harassment.  There is absolutely no documented domestic violence of any kind.

I am thinking that I make an application in the FM to join it and dismiss it post judgment?  Any ideas?

-------------------------------------------
Corinne Campi Esq.
Wall Township NJ
(732)556-0525

-------------------------------------------

If the DV and these alllegations and causes of actions accrued during the divorce proceedings and were not added, and now the Wife is filing a separate civil actions, I believe she is barred by the Entire Controversy Doctrine which is what Tevis v. Tevis stands for that all claims must be joined in the divorce. File a Motion to Dismiss the complaint.

-------------------------------------------
[Alice M. Plastoris, Esq.
Law Office of Alice M. Plastoris
82 Speedwell Avenue
Morristown, NJ 07960
973-538-7070
e-mail: [email protected] or [email protected]
-------------------------------------------






Original Message:
Sent: 05-14-2013 15:31
From: Corinne Campi
Subject: Tevis complaint after the JOD and PSA is entered

I have a strange case.  The Husband and Wife have been divorced for more than a year.  During the FM, I tried a DV and won on my client's behalf. I represent the Husband. Wife was represented by Counsel .The PSA had the standard boilerplate waiving all claims etc.  The Wife with representation has now filed a frivolous TEVIS complaint against my client for unspecified pyschological abuse, emotional, physical abuse, domestic violence and harassment.  There is absolutely no documented domestic violence of any kind.

I am thinking that I make an application in the FM to join it and dismiss it post judgment?  Any ideas?

-------------------------------------------
Corinne Campi Esq.
Wall Township NJ
(732)556-0525

-------------------------------------------

i agree. Entire controversy doctrine is applicable.

-------------------------------------------
Veronica Davis Esq.
Freehold NJ
(732)780-9300

-------------------------------------------






Original Message:
Sent: 05-14-2013 15:31
From: Corinne Campi
Subject: Tevis complaint after the JOD and PSA is entered

I have a strange case.  The Husband and Wife have been divorced for more than a year.  During the FM, I tried a DV and won on my client's behalf. I represent the Husband. Wife was represented by Counsel .The PSA had the standard boilerplate waiving all claims etc.  The Wife with representation has now filed a frivolous TEVIS complaint against my client for unspecified pyschological abuse, emotional, physical abuse, domestic violence and harassment.  There is absolutely no documented domestic violence of any kind.

I am thinking that I make an application in the FM to join it and dismiss it post judgment?  Any ideas?

-------------------------------------------
Corinne Campi Esq.
Wall Township NJ
(732)556-0525

-------------------------------------------

Former Wife has filed a civil action for former Husband'alleged conduct pre-Final Judgment, yes? No need to consolidate anything. Former Husband wins dismissal of civil action under Entire Controversy Doctrine. A simple dismissal motion and brief in the civil action alleging the procedural facts should suffice. Rules of Court case annotations will give you plenty of firepower. Hanan ------------------------------------------- Hanan Isaacs Esq. Kingston NJ (609)683-7400 -------------------------------------------
Original Message: Sent: 05-14-2013 23:40 From: Veronica Davis Subject: Tevis complaint after the JOD and PSA is entered i agree. Entire controversy doctrine is applicable. ------------------------------------------- Veronica Davis Esq. Freehold NJ (732)780-9300 -------------------------------------------
Original Message: Sent: 05-14-2013 15:31 From: Corinne Campi Subject: Tevis complaint after the JOD and PSA is entered I have a strange case. The Husband and Wife have been divorced for more than a year. During the FM, I tried a DV and won on my client's behalf. I represent the Husband. Wife was represented by Counsel .The PSA had the standard boilerplate waiving all claims etc. The Wife with representation has now filed a frivolous TEVIS complaint against my client for unspecified pyschological abuse, emotional, physical abuse, domestic violence and harassment. There is absolutely no documented domestic violence of any kind. I am thinking that I make an application in the FM to join it and dismiss it post judgment? Any ideas? ------------------------------------------- Corinne Campi Esq. Wall Township NJ (732)556-0525 -------------------------------------------

It is my recollection that was one of the issues involved in "Tevis" i.e. that the Supreme Court ruled that the wife should have brought her claim for assault and battgery as part of her divorce under the Entire Contoversy Doctrine..
-------------------------------------------
Nickolas Nasuta Esq
Oradell NJ
(201)265-7668

-------------------------------------------






Original Message:
Sent: 05-14-2013 23:40
From: Veronica Davis
Subject: Tevis complaint after the JOD and PSA is entered

i agree. Entire controversy doctrine is applicable.

-------------------------------------------
Veronica Davis Esq.
Freehold NJ
(732)780-9300

-------------------------------------------






Original Message:
Sent: 05-14-2013 15:31
From: Corinne Campi
Subject: Tevis complaint after the JOD and PSA is entered

I have a strange case.  The Husband and Wife have been divorced for more than a year.  During the FM, I tried a DV and won on my client's behalf. I represent the Husband. Wife was represented by Counsel .The PSA had the standard boilerplate waiving all claims etc.  The Wife with representation has now filed a frivolous TEVIS complaint against my client for unspecified pyschological abuse, emotional, physical abuse, domestic violence and harassment.  There is absolutely no documented domestic violence of any kind.

I am thinking that I make an application in the FM to join it and dismiss it post judgment?  Any ideas?

-------------------------------------------
Corinne Campi Esq.
Wall Township NJ
(732)556-0525

-------------------------------------------

Initially, I am a bit confused. You report that your adversary filed a Complaint. Are you literally stating that he filed an initial pleading? Please tell us a bit more. Is a time frame for the complained of conduct alleged? Is there a claim that any of the injuries allegedly caused during the marriage were latent and reasonably non-discoverable or asymptomatic at the time of divorce?

-------------------------------------------
Curtis Romanowski Esq.
Senior Attorney - Proprietor
Brielle NJ
(732)603-8585

-------------------------------------------






Original Message:
Sent: 05-14-2013 23:40
From: Veronica Davis
Subject: Tevis complaint after the JOD and PSA is entered

i agree. Entire controversy doctrine is applicable.

-------------------------------------------
Veronica Davis Esq.
Freehold NJ
(732)780-9300

-------------------------------------------






Original Message:
Sent: 05-14-2013 15:31
From: Corinne Campi
Subject: Tevis complaint after the JOD and PSA is entered

I have a strange case.  The Husband and Wife have been divorced for more than a year.  During the FM, I tried a DV and won on my client's behalf. I represent the Husband. Wife was represented by Counsel .The PSA had the standard boilerplate waiving all claims etc.  The Wife with representation has now filed a frivolous TEVIS complaint against my client for unspecified pyschological abuse, emotional, physical abuse, domestic violence and harassment.  There is absolutely no documented domestic violence of any kind.

I am thinking that I make an application in the FM to join it and dismiss it post judgment?  Any ideas?

-------------------------------------------
Corinne Campi Esq.
Wall Township NJ
(732)556-0525

-------------------------------------------

I suggest that you notify the other attorney in accordance with RR 1:4-8(b) that he or she has filed a frivolous claim (by reason of the entire controversy doctrine and the waiver that is contained in the PSA) and that if the complaint is not dismissed or otherwise withdrawn within 28 days, you will seek sanctions against him/her and the client, including, but not limited to, your counsel fees and costs for having to defend the suit.

-------------------------------------------
Leonard Wolkstein Esq.
Springfield NJ
(973)376-1114

-------------------------------------------






Original Message:
Sent: 05-14-2013 15:31
From: Corinne Campi
Subject: Tevis complaint after the JOD and PSA is entered

I have a strange case.  The Husband and Wife have been divorced for more than a year.  During the FM, I tried a DV and won on my client's behalf. I represent the Husband. Wife was represented by Counsel .The PSA had the standard boilerplate waiving all claims etc.  The Wife with representation has now filed a frivolous TEVIS complaint against my client for unspecified pyschological abuse, emotional, physical abuse, domestic violence and harassment.  There is absolutely no documented domestic violence of any kind.

I am thinking that I make an application in the FM to join it and dismiss it post judgment?  Any ideas?

-------------------------------------------
Corinne Campi Esq.
Wall Township NJ
(732)556-0525

-------------------------------------------

Superb idea. You double the pressure and may get paid for your trouble. ------------------------------------------- Hanan Isaacs Esq. Kingston NJ (609)683-7400 -------------------------------------------
Original Message: Sent: 05-15-2013 12:24 From: Leonard Wolkstein Subject: Tevis complaint after the JOD and PSA is entered I suggest that you notify the other attorney in accordance with RR 1:4-8(b) that he or she has filed a frivolous claim (by reason of the entire controversy doctrine and the waiver that is contained in the PSA) and that if the complaint is not dismissed or otherwise withdrawn within 28 days, you will seek sanctions against him/her and the client, including, but not limited to, your counsel fees and costs for having to defend the suit. ------------------------------------------- Leonard Wolkstein Esq. Springfield NJ (973)376-1114 -------------------------------------------
Original Message: Sent: 05-14-2013 15:31 From: Corinne Campi Subject: Tevis complaint after the JOD and PSA is entered I have a strange case. The Husband and Wife have been divorced for more than a year. During the FM, I tried a DV and won on my client's behalf. I represent the Husband. Wife was represented by Counsel .The PSA had the standard boilerplate waiving all claims etc. The Wife with representation has now filed a frivolous TEVIS complaint against my client for unspecified pyschological abuse, emotional, physical abuse, domestic violence and harassment. There is absolutely no documented domestic violence of any kind. I am thinking that I make an application in the FM to join it and dismiss it post judgment? Any ideas? ------------------------------------------- Corinne Campi Esq. Wall Township NJ (732)556-0525 -------------------------------------------