Kenneth Bailynson, owner of the defunct Good Decisions Sober Living in West Palm Beach, and Eric Snyder, owner of Real Life Recovery and Halfway There, accused of bilking insurance companies out of more than $50 million for bogus urine drug tests for addicts.

 Eric Snyder, owner of Real Life Recovery and Halfway There

Kenneth Bailynson, owner of the defunct Good Decisions Sober Living in West Palm Beach

Federal prosecutors unsealed indictments on Wednesday charging eight people — sober home and drug treatment owners, employees and a doctor — with health care fraud and money laundering in two of the highest profile investigations in the crackdown on corruption in South Florida’s drug treatment industry.

Kenneth Bailynson, owner of the defunct Good Decisions Sober Living in West Palm Beach, and Eric Snyder, owner of Real Life Recovery and Halfway There, both face more than 20 years in prison and forfeiture of millions of dollars and dozens of condominiums and homes if convicted of bilking insurance companies out of more than $50 million for bogus urine drug tests for addicts.

The FBI raids at Bailynson and Snyder’s businesses in late 2014 grabbed headlines and were the first in an ongoing multi-agency federal crackdown on patient brokering and insurance fraud called Operation Thoroughbred.

Bailynson, known for his explosive temper, psychiatrist Dr. Mark Agresti, Stephanie Curran and Matthew Noel, employees of Good Decisions, bilked more than 80 insurance companies out of $31.3 million in bogus drug tests, according to the indictment.

The charges span four years and detail how Bailynson operated his sober home as a cover for a full-service drug testing empire complete with its own lab, a doctor to write prescriptions for drug screens and condominiums to house addicts with insurance.

 
According to the indictment, Bailynson bought more than two dozen condos in Green Terrace, a dilapidated complex at 2800 Georgia Ave. in West Palm Beach. He offered insured addicts free rent in exchange for their urine and their commitment to attend drug programs where Bailynson received kickbacks from the operators for each addict he enrolled, the complaint says.

Bailynson, Noel, Curran and four unindicted co-conspirators also paid kickbacks to recruiters to bring insured addicts to Good Decisions for housing. Bailynson hired Dr. Agresti, a West Palm Beach psychiatrist well-known in the drug treatment community, as his medical director.

Agresti, in turn, wrote prescriptions for urine drug screens that were not medically necessary and did not use the results to determine appropriate treatment, according to the indictment.

A Palm Beach Post investigation in 2015 detailed how Bailynson took over the condominium complex and turned it into an armed camp, where guards with guns made sure addicts did not leave and nosy residents minded their own business. By the time the FBI raided Good Decisions in September 2014, Bailynson had converted the pool clubhouse into a urine collection site and banned unit owners from entering.

Urine testing is a staple of drug treatment, a fast way to track relapse and gauge use of prescribed drugs. It’s also cheap. Corner drug stores sell $25 tests that will immediately indicate the presence of a drug. However, unscrupulous treatment operators hire doctors to prescribe more complex — and costly — tests that reveal not only the presence of a drug, but how much is in the addict’s system.

 
The urine of addicts living at Good Decisions was tested at least three times a week. In all, Bailyson’s businesses billed insurance companies for more than $106 million worth of drug tests. The insurance companies paid out $31.3 million.

The other indictment unsealed on Wednesday accuses Eric Snyder, owner of the defunct Halfway There and Real Life Recovery sober home and treatment center in Delray Beach, Paul Materia, Joseph Lubowitz and Christopher Fuller with running a similar operation that raked in $20.1 million from insurance companies for urine drug tests.

Snyder and Fuller were both arrested in July 2017. In a 26-page federal complaint, Fuller was described as a “junkie hunter” hired by Snyder to provide addicts who had insurance for his sober homes and drug treatment center. The document described how Snyder bribed patients with airline tickets, cash, rent and visits to strip clubs. Fuller trolled AA meetings and “crack” motels to find patients, the complaint said.



But prosecutors agreed to hold off on indicting Snyder and Fuller as they tried to negotiate a plea deal with both men. After months of delaying the case, prosecutors went ahead and convened a grand jury, which issued an indictment on June 7.

 
The indictment describes a multi-state business operation that ensured Snyder’s halfway homes and drug treatment center were full. Lubowitz recruited addicts from his treatment centers in New Jersey and was paid a commission for each addict he admitted to Snyder operations.

Patients’ signatures were forged on sign-in sheets, forms were backdated and fraudulent documents created to make it appear absent patients had attended treatment, according to the indictment. Insured addicts who tested positive were rarely evicted and often urine was collected but not tested. Uninsured addicts were given less costly drug tests, according to the indictment.

Materia ran Snyder’s businesses and was responsible for billing insurance and overseeing lab technicians at the on-site laboratory. In all, Snyder billed insurance companies $58.2 million for urine tests and treatment.

=======================




Ken Bailynson, a former sober home operator described in a federal court on Friday as a serial fraudster, will remain in jail while he awaits trial on charges of money laundering and health care fraud.

Federal Magistrate William Matthewman rejected bond, finding that Bailynson is a flight risk and poses an economic danger to the community. During the two-hour bond hearing, Assistant U.S. Attorney Jim Hayes described Bailynson’s sober home in West Palm Beach, Good Decisions Sober Living, as a “piss farm” that existed “only to harvest residents’ urine” for costly drug tests that were not used in the treatment of recovering addicts.


Between 2011 and 2015, Bailynson’s sober home, treatment program and lab billed 80 insurance companies more than $106 million for urine drug screens. The companies paid out $31.1 million, Hayes said. Of that amount, Bailynson received $14.7 million, Hayes said.

A Palm Beach Post investigation in 2015 detailed how Bailynson took over Green Terrace, a condominium complex on Georgia Avenue in West Palm Beach, and turned it into an armed camp, where guards with guns made sure addicts did not leave and nosy residents minded their own business. By the time the FBI raided Good Decisions in September 2014, Bailynson had converted the pool clubhouse into a urine collection site and banned unit owners from entering.

Urine drug tests are a staple in drug treatment, providing a fast and easy way to determine whether an addict has relapsed. However, unscrupulous drug treatment operators paid doctors to write prescriptions for costly and complex urine drug tests as often as four times a week, billing insurance companies as much as $6,000 per test.


Bailynson compensated residents for bringing in new addicts with trips to Universal Studios in Orlando and discounts on rent. Addicts living at Green Terrace who lost their insurance were evicted, Hayes said.

In some cases, tests were ordered before the results of the prior test had been received and test results were not used in treating addicts, Hayes said. Several residents at Good Decisions had urine drug test bills of more than $1 million, Hayes said. Others racked up bills in the hundreds of thousands of dollars within months, Hayes said.

Although Bailynson shut down Good Decisions shortly after it was raided by the FBI in September 2014, he went back into business, operating a treatment center, lab and sober home through companies created in the names of his girlfriend and former employees, Hayes said. One former employee testified that Bailynson has nothing to do with the business

Bailynson, known for his explosive temper, sat calmly between his two, private lawyers with the law firm of Holland & Knight. Attorney LT Lafferty said Bailynson is not a flight risk because he now has a 21-month-old son and his passport was seized during the 2014 raid. Bailynson also owns dozens of condos at Green Terrace, several apartment buildings in suburban Lake Worth and his home.

As for Bailynson’s expletive-laced tirades, Lafferty said Bailynson is a “typical” guy from New Jersey: “He speaks loudly. He likes to be heard.”

Three other defendants indicted with Bailynson were granted bond. Dr. Mark Agresti, facing health care fraud charges for writing prescriptions for unnecessary drug tests, is free on $250,000 bond. Bail was set at $150,000 for Stephanie Curran, a former employee of Good Decisions. Matt Noel, also a former employee, is free on his own recognizance.

Bailynson will be arraigned on July 31.

In addition to damaging hearing, loud noise can cause other physical stress as well as mental stress.

Workplace Noise: More than just “All Ears”

Posted on June 28, 2018 by Ellen Kerns, MPH, CPH, COHC and Elizabeth Masterson, PhD, CPH, COHC

Noise is everywhere, but how loud does it need to be to cause harm? While many people know that loud noise can hurt their ears, they don’t know how loud is too loud or how long they can listen before it becomes harmful.

• Noise around 85 decibels (dBA) – which is loud enough that you must raise your voice to be heard by someone three feet away (arm’s length) – can damage your hearing after repeated exposures lasting 8 hours or more. Equipment, like printing presses and lawn mowers, and activities like vacuuming, or using earbuds or headphones with the volume set around 70%, all average about 85-90 dBA.
• When noise reaches 95 dBA – which is loud enough that you must shout to be heard by someone at arm’s length – it can put your hearing at risk in less than an hour. Bulldozers, ambulance sirens, chain saws, bars/nightclubs and large sporting events are all louder than 95 dBA.

Noise Can Hurt More Than Your Ears

In addition to damaging hearing, loud noise can cause other physical stress as well as mental stress. Often the short-term effects of such stress go unnoticed or are blamed on other things. These symptoms can range from feeling tired and/or irritable to having temporarily high blood pressure or muffled hearing. Over time, with repeated exposure to loud noise, more lasting conditions can develop, such as hearing loss (a permanent condition), and it is unknown if these exposures may also lead to more lasting cardiovascular conditions, such as high blood pressure.

While it has been established that noise causes hearing loss, there is new research exploring whether noise can also contribute to high blood pressure, high cholesterol and heart disease. Recently, a new NIOSH study, titled “Cardiovascular Conditions, Hearing Difficulty, and Occupational Noise Exposure within U.S. Industries and Occupations,” looked into the relationship between loud noise at work and conditions like high blood pressure, high cholesterol and hearing difficulty. This study found:

• Twenty-two million workers experience loud noise on the job each year.
• Most hearing difficulty cases among workers (58%) were linked to loud noise on the job and could be prevented if the noise was reduced to safe levels.
• Nine percent of high cholesterol and 14 percent of high blood pressure cases among workers could be linked to loud noise on the job.
• Workers with a history of loud noise on the job were less likely to have had their blood pressure or their cholesterol checked.

Fortunately, workplace noise exposure can be reduced and occupational hearing loss entirely prevented with today’s hearing loss prevention strategies and technology. This NIOSH study also highlighted the importance of workers getting screened regularly for hearing loss, high blood pressure, and high cholesterol, and the benefits of workplace health and wellness programs. These programs have been shown to have a substantial return on investment, by reducing losses in productivity from disease progression and boosting morale. Workers exposed to loud noise may especially benefit from these programs.

If you want to help get a discussion started please pose a question in the comment section below.
Visit the NIOSH Occupational Hearing Loss Surveillance website for more information, including industry sector-specific statistics on hearing loss, tinnitus, and noise exposure.
Visit the NIOSH Noise and Hearing Loss Prevention website for guidelines and recommendations for employers and workers to help reduce noise exposure at the workplace.

Michael Bruggman, 43, working for Lochridge-Priest, Inc. killed in the Coryell Memorial Gatesville, Texas hospital explosion, which left 15 other workers injured, some critically.

2nd Worker Dies From Injuries in Texas Hospital Explosion
July 2, 2018
 

A second worker has died from an explosion at a Central Texas hospital that left more than a dozen injured.

Police reported the death of 36-year-old Filiberto Morales of Round Rock, Texas, who died June 28 after being injured in an explosion on June 26 at Coryell Memorial Hospital in Gatesville. Police say Morales was working at the construction site.


Authorities have reported that more than a dozen construction workers were hurt from the explosion and that most had burn and blast injuries. Police also identified the first person killed by the explosion as 44-year-old Michael Bruggman of Rogers, south of Temple.

Witnesses said an electric generator inside an uncompleted hospital expansion exploded, spreading shrapnel. Yet, Dave Byrom, the hospital’s chief executive, said the blast possibly started with a gas line. ================================

We are deeply saddened by the event that occurred Tuesday, June 26th, at our job site at Coryell Memorial Hospital in Gatesville, Texas.  Today we are mourning the loss of a valued LPI family member in addition to offering our prayers and support to others who were injured, wishing them a speedy recovery.  Right now, our priority is to provide any manner of support possible to valuable members of LPI, along with their families.  As an active member in the Central Texas community, we take seriously any event that impacts the lives of Central Texans, and we are dedicated to helping our Lochridge-Priest family move forward.

WACO, Texas (KWTX)

A candlelight vigil is scheduled this weekend for Michael Bruggman, 43, of Rogers, the Lochridge-Priest worker killed in the Gatesville hospital explosion, which left 15 other workers injured, some critically.

The vigil begins at 8 p.m. Saturday at The Lakes at Central Pointe at 4001 Central Pointe Parkway in Temple.

A source close to the investigation said Bruggman was installing an air conditioning unit on top of the building at the time of the explosion Tuesday afternoon.

Bruggman was a Temple native who graduated in 1992 from Academy High School and went on to attend Sam Houston State University.

A memorial service for Bruggman begins at 11 a.m. Monday at the Dossman Funeral Home Chapel at 2525 North Main St. in Belton.

Visitation begins at 10 a.m. Monday at the funeral home.

Five other Lochridge-Priest employees were injured in the explosion, the company said in a press release Thursday.

They and Bruggman were among 15 Lochridge-Priest workers on site at the time of the explosion Tuesday afternoon.

The other nine employees weren't hurt.

Adolfson & Peterson Construction, the general contractor for the project, issued a statement Wednesday in which it said Bruggman and the 15 injured workers were all employees of Lochridge-Priest and were working near the central utility plant building when the explosion occurred.

It wasn’t clear Thursday afternoon by whom the other injured workers are employed.

The company says it’s focused on making sure that its workers and their families are provided with all possible support and is working to determine whether “protocols were followed during this incident.”

“First and foremost, our priority is to provide any manner of support possible to our valued LPI family, along with their loved-ones. As an active member in the Central Texas community, we take seriously any event that impacts the lives of Central Texans, and we are dedicated to helping our Lochridge-Priest family to move forward. Please pray for us,” said Skip Burch, president of Lochridge-Priest, Inc.
================================
Lochridge-Priest, Inc is a family owned and operated company that has served the Central Texas area for over 50 years. We are the largest provider of residential, commercial and industrial heating and air-conditioning services, as well as, plumbing services in Central Texas. We have recently expanded our electrical and building automation service areas. We have our own engineering team and a sheet metal shop, Advanced Sheet Metal. With over 400 employees, we are dedicated to serving your home, business, and industrial comfort needs. We work as a team to deliver best in class service to our customers.

About

HVAC • Plumbing • Electrical • Building Automation • Refrigeration

categories

Heating, Ventilating & Air Conditioning Service · Plumbing Service · Electrician

Officials release name of construction worker who died in Gatesville explosion

By Emily Hilley-Sierzchula | Herald staff writer
June 27, 2018

UPDATE 2:30 p.m.: Four of the injured construction workers who initially were sent to Baylor Scott & White Medical Center in Temple were transferred to Dell Seton Medical Center at the University of Texas, according to a Seton official on Tuesday.

UDPATE 1:15 p.m.: The general contractor for the expansion at Coryell Memorial Hospital confirmed the construction firm on site during Tuesday's explosion as Lochridge-Priest, of Temple.

A representative from Richardson-based Adolfson & Peterson Construction said a crew from Lochridge-Priest was working on site at the time of the incident near the central utility plant where the explosion occurred.

All 15 injured workers and the one man killed during the incident were employed by Lochridge-Priest. There were no reported injuries to Adolfson & Peterson staff.

A representative from Lochridge-Priest declined to comment.

“Our team is deeply saddened by this tragedy and we are working closely with our partners at Coryell Memorial and Lochridge-Priest to provide support during this time," said Corbett Nichter, president of the Gulf States Region of Adolfson & Peterson. "Our sincere condolences, thoughts and prayers are with the families and friends of those injured and lost.”

___________________________________________________________

Update 11:52 a.m.: Officials released the name of the construction worker who died as Michael Bruggman, 44, of Rogers.

Media outlets are reporting one of the 15 construction workers, Aaron Haveron, was in critical condition Wednesday in Parkland Memorial Hospital in Dallas. He's the pastor of a United Pentecostal Church in Marlin.

Parkland reported one other man injured in the blast was also admitted to the Dallas hospital.

Coryell Memorial Hospital released a phone number, 254-404-2500, for families to reach the hospital.

Ambulance services in Gatesville are running but the emergency room and all other wings of the hospital are still closed. Those in need of emergency services should call 911, and an ambulance can take them to hospitals in Waco or Temple, officials said.

At a press conference at 11:45 a.m., Gatesville Police Chief Nathan Gohlke said "We are focusing the investigation on the debris field in and around the explosion site. We also will be assessing damages to the hospital and nursing home facilities there at that location with full intent of releasing those unaffected portions back to the hospital's control within the very near future."

Structural engineers are at the site today assessing the damage, Gohlke said.

"The outpouring of support for this incident has been incredible, and we certainly want to thank everyone for bringing us food, water toiletries and other needed supplies," Gohlke said.

Gohlke is asking the community to be patient, and wants to bring the hospital and services back on line as soon as possible.

Coryell Memorial Hospital CEO David Byrom said: "I'm surrounded by heroes where I work. It's very impressive."

Byrom described what happened after the blast:

"Probably within five minutes of the event, my staff had that building nearly completely empty. And for the victims of that, our physicians and nurses were already responding, and I had staff that was helping bring folks out of the rubble. They had triage centers set up on the ground. We were working that. "

The triage likely minimized some of the injuries, said, adding, then patients "were transported very rapidly."
Bob Harrell, the Coryell County emergency coordinator, said the hospital's
acute care hospital, emergency room, nursing facility and assisted living
are not open today.
The hospital's home health system and rural health clinic in Goldthwaite are open, he said.
"So our focus is getting those services back on line," he said. "Probably starting with our emergency room, which also means that our lab, radiology departments need to come back online, getting our clinics back open, then certainly focused on bringing our residents home."

Law enforcement from around Central Texas have been busy securing the scene of the explosion as investigators were searching through the rubble Wednesday morning at Coryell Memorial Hospital in Gatesville.

“They’re gathering evidence to find out what happened, and they’re not ready to start cleaning up yet,” said Sgt. David Roberts, Department of Public Safety public information officer, on Wednesday morning.

Roberts said the Gatesville Police Department is taking the lead at the scene and that DPS and other state and federal agencies are in a supporting role.

An explosion ripped through a Coryell Memorial Hospital construction site Tuesday afternoon, killing one and injuring 15 — all construction workers, according to hospital officials. No patients or staff at the hospital were injured. On Tuesday, officials said 12 were injured, but they revised that number to 15 today.

The blast, which was suspected to have been caused by a gas leak, occurred about 2:45 p.m. knocked out power to about 900 homes and businesses in the city and led to the evacuation of the hospital and three on-campus care facilities.

Power was fully restored to the town Tuesday night, with the exception of the hospital, officials said this morning.

Roberts said the investigation will take some time.

“It’s nowhere near the scale of West (fertilizer plant explosion in 2013) but it is still a tragic event so they’ll take their time investigating to ensure they are thorough and come to a proper conclusion,” Roberts said. “The best you can do is support those involved, which is what the Gatesville community is doing.”

Roberts said he saw how the community came together.

“Yesterday I saw a huge outpouring of help by the community,” he said. “People showed up in droves to assist in evacuations and in caretaking roles.”

All patients who were in the hospital were transferred to Goodall-Witcher Hospital in Clifton, according to the Coryell Memorial Hospital Facebook page.

All long-term care and assistant living residents from the Gatesville hospital "have now been placed in the following for temporary care: Hillside Medical Lodge; Lutheran Sunset Ministries, Clifton; and Westview Manor, McGregor,” the post said. “Many of our staff went to join our residents overnight to assist in their care, and provide a source of comfort and consistency.”

“Emergency Medical Services and Coryell Home Health have continued to operate, and DaVita Dialysis will resume treating patients in the morning. The rest of the campus will be closed including; the hospital, Coryell Medical Clinic, and the emergency room (ER),” according to the Facebook page. The dialysis center across the street from the hospital in Gatesville is open, officials said Wednesday.

The Texas State Fire Marshal’s Office is involved in the investigation but could not provide details until after the investigation is over, a spokesman said on Wednesday morning.

“They are there to conduct an origin and cause investigation,” said Jerry Hagins, spokesman with Texas Department of Insurance. The State Fire Marshal’s Office is part of the department.
===============================

Lochridge-Priest to review policies, support employees affected by Gatesville Explosion.  Toolate for Michael Bruggman, who was killed in the massive explosion.

"As an active member in the Central Texas community, we take seriously any event that impacts the lives of Central Texans, and we are dedicated to helping our Lochridge-Priest family to move forward," Lochrich-Preist President Skip Burch said. Unless of course they ask for money.






Author: Brandon Gray
Published: 3:34 PM CDT June 28, 2018
Updated: 4:05 PM CDT June 28, 2018

Lochridge-Priest said they are supporting the families and loved ones of their employees affected by Tuesday’s fatal explosion at Coryell Memorial Hospital in Gatesville, the company announced Thursday.

Lochridge-Preist President Skip Burch said their priority is to provide any manner of support possible to their valued LPI family along with their loved ones.

“As an active member in the Central Texas community, we take seriously any event that impacts the lives of Central Texans, and we are dedicated to helping our Lochridge-Priest family to move forward,” Burch said.

The company went on to say in a press release that moving forward, their decisions will focus on ensuring the irreplaceable members of the company, along with their families, are provided with all possible support. The will continue to be active and engaged in the Central Texas community by providing and organizing resources for those affected by the blast, the company stated.

Lochridge-Priest state the nature of their work at times involves inherent risks, which is why safety their top priority.

Fifteen workers were at the scene of the explosion, six being Lochrich-Priest employees. One of the LPI Employees died and the five others were injured. The other workers injured were not LPI employees, a spokesperson said.

The company is currently reviewing all policies to ensure protocols were followed during this incident and are hopeful the investigation findings will aid them in preventing any future accidents.

Tree worker David Bova, 34, with Mayer Tree Service, killed after he fell 50 feet when his harness that attached to a Grove All-Terrain crane snapped in Rowley, Mass.

ROWLEY, Mass. —

A tree worker died Thursday when his safety equipment failed and he fell 50 feet from a tree in Rowley.

David Bova, 34, of Salem, New Hampshire, was working on a crew from Mayer Tree Service at a home on Main Street.



Bova was in a harness in a tree preparing to remove a branch when the harness snapped, officials said.

Bova was taken to Anna Jacques Hospital, where he was pronounced dead.



=======================

The worker fell from a tree outside this house on Main Street in Rowley. (WBZ-TV)

ROWLEY, Mass. (CBS) – 

A man working for a tree service company fell 50 feet out a tree in Rowley Thursday morning and died.

The 34-year-old from Salem, New Hampshire has been identified as David Bova. He was part of a crew from Mayer Tree Service of Andover, Mass. working at a home on Main Street around 8 a.m.


“The man was in the tree preparing to remove a branch when he suddenly fell from approximately 50 feet up. He was transported to Anna Jacques Hospital where he was pronounced dead,” Carrie Kimball Monahan, a spokesperson for the Essex District Attorney’s Office, said in a statement.

Emergency dispatchers at the scene could be heard talking about a severe head injury.

“While foul play is not suspected, the matter remains under investigation,” Kimball Monahan said.


The man’s name has not been made public.

There has been no comment yet from Mayer Tree Service.

According to Occupational Safety and Health Administration (OSHA) records, the company has had some issues with falls in the past, once in 2008 and again in 2011. An OSHA spokesman told WBZ-TV there were no violations or citations in the 2008 incident. In the 2011 inspection, Mayer was cited for one serious violation with a proposed fine of $4,900. However, the company contested OSHA’s findings and the citation and penalty were dropped.

======================

Mayer Picks Grove All-Terrain Cranes for Capacity Tree Service.

Tree removal companies in the United States choose boom trucks to help remove felled trees. However, Mayer Tree Service, Inc. prefers the additional capacity and reach of Grove all-terrain cranes.

Crane Service provided by Mayer Tree Service, Inc. includes:

• Two (2) 150' Cranes
• One (1) 278' Crane
• Professional Consultations
• Hazardous Tree Evaluation and Removal
• Overhead Line Tree Removal
• Emergency Services

About Our Cranes-From Dan Mayer

Dan Mayer, president of Mayer Tree Service, says that although the all-terrain crane is more expensive than a boom truck, he can complete the work quicker and maximize his revenue.

"Using the Grove all-terrain cranes has really increased our production and we haven't had to increase our manpower," he says. "We are able to do more volume with less manpower, and that's what it's all about." Mayer operates two Grove GMK3055 cranes rated with a 60 USt (55 tons) maximum capacity and a maximum main boom of 141 feet. The size and weight of the loads that Mayer picks depends on factors such as the type of tree, where the tree is cut and the distance the crane is from the pick. The majority of picks are in the 3,000 - 4,000 pounds range, but can go up to 7,000 - 8,000 pounds. With so many variables, Mayer says Grove's higher capacity allows more versatility on job sites.

"Because of the Grove's high tip heights we can pick an entire 70 feet (21 meters) pine tree weighing maybe 6,000 pounds (2.7 tons)," he says. "We'll pick it in one piece. It's a lot safer. The guys on the ground just need to make one cut in the tree. Using a bigger crane lowers our exposure and the number of people we need to have off the ground." The GMK3055 has obvious advantages in terms of reach and lift capacity. But it is a larger machine, so some customers may worry about access and ground pressure.

But Dan Mayer says both of these concerns are unfounded. "Everybody thinks the GMK3055 is a big truck, but the footprint is only 20-feet 6-inches between the outrigger pistons," he says. "That's important because we're often in restricted driveways. Other people look at it being heavy and wonder if I destroy many driveways. But actually I don't because of Grove's MEGATRAK suspension, which transfers weight intelligently."

Mayer also points out that the GMK has wider tires so the load spreads over a wider area. The all-wheel drive and crab steering allow it to maneuver into the tightest spots. In fact, Mayer is quick to note that the three-axle GMK3055 actually has a smaller turning circle than his pick-up truck.

Both GMK3055 cranes were supplied to Mayer through local Manitowoc dealer, Shawmut Equipment Company. Because it is relatively unusual to find all-terrain cranes working in arboreal environments, Mayer maintains close communication with his local dealer and it's a relationship that has developed well.

Mayer says the support and service from Shawmut allow him to work the Grove all-terrain cranes hard - and they consistently perform. "I couldn't say enough good things about Shawmut; they give us just incredible support," he says. "We work in a tough environment and we're putting the crane up sometimes four times a day at four different addresses. Our hours are high and the conditions are harsh, with the wood chips and the dusty environment. But sometimes it's just amazing what we get done in the day; the GMKs impress me all the time." Mayer Tree Service is headquartered in Essex, MA. Company owner, Dan Mayer, started the business 11 years ago. Today Mayer runs eight crews with two crews running the cranes. There are between three and four men per crew and 30 people in total at the company. Dan Mayer is also the current president of the Massachusetts Arborists Association.

The Manitowoc Co., Inc. is one of the world's largest providers of lifting equipment for the global construction industry, including lattice-boom cranes, tower cranes, mobile telescopic cranes, and boom trucks. As a leading manufacturer of ice-cube machines, ice/beverage dispensers, and commercial refrigeration equipment, the company offers the broadest line of cold-focused equipment for the food service industry. In addition, the company is a leading provider of shipbuilding, ship repair, and conversion services for government, military, and commercial customers throughout the US maritime industry.

​NTSB is investigating the passenger vehicle that struck motorcycle in Dumfries, VA on April 12, 2018. The collision occurred between a 2012 Honda Civic car driven by a 47-year old male and a 2006 Yamaha XV1900 CT motorcycle operated by Master Sergeant Jerre S. Thomas II, 57, who died in the crash

Preliminary Report: Highway HWY18FH012

• Accident No: HWY18FH012
• Accident Type: Office of Highway Safety
• Location: Dumfries, VA
• Date: 4/12/2018

​NTSB is investigating the passenger vehicle that struck motorcycle in Dumfries, VA on April 12, 2018.

Executive Summary


The information in this report is preliminary and will be supplemented or corrected during the course of the investigation.

About 8:15 a.m. (local time) on Thursday, April 12, 2018, a two-vehicle collision occurred on northbound Interstate (I-95) near milepost 151.4 in Dumfries, Prince William County, Virginia. In this area, the roadway consists of three travel lanes. The roadway is delineated on the far-right lane with a solid white line and edged with a 11-foot paved shoulder. The far-left lane of the roadway is delineated by a solid yellow line, has a 2-foot paved shoulder which transitions to an 11-foot earthen shoulder. The earthen shoulder is edged by a metal guardrail. On the other side of the far-left guard rail are the high occupancy vehicle (HOV) lanes, which at the time, were selected as northbound travel lanes.[1] The HOV lanes are located between the northbound and southbound lanes. The crash occurred just south of the entrance to the HOV lanes. The posted speed limit is 65 mph.

The collision occurred between a 2012 Honda Civic car driven by a 47-year old male and a 2006 Yamaha XV1900 CT motorcycle operated by a 57-year old male. The motorcycle was traveling in the far-left lane and the car was traveling adjacent to the motorcycle in the center lane. According to a statement provided by the car driver, he did not see the motorcycle before he made a lane change to the left and struck the motorcycle. The motorcycle exited the roadway to the left, went into the shoulder area, struck the guardrail, re-entered the highway, and fell over on its side. The motorcycle operator was transported to Sentara Northern Medical Center with life-threatening injuries and later died. The car driver was not injured.

View of the area of the crash location on northbound I-95 (left photograph) and motorcycle at final rest (right photograph). (Source- Virginia State Police)


The car driver was restrained by the available lap/shoulder belt and the motorcycle operator was wearing a Department of Transportation approved helmet at the time of the crash. The motorcycle operator was on his way from his home in Quantico, Virginia, to work at Fort Belvoir, approximately 24 miles to the north. Reportedly, the motorcycle operator frequently commuted to work on his motorcycle and traveled this identical route on I-95 and would also utilize the HOV lanes. There is no cost for motorcycles to travel on the HOV lanes in this section of I-95.

All aspects of the crash remain under investigation as the NTSB determines the probable cause, with the intent of issuing potential safety recommendations to prevent similar crashes. The NTSB is working alongside the Virginia State Police to compile a complete and accurate account of the crash.

1. HOV lanes are transitioned to northbound lanes from 6:00 a.m. to 9:00 a.m. and then reversed to southbound lanes from 3:30 p.m. to 6:00 p.m. Retrieved from: http://www.virginiadot.org/travel/hov-novasched.asp#I-95 Express Lanes


Probable Cause
The information in this report is preliminary and will be supplemented or corrected during the course of the investigation. 


=======================

Motorcyclist dies after I-95 crash in Prince William Co.



By Sarah Beth Hensley | @SarahBethHens

April 13, 2018



WASHINGTON — A 57-year-old motorcyclist died in a two-vehicle crash on Interstate 95 in Prince William County Thursday, Virginia State Police said.

On Thursday morning, Jerre S. Thomas II — a 57-year-old Quantico, Virginia, resident — was riding a 2006 Yamaha XV1900CT motorcycle on northbound I-95 near mile marker 151 when a 2012 Honda Civic changed lanes and hit the motorcycle, police said. That caused the motorcycle to drive off the roadway.

Thomas attempted to regain control and re-enter the interstate, but the motorcycle fell on its side and Thomas was thrown off it.

Emergency crews transported Thomas to Sentara Northern Virginia Medical Center with life-threatening injuries. He later died from his injuries.

The driver of the Honda was no injured, police said. Charges for the 47-year-old driver are pending.

Virginia State Police are investigating the crash.

====================

Jerre S. Thomas, II

December 11, 1960 ~ April 12, 2018 (age 57)

Obituary
Service Details
Tribute Wall
Flowers & Gifts

Master Sergeant Jerre S. Thomas, II, Retired US Marine Corps, died on April 12, 2018 in Quantico, VA.

Jerre was born December 11, 1960 in York, PA, a son of Jerre S. Thomas and Francine Boyd Thomas Miler. MSgt Thomas was a career Marine Corps Veteran, who served honorably for 20 years. He was a Master Instructor of Photography, and his military career included time at the White House with the Military Press Corp during the Presidencies of George H.W. Bush and Bill Clinton. He retired from active duty 2000 and went to work for the DOD, where he became Chief of Audiovisual Services for the Defense Threat Reduction Agency. He was also a member of the Quantico, VA Town Council.

He is survived by his mother, Francine Miler and his step-father, Edward "Ned" Miler of Summerville, SC; his girlfriend of eight years, Abigail Kohn and her daughter, Esme Anna Kohn of Falls Church, VA; his three children, Allison G. Thomas of Beaufort, SC, Justin W. Calandra (Kelly) of Richmond, VA, and Nathaniel S. Thomas, also of Richmond, VA; three grandchildren, Brianna Christine Leaha Thomas, James Lee Smith, IV, Ian Michael O'Toole Smith, all of Beaufort, SC; sister, Tracy Thomas Mitman (Ed) of Summerton, SC; two nephews, Matthew Mitman of Bowman, SC and James Mitman (Jennifer), and their two sons of Summerville, SC; aunt, Barbara Thomas of York, PA, and her daughter and two granddaughters of New Orleans, LA; step-brothers, Michael Miler of Spring, TX, and Mark Miler (Anna) of Littlestown, PA, and their daughter, Allison Miler of York, PA; and a step-sister, Diana Spencer of Montgomery, TX. Jerre is predeceased by his father, Jerre S. Thomas.

OSHA cited JK Excavating & Utilities Inc. after an employee died in a shoreless trench collapse. OSHA has proposed penalties of $202,201, and placed the company in its Severe Violator Enforcement Program.

June 22, 2018

U.S. Department of Labor Cites Excavating Company
Following Fatal Trench Collapse

LEBANON, OH – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) cited JK Excavating & Utilities Inc. after an employee suffered fatal injuries in a trench collapse. OSHA has proposed penalties of $202,201, and placed the company in its Severe Violator Enforcement Program.

OSHA investigators determined that employees at a residential construction site in Morrow, Ohio, were working in trenches up to 16-feet deep without adequate cave-in protection. OSHA cited the company for failing to use protective systems to prevent a cave-in; implement methods to remove accumulating water; properly use ladders to enter and exit the trench; prevent employees from working beneath a suspended trench box; ensure employees wore hard hats; and make provisions for prompt medical attention in the event of injury.

“A trench can collapse in seconds, burying workers under the weight of thousands of pounds of soil,” said Ken Montgomery, OSHA Cincinnati Area Office Director. “This tragedy was preventable, and could have been avoided if the employer had installed required protective systems to prevent a trench cave-in.”

The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit https://www.osha.gov. 

JK Excavating & Utilities, Inc is a privately held company in Lebanon, OH and is a Single Location business. 
 

Categorized under Excavating Contractors. Our records show it was established in 1987 and incorporated in OH. Current estimates show this company has an annual revenue of 3229394 and employs a staff of approximately 20.

Tens of thousands of crude oil contaminate Doon, Iowa after a BNSF freight train hauling crude oil from Alberta, Canada derailed 33 cars just south of Doon, Iowa.

Doon, Iowa — 

Early Friday morning, June 22, 2018, a freight train hauling crude oil from Alberta, Canada derailed 33 cars just south of Doon.


We had a chance to talk to Amy McBeth who is a BNSF spokesperson on-scene at the derailment site. We asked her if a cause has been determined for the derailment.
She says it is not yet known how much crude oil has leaked into the floodwaters near the mouth of the Little Rock River where it joins the Rock River.

She says they’re not sure how long it will take to clean up the area, repair the track, and get trains running again. She says she knows they’ll certainly be there for the next few days. Trains are being re-routed as much as possible around the area. There were no injuries in the incident, according to McBeth.

Some of the oil has flowed down the Rock River to Rock Valley, where they were already experiencing major flooding issues, according to Rock Valley Mayor Kevin Van Otterloo. The Iowa DNR has instructed Rock Valley to shut down their wells, partially due to the oil spill. Van Otterloo says the City of Rock Valley is currently getting their residential water supply from Rock Valley Rural Water. City officials say there has been no interruption of water service or quality to Rock Valley residents.

Iowa Governor Kim Reynolds toured northwest Iowa on Saturday and issued a disaster proclamation, partially for help needed in derailment cleanup efforts. The proclamation says that reports forwarded to the Iowa Homeland Security and Emergency Management Department indicate response, recovery, and remediation efforts to clear the derailment require the construction of a temporary road to reach the derailed cars. It says Burlington Northern Santa Fe contractors need to complete construction of this temporary road as soon as possible to limit the impact to the public peace, health, and safety of citizens. So the Governor issued a Proclamation of a State of Disaster Emergency.



2nd update posted Jun 22, 2018 at 6:17 p.m.

Doon, Iowa — We’re now hearing from the railroad company about the derailment of the Burlington Northern Sante Fe Railroad train into floodwaters south of Doon Friday morning, and the subsequent oil spill.

BNSF spokesperson Amy McBeth released this statement to KIWA regarding the accident:

“At approximately 4:30 a.m. this morning a freight train hauling crude oil from Alberta, Canada derailed 33 cars just south of Doon, Iowa. Some of the cars were compromised, but the exact number is uncertain at this time. BNSF is working with local authorities on our response to the situation. Our hazardous materials and environmental experts are on the scene and have mobilized response equipment throughout the day. We are containing the oil that was spilled as close to the incident as possible using containment booms and recovering it with skimmers and vacuum trucks. We regret any inconvenience this incident has caused and are working directly with those impacted. There were no injuries reported. Further updates will be provided when available.”

First update posted 12:30 p.m. 6/22/2018:

Doon, Iowa — The derailment of the Burlington Northern Sante Fe Railroad train into floodwaters south of Doon Friday morning has caused a major oil spill.

The tanker cars were loaded with crude oil, which is leaking into the flood waters. Lyon County Sheriff Stewart Vander Stoep says the large oil slick threatens an already difficult flood situation for the downstream city of Rock Valley.


He is not sure how successful they have been in capturing the oil. The Little Rock River flows into the Rock River which is at flood stage in the city of Rock Valley. Vander Stoep says the D-N-R is on site and has staff arriving downstream to monitor the flow of the crude oil plume. In addition to their current attempts to contain the crude oil, Vander Stoep says the railroad is sending a crew in for clean up.

Environmental Program Supervisor and Spencer Field Office Superintendent Kenneth Hessenius says they are monitoring the situation.
e.

Hessenius is also concerned about the plume reaching Rock Valley He says the number of rail cars leaking may not be known for a long time as many of them are partially submerged in the flooded Little Rock River. He says he will know more as time goes by and more information becomes available.

Aerial photos of the oil spill are courtesy of Phil Kooima…………………..

Original post 10:08am 6/22/2018
Doon, Iowa — A derailment on the Burlington Northern Santa Fe Railroad south of Doon has caused mandatory evacuations in the area.
The area of Garfield Avenue between 270th Street (the county line) and 280th Street, south of Doon has been evacuated. Authorities believe the cargo may be crude oil.
Lyon County Sheriff Stewart Vander Stoep tells us the situation as of 9:00 this morning.

He says that the cause is undetermined, but he would guess that it was flood-related. The Sheriff tells us that since the wind was from the north, they didn’t have to evacuate Doon. But he says the smell is “really bad.”
Rock Valley mayor Kevin Van Otterloo says the swift floodwaters have quickly brought some of the oil about seven miles down the Rock River to Rock Valley.
Thanks to Lyon County Sheriff’s Office for the top photo and the one below:
 

THE CORRUPT AND/OR INCOMPETENT FORMER JUDGE MARGARET MCVEIGH CONSPIRED TO VIOLATE HOMEOWNER'S POSSESSORY RIGHTS; ALTHOUGH NO EJECTMENT ACTION WAS FILED BY THE ANTI-TRUST CONSPIRATORS, SHE FORCED A HOMEOWNER OUT OF HIS HOME

 THE CORRUPT AND/OR INCOMPETENT FORMER JUDGE MARGARET MCVEIGH CONSPIRED TO VIOLATE HOMEOWNER'S POSSESSORY RIGHTS; ALTHOUGH NO EJECTMENT ACTION WAS FILED BY THE ANTI-TRUST CONSPIRATORS, SHE FORCED A HOMEOWNER OUT OF HIS HOME

STATE OF NEW JERSEY             Plaintiff,   v. BASILIS N. STEPHANATOS,                                     Defendant

SUPERIOR COURT OF NEW JERSEY LAW DIVISION - BERGEN COUNTY Indictment No. 11-09-00810-I Criminal Action ILLEGAL REMOVAL BY THE PASSAIC COUNTY SHERIFF BECAUSE NO EJECTMENT ACTION WAS FILED

TO:      Passaic County Prosecutor’s Office

 401 Grand Street

 Paterson, New Jersey 07505

 Attn: Assistant Prosecutor Stephen Bollenbach

   Hon. James J. Guida, J.S.C.

   Bergen County Courthouse

   10 Main Street, 4^th Floor

   Hackensack, NJ 07601

THE HON. ARNOLD L. NATALI, JR., P.J.CH. THE PRESIDING JUDGE IN MIDDLESEX COUNTY SAYS THAT TO REMOVE DR. STEPHANATOS FROM HIS RESIDENCE, THE PLAINTIFF MUST HAVE FILED AN EJECTMENT ACTION

Dear Judge Guida:

This letter is not pertaining to the Judgment of Foreclosure.  The attack on the Judgment of Foreclosure is for the Appellate and Supreme Court to review.  In addition, the Office of Foreclosure has re-opened the case F-9241-09 and the Hon. Judge Thomas Laconte will be ruling on the Motion to Vacate the Final Judgment Based on Fraud on the Court. 

This letter pertains to the most important issue in this case, i.e., the illegal ex-parte judgment of possession and the ex-parte writ of possession.  In New Jersey and in all other states, the person that has possession of a property, also has at least 95 percent of the legal rights.  This is the law of property.

REQUEST TO CORRECT THE COURT WRITINGS/OPINIONS/RECORDS

First I want for the Court to correct its writings, rulings and the record to reflect that the reference to “eviction” in this case is not appropriate, as this was not a landlord/tenant case.  This was an ejectment action.  This is a very critical clerical error that must be corrected, as it could result in unfair trial or mistrial.

UNDISPUTABLE FACT

As you know from the facts of this case, Dr. Stephanatos was refusing to leave his residency until he exhausted the appeals.  This is the undeniable fact.

AN ORDER FROM A LAW DIVISION JUDGE FOLLOWING AN EJECTMENT ACTION WAS REQUIRED TO REMOVE DR. STEPHANATOS FROM HIS RESIDENCE

I have been trying to tell you through my briefs that New Jersey law required that American Tax Funding, LLC (ATF) and their lawyer, Robert Del Vecchio, Esq. obtain an order of removal from a Law Division.  You have been refusing to listen.  To that effect, I have been talking to lawyers here in New Jersey for assistance with this very, very, very critical issue.  The lawyers (Wilentz, Goldman, et al and Greenbaum, Rowe, et al) unequivocally stated that this Court is dead wrong.  They provided me with the following document, entitled “Practice Manual, 2017 Edition, Middlesex County Chancery Division, General Equity Part.”  They said that the Practice Manual has been co-authored by the Hon. Arnold L. Natali, Jr., P.J.Ch. the presiding judge in that county and the Hon. Arthur Bergan, JSC.

Page 28, of that manual says the following regarding actions commonly misfiled in the Chancery Division, like what ATF and Robert Del Vecchio did in my case:

Actions Commonly Misfiled in the Chancery Division

1. Ejectment

Ejectment actions, though similar to eviction actions, are intended to remove an occupant from your property when that occupant is not technically a "tenant."  An example is where a property owner has a live-in significant other or family member who refuses to move out of the property when asked to do so.  In these cases, there was never a true landlord-tenant relationship, so to remove the occupant, the plaintiff must file an ejectment action pursuant to N.J.S.A. 2A:35-1 et seq. These are usually heard by the sitting landlord-tenant division judge; however, they are technically a Special Civil Division matter under R. 6:1-2 because monetary damages can be awarded against the occupant.  See Exhibit A. (Note: Rule 6:1-2 (a)(4) was introduced by the Supreme Court in 2012, after the events of June 28, 2011; so, a summary proceeding could not have been filed in 2011, but a full-blown plenary proceeding – which the Sheriff and ATF/Del Vecchio avoided.  This was a huge mistake on their part, as an ejectment action must have been filed).

Exhibit B includes the May 2017 instructions from the Law Division, Special Civil Part entitled: “How to apply for a writ of possession (order to remove an illegal occupier from your property)”. 

Under the instructions on “Who should use this packet”, the Law Division states:

 You may use this packet if you are the owner or proper legal resident of real property and you are being denied the rightful uninterrupted use of the property by person(s) who never had or no longer has permission to remain in the subject premises AND a landlord/tenant relationship DOES NOT exist between you and the person(s) you are seeking to remove.

As you know from the facts of this case, Dr. Stephanatos was refusing to leave his residency until he exhausted the appeals.  This is the undeniable fact.  Therefore, according to the Practice Manual (Exhibit A) and the Law Division packet of instructions (see Exhibit B), to remove him from his residence, ATF, LLC/Robert Del Vecchio, Esq. should have filed an ejectment action with the Passaic County Law Division, Special Civil Part.  But they did not.  Instead, they obtained an ex-parte Writ of Possession FOR UNCONTESTED CASES, WHILE THIS WAS A CONTESTED OCCUPIED PROPERTY WHERE DR. STEPHANATOS WAS REFUSING TO LEAVE.  Even a blind mouse can see the difference between what is required by law and what the sheriff/ATF, LLC/Robert Del Vecchio did.

The ex-parte judgment of possession and writ of possession obtained through a self-certification by Robert Del Vecchio, Esq. has no language that says to remove Dr. Stephanatos from his residence.  Therefore, the Sheriff did not have the authority to remove him by force from his home.  By contrast, the writ documents included in Exhibit B, do include the “removal” language: 

If the defendant(s) fail to vacate the premises on or before the date specified herein, the plaintiff may seek the issuance of a Writ of Possession from the Special Civil Part Office no more than ------ days thereafter, directing the County Sheriff to subsequently remove the defendant(s) within 14 days of the issuance of the Writ of Possession.

In conclusion, Dr. Stephanatos could have been removed only through an ejectment action and only after proper notice and court hearing took place before a Law Division judge.  None of these statutory procedures were followed here.

I also include below a brief prepared attorney MICHAEL D. MIRNE, Esq.  He also states that an ejectment action must be filed in order to remove an occupant who is not a tenant.

BRIEF OF THE LAW OFFICE OF MICHAEL D. MIRNE, L.L.C.

 Ejectments  - In order to remove an occupant who is not a tenant, we must file an Ejectment action

We are frequently asked about the rules regarding Evictions and Ejectments. Both types of actions are used to remove occupants from properties.  But eviction actions are only appropriate in cases where the occupants are tenants. Generally, an occupant will be considered a tenant in any case where there is an agreement (whether written or oral) that the occupant will pay rent for the use of the premises.  In order to remove an occupant who is not a tenant, we must file an Ejectment action. As Ejectment Actions near their lockout dates, some Defendants have resorted to extreme means to remain in their foreclosed houses. In today’s article, we will discuss some of those efforts.

Historically, ejectment actions were cognizable only as plenary hearings in Law Division or in Chancery Division. However, it was clear that the procedural rules of both Divisions, which allow for lengthy and comprehensive pretrial discovery, were not very well suited for matters where there was no issue of title, and where the Plaintiff was not seeking any monetary relief. Consequently, it was brought to the attention of the New Jersey Supreme Court’s Special Civil Part Rules Committee, on which I serve, that there was no Court Rule or Statutory provision that would permit Ejectment Actions to quickly proceed in a Summary manner, while avoiding the usual pitfalls and delays of plenary proceedings.

The Committee ironically turned its attention to a Statute, which was originally designed to assist tenants who were illegally locked out. It was the Forcible Entry and Detainer Act, found in N.J.S.A 2A:39-1, et. seq.  However, since it was clear that actions brought under this section could be used in any matter in which a property was used “without the consent of the party in possession,” the Committee concluded that N.J.S.A. 2A:39-5 was applicable to all matters where an occupant remains in a property without consent of the owner after a demand to vacate.  (NOTE TO JUDGE GUIDA:  I HAVE BEEN TELLING THE COURT THAT THIS IS THE STATUTE TO USE TO REMOVE A PERSON FROM A PROPERTY, BUT YOU HAVE BEEN REFUSING TO LISTEN.  YOU STATED THAT THESE STATUTES ARE APPLICABLE TO TENANTS ONLY.  JUDGE GUIDA YOU ARE WRONG, DEAD WRONG;  YOU MUST REVERSE YOUR ORDERS BECAUSE YOU HAVE THE OBLIGATION TO FOLLOW THE LAW).

Accordingly, in 2012, the Supreme Court of New Jersey introduced Court Rule 6:1-2 (a)(4) to allow the filing of Ejectment Actions as a Summary proceeding before the Special Civil Part of the Court, thus enabling a Plaintiff to secure a Court date within just a few weeks of filing.

Following the 2012 Court Rule Amendment, it has been brought to our attention that some attorneys are erroneously being told that their Ejectment actions must be filed in the Foreclosure Docket. However, there is no such restriction in the old rule or the amended Court Rule. In order to fully address this issue, we must start by examining the treatment of Ejectment Complaints prior to the Court Rule amendment.  In the matter of Chase Manhattan Bank v. Josephson, et. als. 135 N.J. 209 (1994), the New Jersey Supreme Court noted that in order for a purchaser “to gain possession, [he or she] must obtain an order for possession from the Superior Court.” The Court further stated that the Order could be obtained “either in an action for possession pursuant to N.J.S.A. 2A:35-1 or as part of the action to foreclose the mortgage.” [Emphasis added]. Accordingly, while some Ejectments were sought under the foreclosure docket, the vast majority of Ejectment Actions continued as Law Division matters, even in cases where the purpose of the Ejectment was to remove a former owner following a foreclosure action. The use of the Ejectment Complaint to remove occupants following a foreclosure, therefore, continued in Law Division, without much objection until the recent Court Rule change.

However, since the Court Rule change, our office has been asked to quash numerous Motions on behalf of occupants, who have argued that the Ejectment Process following a foreclosure must be conducted under the Foreclosure docket. In the matter of 206 Wynatt, L.L.C. v. Nixon and Lee, et. als., Ocean County Docket Number DC-395-15, the Defendants filed multiple Motions with the Court, first claiming that they were in the process of challenging the foreclosure action, and later claiming (falsely) that an appeal in the New Jersey Appellate Division was pending. When those Motions were not successful, the Sheriff’s office scheduled a lockout date. The Defendants responded by filing an emergent application with the Appellate Division to stay the lockout. The Appellate Court denied the Defendants’ application and allowed the Ejectment to continue. Most importantly, the two appellate judges who reviewed the Defendants’ appeal found no significance in the fact that this Ejectment followed a foreclosure. It was therefore clear that the prior foreclosure could not be used as a reason for removing an Ejectment action from the Special Civil Part.

More recently, in the matter of Revell v. Schmidt, Docket No. MRS-DC-1234-17, the Defendant, who was previously foreclosed upon under Docket No. MRS-F-45240-09, brought an emergent Motion before the Chancery Division, 2 days prior to lockout, arguing that the Foreclosure Docket retains jurisdiction upon foreclosure action, which extends not only to the lender who is the Plaintiff in the Foreclosure action, but also to subsequent purchasers.  The Defendant, through counsel, further argued that the filing of the Ejectment matter in Special Civil Part violated New Jersey’s Entire Controversy Doctrine. As counsel for the Plaintiff in this matter, I noted that the action could have been brought under the original Foreclosure docket, but there was absolutely no requirement that we should do so. Reciting the Court’s logic in Josephson (supra), I pointed out that the Ejectment could proceed as either part of the Foreclosure Docket, or as a separate action in the Law Division (or in this case, the Special Civil Part). After several hours of oral argument, Judge Brennan rendered a decision, in which he ruled in favor of the Plaintiff and allowed the Ejectment action to continue.

Law Office of Michael D. Mirne, L.L.C.

3200 Sunset Ave

Ocean, NJ 07712

Phone: (732) 988-7200 Fax: (732) 776-7444

CONCLUSION

In conclusion, all the Chancery Court Judges and the lawyers I consulted agree that an ejectment action should have been filed to remove Dr. Stephanatos from his residence.

The requirement to apply for an ejectment action (with a full notice, plenary hearing, etc.) fully vindicates Dr. Stephanatos who has been telling this Court that the Law Division Judge decides the removal of persons from residential properties, when the person refuses to leave.  An ex-parte judgment of possession and ex-parte writ did not authorize the sheriff to remove Dr. Stephanatos and were in fact in violation of state criminal statutes: See NJ Rev Stat § 2C:33-11.1 (2013) - Certain actions relevant to evictions, disorderly persons offense that deal specifically with residential real properties.   That statute also states that a Warrant for Removal is required for residential properties.  The Passaic County Sheriff committed a criminal offense in violation of that statute by entering Defendant’s property without a warrant for removal and removing him from his residential premises.

But due to your biases against Dr. Stephanatos, you have been refusing to follow the law. 

The conspirators knew that Dr. Stephanatos “was not going anywhere” (as per the grand jury testimony of Ronald Lucas), yet they failed to follow the clearly established New Jersey Laws regarding Ejectment from a residential property. 

See N.J.S.A. 2A:39-1 Unlawful entry prohibited.

No person shall enter upon or into any real property or estate therein and detain and hold the same, except where entry is given by law, and then only in a peaceable manner. With regard to any real property occupied solely as a residence by the party in possession, such entry shall not be made in any manner without the consent of the party in possession unless the entry and detention is made pursuant to legal process as set out in N.J.S.A. 2A:18-53 et seq., as amended and supplemented

This mandatory procedure was circumvented by the Passaic County Sheriff and the criminal conspirators to their detriment:  they were in fact acting as trespassers.  See Mushback v. Ryerson, 11 N.J.L. 346, 351 (Sup.Ct.1830); Borromeo v. Diflorio, A-3979-07T2, decided August 9, 2009  “[I]n New Jersey it has been the established principle, ․ making lands liable to be sold for the payment of debts, that the right of the sheriff to sell and convey lands, is a mere naked power, so that to render a title under his deed available, every requisite of the law must be shown to have been complied with[.]”  Todd v. Philhower, 24 N.J.L. 796, 800 (E. & A. 1854).  From these authorities, we conclude the requirements in the statute are not merely directory but mandatory, such that the failure to comply with a statutory provision affects subsequent actions.).  

Hopefully, you will follow the Practice Manual and the Law Division packet that instruct very clearly as to the applicable law and proper procedures for removing a person from a residential property, i.e., the filing of an ejectment action in the Law Division.  I expect that you will revise your ruling accordingly and state that Dr. Stephanatos could only have been removed from his residence only after a Law Division judge ordered him to do so and only after a proper notice and hearing.  This would have taken months to complete and would have given the opportunity for Dr. Stephanatos to adjudicate his appeals.  No plenary proceeding ever took place to adjudicate the issue of possession, due to the fraudulent and criminal activities of Robert Del Vecchio, Esq.  See NJ Rev Stat § 2C:33-11.1 (2013).  What you did here is absolutely criminal, unethical and unconscionable.  The government’s behavior raises issues of duress, outrageous government conduct, etc.