Oilfield worker Shawn Huber,36, employed by Kuukpik Drilling, a contractor for Hilcorp Alaska, died after he was struck by heavy drilling pipeat the Innovation 1 drill rig at Milne Point Oil Field

The North Slope Borough Police Department on Thursday released the name of the 36-year-old man who died last week at a North Slope oil field, and said a preliminary investigation has determined an “equipment accident" was to blame.


Shawn Huber was pronounced dead at 3:40 a.m. Friday after the incident at the Milne Point oil field, the agency said. His death is the first workplace fatality on North Slope oil fields since 2012, according to the state Labor Department.


Huber worked for Kuukpik Drilling, a contractor for Hilcorp Alaska, the field’s operator.


The companies have declined to provide details of what happened, citing an ongoing investigation by regulatory agencies and the companies.


Kuukpik Drilling on Thursday afternoon confirmed Huber had died, after previously not releasing a name. The company said Huber worked as a floorhand. He’s been with the company since July 2016, also serving as driller and toolpusher.


“Given the ongoing investigation, that is all is all I’m at liberty to confirm right now,” said Kenny Overvold, Kuukpik Drilling general manager.


Huber listed his address in Wasilla, public records show.


The chair of the Alaska Oil and Gas Conservation Commission, Hollis French, said Tuesday that a Hilcorp executive reported that the death involved a “pipe mishandling incident," with the worker struck by heavy drilling pipe.


A Gofundme page in Huber’s name has raised more than $100,000 to help cover funeral and other family expenses. It says Huber leaves behind a wife and three children.


Huber died at the Innovation 1 drill rig, Jeffrey Brown, borough police chief, said by email.


Rescue workers responded to a report of an injured and unresponsive worker but could not revive Huber. “The preliminary investigation shows the death is attributed to an equipment accident,” Brown said.



The police department’s investigation remains open as it awaits autopsy results from the state medical examiner, Brown said.


“The North Slope Borough Police Department extends its condolences to the family and friends of Mr. Huber,” he said.


The Alaska Occupational Safety and Health office is also investigating the incident. The AOGCC will review details of the investigation.

 

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

ANCHORAGE, Alaska (AP) — 

Authorities have identified the Alaska worker killed last week at a North Slope oil field.


The Anchorage Daily News reports 36-year-old Shawn Huber died early Dec. 7 at Milne Point in what the North Slope Borough Police Department says was an "equipment accident."


Huber was employed by Kuukpik Drilling, a contractor for Hilcorp Alaska. Public records list a Wasilla address for Huber.


Kuukpik Drilling and Hilcorp did not immediately respond to the newspaper's requests for comment Thursday.


Borough police chief Jeffrey Brown says Huber died at the Innovation 1 drill rig.


He says the state medical examiner is conducting an autopsy and the police department's investigation remains open.


The Alaska Occupational Safety and Health office is also investigating the death.

Kenneth Martin Eder, 65, of Carthage was crushed the death when pressed particle boards released and fell on top of him at Norfolk Southern’s Spencer Yard

By WBTV Web Staff | December 15, 2018

SPENCER, NC (WBTV) - A contractor died in an industrial accident in Rowan County Saturday.

A contractor who was working at Norfolk Southern’s Spencer Yard on Saturday was fatally injured when pressed particle boards released and fell on top of him, according to Norfolk Southern.

The individual was standing on a freight car that contained steel plates.

A train was not approaching or involved in the incident, according to Norfolk Southern.

The accident occurred about 11:30 a.m.

It happened near, but not on property of the North Carolina Transportation Museum and didn’t involve NCTM equipment.

The man was pronounced dead at the scene.

The victim in the case has now been identified as Kenneth Martin Eder, 65, of Carthage. Funeral services will be 2:00 pm Thursday in the International Building at Ederville.

Construction worker Chadwick Adam Brown, 45, a a foreman with All American Concrete, was crushed to death by a construction crane at the Twin Dolphin Marina in Bradenton, Florida.

December 13, 2018

Bradenton, FL



A 45-year-old construction worker was killed Thursday morning after a crane collapsed, pinning him underneath it at the Twin Dolphin Marina in downtown Bradenton.

Bradenton police officers, who were working outside their headquarters across the street from the marina, heard the crane and saw it fall and ran to the scene just before 9:30 a.m., according to Capt. Brian Thiers, who was among the officers.


“One of the workers was drilling into the pilings and they saw the crane start to go,” Thiers said.

Chadwick Adam Brown, who was not operating the crane, tried to get out of the way, but he was pinned underneath.

At least 30 to 40 construction workers, including those from the nearby project at the South Florida Museum, police officers and others, were able to lift the crane and free Brown. He fell into the water and was pulled out. Police began CPR until the Bradenton Fire Department and paramedics arrived.

Brown’s injuries were too severe, however, and he died shortly after on the dock.

Another construction worker was injured, not during the collapse, but during the attempts to save Brown. He was taken by paramedics to a local hospital to be treated.


“It appears as though the crane snapped,” Bradenton Police Chief Melanie Bevan later said during a media briefing. “it clearly was a horrific accident.”

Bradenton police are handling the initial death investigation, which has already been preliminarily ruled an accident, according to Bevan.

Officers and construction workers at the scene were visibly distraught. One construction worker was sitting crying as he was comforted by another worker when paramedics were working to save their coworker.

The $5.2 million renovation and expansion of the city-owned Twin Dolphin Marina has been underway for several months. The project has been partially funded by a $1.3 milion grant the city received through Florida Fish & Wildlife’s boating infrastructure grant program.

“We are deeply saddened by the horrific accident that claimed a man’s life this morning at Twin Dolphin Marina. All of us at the city of Bradenton extend our condolences to the victim’s family and friends, as well as to his co-workers who were on the scene.,” Mayor Wayne Poston said in an issued statement. “The heroic efforts of officers from the Bradenton Police Department, Bradenton Fire Rescue and dozens of workers and civilians who rushed in to help should be acknowledged. Our ongoing prayers are with the victim’s family at this most painful time.”


The marina is operated by Hugh Miller, the owner of the adjacent Pier 22 restaurant, who has had a long-term lease with the city and is funding the remainder of the project.

“We are deeply saddened by the tragic loss of an endeared employee of the general contractor working on the Twin Dolphin Marina Construction Project,” Miller said in an issued statement. “Our hearts and prayers go out to the family, co-workers and friends.”

The Occupational Safety and Health Administration and Florida Department of Environmental Protection State Watch Office have been notified of the accident. An OSHA inspector later arrived on scene and was taking photos of the crane.

Brown, of St. Petersburg, was a foreman with All American Concrete, based out off Largo, which has been contracted for the project at Twin Dolphin. He was married with children.

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

Authorities say a construction worker was killed and another worker injured when a crane toppled at a marina on Florida’s Gulf Coast.

Other construction workers attempted to free the trapped employee Thursday when he became caught under the construction crane at the Twin Dolphin Marina in Bradenton, Florida.



Rescue workers freed him but he died a short time later.

The Sarasota Herald-Tribune reports another worker was injured but the injuries weren’t life-threatening.

MAJOR SCANDAL REGARDING THE VIOLATION OF THE STATE’S TENANCY LAWS BY THE CLERK OF THE SUPERIOR COURT OF NEW JERSEY AND THE OFFICE OF FORECLOSURE.

MAJOR BOMBSHELL UNCOVERED BY METROFORENSICS: New Jersey's Office of Foreclosure has either negligently or intentionally violated a number of state tenancy laws and coersed the Superior Court Clerk into issuing illegal eviction orders

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December 15, 2018

RE: MAJOR SCANDAL REGARDING THE VIOLATION OF THE STATE’S TENANCY LAWS BY THE CLERK OF THE SUPERIOR COURT OF NEW JERSEY AND THE OFFICE OF FORECLOSURE. 

DID SVEN PFAHLERT COLLUDE WITH CREDITOR LAWYERS TO VIOLATE PEOPLE’S POSSESSORY RIGHTS?

Dear Legislators and Justices:

It has been reported in the media (see excerpts below) that the Office of Foreclosure has either negligently or intentionally violated a number of state tenancy laws by:
 

1.      Entering ex-parte writs of possession the same day as a judgment for possession in violation of N.J.S.A. 2A:18-57;
2.      Entering ex parte writs of possession without the requisite notice for demand to quit in violation of 2A:18-61.2 and/or NJSA 2A:18-53 (addressing the removal of tenant at sufferance)
3.      Entering an ex-parte judgment for possession without receiving a proof of notice to quit that is prerequisite to judgment (See N.J.S.A. 2A:18-56);
4.      Accepting as true the self-certifications of bank attorneys that a residential property occupier had no possessory rights when according to state case law these people are tenant-at-sufferance, protected by the Summary Dispossess Act, N.J.S. 2A:18-53 (See the definition of tenant found in NJSA 46A:14-1, stating that a tenant-at-sufferance is included in the definition of a tenant)

THE NEW JERSEY SUPREME COURT HAS RULED THAT EX-PARTE JUDGMENTS OF POSSESSION ISSUED WITHOUT A STATE STATUTE-REQUIRED DEMAND TO QUIT AND NOTICE OF AN EVICTION HEARING ARE ILLEGAL AND VOID. EVEN IF THE JUDGMENT HAD BEEN ENTERED LAWFULLY (IT WAS NOT), THE CLERK HAD NO JURISDICTION TO ISSUE THE WARRANT OF REMOVAL THE SAME DAY THE JUDGMENT WAS ENTERED.

On June 15 the Housing Authority's counsel wrote to the court clerk, ex parte, and enclosed an affidavit which stated that the tenants had failed and neglected to comply with the terms of the settlement. He requested that a judgment for possession be entered and a warrant of removal issued. On June 16, without notice to the tenants, a judgment for possession was entered and that same day a warrant of removal issued.

It is clear that the judgment for possession entered on June 16 was invalid. The court's order dated April 28 which memorialized the terms of the settlement did not fix a time within which the back rent had to be paid. Obviously a reasonable time was intended. However, the Housing Authority, although it concluded that there had been a failure to comply with the terms of the settlement, should not have applied ex parte for entry of a judgment for possession on that ground, and the clerk should not have entered judgment without giving the tenants an opportunity to be heard. R. 6:6-3(b). Even if the judgment had been entered lawfully (we hold it was not), the clerk had no *316 jurisdiction to issue the warrant of removal the same day the judgment was entered. N.J.S.A. 2A:18-57 provides that in summary dispossess proceedings "[n]o warrant of removal shall issue until the expiration of 3 days after entry of judgment for possession."

Since the June 16 judgment was illegal and void, the tenants' motion to vacate that judgment and quash the warrant of removal, heard on October 6, should have been granted on jurisdictional grounds. Mrs. Hayward's appeal from that ruling was timely and should not have been dismissed by the Appellate Division.

*317 Accordingly, we set aside the dismissal, reinstate the appeal and, having considered the merits, reverse the October 6 ruling of the trial court and direct that court to vacate the judgment for possession and warrant of removal, and dismiss the complaint.

HOUSING AUTHORITY OF CITY OF WILDWOOD v. Hayward, et al., 406 A.2d 1318, 81 N.J. 311 (1979)

It is apparent that lawyers for the banks and other creditors have been colluding with the office of foreclosure lawyers to violate the tenancy laws of the state.  THIS IS A MAJOR SCANDAL AND/OR CORRUPTION IN THE STATE'S JUDICIARY BRANCH.

The State’s own law revision commission states the following:

Since enactment of the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 et seq., the Summary Dispossess Act has been understood to cover the eviction of nonresidential tenants and residential tenants not covered by the Anti-Eviction Act.  Source: STATE OF NEW JERSEY, NEW JERSEY LAW REVISION COMMISSION, Final Report Relating to Landlord and Tenant Law, February 10, 2012.

This tenancy at sufferance is included in the definition of tenant in the New Jersey statutes: "Tenant" includes, but is not limited to, a lessee or tenant at will or at sufferance or for any duration, or any subtenants, assigns, or legal representatives of the lessee or tenant. Title 46A – Landlord and tenant law. Article 5, eviction, chapter 14, eviction generally.  46A:14-1: Tenant, landlord, residential rental premises; what is included.

Here is some of the case law of New Jersey:

Under New Jersey law, "[a] purchaser at a mortgage foreclosure sale obtains the legal right to possession of land purchased as soon as he obtains a deed from the selling officer." 30 New Jersey Practice, Law of Mortgages § 373. The mortgagor's continued possession of the property after such time is that of a tenant at sufferance. See Caruso v. Hunt, 69 N.J.Super. 447, 452, 174 A.2d 381 (Ch.Div. 1961) (quoting 2 C.J.S. Adverse Possession § 105, page 659) ("The owner's continued possession after sale of the property at execution, judicial, or like sale is that of a tenant at sufferance of the purchaser”). In Re St. Clair, 251 B.R. 660 (D.N.J. 2000).  We have found that a tenant at sufferance is "'one who comes into possession of land by lawful title, usually by virtue of a lease for a definite period, and after the expiration of the period of the lease holds over without any fresh leave from the owner.'" Xerox Corp. v. Listmark Computer Sys., 142 N.J. Super. 232, 240 (App. Div. 1976) (citing Standard Realty Co. v. Gates, 99 N.J. Eq. 271, 275 (Ch. 1926)).  WA GOLF COMPANY, LLC v. ARMORED, INC, Appellate Division, August 6, 2014.

 

To remove a tenant at sufferance, the statutory procedures provided under the Summary Dispossess Act, N.J.S. 2A:18-53 et seq. must be followed.  However, the lawyers for the creditors failed to follow these procedures and therefore, the tenants-at-sufferance due process rights established by the above state laws were violated.

The Office of Foreclosure and the Clerk have been refusing to respond;  that is why we are asking for your intervention and investigation into these illegalities.

The Summary Dispossess Act, N.J.S. 2A:18-53 et seq. requires proof of notice to quit prior to entering a judgment for possession.

2A:18-56. Proof of notice to quit prerequisite to judgment

No judgment for possession in cases specified in paragraph "a." of section 2A:18-53 of this Title shall be ordered unless:

a.            The tenancy, if a tenancy at will or from year to year, has been terminated by the giving of 3 months' notice to quit, which notice shall be deemed to be sufficient; or

b.            The tenancy, if a tenancy from month to month, has been terminated by the giving of 1 month's notice to quit, which notice shall be deemed to be sufficient; or

c.            The tenancy, if for a term other than at will, from year to year, or from month to month, has been terminated by the giving of one term's notice to quit, which notice shall be deemed to be sufficient; and

d.            It shall be shown to the satisfaction of the court by due proof that the notice herein required has been given.



In addition to the New Jersey, we also cite the law of the State of Virginia.  All other states have identical procedures. 

Evictions and Unlawful Detainers in VA

House Bill 311 codifies certain roles and procedures during unlawful detainer matters:

1.            A former owner of a single-family residential dwelling unit who remains in the property after foreclosure is now defined as a tenant at sufferance.
2.            A successor owner has the right to file an unlawful detainer action three days after giving the tenant written termination notice.

The Virginia law is identical to the one New Jersey has. Almost every other state has similar procedures.  The Clerk and the Office of Foreclosure have been negligently or intentionally colluding with the lawyers for the creditors to violate the due process rights of tenants - and as is typical, the New Jersey Supreme Court is asleep at the wheel.

ALERT REGARDING MR. PFAHLERT

CONFLICT OF INTEREST OF SVEN PFAHLERT IN ISSUING OPINIONS ON FORECLOSURE MATTERS

What your Office of Foreclosure did was to then believe Mr. Sven Pfahlert’s (a former private law firm employee with Honig & Greenberg, L.L.C. – these are the people who have been attacking the homeowners and now he works for the State of New Jersey- THIS IS A HUGE RED FLAG) incorrect and illegal advice and enter an ex-parte judgment for possession without the prerequisite notices.  You then entered the very same day an ex-parte writ for possession again in violation of the state statutes requiring notice to quit or vacate.  You also violated state law that says you cannot enter a writ the same day you entered a judgment.  To make matters worse, the judgment was entered by judges in Mercer County who had neither personal nor subject matter jurisdiction over the homeowner or the property.

These deceptive and unlawful practices by these convicted Anti-Trust Conspirators have been criticized by the state of New Jersey and the Public Advocate Division.  See for example the following excerpt from the “Toolkit for Tenants Living in Foreclosed Properties”, published by the Department of the Public Advocate, Trenton, NJ 08625, dated March 2010:

Courts and Sheriffs.  In addition to owners and those who work for them, the courts and sheriff officers sometimes mistakenly target protected tenants during the foreclosure process. The writs of execution and final foreclosure judgments are drafted by the attorneys for the lenders. The attorneys sometimes use language in court papers that cause problems because it seems to cover tenants (for example, “and any and all persons occupying said premises”). Other times attorneys specifically name tenants and certify (swear to the court) that those tenants are not covered by the Anti-Eviction Act.  This is especially problematic because tenants often do not have the opportunity to demonstrate that they are in fact legitimate tenants until after the removal has already been ordered by the court and scheduled by the sheriff. If a court order specifically names a tenant to be removed, the sheriff must evict that person. Sometimes, however, sheriffs read the language in the order and believe that they must evict everyone. Also, some notices that sheriffs create and post on property include language, such as “occupants” instead of “owners,” that appears to include tenants. The Attorney General distributed a memo to sheriffs regarding the rights of tenants living in foreclosed properties.

I LOOK FORWARD HEARING FROM YOU REGARDING THESE STATE LAW VIOLATIONS AND THE CONFLICTS OF INTEREST REGARDING MR. PFAHLERT

I hereby certify under penalty of perjury that the foregoing statements made by me are true and correct.  I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. NJ Court Rule R. 1:4-4(b); 28 U.S.C. §1746.



Respectfully Submitted,


Mark Kaplan, Esq.