Loading...
HomeMy WebLinkAbout03-0917Jeffrey R. Elliott Attorney ID# 38147 Kozloff Stoudt 2640 Westview Drive P.O. Box 6286 Wyomissing, PA 19610 (610) 670-2552 HILLARY D. JOHNSON, Attorneys For: Plaintiffs IN THE COURT OF COMMON PLEAS Plaintiff VS. JAMES DENG and MICHAEL WOL AKOL, Defendants OF CUMBERLAND COUNTY, PENNSYLVANIA : · CIVIL ACTION - LAW 'NO. : : · ASSIGNED TO: JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Telephone: (717) 240-6200 Jeffrey R. Elliott Attorney ID# 38147 Kozloff Stoudt 2640 Westview Drive P.O. Box 6286 Wyomissing, PA 19610 (610) 670-2552 Attorneys For: Plaintiffs HILLARY D. JOHNSON, · IN THE COURT OF COMMON PLEAS Plaintiff VS. JAMES DENG and MICHAEL WOL AKOL, Defendants : OF CUMBERLAND COUNTY, ' PENNSYLVANIA : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED : : ASSIGNED TO: PLAINTIFF'S COMPLAINT 1. The amount in controversy exceeds the jurisdictional amount requiring referral to arbitration under the applicable local rules of court. 2. The Plaintiff, Hillary D. Johnson, is an adult individual residing at 131 East Penn Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant, James Deng, is an adult individual residing at 3610 Brookridge Terrace, Apartment 302, Harrisburg, Dauphin County, Pennsylvania 17109. 4. The Defendant, Michael Wol Akol, is an adult individual residing at 3610 Brookridge Terrace, Apartment 302, Harrisburg, Dauphin County, Pennsylvania 17109. 5. On June 20, 2002, at approximately 12:44 am, Plaintiff, Hillary D. Johnson, was lawfully and properly operating a 1991 Mazda Prot~g6, Vehicle Identification No. JM1BG2260M289646, eastbound on the Ritner Highway heading towards the intersection with Allen Road, Carlisle, Cumberland County, Pennsylvania, and was obvious and conspicuous in driving in the eastbound lane of indicated location. 6. At the aforesaid date, time and place, Defendant, James Deng was operating a certain 1996 Toyota Camry, Vehicle Identification No. JT28G12K2T0358416, owned by Defendant, Michael Wol Akol in a westbound direction on Ritner Highway, and was attempting to turn left and enter Allen Road. 7. The intersection of Ritner Highway and Allen Road, in Defendant's direction of travel, is and was during all relevant time periods controlled by a traffic light, which light was flashing yellow for east and westbound traffic approaching the intersection at the time in question. 8. Defendant was required to proceed with caution at all times material and relevant hereto, including at times when the yellow light on the traffic control device at the intersection in question was flashing. 9. At the aforesaid date, time and place, in an attempt to turn left and onto Allen Road across the left eastbound lane on Ritner Highway and, to "cut the corner" and/or make a "short" left turn, Defendant initiated his left turn movement from the westbound lane of Ritner Highway onto Allen Road traveled into the eastbound lane of travel, without signaling his intentions, and without inspecting the intersection or the eastbound lane of travel for drivers already lawfully on the roadway, traveling in that 2 direction and moving lawfully through the intersection, including Plaintiff, as was his duty to do. 10. Defendant, while making the described left turn and at the point of entry into the intersection and eastbound travel lane already lawfully occupied by Plaintiff, violently caused his vehicle to collide with Plaintiff's vehicle, who, at the time of impact, and immediately prior to impact, was traveling eastbound on Ritner Highway, and was doing so in a lawful, careful, and prudent manner. 11. The aforesaid accident and the injuries, losses and damages suffered and inCurred by the Plaintiff as a result thereof were the sole and direct result of the negligent, careless and/or reckless acts or omissions of the Defendant, James Deng, which consisted of the following: ao Being inattentive; Failing to keep a proper lookout; Failure to afford due regard for the rights, safety, and point and position of the Plaintiff's vehicle on the roadway; d. Operating his motor vehicle at a rate of speed which was excessive under the circumstances then and there existing; e. Failing to have his motor vehicle under proper and adequate control so as to be able to stop and avoid striking the Plaintiff; f. Failing to give adequate and proper notice to Plaintiff of the approach of his vehicle; g. Failing to use required turn signals; h. Failing to yield the right-of-way to Plaintiff's vehicle while operating his vehicle; and 3 i. Failing to properly position his vehicle on the roadway in initiating and attempting to make a left turn in violation of 75 Pa.C.S.A. §3331(b); j. Failing to position and/or operate his vehicle in the proper lane and location on the roadway in attempting to make a left turn in violation of 75 Pa.C.S.A. §3331(b). 12. The limited tort option had been selected for Plaintiff's household members under 75 Pa. C.S. §1705 on the automobile insurance policy applicable to Plaintiff's claims. 13. As a result of the aforesaid collision and the negligence, carelessness and/or recklessness of the Defendant in causing said collision, the injuries suffered by Plaintiff in the motor vehicle collision more specifically described herein have resulted in serious and permanent impairment of body function and permanent serious disfigurement, including but not limited to the following: loss of sensation and feeling in her tongue, and specifically the area at the lower half or end of her tongue; loss of the sense of taste in her tongue; development of a scar tissue "knot" in her mid- tongue area; occult fracture and/or ulnar nerve damage to her hands; permanent scarring to her tongue, face, chin, and lower extremities, including her right knee; some or all of which serious injuries and conditions, as alleged, are or may be permanent in nature and effect. COUNT I HILLARY D. [OHNSON V. IAMEq DENC 14. The Plaintiff, Hillary D. Johnson, incorporates by reference the averments contained in Paragraphs I through 13 as though the same were set forth herein at length. 4 15. Solely and exclusively as a result of the aforesaid collision and the negligence, carelessness and/or recklessness of the Defendant in causing said collision, the Plaintiff, Hillary D. Johnson, sustained serious injuries, some of which may be permanent, which include, but are not limited to, the following: closed head injury; contusion of left hand, occult fracture of the right hand; ulnar nerve damage to left upper extremity; laceration and severing of her tongue requiring forty (40) sutures to repair and attach her tongue (Plaintiff all but bit her tongue off which required extensive surgery to reattach it); lacerations to her chin requiring five (5) sutures to repair (and for which permanent scarring and disfigurement occurred and is evident); lacerations to the area of her nose just above the upper lip, requiring three (3) sutures to repair (and for which permanent scarring and disfigurement occurred and is evident); lacerations to her right knee, requiring at least two sutures to repair (and for which permanent scarring and disfigurement occurred and is evident); other contusions, abrasions; severe shock to her nervous system; extreme mental, emotional and physical pain and anguish; and other injuries to the nerves, muscles, tissues, bones and blood vessels of her body, nervous system and psyche, as a result of which she was rendered sick, sore, lame and disordered. 16. As a further result of the aforesaid collision and the negligence, carelessness and/or recklessness of the Defendant in causing said collision, the Plaintiff, Hillary D. Johnson, has incurred liability for medical bills and expenses for medical treatment for her aforesaid injuries and may be required to continue to spend such sums of money or incur such expenses for medical care and treatment for an indefinite time into the future. 5 17. As a further result of the aforesaid collision and the negligence, carelessness and/or recklessness of the Defendant in causing said collision, Plaintiff, Hillary D. Johnson, was required to undergo medical care and treatment and may be required to undergo additional care and treatment for her aforesaid injuries for an indefinite time into the future. 18. As a further result of the aforesaid collision and the negligence, carelessness and/or recklessness of the Defendant in causing said collision, the Plaintiff, Hillary D. Johnson, may have suffered a loss of earning capacity in an undetermined amount for an undetermined period of time into the future. 19. As a result of this accident, Plaintiff sustained one or more serious impairments of body functions and/or permanent serious disfigurement, as described herein, and as defined by 75 Pa. C.S. §1702. WHEREFORE, the Plaintiff, Hillary D. Johnson, demands judgement in her favor and against the Defendant, James Deng, in an amount in excess of Twenty-Five Thousand Dollars and 00/100 ($25,000.00), together with interest, delay damages pursuant to Pa. R.C.P. 238, costs of suit, reasonable attorney's fees and such other relief as this Court may deem appropriate. _COUNT Il HILLARY D. OHNSON V. MICHAEL WOL AKOL 20. The Plaintiff, Hillary D. Johnson, incorporates by reference Paragraphs 1 through 19, inclusive, of the within Complaint as fully as though the same were set forth herein at length. 6 21. Plaintiff believes and therefore avers that at the time of the aforesaid collision, Defendant, ]ames Deng, was the agent, servant, and/or employee of Defendant, Michael Wol Akol, and was acting in the course and scope of such agency or employment and for the benefit of Defendant, Michael Wol Akol, at all times material and relevant hereto. 22. The aforesaid negligence, carelessness and recklessness of the Defendant, James Deng is imputed to Defendant, Michael Wol Akol by way of the doctrine of respondeat superior and/or vicarious liability. 23. The aforesaid accident and the resultant injuries, losses and damages suffered and incurred by Plaintiff were caused by the negligence and carelessness of the Defendant, Michael Wol Akol, which consisted of the following: a. Negligently entrusting Defendant's vehicle to Defendant, James Deng, when he knew or should have known that Defendant, James Deng, could and/or would operate his vehicle in a careless and negligent manner; b. Supplying inadequate and improper instruction to Defendant, James Deng, as to the rules of th road and the safe and proper operation of his vehicle; and c. Permitting operation of his vehicle by Defendant James Deng without due regard for the rights and safety of others on the roadway, including the Plaintiff; and without due regard for the safety and position of Plaintiff's vehicle on the roadway. 7 24. Solely and exclusively as a result of the aforesaid collision and the negligence, carelessness and/or recklessness of the Defendant in causing said collision, the Plaintiff, Hillary D. Johnson, sustained serious injuries, some of which may be permanent, which include, but are not limited to, the following: closed head injury; contusion of left hand, occult fracture of the right hand; ulnar nerve damage to left upper extremity; lacerations of her tongue requiring forty (40) sutures to repair (Plaintiff all but bit her tongue off and required extensive surgery to reattach it); lacerations to her chin requiring five (5) sutures to repair (and for which permanent scarring and disfigurement occurred and is evident); lacerations to the area of her nose just above the upper lip, requiring three (3) sutures to repair (and for which permanent scarring and disfigurement occurred and is evident); lacerations to her right knee, requiring at least two sutures to repair (and for which permanent scarring and disfigurement occurred and is evident); other contusions, abrasions; severe shock to her nervous system; extreme mental, emotional and physical pain and anguish; and other injuries to the nerves, muscles, tissues, bones and blood vessels of her body, nervous system and psyche, as a result of which she was rendered sick, sore, lame and disordered. 25. As a further result of the aforesaid collision and the negligence, carelessness and/or recklessness of the Defendant in causing said collision, the Plaintiff, Hillary D. Johnson, has incurred liability for medical bills and expenses for medical treatment for her aforesaid injuries and may be required to continue to spend such sums of money or incur such expenses for medical care and treatment for an indefinite time into the future. 8 26. As a further result of the aforesaid collision and the negligence, carelessness and/or recklessness of the Defendant in causing said collision, Plaintiff, Hillary D. Johnson, was required to undergo medical care and treatment and may be required to undergo additional care and treatment for her aforesaid injuries for an indefinite time into the future. 27. As a further result of this accident, Plaintiff sustained one or more serious impairments of body functions and/or permanent serious disfigurement as described herein and defined by 75 Pa.C.S. §1702. WHEREFORE, the Plaintiff, Hillary D. Johnson, demands judgement against the Defendant, Michael Wol Akol, in an amount in excess of Twenty-Five Thousand Dollars and 00/100 ($25,000.00), together with interest, delay damages pursuant to Pa. R.C.P. 238, costs of suit, reasonable attorney's fees and such other relief as this Court may deem to be appropriate. KOZLOFF STOUDT 2640 Westview Dr., P.O. Box 6286 Wyomissing, PA 19610 (610) 670-2552 Jeffrey R. Elliott Attorney ID# 38147 Kozloff Stoudt 2640 Westview Drive' P.O. Box 6286 Wyomissing, PA 19610 (610) 670-2552 HILLARY D. JOHNSON, Attorneys For: Plaintiffs · IN THE COURT OF COMMON PLEAS Plaintiff VS. ]AMES DENG and MICHAEL WOL AKOL, Defendants · OF CUMBERLAND COUNTY, ·PENNSYLVANIA · CIVIL ACTION - LAW · NO. 'JURY TRIAL DEMANDED · ASSIGNED TO: VERIFICATION The undersigned, having read the attached Plaintiff's Complaint, hereby verifies that the attached pleading is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language of the pleading is that of counsel and not of the undersigned. The undersigned verifies that she has read the attached pleading and that it is true and correct to the best of her information and belief. To the extent that the contents of the pleading is that of counsel, the undersigned has relied upon counsel in taking this Verification. This Verification is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated:~?~./~: 20a ~ Hillary I~. Johnson---- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00917 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHNSON HILLARY D VS DENG JAMES ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: DENG JAMES but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On April 1st , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge dep Dauphin County 18.00 9.00 10.00 36.50 .00 73.50 04/01/2003 KOZLOFF STOUDT R~. ~homas Kl~f~ Sheriff of Cumberland County Sworn and subscribed to before me this ~ day of~ ,~l.6W~ A.D. --I ~ P-rothonotar'y t ' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00917 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHNSON HILLARY D VS DENG JAMES ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: AKOL MICHAEL WOL but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On April 1st , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 04/01/2003 KOZLOFF STOUDT Sworn and subscribed to before me this ~7 ~ day of ~ 2~ A.D. Prothonotary t - Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:March 25, 2003 COMPLAINT DENG JAMES to MICHAEL AKOL of the original : JOHNSON HILLARY D vs : AKOL MICHAEL WOL Sheriff's Return No. 0478-T - - -2003 OTHER COUNTY NO. 03 917 at 7:20PM served the within upon by personally handing 1 true attested copy(ies) COMPLAINT and making known to him/her the contents thereof at 3610 BROOKRIDGE TERRACE HARRISBURG, PA 17109-0000 Sworn and subscribed to before me this 26TH d~y'%of MARCH, 2003 PROTHONOTARY So Answers, Sheriff o~o~ By Deputy Sheriff Sheriff's Costs: $36.50 PD 03/06/2003 RCPT NO 176111 K COOK Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:March 25, 2003 COMPLAINT AKOL MICHAEL WOL to DEF of the original : JOHNSON HILLARY D vs : AKOL MICHAEL WOL Sheriff's Return No. 0478-T - - -2003 OTHER COUNTY NO. 03 917 at 7:20PM served the within upon by personally handing 1 true attested copy(les) COMPLAINT and making known to him/her the contents thereof at 3610 BROOKRIDGE TERRACE HARRISBURG, PA 17109-0000 Sworn and subscrib~ to befor~ me this 26TH day o~ .M.~RCH, 2003 PROTHONOTARY So Answers, Sheriff's Costs: $36.50 PD 03/06/2003 RCPT NO 176111 K COOK In The Court of Common Pleas of Cumberland County, Pennsylvania Hillary D.. Johnson VS. J~mes Deng et al SERVE: Michael Wol Akol No. 03-917 civil NOW, March 5, 2003 ., I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Daur~hin' County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service NOW, within ., 20 , at o'clock M. served the upon by handing to a and made known to copy of the original So answers, the contents thereof. Sworn' and subscribed before me this . day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT In The Court of Common Pleas of Cumberland County, Pennsylvania Hillary D. Johnson VS. J~nes Deng et al SERVE: James Den§ No. 03-917 civil Now, March 5, 20o3 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof Dauphin' County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within ,20:.. , at o'clock M. served the upon by handing to and made known to copy of the ori~nal the contents thereof. So answers, Sworn' and subscribed before me this ~ day of ,20 . Sheriffof COunty, PA COSTS SERX~.CE MILEAGE AFFIDAVIT HILLARY D. JOHNSON, Plaintiff, JAMES DENG and MICHAEL W. AKOL, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 03-917 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendants, James Deng and Michael Akol, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. Date: Andrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this ,/~,~day of April, 2003, I hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jeffrey R. Elliott, Esquire KOZLOFF STOUDT 2640 Westview Drive P.O. Box 6286 Wyomissing, PA 19610 Andrew C. Lehman HILLARY D. JOHNSON, Plaintiff, JAMES DENG and MICHAEL W. AKOL, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 03-917 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Hillary D. Johnson, and her attorney, Jeffrey R. Elliott, Esquire KOZLOFF STOUDT 2640 Westview Drive P.O. Box 6286 Wyomissing, PA 19610 YOU ARE HEREBY NOTIFIED that the Answer to Complaint set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Date: Respectfully submitted, NEALON & GOVER, P.C. By: ~. Andrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 HILLARY D. JOHNSON, Plaintiff, JAMES DENG and MICHAEL W. AKOL, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 03-917 CIVIL ACTION - LAW JURY TRIAL DEMANDED 2. 3.-4. ANSWER WITH NEW MATTER Denied pursuant to Pa.R.C.P. 1029(e). Admitted upon information and belief. Denied as stated. However, it is admitted that James Dang is an adult individual. It is further admitted that Michael Akol is an adult individual. However, both Defendants currently reside at 3640 Brookridge Terrace, Apartment 101, Harrisburg, Dauphin County, Pennsylvania 5.-11. Denied as stated. 171O9. However, it is admitted that on June 20, 2002, at approximately 12:44 a.m., at or near the intersection of Ritner Highway and Allen Road in Carlisle, Cumberland County, Pennsylvania, Defendant James Dang was operating a 1996 Toyota Camry, owned by Defendant Michael Akol. At said date, time, and location, the vehicle operated by Defendant Dang came into contact with a 1991 Mazda Prot6g6 operated by Plaintiff, Hillary D. Johnson. The remaining averments contained in said paragraphs are denied pursuant to Pa.R.C.P. 1029(e). 12. Admitted. 13. Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the matter asserted, and proof is demanded at trial. Any remaining averments contained in this paragraph are denied pursuant to Pa.R.C.P. 1029(e). COUNT I Hillary D. Johnson v. James Deng 14. Paragraphs 1 through 13 are incorporated herein by reference thereto as if set forth at length. 15.-19. Denied as after reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the matter asserted, and proof is demanded at trial. Any remaining averments contained in these Paragraphs are denied pursuant to Pa.R.C.P. 1029(e). COUNT II Hillary D. Johnson v. Michael Akol 20. Paragraphs 1 through 19 are incorporated herein by reference thereto as if set forth at length. 21. It is specifically denied that James Deng was the agent, servant, and/or employee of Defendant Michael Akol; it is further denied that Defendant Deng was acting in the course and scope of the agency or employment or for the benefit of Defendant Michael Akol. As such, strict proof is demanded at trial. 22. Denied pursuant to Pa.R.C.P. 1029(e). 23. Said Paragraph and all its subparts are denied pursuant to Pa.R.C.P. 1029(e). 2 24.-27. Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the matter asserted, and proof is demanded at trial. Any remaining Paragraphs are denied pursuant to Pa.R.C.P. 1029(e). 28. averments contained in these NEW MATTER Plaintiff's claims may be barred in whole or in part by operation and application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendants respectfully request judgment in their favor and that the Complaint be dismissed with costs. Date: Respectfully submitted, NEALON & GOVER, P.C. ,drew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 3 VERIFICATION I, JAMES DENG, verify that the statements made in the foregoing ANSWER WITH NEW MATTER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: JAMES DENG VERIFICATION I, MICHAEL W. AKOL, verify that the statements made in the foregoing ANSWER WITH NEW MATTER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: MICHAEL W. AKOL CERTIFICATE OF SERVICE AND NOW, this ,~¢~day of April, 2003, I hereby certify that I have served the foregoing ANSWER WITH NEW MATTER on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jeffrey R. Elliott, Esquire KOZLOFF STOUDT 2640 Westview Drive P.O. Box 6286 Wyomissing, PA 19610 Andrew C. Lehman Jeffrey R. Elliott, Esquire Attorney I.D. No. 38147 Kozloff Stoudt 2640 Westview Drive P. O. Box 6286 Wyornissing, PA 19610 610-670-2552 Attorneys for Plaintiff, Hillary D. Johnson HILLARY D. JOHNSON, VS. JAMES DENG and MICHAEL W. AKOL, Plaintiff · Defendants · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CIVIL TERM NO. 03-917 JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER 28. Denied. The averments contained in Paragraph 28 of Defendants' New Matter are deemed to be conclusions of law to which to no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff demands judgment in her favor and against the Defendants together with costs of suit and any other amounts allowable under the law. DATED: Professional ~F STOUDT iott, Esquire Cor Plaintiff, Hillary D. Johnson Jeffrey R. Elliott, Esquire Attorney I.D. No. 38147 Kozloff Stoudt 2640 Westview Drive P. O. Box 6286 Wyomissing, PA 19610 610-670-2552 Attorneys for Plaintiff, Hillary D. Johnson HILLARY D. JOHNSON, VS. JAMES DENG and MICHAEL W. AKOL, Plaintiff Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL A(~ION - LAW CIVIL TERM NO. 03-917 JURY TRIAL DEMANDED VERIFICATION The undersigned, having read the attached Plaint(~s Answer to Defendants' New Matter, hereby verifies that the attached pleading is based on information which has been gathered by counsel in the course of this lawsuit. The language of the pleading is that of counsel. Furthermore, the matters contained in this pleading are of a procedural nature only among counsel and the court. The undersigned verifies that he has read the attached pleading and that it is true and correct to the best of his information and belief. This Verification is made subject tj~--'n~s of 18 Pa. C.S. Section 4904, relating to unsworn falsification to auth~ _ ~ ) _ --~ Date: ~/~ ~' ~ ~~ 't- / / Je~ I~'Elliott, Esquire 154742.1 Jeffrey R. Elliott, Esquire Attorney I.D. No. 38147 Kozloff Stoudt 2640 Westview Drive P. O. Box 6286 Wyomissing, PA 19610 610-670-2552 HILLARY D. JOHNSON, Attorneys for Plaintiff, Hillary D. Johnson IN THE COURT OF COMMON PLEAS VS. JAMES DENG and MICHAEL W. AKOL, Plaintiff Defen_d_~nts CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CIVIL TERM NO. 03-917 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Jeffrey R. Elliott, Esquire, attorney for Plaintiff, Hillary D. Johnson, certify that on "'~ -~-~ ,2003, a copy of the attached Plaintiff's Answer to Defendants' New Matter was served upon the following party by first class mail, postage prepaid: Andrew C. Lehman, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 Attorneys for Defendants This Certificate is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. KOZLOFF STOUDT iclnal Corporation JA~odysforPlaintiff,HilIaryD. Johnson Jeffrey R. Elliott, Esquire Attorney ID#38147 Kozloff Stoudt 2640 Westview Drive P. O. Box 6286 Wyornissing, PA 19610 610-670-2552 HILLARY D. JOHNSON, Plaintiff . Defendants . VS. JAMEs DENG and MICHAEL W. AKOL, Attorneys for Plaintiff, Hillar!t D. Johnson IN THE COURT OF COMMON PLEAs CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION _ LAW CIVIL TERM NO. 03-9~7 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Jeffrey R. EIliott, Esquire, attorney for Hi/lary Johnson, Plaintiff, certify that on this 7th day of May, 2003, a copy of the attached Noh'ces of Deposition directed to James Deng and Michael Akol Were served Upon the following party by first class mai/, postage prepaid: Andrew C. Lehman, Esquire, Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 Attorney for ]ames Deng and Michael W. Akol This Certificate is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 5/7/03 KOZLOFF STOUDT Jeffrey R. Elliott, Esquire Attorney I.D. No. 38147 Kozloff Stoudt 2640 Westview Drive P. O. Box 6286 Wyomissing, PA 19610 610-670-2552 Attorneys for .Plaintiff,, Hillary D. Johnson HILLARY D. JOHNSON, Plaintiff VS, · JAMES DENG and · MICHAEL W. AKOL, · Defendants · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CIVIL TERM NO. 03-917 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Jeffrey R. Elliott, Esquire, attorney for Plaintiff, Hillary D. Johnson, certify that on .5--/cf' ,2003, a copy of the Plaintiff's Interrogatories Addressed to Defendants (Set No. 1) was served by first class mail, postage prepaid to Andrew C. Lehman, Esquire, Nealon & Gover, 2411 North Front Street, Harrisburg, PA 17110, Attorney for James Deng and Michael W. Akol. This Certificate is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: FF STOUDT J.eff~. _~/d~, Esquire Attorn~ f~r~' Plaintiff, Hillarg D. ]ohnson 14 Jeffrey R. Elliott, Esquire Attorney I.D. No. 38147 Kozloff Stoudt 2640 Westview Drive P. O. Box 6286 Wyomissing, PA 19610 610-670-2552 Attorneys for Plaintiff, Hillary D. Johnson HILLARY D. JOHNSON, VS. JAMES DENG and MICHAEL W. AKOL, Plaintiff · Defendants · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CIVIL TERM NO. 03-917 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Jeffrey R. Elliott, Esquire, attorney for Plaintiff, Hillary D. Johnson, certify that on ~-- ! ~ ,2003, a copy of Plaintiff's Request for Production of Documents Addressed to the Defendants, were served by first class mail, postage prepaid to Andrew C. Lehman, Esquire, Nealon & Gover, 2411 North Front Street, Harrisburg, PA 17110, Attorney for James Deng and Michael W. Akol. This Certificate is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities· KOZLOFF STOUDT Professional Corporation Jeff~.~tt,,~squire ~' Attorney's fo/Plaintiff, Hillary D. Johnson Date: 155550 Jeffrey R. Elliott, Esquire Attorney I.D. #38147 Kozloff Stoudt 2640 Westview Drive P. O. Box 6286 Wyomissing, PA 19610 610-670-2552 Attorneys for Plaintiff, Hillary D. Johnson HILLARY D. JOHNSON, IN THE COURT OF COMMON PLEA---~- Plaintiff JAMES DENG and MICHAEL W. AKOL, Defendant CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-917 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Jeffrey R. Elliott, Esquire, attorney for Plaintiff, Hillary D. Johnson, certify that on ~OdI 1~ 2003, a copy of the Plaintiff, Hillary D. Johnson's Response to D · efendants Request for Production of Documents was served upon the following party by first class mail, postage prepaid: Andrew C. Lehman, Esquire, 2411 North Front Street, Harrisburg, PA 17110 This Certificate is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. KOZLOFF STOUDT ~ofessional Corporation squire ,4ttorneys~r Plaintiff, Hillary D. Johnson Jeffrey R. Elliott, Esquire Attorney ID#38147 Kozloff Stoudt 2640 Westview Drive P. O. Box 6286 Wyomissing, PA 19610 610-670-2552 Attorneys for Plaintiff, Hillary D. Johnson HILLARY D. JOHNSON, Plaintiff JAMES DENG and ' MICHAEL W. AKOL, ' Defendants · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CIVIL TERM NO. 03-917 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Jeffrey R. Elliott, Esquire, attorney for Hillary Johnson, Plaintiff, certify that on this 23ra day of May, 2003, a copy of the attached Notice of Deposition directed to James Deng was served upon the following party by first class mail, postage prepaid: Andrew C. Lehman, Esquire, Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 Attorney for James Deng and Michael W. Akol This Certificate is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 5/23/03 /'~y .~lliott, Esquire y for Defendant Jeffrey R. Elliott, Esquire Attorney ID#38147 Kozloff Stoudt 2640 Westview Drive P. O. Box 6286 Wyomissing, PA 19610 610-670-2552 Attorneys for Plaintiff, Hillary D. Johnson HILLARY D. JOHNSON, Plaintiff JAMES DENG and · MICHAEL W. AKOL, · Defendants · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CIVIL TERM NO. 03-917 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Jeffrey R. Elliott, Esquire, attorney for Hillary Johnson, Plaintiff, certify that on this 23ra day of May, 2003, a copy of the attached Notice of Deposition directed to Michael Akol was served upon the following party by first class mail, postage prepaid: Andrew C. Lehman, Esquire, Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 Attorney for James Deng and Michael W. Akol This Certificate is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 5/23/03 ~C~F~STOUDT I)OC #1551~7.2 Jeffrey R. Elliott, Esquire Attorney I.D. #38147 Kozloff Stoudt 2640 Westview Drive P. O. Box 6286 Wyomissing, PA 19610 610-670-2552 Attorneys for Plaintiff,, Hillary D. Johnson HILLARY D. JOHNSON, Plaintiff VS. JAMES DENG and MICHAEL W. : AKOL, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-917 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Jeffrey R. Elliott, Esquire, attorney for Plaintiff, Hillary D. Johnson, certify that on · 2003, a copy of the Plaintiff, Hillary D. Johnson's Answers to Defendant's Interrogatories were served upon the following party by first class mail, postage prepaid: Andrew C. Lehman, Esquire, 2411 North Front Street, Harrisburg, PA 17110 This Certificate is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. KOZLO. FF STgUDT . ~r Plaintiff, Hillary D. Johnson 13 HILLARY D. JOHNSON, Plaintiff, JAMES DENG and MICHAELW. AKOL, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 03-917 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action settled, satisfied, and discontinued. Respectfully submitted, KOZLOFF STOUDT 2640 We,s'tCcCw Drive P.O. Box 6286 Wyomissing, PA 19610 Date: (~/~¢/~