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THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF

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WASHINGTON
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3 Margaret Bozgoz, as Personal Representative of No.: 3:17-CV-05832


the Estate of Evalani A. Yockman and Attorney-in
Fact for Elda Yockman COMPLAINT FOR BAD FAITH,
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DISCRIMINATION, CONSTITUTIONAL
Elda Yockman RIGHTS VIOLATION (1964), FIRST
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Beneficiary/Daughter AMENDMENT RIGHTS, ADA, ADAAA, DUE
Plaintiffs, PROCESS UNDER TITLE II, III, 42 SECTION
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vs. 126, and HIPAA, etc, FDCPA, AND RICO ACT
YOUSSEF ESSAKHI and JANE DOE ESSAKHI, VIOLATION
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husband and wife,
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ROY A. UMLAUF, JEFFREY T. KESTLE, &
9 LESLEY FLEMING of
Forsberg & Umlauf
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LIFE TRANSPORTATION INC., Washington KINGCAST/MORTGAGE MOVIES
11 Corporation,
Judge Rumbaugh hates cameras in his
ZURICH AMERICA INSURANCE Courtroom, in direct contravention of Pierce
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Insurance Co to Life Transportation County Judge of the Year Frank Cuthbertson,
Rep: DARYLL JOHNSTON and ATTORNEY A black man.
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WILLIAM OBRIEN
What a coincidence.
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STANELY RUMBAUGH
Pierce County Judge A minority favors Open Courts, go figure.
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Shady Jurists Choose Silence.
16 CAROL FREDERICK
Pierce County Court Reporter
17
SHAUN LINSE
18 Pierce County Court Reporter

19
MERRI REAGAN
20 Pierce County Court Clerk

21 PETER ANGELO LAW FIRM


Plaintiffs Former Attorney
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BRUCE WOLF
23 Plaintiffs Former Attorney
Defendants
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I
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Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
INTRODUCTION
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1. Margaret Bozgoz, Pro-Se litigant and Attorney in Fact for Elda Yockman and Elda
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3 Yockman, bring this action in an effort to protect their constitutional rights

4 2. Plaintiff Margaret Bozgoz is the duly appointed Personal Representative of: (a)

5 the Estate of Evalani A. Yockman and (b) Attorney in Fact for the Sole Beneficiary, Elda

6 Yockman, having been appointed Personal Representative of the Estate by Order of the Pierce
7 County Superior Court (Exhibit, 1, POA).
8
3. Evalani A. Yockman was a Native Hawaiian, Disabled Civilian who is survived
9
by one child, Elda Yockman who also falls under the American with Disability Act (ADA),
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hence, why she appointed Margaret Bozgoz as her Attorney-in-Fact because speaking about her
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mother's death triggers her silent scars/disabilities.
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4. The decedent, Evalani A. Yockman, and Elda Yockman was/is, at all times
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material hereto, a resident of Pierce County, State of Washington.
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15 5. Margaret Bozgoz is a retired Army LT Colonel who was born in Pierce County

16 and currently resides on a Federal Military Installation at Fort Meade, Maryland.

17 6. The Plaintiffs (Margaret Bozgoz and Elda Yockman) fall under "common law".

18 7. The Defendants, Youssef Essakhi, Jane Doe, husband and wife, Lesley Fleming,

19 Roy Umlauf, Jeffrey T. Kestle of Forsberg & Umlauf, Judge Stanley Rumbaugh, Court Clerk,
20 Merri Reagan, Zurich American Insurance Co, Life Transportation, Plaintiffs Ex-Attorney, Bruce
21
Wolf, Court Reporters, Carol Frederick, and Shaun Linse are, and at all times material hereto
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were/are, residents of Pierce County, State of Washington. However, Peter Angelo, Plaintiff's Ex-
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Attorney, operates in Baltimore, Maryland.
24

25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
8. All acts performed by the above-listed defendants, were performed on behalf and
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for the benefit of the individual, the Pierce County Court and/or during the course of
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3 employment for Forsberg & Umlauf, Life Transportation Inc., and, Zurich and Peter Angelos

4 Law Firm, therefore, vicariously each individual and/or, the Pierce County Court, Forsberg &

5 Umlauf, Life Transportation, Inc., Zurich American Insurance, and/or Peter Angelos Law firm

6 is/are liable for the acts of defendants.


7 9. The incidents [of Federal Question] giving rise to these causes of action occurred
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in Pierce County, State of Washington.
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10. Also, Federal law [Anti-discrimination law] states Federal Interest Claims that
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involved protected groups such as Native Hawaiian, Disabled, Veterans and Minority Females
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are a priority especially when defendants willfully and intentionally discriminate.
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11. It is by Federal Law itself which gives the Plaintiffs, Margaret Sue Bozgoz and
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Elda Yockman relief.
14

15 II.
JURISDICTION AND VENUE
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12. The Federal Court of Washington has jurisdiction over this matter pursuant to 28
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U.S.C 1331 and 2201 and pursuant to 28 U.S.C. 1391 (b) (2) and 1391.
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III.
19 FACTS
20 13. On November 5, 2013, E. Yockman was living at the home of her daughter, Elda
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Yockman, in Steilacoom, Washington.
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14 On November 5, 2013, E. Yockman, by and through Pierce County Paratransit
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retained the defendants Essakhi and Life Transportation to transport her from DaVita Dialysis in
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Lakewood, Washington to her home in Steilacoom, Washington.
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Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
15. By and through Washington State, Pierce County Para-Transit placed a Lien on
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Zurich, Insurance Inc who insures Life Transportation. The Lien was due to E. Yockman's
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3 injuries and medical bills

4 16. Essakhi, or another driver employed by Life Transportation, picked up E.

5 Yockman at DaVita Dialysis in a cabulance owned and operated by Life Transportation and

6 insured by Zurich, Insurance, Inc.


7 17. Essakhi, or some other driver employed by Life Transportation, failed to secure E.
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Yockman's wheelchair to the floor of the cabulance and/or to secure E. Yockman to the
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wheelchair and/or to set the breaks of the wheelchair.
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18. While speeding and negotiating around a curb, the wheelchair flipped up and into
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the air causing E. Yockman to fly backwards and onto her head. As a result, E. Yockman heard
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her neck snap and sustained numerous serious and permanent injuries, including, but not limited
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to, contusions to her face, scalp, and neck and a fracture of her seventh cervical vertebrae
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15 (Exhibit 2, WA State Treatment Ref: Broken Neck) .

16 19. E. Yockman asked Essakhi, or another driver employed by Life Transportation to

17 not touch her and to call 911.

18 20. Essakhi, or another driver employed by Life Transportation ignored E Yockman's

19 request to call 911, but chose to ignore her and his mandatory training as a professional para
20 trans driver and pick her up from the floor, sat her onto a chair, wiped the blood from her face
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then placed her into her chair as he ignored her cries for help.
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21. E. Yockman asked Essakhi, or another driver employed by Life Transportation to
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take her to a fire station that was located across the street.
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25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
22. Essakhi, or another driver employed by Life Transportation ignored E Yockman's
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request to take her to the fire department and ignore his professional training as a partrans driver
2

3 and continue to drive her 45 minutes home.

4 23. E. Yockman demanded that Essakhi, or another driver employed by Life

5 Transportation to stop and take her to St. Claire hospital which they passed.

6 24. Essakhi, or another driver employed by Life Transportation ignored E Yockman's


7 request to take her to the hospital but chose to continue to drive her home.
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25. Upon arrival at E. Yockman home and approximately 45 minutes after the
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accident, E. Yockman requested that Essakhi, or another driver employed by Life Transportation
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to not leave her alone. E. Yockman asked Essakhi to call her daughter.
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26. Essakhi, or another driver employed by Life Transportation called his supervisor
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of Life Transportation who directed him to take E. Yockman [45 minutes back] to St. Claire
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hospital.
14

15 27. Essakhi or another driver employed by Life Transportation called E. Yockman's

16 daughter who demanded that he take her to St. Claire Hospital.

17 28. As a result of the above, E. Yockman never returned home. She was transported to

18 the St. Clair Hospital left in the parking lot by the driver, then wheeled to the emergency room,

19 then transported to St. Joseph Medical Center Hospital in Tacoma, Washington, and then to
20 Hallmark Manor nursing home, where she died one year later on November 11, 2014.
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29. On or about 15 June 2015, Zurich Insurance representative called Elda Yockman
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and family to close out the claim quickly and cheaply. Zurich gave Elda Yockman and family a
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suspense date of 15 July 2015 to complete a demand letter for E Yockman's accident.
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25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
30. Elda Yockman, Sole Beneficiary suffers from a disability and requested that her
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cousin, Margaret Bozgoz have full absolute power and authority over her matter as per ADA,
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3 ADAAA, Title 42 section 126 and pursuant to RCW 11.94.060 to act on her behalf. More

4 specifically Elda Yockman gave Margaret Bozgoz power to institute, supervise, prosecute,

5 defend, intervene, sign, file documents, negotiate, compromise, or settle any matter with any

6 government body or agency (Exhibit 1, POA).


7 31. The POA was required and provided to Zurich Insurance (Exhibit 3, Zurich
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letter acknowledge POA).
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32. Zurich Insurance requested that Margaret Bozgoz send a Demand Letter.
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Margaret Bozgoz analyzed other similar accidents and developed a demand letter for
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approximately 4 million dollars and sent it to the claims adjuster, Daryll Johnston at which time
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Zurich, requested more time to investigate (Exhibit 4, 1st Demand Letter, 17 July 2015).
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33. Margaret Bozgoz hired Attorneys from Peter Angelo's law firm to manage the
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15 claim as Peter Angelo's representative informed Margaret Bozgoz that she had under bided the

16 settlement.

17 34. On 5 Nov 2015, Peter Angelo developed another demand letter and sent it to

18 Daryll Johnston, Zurichs Claims Adjuster (Exhibit 5, Peter Angelos Demand Letter),

19 35. The Demand Letter was sent to Daryll Johnston without Margaret Bozgoz's
20 knowledge as Margaret Bozgoz provided Peter Angelos Office a different strategic plan from
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the start that included litigation.
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36. The purpose of Peter Angelo's demand letter to Zurich was to resolve the matter
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without going to litigation and for a settlement of $885,000 inclusive of all bills (Exhibit 5).
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25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
37. On or about 11 June 2016, Margaret Bozgoz discovered the new demand letter, 6
1
months later when Peter Angelo's clerk accidentally sent it to her.
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3 38. In addition, 6 months earlier, Peter Angelo gave Zurich Insurance adjuster all of E

4 Yockman's medical records (over 1,000 document s) without ensuring the release and retainer

5 were signed and without informing the Plaintiff. This action was not acceptable as it violated the

6 HIPAA law, while placing the plaintiff in a disadvantage to negotiate a fair settlement with
7 Zurich for the Beneficiary (Exhibit-6, Bad Faith Letter to Zurich and supported emails). .
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39. Daryll Johnston used the medical documents against the Plaintiff in their favor.
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40. On or about 7 May 2016, Peter Angelo informed the Plaintiff that Zurich wanted
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to settle for an unfair amount of $100,000. When the Plaintiff paused, a representative from Peter
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Angelo's Office informed the Plaintiff that he would put $200,000 into her checking account on
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that day.
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41. The Plaintiff refused the offer and demanded that Peter Angelo inform Zurich that
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15 they would be going to trial in an effort to seek a fair settlement amount (Exhibit 6).

16 42. On 7 July 2016. Peter Angelo withdrew due to the Plaintiff's decision to go to trial

17 (Exhibit 7).

18 43. The Plaintiff demanded all records from Zurich.

19 44. Peter Angelo's clerk sent: (1) Peter Angelo's withdrawal documents and (2) Peter
20 Angelo's demand settlement letter written to Zurich on 5 November 2015. Although Peter
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Angelos withdrawal letters states that they communicated with the Plaintiff, the Plaintiff
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disagrees as she knew nothing about the 5 November 2015 demand letter until 7 July 2016
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(Exhibit 7, Peter Angelos Demand letter).
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25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
45. Plaintiff demanded an explanation from Peter Angelo about their hidden demand
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letter dated 5 November 2015.
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3 46. On 17 July 2016 and after Peter Angelo withdrew, the Plaintiff demanded an

4 explanation from Zurichs claims Adjuster, Daryll Johnston regarding bad faith practices: (1)

5 accepting medical records without a release, (2) accepting a demand letter that the plaintiff was

6 not aware, (3) lying about $100,000 insurance cap when he knew Zurich could be sued twice by
7 the (1) personnel representative and (2) sole beneficiary as noted in Peter Angelo's demand letter
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(Exhibit 6, Bad Faith Letter from Plaintiff to Zurich).
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47. Zurich then offers the plaintiff $150,000 due to their bad dealings with Peter Angelo
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(Exhibit 6B, Second Demand Letter and Zurichs second Settlement Offer).
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48. July 2016, Daryll Johnston informed the Plaintiff to stop contacting him as he had
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been taken off the case and replaced by Zurich's Defense Attorney, William O'Brien (Exhibit 8).
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48. July 2016, Attorney Bruce Wolf is hired by the Plaintiff (Exhibit 10, Letter from
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15 Plaintiffs Attorney, Bruce Wolf to Zurich'Attorney William OBrien).

16 49. Sep 2016, Bruce Wolf [without informing Margaret Bozgoz] secretly met with

17 Daryll Johnston, Zurich. Daryll Johnson advised Bruce Wolf of the process of going to trial and

18 mentions to Bruce Wolf that he ultimately looks forward to negotiate an amicable resolution to

19 this matter. Daryll Johnston informs Bruce Wolf after: (1) He informed the Plaintiff that he had
20 been taken off the case and (2) After he attempted to make a second settlement offer of
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$150,000) (Exhibit 11) .
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50. On or about 1 Oct 2016, Bruce Wolf convinced the Plaintiff, Margaret Bozgoz to
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allow him to: (1) meet separately with Elda Yockman to discuss family dynamics before the
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25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
trial. In addition Bruce Wolf convinced Margaret Bozgoz to sign another retainer which he
1
demanded that she sign [but NOT date] (Exhibit 12).
2

3 51. In Oct 2016, Bruce Wolf met with Elda Yockman and Eileen Eddleman at a local

4 restaurant in Tacoma and (1) placed Elda Yockman's mother's death certificate on the table, (2)

5 leaves the table to get a drink, (3) comes back and tells Elda Yockman: (1) Peter Angelo should

6 have never touched this case, (2) Her cousin, Margaret Bozgoz is in trouble for allowing Peter
7 Angelo to get involved, (3) He (Bruce Wolf) is now her attorney, (4) He had just spoke to Zurich
8
and they offered to pay her $500,000 to settle. Elda Yockmans refused the offer and demanded
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that Bruce Wolf negotiate with her Attorney-in Fact, Margaret Bozgoz.
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52. Elda Yockman complained to Margaret Bozgoz about how Attorney Bruce Wolf's
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actions triggered her silent scars as she [and the Plaintiff] were tricked into talking to Bruce
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Wolf. At no time did Elda Yockman agree to talk to Bruce Wolf about settlement.
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53. Directly after confronting Attorney Bruce Wolf about his actions with Elda
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15 Yockman, Bruce quit (Exhibit 13). Attorney Bruce Wolf quit the case approximately 3 weeks

16 before the statute of limitations ran out.

17 54. On 26 Oct 2016, Margaret Bozgoz utilized the POA and her constitutional rights

18 under ADA, ADAAA, Title II, and Title 42 Section 126 and filed the Wrongful Death and Civil

19 Rights Claim on Elda Yockman's behalf.


20 55. Approximately 2 week before Margaret Bozgoz filed the claim herself, (1)
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Zurich's Defense Attorney, William O'Brien informed her to settle or file the claim in court
22
before the suspense date, 4 November 2016.
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56 In addition, Bruce Wolf attempted to rehire himself by sending the Plaintiff a
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claim outline. At first glance of the claim outline one could tell it was in Zurich's favor vs. Elda
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Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
Yockman's favor (Exhibit 14, Bruce Wolf Outline Claim [purposely written not in favor of
1
the Beneficiary] but in favor for Zurich).
2

3 57. This claim outline left off Elda Yockman's name and failed to list a constitutional

4 rights violation. This information is significant because Margaret Bozgoz, Peter Angelo [and

5 everyone] knew two claims (personal representative and sole beneficiary) could be filed against

6 Zurich (Exhibit 7, Peter Angelos initial demand letter). Filing 2 claims against Zurich would
7 be in the best interest of Elda Yockman.
8
58. Also, by including a civil right violation to the claim, one knows that the Judge
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could not simply dismiss a claim [with merit] without ensuring there was no relief due to the
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beneficiary. In addition, by filing a claim utilizing ADA, ADAAA, Title II, if due process is
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violated, judges are not immune should they ignore federal law.
12
Tennessee v. Lane, et al., 541 U.S. 59 (2004) pointed out that Congress Constitutionally
13 abrogated the States' Eleventh Amendment immunity, making suits for damages available to
individuals who proceed under Title II of the ADA with claims of violation of Due Process of
14 Law.
15

16 59. Margaret Bozgoz's job as the Personal Representative and Attorney-in-Fact, ADA

17 Advocate is to do what is in the best interests of Elda Yockman.

18 60. Directly after Margaret Bozgoz filed the claim, Zurich's Defense Attorney,

19 William O'Brien withdrew.


20 61. On or about 17 November 2016, Zurich Insurance Inc. and Life Transportation
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replaced Attorney William O'Brien with Forsberg & Umlauf's law firm.
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62. On or about 20 Nov 2016, Margaret Bozgoz contacted both Forsberg & Umlauf's
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offices (Tacoma and Seattle) and gave them an update about the case.
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25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
63. Forsberg & Umlauf obstructed justice by (1) contacting Margaret Bozgoz on or
1
about 17 December 2016 and informed her that they were filing a motion to strike E Yockmans
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3 [with merit] Wrongful Death and Civil Rights case.

4 64. Umlauf and Forsberg used their assumptions vs facts and submitted the motion to

5 strike claim against Margaret Bozgozs Claim. Umlauf and Forsberg assumed that Margaret

6 Bozgoz had to be an Officer of the Court Lawyer in Good standing [like themselves] in
7 order to submit a claim. Margaret Bozgoz is not an Officer of the Court however, she is an Army
8
Officer and as the evidence shows, she has attempted to find an Officer of the Court] who looks
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out for the best interest of Elda Yockman.
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65. Forsberg & Umlauf's, Roy Umlauf, Lesley Fleming then coordinated with Judge
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Stanley Rumbaugh, Court Clerk Merri Reagan, Court Reporter Carol Frederick to expedite a
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motion to strike hearing at the last minute during the Christmas holidays (23 December 2016).
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66. The Court lead by Judge Stanley Rumbaugh, the Defendant's Attorney, Roy
14

15 Umlauf and Lesley Fleming, Court Reporter Carol Frederick and Court Clerk, Merri Reagan

16 discriminated against the Plaintiffs by requiring the Plaintiff to attend the 23 December 2016

17 [last minute hearing] and excusing the Defendants, Youssef Essakhi, Jane Doe, Zurich, Life

18 Transportations, and Zurich Insurance from attending (Exhibits 15 and 16, Judge Stanley

19 Order Setting Court Schedule to All Parties). .


20 67. The Court lead by Judge Stanley Rumbaugh, Defendants, the Defendants Defense
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Attorney, Roy Umlauf and Lesley Fleming, Court Reporter Carol Frederick and Court Clerk,
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Merri Reagan discriminated and abused their authority by coordinating a last-minute hearing on
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23 December 2016 at 0900-0915 am then altered court documents to make it appears that
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25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
Margaret Bozgoz's "Court Call" did not get disconnected during the hearing (Exhibit 16, Order
1
Granting Civil Rights and Wrongful Death Violation/with Prejudice).
2

3 68. The Court lead by Judge Stanley Rumbaugh, Defendants, the Defendant's

4 Attorney, Roy Umlauf and Lesley Fleming, Court Reporter Carol Frederick and Court Clerk,

5 Merri Reagan discriminated against the plaintiff by pretending that the Defendants were actually

6 in court testifying during the hearing (Exhibit 17, Carol Fredericks Altered Transcripts).
7 69. The Court lead by Judge Stanley Rumbaugh, Defendants, the Defendants Defense
8
Attorneys, Roy Umlauf and Lesley Fleming, Court Reporter Carol Frederick and Court Clerk,
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Merri Reagan discriminated against the Plaintiff by allowing the Defendants alleged Attorney
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Lesley Fleming to testify in open court when the Defendants failed to appear in court (Exhibit
11
17).
12
70. The Court lead by Judge Stanley Rumbaugh, Defendants, the Defendants Defense
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Attorney, Roy Umlauf and Lesley Fleming, Court Reporter Carol Frederick and Court Clerk,
14

15 Merri Reagan discriminated against the Plaintiff by coordinating a last minute 2nd hearing on 23

16 December 2016 at 0953-10:00 am then falsified court documents for the record (Exhibit 18,

17 Memorandum of Journal Hearing and Exhibit 19, Minutes of Fabricated Hearing by Carol

18 Frederick). These falsified court documents gives the appearance that Elda Yockman and

19 Margaret Bozgoz were physically present. However, they were not present.
20 71. Judge Stanley Rumbaugh abused his authority by not establishing subject matter
21
jurisdiction before he dismissed a Wrongful Death and Civil Right case [with merit] on 23
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December 2016 at approximately 0930 then coordinated another hearing at 0953 [with the
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Defendants] Defense Attorneys, Roy Umlauf and Lesley Fleming, Court Reporter Carol
24

25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
Frederick and Court Clerk, Merri Reagan and disregarded the Plaintiffs, Margaret Bozgoz and
1
Elda Yockman and by violating due process.
2

3 72. The Court lead by Judge Stanley Rumbaugh abused his authority by unjustly

4 denying Margaret Bozgoz's reasonable accommodation request on or about 19 December 2016 in

5 preparation for a hearing she felt would be unjust.

6 73. The Court lead by Judge Stanley Rumbaugh abused his authority by not
7 responding to the Plaintiff's emergency emails after her she was disconnected from her COURT
8
CALL during the hearing on 23 December 2016 (Exhibit 20, Emergency Emails).
9
74. The Court lead by Judge Stanley Rumbaugh abused his authority by not
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answering the conflict of interest.
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75. 23 Dec 2016, the Court lead by Judge Stanley Rumbaugh abused his authority by
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ignoring the Plaintiff's continuance request but approved the Defendants Motion to Strike
13
Request.
14

15 76. 21 Feb 2017, the Court lead by Judge Stanley Rumbaugh abused his authority by

16 ignoring the Plaintiffs Reconsideration Hearing information.

17 77. The Court lead by Judge Stanley Rumbaugh abused his authority by canceling her

18 reconsideration hearing 88 days after she submitted it and 3 days before the hearing and while

19 she was flying from MD to WA.


20 78. On 24 Feb 2017, the Court lead by Judge Stanley Rumbaugh abused his authority
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by telling his Legal Clerk, Merri Regean to inform Ms. Bozgoz [after she protested] for
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cancelling her reconsideration hearing at the last moment] to sit in the back of the courtroom and
23
that he might explain to her after he speaks to the others.
24

25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
79. The Court lead by Judge Stanley Rumbaugh abused his authority by telling Mrs.
1
Bozgoz in open Court that Reasonable Accommodations don't matter (Exhibit 20A, Declaration
2

3 of Court Witnesses).

4 80. The Court lead by Judge Stanley Rumbaugh abused his authority by telling his

5 Legal Clerk, Merri Regean to inform Ms. Bozgoz [after she protested] for cancelling her

6 reconsideration hearing at the last moment] to sit in the back of the court room and that he might
7 explain to her after he speaks to the others why he cancelled her claim.
8
81. The Court lead by Judge Stanley Rumbaugh abused his authority by telling Ms.
9
Bozgoz in open court that he did not care how many past precedents she shows him that he
10
would dismiss the case every time (Exhibit 20A).
11
82. Jun 2017 after: (1) the courtroom witnesses in the 23 Dec hearing informed Ms.
12
Bozgoz that the Defendants were not in the court room (2) Attorney Lesley Flemings was
13
testifying on the Defendants behalf, and after (3) Reading Carol Fredericks altered transcripts
14

15 which she presented to the Appellate Court, the Plaintiff informed the Defendant's attorney that

16 she knew they were playing unethical games which triggered her silent scars and demanded that

17 they stop. As a result, the Defendants removed Lesley Fleming from the case for testifying in

18 open court (Exhibit 21).

19 83. During the Appeal brief, Roy A. Umlauf, Jeffrey T. Kestle from Forsberg &
20 Umlauf further committed fraud upon the court by writing, signing and submitting their own
21
response to the appellants brief using their own assumptions (Exhibit 22).
22

23
IV
24 COMPLAINT AGAINST ZURICH FOR BAD FAITH

25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
Good faith insurers look for and find ways to accept and pay claims properly and promptly
1
... Bad faith insurers unlawfully look for and find ways to not pay, delay, diminish, disapprove
2

3 and deny payment of claims. ZURICH and it associates have committed bad faith from 12 June

4 2015 against the Plaintiffs, Margaret Bozgoz, Elda Yockman and Evalani Yockman.

5 84. Going behind the Plaintiff's back and making side deals with her attorney in an

6 effort not to bring this case to court by doing the following:


7 85. Failed to offer or attempt to effectuate prompt, fair and reasonable evaluation of
8
damages and equitable settlements of claims to insured within a reasonable time where liability
9
is reasonably clear.
10
86. Zurich requested/attempted to settle a claim for less than the amount of which a
11
reasonable person would have believed was entitled or attempts to substantially diminish a claim
12
requiring an insured to initiate litigation.
13
87. Requested over burdensome documentation.
14

15 88. Displayed and justified contention and/or "lowballing" regarding the value of a

16 loss.

17 89. Attempted to use indiscriminate measures, reference and/or procedures that

18 diminish or reduce the top line amount or value representing full payment of the claim by trying

19 to lead the Plaintiff to believe that $100,000 was the cap yet they offered her $150,000 after she
20 told them they violated the HIPAA law with Peter Angelo, then again, when they had Bruce Wolf
21
meet with Elda Yockman [and Eileen Eddleman] and offer Elda Yockman $500,000.
22
90. Displayed intentional or irresponsible non-disclosure and withholding of
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information, misinterpretation of file documents and/or policy provisions that would be in favor
24
of the claimant.
25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
91. Zurich failed to live up to, conform or comply with industry standards from 2015-
1
2017.
2

3 92. Zurich used inaccurate or wrongful information of a factual or legal nature to

4 diminish, deny or delay payment of a claim.

5 93. Zurich was not forthcoming with facts regarding coverage to deny, delay or

6 reduce the amount of the claim.


7 94. Used extreme undue emotional persecution, wrongful and victimizing tactics and
8
actions, meant to crush, threaten, thwart, intimidate, oppress, in order to scare away and get the
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Plaintiff not to make or pursue a claim.
10
95. Abused and/or misused the judicial court system in order to delay or settle in good
11
faith payment of a claim where liability to the claim is clear and amount of the claim is
12
reasonable in order to delay insurer's having to make payment of the claim.
13
96. Attempted to shift blame and responsibility of investigation to insured and away
14

15 from the relief owed.

16 V
DISCRIMINATION
17
97. In Civil Action No 2:17 cv-00a410JLR, Washington State has declared that
18
practices that discriminate against any of its inhabitants because of race, creed, color or national
19
origin are matters of public concern that threaten the rights and proper privileges of the State and
20
harm the public welfare, health, and peace of the people. See Wash. Rev. Code 49.60. 010.
21

22 98. Therefore, all "Officers of the Court" who took an oath: Forsberg & Umlauf, Roy

23 Umlauf, Lesley Fleming, Judge Stanley Rumbaugh, Court Clerk Merri Reagan, Court Reporter

24

25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
Carol Frederick, Peter Angelo, and Bruce Wolf discriminated against the Plaintiffs, when the
1
Defense willfully coordinated:
2

3 (1) Peter Angelo submitted to Zurich over 1,000 health files without a signed retainer

4 by the Plaintiff and without a signed release violating the HIPAA law and Zurich's policies. The

5 release and retainer was signed after Peter Angelo wrote and submitted their own demand letter

6 to Zurich.
7 (2) Peter Angelo submitted a demand letter to Zurich for $855,000 for a wrongful death
8
case on 5 November 2015 knowing (a) the Plaintiffs strategic plan clearly stated trial would be
9
the best option, (b) that before Peter Angelo took over, the Plaintiff had given Zurich a 4 million
10
demand letter which Peter Angelo said was an underbid can he could get a fair a reasonable bid
11
which included twice as much, Hence the only reason why Peter Angelo took over.
12
(3) Zurich accepted the documents from Peter Angelo without accepting the retainer and
13
release which is against HIPAA law and Zurich's policy, rules, and procedures.
14

15 (4) Judge Stanley Rumbaugh, Carol Frederick, Merri Reagan, Zurich, Life Transportation

16 and Forsberg & Umlauf coordinated 2 hearings on 23 Dec 2016.

17 (a) The first hearing (0900-0915) was rigged so the plaintiff's court call was

18 disconnected.

19 (b) The second hearing (0953-1000) on the 23 December was fraud as the
20 Plaintiff was not invited to this hearing (Exhibit 18 and 19, Falsified Hearing and
21
Minutes on 23 Dec at 0953-1000).
22
(5) Court Reporter Carol Frederick fabricated and altered both transcripts (Exhibits 17
23
and 19 Transcripts, 20A and 20B Witnesses)
24
(6) Lesly Fleming and Roy Umlauf testified/represented the defendant at both hearings.
25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
(7) Roy Umlauf and Jeffery T. Kestle responded to the Appellants response using their
1
own assumptions vs. facts (Exhibits 22).
2

3 (8) Shaun Linse, Court Reporter for 24 February 2017 Reconsideration Hearing willfully

4 altered the hearing transcripts. When confronted, Ms. Linse informed the Plaintiff that she was

5 unwilling to sell her audio tape of the hearing (Exhibit 23 and 20A).

6 (9) Judge Stanley Rumbaugh refused to review and read the Plaintiffs documents
7 submitted in LINX and emergency emails.
8
(10) On 24 February 2017, Judge Stanley Rumbaugh yelled out [in court] that he did not
9
care how many past precedents that she gave him, he would deny her case every time (Exhibit
10
20A).
11
(11) Judge Stanley Rumbaugh canceled the Plaintiff's Reconsideration Hearing 88 days
12
after the Plaintiff submitted the documents and while she was flying from MD to WA for the
13
Reconsideration Hearing (Exhibit 23)
14

15 (12) Judge Stanley Rumbaugh in open court told Ms. Bozgoz that reasonable

16 accommodations did matter (Exhibit 20A) because the statues of limitations had expired anyway

17 which is not a true statement. The statute of limitation expired on 4 November 2016. The Claim

18 was filed on 26 Oct 2016.

19 VI
FRAUD
20
99. The defendant's alleged attorneys from Forsberg & Umlauf used their own
21

22 assumption vs facts in both 23 Dec 2016 hearings and while writing and signing the Response to

23 the Appellant Brief (Exhibits 25, Motion to Strike Claim, Exhibit 22, Response to Appellant

24 Brief).

25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
100. Carol Frederick falsified both transcripts on 23 Dec 2016
1
101. Judge Stanley Rumbaugh abused his authority by willfully violating the plaintiffs
2

3 Constitutional rights under Title II by denying her the right to defend Elda Yockman when he and

4 the defendant knew she had a valid POA and was protected by ADA and ADAAA but yet

5 dismissed her wrongful death and civil rights claim without regards to her rights, Elda

6 Yockman's rights, and Evalani Yockman's rights and in favor for the Defendant who violated
7 their rights (Exhibit 20A).
8
102. Judge Stanley Rumbaugh violated the Plaintiff's Constitutional Rights Under Title
9
II and III when he denied the Plaintiff's reasonable accommodations without explanation and in
10
favor of alleged Defendant's Attorney.
11
103. The Court/Court Reporter Carol Frederick and Shaun Linse altered their
12
transcripts (a) on 23 December 2016 at the initial hearing and (b) 24 February 2017 at the
13
reconsideration hearing. More specifically, Carol Fredrick alters her transcripts to purposely
14

15 mislead one into believing that the Defendant/Competent witness (Youssef Essakhi) was actually

16 in the courtroom on 23 December 2016.

17 104. The Court/Court Reporter Carol Frederick lied on her 23 December 2017 (9:53 to

18 10:00) transcripts by stating that Margaret Bozgoz and Elda Yockman appeared and discussed

19 "colloquy of the court" with the defendant's alleged attorneys and Judge Stanley Rumbaugh. She
20 also failed to submit these transcripts to the appellant court.
21
105. Shaun Linse, Court Reporter for Judge Stanley Rumbaugh on 24 February 2017,
22
also fabricated and forgot to include significant information in her transcripts. When the Plaintiff
23
read the transcripts and asked Mrs. Linse for a copy of her audiotape, she refused. She boldly
24
altered her transcripts in a courtroom filled with several witnesses watching and taking notes.
25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
106. The Superior Court failed to administer/read the oath before the hearing on 23
1
December 2016 and at the 24 Feb 2017 hearing.
2

3 107. The court allowed the Defendants to schedule and expedite the motion to strike

4 hearing without: (1) following superior court rules and (2) ignoring the Plaintiff's complaint

5 when they (Defendant's Attorneys) tricked her into signing an email Service Agreement which

6 they did not follow themselves. Therefore, the hearing should not have been scheduled on 23
7 December 2016 [3 days before] Christmas.
8
108. The Defendant and Court Clerk coordinated a, "Court Call" that they knew in
9
advance that the call would be disconnected in the middle of the hearing denying the plaintiff of
10
due process.
11
109. The Court allowed alleged Defense Attorneys to schedule an expedited Motion to
12
Strike hearing without reasonable notice (7 days) knowing it would be difficult for the Plaintiff
13
to fly from Maryland to Washington at the last minute during the Christmas Holidays.
14

15 110. Judge Stanley Rumbaugh's Clerk, Ms. Reagan coordinated a court call that was

16 designed to disconnect in the middle of the hearing. Then she failed to respond to the Plaintiff's

17 emergency phone or email until after 11 days.

18 111. Judge Stanley Rumbaugh granted a motion to strike order when the Plaintiff's

19 "Court Call" was conveniently disconnected and then he pretended [on record] that the
20 Defendant and Plaintiff were in court. He did this in front of Elda Yockman and 9 other
21
witnesses. The ordered that he issued was unconstitutional.
22
112. Judge Stanley Rumbaugh abused his authority and position by awarding the:
23
alleged Defense Lawyers Attorney fees without first establishing subject matter jurisdiction.
24

25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
113. Judge Stanley Rumbaugh threaten to award more fees against the Plaintiff
1
associated with future claims which are a subtle hint of discrimination and retaliation against the
2

3 plaintiff.

4 114. Upon protest from the Plaintiff for canceling the reconsideration hearing and

5 removing her name from the docket, Judge Stanley Rumbaugh agreed to see the Plaintiff.

6 However, Judge Rumbaugh was unprepared. He refused to acknowledge the legal binding POA
7 which he knew was professionally unethical.
8
115. Zurich's representative acknowledging receipt of the POA
9
116. Judge Stanley Rumbaugh failed to inform the court and the Plaintiff that he had a
10
conflict of interest which involved Zurich and its Defense Attorney, Mr. William O'Brien as he
11
was involved with working with OBrien in a similar Zurich insurance case. This information is
12
significant because the Defense Attorney for Zurich is the same Attorney who sued Judge
13
Stanley Rumbaugh for trying to demand more of Zurich's insurance money over the contractual
14

15 limits of an insurance the policy. In this case [Forsyth vs. Zurich North America] (Exhibit 33),

16 Attorney William O'Brien points out to the Court how Judge Stanley Rumbaugh misleads the

17 Court when: (1) Judge Stanley Rumbaugh accepted an award for $150, 000, 00 without

18 informing the court that the award exceeded the $100,000.00 contractual limits of the policy and

19 (2) without mentioning that he had been paid the full $100,000.00 policy limit eight years earlier.
20 Rather Judge Stanley Rumbaugh misrepresented to the court that Zurich's Insurance Adjuster,
21
Mr. McGarry did not oppose the order and wrote "N/A Telephone App'l on a signature line for
22
Zurich's Insurance Adjuster, Mr. McGarry. Mr. McGarry later denied Judge Stanley Rumbaugh's
23
statement. The above-mentioned phone tactic is significant because it is the same phone tactic
24
that Judge Stanley Rumbaugh, Lesley Fleming, and Roy Umlauf used with Margaret Bozgoz
25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
during the 23 December 2016 Motion to Strike hearing when the phone call went mute, Forsyth
1
vs Zurich. The Judge/Lawyers then signed the signature line for the Plaintiff as if she did not
2

3 oppose the order (Exhibit 16)

4 117. on 24 Feb 2017, before the Reconsideration Hearing, the alleged Defendant's

5 Attorney, Lesley Fleming announced on video camera that: (1) She works for Zurich Insurance

6 Company, (2) The reconsideration hearing had been cancelled at the last minute and she was just
7 in court observing. When she realized that the Plaintiff had hired a reporter to capture the hearing
8
on film, Lesley Fleming ran to the front of the court room and informed the Clerk and Judge that
9
to be careful because the Plaintiff is attempting to film. In addition, Ms Lesley Fleming said on
10
camera that (3) if the Plaintiffs wanted more information, they needed to review Carol
11
Fredericks transcripts See Exhibit Youtube Video: Is Judge Stanley Rumbaugh Violating
12
Veterans, the ADA, and Civil Rights to Protect Zurich Insurance?
13
https://video.search.yahoo.com/search/video?
14

15 fr=mcafee&p=is+judge+rumbaugh+violating+civil+rights#id=1&vid=7115b33ca1eba41540

16 65e56325a0174b&action=click)

17 118. On 17 December 2016, Roy Umlauf and Lesley Fleming filed the Motion to

18 Strike Evalani Yockman's Wrongful Death, and Civil Rights claim. They did this knowing guilty

19 and relief was due.


20 119. Judge Standley Rumbaugh: (a) dismissed the case with prejudice, and (b) granted
21
sanctions to the defendants while Lesley Fleming and Roy Umlauf [without permission] signed
22
on the signature line for Margaret Bozgoz stating that she did not oppose the Motion to Strike the
23
order.
24

25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
120. The Defendants lead by Judge Stanley Rumbaugh purposely caused emotional
1
harm and continue to oppress individuals by willfully ignoring facts. Judge Stanley Rumbaugh
2

3 told the beneficiary, Elda Yockman on 23 December 2016 that she should have signed the claim

4 herself causing Elda Yockman to have a nervous breakdown in court [while the alleged

5 Defendants ran out the courtroom with their "void" motion to strike order] she [and witnesses]

6 knew Judge Stanley Rumbaugh was wrong, but could do nothing about it at that time.
7 121. Bruce Wolf submitted a claim outline willfully in Zurichs favor. He knew Elda
8
Yockman could have been listed on the claim but yet, like Zurich, he focused on only listing the
9
Personal Representative as having standing. This was done on purpose as he should have known.
10
Bruce Wolf submitted this outline after he fired himself He also added [in the claim] a section
11
entitled absence of non-party at fault entities where he only focused on the driver and not Zurich.
12
The wording stated: Defendants listed above are the only "at fault" entities for the events,
13
injuries and or damages described herein, as defined in RCW 4.22.015. There are no non-party
14

15 "at fault" entities who are in any way or any percentage "at fault" for these events and/or for

16 plaintiffs' injuries and damages described herein (Exhibit 13A, Bruces Claim out line vs. 13B,

17 Margaret Bozgozs claim).

18 VII
CONSTITUTIONAL RIGHTS (1964, Title VII)
19 ADA VIOLATIONS
20 122. Plaintiff contends that the Defendants openly violated the American Disability Act
21
and Title 42, Chapter 126, Equal Opportunity for Individuals with Disabilities, Sec 12101, Sec
22
12182 and 12181 which states that (1) No individual shall be discriminated against on the basis
23
of disability in the full and equal enjoyment of the goods, services, facilities, privileges,
24
advantages, or accommodations of any place of public accommodations by any person who owns
25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
or operates a place of public accommodation. The American Disability Act states that the State
1
and Federal Government plays a role in enforcing the standards. More specifically, Sec 12101
2

3 (a) sections 1-8, Congress finds that (1) physical or mental disabilities in no way diminish a

4 person's right to fully participate in all aspects of society, yet many people with disabilities have

5 been precluded from doing so because of discrimination, (2) individuals with disabilities

6 continually encounter various forms of discrimination, including outright exclusion,


7 overprotective rules, and policies, failure to make modifications to existing practices,
8
exclusionary qualifications standards and criteria, segregation, and relegations to lesser services,
9
programs, activities, benefits, jobs or other opportunities. Congress found that people with a
10
disability, as a group, occupy an inferior status in our society, and severely disadvantaged
11
socially and economically. The Nation's goals regarding individuals with disabilities are to assure
12
equality of opportunity, full participation, independent living and economic self-sufficiency for
13
such individuals and the continuing existence of unfair and unnecessary discrimination and
14

15 prejudice denies people with disabilities the opportunity to compete on an equal basis and to

16 pursue those opportunities and justice for which our free society is justifiably famous. ADA

17 violation under Title 42 Section 126 states relief is: $50,000 for first offense and $100,000

18 thereafter. Violations #1 is $50,000 first offense. Violations #2-20 There are over 20 violations

19 stated above. (19X100,000). $1,950,000


20 123. The second hearing on 23 December 2016 was held at 9:53-10:00. Although the
21
court minutes indicate that the Plaintiffs, Margaret Bozgoz and/or Elda Yockman were present,
22
Carol Frederick lied. Margaret Bozgoz and/or Elda Yockman was not present as they knew
23
nothing about the second hearing until the Defendant's alleged Attorney responded illegally to
24
the Appellants Brief
25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
124. The defendant's alleged attorneys from Forsberg & used their own assumption vs
1
facts. This act is a violation of Title 24 Section 126 as this claim is against the Defendants, not
2

3 the "conflict of interest Alleged Attorney's Assumptions.

4 According to " UNITED STATES v. LOVASCO (06/09/77) 431 U.S. 783, 97 S. Ct. 2044, 52 L.

5 Ed. 2d 752, Manifestly, [such statements] cannot be properly considered by us in the disposition

6 of [a] case " UNITED STATES v. LOVASCO (06/09/77) 431 U.S. 783, 97 S. Ct. 2044, 52 L. Ed.
7 2d 752, Under no possible view, however, of the findings we are considering can they be held to
8
constitute a compliance with the statute, since they merely embody conflicting statements of
9
counsel concerning the facts as they suppose them to be and their appreciation of the law which
10
they deem applicable, there being, therefore, no attempt whatever to state the ultimate facts by a
11
consideration of which we would be able to conclude whether or not the judgment was
12
warranted. GONZALES v. BUIST. (04/01/12) 224 U.S. 126, 56 L. Ed. 693, 32 S. Ct. 463. No
13
instruction was asked, but, as we have said, the judge told the jury that they were to regard only
14

15 the evidence admitted by him, not statements of counsel, HOLT v. the UNITED STATES.

16 (10/31/10) 218 U.S. 245, 54 L. Ed. 1021, 31 S. Ct.

17 125. Title VI, 42 U.S.C. 2000d et seq., was enacted as part of the landmark Civil

18 Rights Act of 1964. It prohibits discrimination on the basis of race, color, and national origin in

19 programs and activities receiving federal financial assistance. Simple justice requires that public
20 funds, to which all taxpayers of all races [colors, and national origins] contribute, not be spent in
21
any fashion which encourages, entrenches, subsidizes or results in racial [color or national
22
origin] discrimination.
23
VII
24 ADA, TITLE II

25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
126. ADA Under Title II and Title 42 Section 126 allows relief under ADA and
1
Discrimination charges. Title 42 U.S.C. 2000 where the first violation is from $55,000 to
2

3 $75,000 for a subsequent violation. As the court in Jonson v Zerbst, 304 U.S. 458, 58, S. Ct.

4 1019; Wuest v. Wuest", 127 P2d 934, 937, when a party violates Due Process or Constitutional

5 constraints, jurisdiction is lost and "Where a court failed to observe safeguard, it amounts to a

6 denial of due process of law; the court is deprived of jurisdiction", "Pure Oil Co. v. The city of
7 Northlake", 10 all 25 (1936). World-Wide Volkswagen Corp. v. Woodson, 44 U.S. 286 (1980)
8
"A judgment rendered in violation of due process is void in the rendering State and is not entitled
9
to full faith and credit elsewhere. Pennoyer v. Neff, 95 U.S. 714, 732-733(1878)."[World-Wide
10
Volkswagen Corps.v. Woodson, 444 U.S. 286 (1980)]. A trial court's decision whether to vacate
11
a judgment or order under CR 60 is reviewed for an abuse of discretion. Luckett v. Boeing Co.,
12
98 Wn. App. 307, 309, 989 P.2d 1144 (1999), review denied, 140 Wn.2d 1026 (2000). When rule
13
providing for relief from void judgments is applicable, relief is not a discretionary matter, but is
14

15 mandatory, Orner v. Shalala, 30 F.3d 1307, (Colo. 1994).

16 Another relevant case is the Court in Tennessee v. Lane, et al., 541 U.S. 59 (2004)

17 pointed out that Congress Constitutionally abrogated the States' Eleventh Amendment immunity,

18 making suits for damages available to individuals who proceed under Title II of the ADA with

19 claims of violation of Due Process of Law. The Lane case found that "Congress enacted Title II
20 against a backdrop of pervasive unequal treatment of persons with disabilities in the
21
administration of state services and programs, including systematic deprivation of fundamental
22
rights Specifically, Title II seeks to enforce a variety of basic Constitutional guarantees,
23
including the right of access to the courts, infringements of which are subject to heightened
24
judicial scrutiny. The court found that all courts have a duty to accommodate that is perfectly
25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
consistent with the well-established due process principle that a state must afford to all individual
1
a meaningful opportunity to be heard in its courts. The Supreme Court concluded in Lane, that
2

3 Title II, as it applies to the class of cases implicating the fundamental right of access to the

4 courts, constitutes a valid exercise of Congress' authority to enforce the guarantees of the

5 Fourteenth Amendment. In addition, Under Title II of the Americans with Disability Act of 1990

6 (ADA) ( 42 U.S.C. 12101 et seq.), Americans with Disability Act Amendments Act of 2008
7 (ADAAA), ARCW 49.60 et seq., and Washington State Supreme Court General Rule 33 (GR
8
33), the Washington State Courts are required to provide accommodations to individuals with
9
disabilities in an effort to provide them access to any activities that are afforded the general
10
public. If a requested and Reasonable Accommodation is denied, the Washington State court
11
shall specify the reasons for the denial (including the reasons the proceeding cannot be continued
12
without prejudice to a party). The court shall also ensure the person requesting the
13
accommodation is informed of his or her right to file an ADA complaint with the United States
14

15 Department of Justice Civil Rights Division (GR33). Relevant Case" Orner v. Shalala, 30 F.3d

16 1307 (Colo. 1994) "when rule providing for relief from void judgments is applicable, relief is not

17 a discretionary matter, but is mandatory."

18 IX
ADA, TITLE III
19
127. On or about 17 December 2016, reasonable accommodation was requested in
20
preparation for the unethical motion to strike hearing and denied by Judge Stanley Rumbaugh
21

22 without explanation and GR33.

23 X
DUE PROCESS AND NEGLIGENCE CLAIM
24
128. Plaintiff re-alleges every fact and allegation set forth above.
25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
129. Judge Stanley Rumbaugh had a duty to safeguard the Plaintiffs Due Process.
1
130. Judge Stanley Rumbaugh failed to safeguard the Plaintiffs Due process by
2

3 coordinating 2 hearings.

4 131. Defendants had a duty to exercise the degree of care expected of a reasonably

5 prudent Judge(s) under the same or similar circumstances.

6 132. Defendants failed to safeguard the Plaintiff's Due Process and well-being.
7 133. Defendants failed to exercise the degree of care expected of a reasonably prudent
8
Judge(s) under the same or similar circumstances.
9
134. The acts and or omissions of the defendants alleged herein constitute negligence.
10
135. As a direct and proximate result of the defendants' acts and or omissions, Plaintiff
11
suffered emotional stress, the financial loss of time and resources and unnecessary emotional
12
stress.
13
136. As a direct and proximate result of the defendants' acts and or omissions,
14

15 sustained pain, and suffering, anxiety, fear, distress.

16 XII
FIRST AMENDMENT RIGHT
17
137. Judge Stanley Rumbaugh also violated the Plaintiffs 1st Amendment rights by
18
failing to allow the Plaintiff's "hired" court reporter, Chris King videotape the reconsideration
19
hearing in an effort to establish transparency (Exhibit 23, Shaun Linse's altered transcripts,
20
Exhibit 20A, Eileen Eddlemans Sworn Declaration). He did this while the alleged
21

22 Defendant's Attorney, Lesley Fleming announced on video camera that: (1) She works for Zurich

23 Insurance Company, (2) The reconsideration hearing had been cancelled at the last minute and

24 (3) If the Plaintiffs wanted more information, they needed to review Carol Fredericks [altered]

25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
transcripts See: Is Judge Stanley Rumbaugh Violating Veterans, the ADA, and Civil Rights to
1
Protect Zurich Insurance? https://video.search.yahoo.com/search/video?
2

3 fr=mcafee&p=is+judge+rumbaugh+violating+civil+rights#id=1&vid=7115b33ca1eba4154065e5

4 6325a0174b&action=click).

5 XII
FDCPA
6

7 138. Judge Stanley Rumbaugh violated FDCPA (15 U.S.C. 1692 to 1692p) on 23
8
Dec 2016 when he issued sanctions against Margaret Bozgoz illegally and without establishing
9
subject matter jurisdictions which caused willful stress and oppression.
10

11
XIII
12 RICO ACT VIOLATION

13
139. Plaintiff contends that she has made the requisite allegations to support her
14

15 recovery pursuant to RICO as to state a claim for a RICO violation, the plaintiff has two

16 threshold pleading requirements. First, she must allege that the defendants, through the

17 commission of two or more acts constituting a pattern of racketeering activity, directly or

18 indirectly invest in, or maintain an interest in, or participate in an enterprise, the activities of

19 which affect interstate or foreign commerce.


20 (1) Act 1: Court Clerk, Defendant, Judge Coordinate a meeting with the Plaintiff to trick
21
her to use a court call on 23 Dec 2016 which was designed to disconnect.
22
(2) Act 2: The Defendants failed to appear in court while their alleged Attorney's testified
23
on their behalf while the Plaintiff was on a disconnected court call and while the Court and
24
Defense Attorneys played the court session out as if nothing was unjust.
25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
(3) Act 3: The Judge allows this activity in his courtroom as he announces to Elda
1
Yockman that she should have signed the Claim herself. If addition, Judge Stanley Rumbaugh
2

3 informed Elda Yockman if she wanted relief, she needed to hire an attorney down the hall.

4 (4) Act 4: Directly after the first hearing on 23 Dec 2016 (0900-9:15), (a) Judge Stanley

5 Rumbaugh, (b) Court Reporter Carol Frederick, (c) Court Clerk, Merri Regean, (d) the Defenses

6 Alleged Attorneys Lesley Fleming and Roy Umlauf met secretly to discuss a Colloquy of Court
7 (Exhibit 16, 18, 19) where the Plaintiff or the Beneficiary was not present.
8
(5) Act 5: The alleged attorneys are allowed to write briefs which is a conflict of interest.
9
Other unethical acts are noted above/below.
10
140. Second, he/she must allege that she was injured in his business or property by
11
reason of a violation of Section 1962. Moss v. Morgan Stanley, Inc., 719 F.2d 5, 17 (2d
12
Cir.1983), cert. denied, 465 U.S. 1025, 104 S. Ct. 1280, 79 L. Ed. 2d 684 (1984). Under 1962,
13
Zurich and its representatives are retaliating against the Plaintiff because they did not want the
14

15 claim to go to court. They have a reoccurring issue of going behind her back an offering her

16 attorneys more than $100,000 when the Plaintiff refused to settle for $100,000 when she learned

17 that Zurich was working with Peter Angelo and Bruce Wolf. She then took it upon herself to seek

18 justice as time was running out and to find another in good standing lawyer would be difficult

19 because the claim was now considered an at risk claim


20 141. The Plaintiff, Elda Yockman, and Evalani Yockman are all disabled as noted in the
21
Plaintiffs reasonable accommodation documents. Due to reasons explained in the reasonable
22
accommodation documents, it takes longer for the Plaintiff to gather her thoughts when her silent
23
scars are triggered. In an effort to focus on her fiduciary duty as personal representative, she quit
24

25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
her job and put her government (SEAPORT) contract on the side as she can only work [focus] on
1
one thing at a time.
2

3 142. An enterprise is defined as "any individual, partnership, corporation, association

4 or other legal entity, and any union or group of individuals associated in fact although not a legal

5 entity." 18 U.S.C.A. 1961(4). The Supreme Court elaborated that an enterprise is a "group of

6 persons associated together for a common purpose of engaging in a course of conduct." United
7 States v. Turkette, 452 U.S. 576, 583, 101 S. Ct. 2524, 69 L. Ed. 2d 246 (1981). The Second
8
Circuit instructs courts to look to the hierarchy, organization, and activities of an association-in-
9
fact to determine whether its members functioned as a unit. United States v. Coonan, 938 F.2d
10
1553, 1560-61 (2d Cir.1991), cert. denied, 503 U.S. 941, 112 S. Ct. 1486, 117 L. Ed. 2d 628
11
(1992). The enterprise must constitute an association that is substantially different from the acts
12
which form the "pattern of *58 racketeering activity." Harvey v. Harvey, 931 F. Supp. 127
13
(D.Conn.1996), aff'd, 108 F.3d 329 (2d Cir.1997). The Plaintiffs has met this requirement (e.g.,
14

15 Judge, Court Reporter, Court Clerk, Lawyers, Life Transportation Insurance Companies and

16 Zurich).

17 143. To claim a pattern of racketeering activity, the plaintiff must allege (1) the

18 existence of two or more racketeering predicate acts, (2) that the predicate acts are related, (see

19 above) (3) that the predicate acts amount to or pose a threat of continued criminal activity. H.J.,
20 Inc. v. Northwestern Bell Telephone, 492 U.S. 229, 239, 109 S. Ct. 2893, 106 L. Ed. 2d 195
21
(1989). The offenses which may serve as predicate acts for a RICO claim are listed in 18 U.S.C.
22
1961, which list is exclusive. The Plaintiff submits that the defendants listed above are
23
involved with the following RICO laws:
24

25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
(1) Section 1028 (relating to fraud and related activity in connection with
1
identification documents), section 1029 (relating to fraud and related activity in connection
2

3 with access devices) (a) falsified transcripts, (b) false court hearings, (c) not establishing subject

4 matter jurisdiction, (d) coordinating unfair/last minute court hearing, (e) overlook the defendants

5 absence, (f) allowing the defendants to testify in court, (g) ignoring reasonable accommodations,

6 (h) not allowing transparency in the court room via court reporter, (i) coordinating a court call
7 that was by designed disconnected, (j) not checking to confirm if the Plaintiff was on the line the
8
entire court call.
9
(2) Section 1343 (relating to wire fraud) the meeting that was held on 23 Dec 2013
10
between 0953 and 10:00 [after the initial hearing] is on record hidden under memorandum of
11
Journal Entry. This record is a fraud. Either Elda Yockman or the Plaintiff, Margaret Bozgoz
12
attended the Colloquy Hearing. Carol Fredericks transcripts are false and have been fabricated
13
(Exhibit 19).
14

15 (3) Section 1503 (relating to obstruction of justice). The alleged Defendant's Attorney,

16 Zurich, and the Courts had the POA, knew what it was for but yet ignore the Plaintiffs right to

17 defend Elda and Evalina from 2015-2016, Zurich and its associates have been playing unfair.

18 (4) Section 1543 (relating to forgery). On 23 Dec 2016, when the Plaintiff was

19 disconnected from the phone call or court call, Judge Stanley Rumbaugh and/or the Defense
20 Attorneys signed the order and then signed for the Plaintiff as if she approved the order and/or
21
was physically there in court when she was not present (Exhibit 16). Judge Stanley Rumbaugh
22
did these acts boldly in front of several witnesses which is a clear indication that he is not
23
bothered by obstructing justice and violating constitutional rights.
24

25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
(5) Section 1952 (relating to racketeering), Zurich is stationed in Switzerland. They are
1
and have been involved in Evalani Yockman wrongful death and the civil right claim due to
2

3 Washington States insurance (no cap) rule. Therefore Section 1952 applies (1) distribute the

4 proceeds of any unlawful activity; or (2) commit any crime of violence to further any unlawful

5 activity. More specifically, when the Lawyers, Court Reporter alter and testify in court while the

6 Judge supports their activity they were violating due process rights which is criminal behavior
7 and should be held accountable as many people look up to them to uphold justice. ; or (3)
8
otherwise promote, manage, establish, carry on, or facilitate the promotion, management,
9
establishment, or carrying on, of any unlawful activity, and thereafter performs or attempts to
10
perform As noted above, the entire conspiracy is strategically planned by the defendants without
11
regards to the Plaintiffs constitutional rights. From ADA violations, to wasting time, resources,
12
triggering disability issues, (A) an act described in paragraph (1) or (3) shall be fined under this
13
title, imprisoned not more than 5 years, or both; or B) an act described in paragraph (2) shall be
14

15 fined under this title, imprisoned for not more than 20 years, or both, and if death results shall be

16 imprisoned for any term of years or for life.

17 CONSPIRACY

18 144. The Defendants in the conspiracy are listed above as all of them are involved and

19 were working together as their main objective was to prevent the Plaintiffs claim from going to
20 trial with Elda Yockman' name on it. Why? There is no cap for a wrongful death/civil rights
21
claim when the biological daughter files the claim. However, then there is an insurance cap when
22
the Personal Representative files. The cap is $100,000. The Plaintiff knew this. Therefore when
23
she ex-attorney, Bruce Wolf presented her with a claim outline, she purposely changed it and
24
added Elda Yockman name as she had the POA. She also added Civil Rights (ADA) violation to
25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
the claim as she knew a Judge could not simply dismiss a case with merit and relief was due.
1
Hence why everyone in court on 23 December 2016 was shocked when: (1) The Plaintiff's Court
2

3 Call coordinated by the court clerk was disconnect while (2) Judge Stanley Rumbaugh dismissed

4 the claim with prejudice (3) signed the Plaintiff's name to the order as if she agreed, (4) Carol

5 Frederick and (5) Shaun Lines altered transcripts on 23 Dec 2016 and then again on 24 Feb 2017.

6 On 23 Dec 2016, the Court Clerk, Court Reporter, the Defendants Attorney and the Judge met
7 secretly after the hearing at 0953-10:00 and fabricated another court order which Carol Frederick
8
failed to submit to the appellate court on purpose. Instead, she fabricated transcripts that did not
9
reflect the truth and omitted significant information. When the Plaintiff informed both reporters
10
that she placed her own witnesses, and IT assistance personnel in court to capture the truth due to
11
reoccurring discrimination and constitutional rights issue the court, she gave them a chance to
12
come clean but, instead the professional court reporters refused to sell a copy of their audio
13
recording to the Plaintiff in an effort to continue the illegal pattern of corruption without regards
14

15 to their oath. As the evidence shows the following individual conspired to prevent the Plaintiffs

16 wrongful Death and Civil Rights violation claim from going to trial.

17 146. All allegations were the cause of action pursuant to Section 1983 for conspiracy to

18 deprive the plaintiff of her constitutional rights to protect the beneficiary and to do what is in her

19 best interest. It is well established that a complaint containing only conclusory, vague or general
20 allegations *60 of conspiracy to deprive a person of constitutional rights cannot survive a motion
21
to dismiss. Gyadu v. Hartford Ins. Co., 197 F.3d 590 (2d Cir.1999). Therefore the Plaintiff has
22
attached proof via documents, orders, emails and pleadings, declarations and etc.
23
XIV
24 EMOTIONAL STRESS

25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
147. Major Emotional Stressors include:
1
(1) Deception in preparation of 23 Dec 2016 Hearing (Refuse to provide ADA
2

3 support)

4 (2) Deception in preparation for the 24 Feb 2017 (Cancellation after 88 days and

5 while the plaintiff was flying from MD to WA)

6 (3) The Judge Informing the Court Clerk on that he MIGHT have time to see her
7 after she talks to everyone else.
8
(4) Failure to review all documents submitted in LINX
9
(5) Dismissing with Prejudice the Plaintiffs Wrongful Death and Civil Right
10
Violation Claim.
11
(6) Informing Elda Yockman on 23 December that her mother's life does not
12
matter by way of letting the Defendant off and punishing the Plaintiff as if they were the
13
criminals.
14

15 (7) Willful Emotional Stress by coordinating a hearing at the last minute [3 days

16 before Christmas] knowing that the case was by design going to be dismissed illegally

17 and without regards to due process.

18 (8) Prolonging a Wrongful Death and Civil rights case on purpose and illegally

19 (9) Showing Favoritism to the Defendants


20 (10) Judge Stanley Rumbaugh telling the Plaintiff in open court that Reasonable
21
Accommodations/Civil Rights don't Matter.
22
(11) Judge Stanley Rumbaugh telling the Plaintiff in open court that he did not
23
care how many past precedent she gives him, he was going to deny the claim every time.
24

25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
(12) The Defendants refusing the Plaintiff rights (e.g. to file the claim, inclusion
1
vs exclusion).
2

3 (13) The Defendants playing the "electronic service game" with the Plaintiff.

4 (14) The Defendant (Lesley Fleming) coming to court on 24 Feb 2016 and teasing

5 the Plaintiff that the court case had been canceled)

6 (15) The Defendant (Lesley Fleming) telling the Plaintiff to read an altered
7 pleading.
8
(16) The Defendant (Roy Umlauf and Jeff Kestle writing, signing and filing the
9
Response when they know they are not allowed to file or testify for their clients
10
(17) Judge forcing the plaintiffs to attend their hearing (that the Defendant called
11
on 23 December 2016) and excusing the Defendant.
12
(18) Knowing the Judge, his staff, and the Defendants were working together
13
against the Plaintiff alone causes oppression as at the time of the above mentioned acts,
14

15 nothing could have been done as the Judge refused videotaping in his court room.

16 148. Plaintiff brings Emotion claims pursuant to common law tort of intentional
infliction of emotional distress (IIED) as an additional claim as she could not do her
17 job as a protector of her cousin and aunt. Under this law, a plaintiff may receive a
maximum of $300,000
18
149. Plaintiff re-alleges every fact and allegation set forth above.
19
150. As a direct and proximate result of the negligence of the defendants described
20
above, E. Yockman sustained substantial damages prior to her death from the personal injuries
21
sustained in the incident of November 5, 2013.
22
151. As a direct and proximate result of the negligence of the defendants, E. Yockman
23
sustained emotional damages.
24

25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
152. As a direct and proximate result of the defendants' acts and or omissions, Plaintiff
1
incurred court cost admin cost, travel cost and resources expenses from 2015-2017.
2

3 153. As a direct and proximate result of the defendants' acts and/or omissions,

4 Margaret Bozgoz experienced anxiety during 17 Dec 2016 -2017 as of current date when she

5 first learned about these acts.

6 154. As a direct and proximate result of the defendants' acts and/or omissions, Elda
7 Yockman experienced anxiety and emotional pain on 23 Dec 2016 during the hearing when
8
Judge Stanley Rumbaugh willfully told her that her mother's case was dismissed with prejudice
9
knowing he did not have subject matter jurisdiction. He and the Defense attorneys purposely and
10
willfully caused emotional stress onto the beneficiary and Margaret Bozgoz.
11
155. As a direct and proximate result of the defendants' acts and/or omissions, the
12
Plaintiffs experienced emotional pain.
13
156. As a direct and proximate result of the defendants' acts and/or omissions,
14

15 Plaintiffs experienced suffering.

16 157. As a direct and proximate result of the defendants' acts and/or omissions,

17 Plaintiffs experienced emotional distress.

18 158. As a direct and proximate result of the defendants' acts and/or omissions,

19 Plaintiffs experienced humiliation.


20 159. As a direct and proximate result of the defendants' acts and/or omissions,
21
Plaintiffs experienced knowledge and fear of her impending rejection and exclusion vs inclusion.
22
160. Under Title II, Discrimination, Title 42 section 126. ADA and HIPAA violation
23
$50,000 for first offense and $100,000 thereafter
24
Violations #1 stated above- Deception $50,000 first offense
25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)
1 X 50,000
1
100,000 X17 = 1.75 Million
2

3 Evidence shows conspiracy to commit fraud against the Plaintiff from start to finish for bringing

4 a Wrongful Death and Civil Rights claim against Zurich the game was rigged, corners were cut,

5 ADA, ADAAA, and First Amendment rights were discarded as this case was built on illegal

6 grounds
7 XV.
PRAYER
8
WHEREFORE, Plaintiff prays for judgment against the defendants in an amount of damages
9
determined to be fair and reasonable as shall be proven at the time of trial and allowed by RCW
10
4.20.010, 4.20.020, 4.20.046, and 4.20.060, HIPAA, ADA, ADAA, Bad Faith, Titles, 1, II, III,
11
Title 42, V, VII, Fraud and RICO, Discrimination, Due Process, FDCPA and every civil right
12
violation rights, plus pre-judgment interest at the highest rate allowed by law, plus taxable costs
13
and disbursements, plus interest on the judgment at the highest rate allowed by law from the date
14

15 the judgment is rendered until paid, and for such other and further relief that the Court deems as

16 just, equitable, and proper in these circumstances.

17 DATED this _______ day of October, 2017.

18

19 Original Signed //S// Original Signed//S//


______________
20 Margaret. Sue Bozgoz Elda Yockman
Attorney-in-Fact for Elda Yockman Beneficiary/Daughter
21 Personal Representative who assigns Margaret
As her Agent
22

23

24

25
Bozgoz, Margaret:
Burr Court Unit A - Fort Meade, MD 20755
410-858-0107 or 540-816-0950 (ADA Advocate)