Preview
BER-L-005508-21 09/09/2022 11:39:44 AM Pg 1 of 2 Trans ID: LCV20223274901
Margaret T. Korgul, Esq. (ID# 025272004)
One Bridge Plaza North, Suite 275
Fort Lee, NJ 07024
P: (973) 986-0372
mkorgul@markorlaw.com
www.markorlaw.com
Attorney for Defendant Fairlawn
Congregation of Jehovah’s Witnesses
SUPERIOR COURT OF NEW JERSEY
CORINNE PANDELO LAW DIVISION: BERGEN COUNTY
Plaintiff, DOCKET NO.: BER-L-005508-21
vs. Civil Action
DEFENDANT FAIRLAWN
CONGREGATION OF JEHOVAH’S
THE GOVERNING BODY OF WITNESSES’ NOTICE OF CROSS-
JEHOVAH’S WITNESSES; FAIRLAWN MOTION FOR SUMMARY JUDGMENT
CONGREGATION OF JEHOVAH’S
WITNESSES; WATCHTOWER BIBLE
AND TRACT SOCIETY OF NEW YORK,
HACKENSACK CONGREGATION OF
JEHOVAH’S WITNESSES; and JOHN
AND JANE DOES 1-100, whose identities
are presently unknown to Plaintiff in their
official and individual capacities
Defendant(s).
TO: All counsel of record via ECF.
PLEASE TAKE NOTICE that the undersigned attorney for Defendant Fairlawn
Congregation of Jehovah’s Witnesses (the “Congregation”) will cross-move before the Superior
Court of New Jersey, Bergen County, Law Division, on September 23, 2022, at 9:00 a.m., or as
soon thereafter as counsel may be heard, for an Order granting summary judgment and dismissing
Plaintiff’s operative pleading as a matter of law.
1
BER-L-005508-21 09/09/2022 11:39:44 AM Pg 2 of 2 Trans ID: LCV20223274901
PLEASE TAKE FURTHER NOTICE that in support hereof, the Congregation relies
upon the letter brief submitted herewith and the Certification of Margaret Korgul with all
attachments thereto.
PLEASE TAKE FURTHER NOTICE that a proposed form of order is enclosed.
PLEASE TAKE FURTHER NOTICE that the Congregation requests oral argument if
this motion is opposed.
Dated: September 9, 2022
MarKorLaw LLC
MARGARET T. KORGUL, ESQ.
By: Margaret Korgul
Margaret T. Korgul, Esq.
One Bridge Plaza North, Suite 275
Fort Lee, NJ 07024
(973) 986-0372
mkorgul@markorlaw.com
Attorney for Defendant Fairlawn
Congregation of Jehovah’s Witnesses
2
BER-L-005508-21 09/09/2022 11:39:44 AM Pg 1 of 2 Trans ID: LCV20223274901
Margaret T. Korgul, Esq. (ID# 025272004)
One Bridge Plaza North, Suite 275
Fort Lee, NJ 07024
P: (973) 986-0372
mkorgul@markorlaw.com
www.markorlaw.com
Attorney for Defendant Fairlawn
Congregation of Jehovah’s Witnesses
SUPERIOR COURT OF NEW JERSEY
CORINNE PANDELO LAW DIVISION: BERGEN COUNTY
Plaintiff, DOCKET NO.: BER-L-005508-21
vs. Civil Action
PROPOSED ORDER
THE GOVERNING BODY OF
JEHOVAH’S WITNESSES; FAIRLAWN
CONGREGATION OF JEHOVAH’S
WITNESSES; WATCHTOWER BIBLE
AND TRACT SOCIETY OF NEW YORK,
HACKENSACK CONGREGATION OF
JEHOVAH’S WITNESSES; and JOHN
AND JANE DOES 1-100, whose identities
are presently unknown to Plaintiff in their
official and individual capacities
Defendant(s).
THIS MATTER having been brought before the Court on cross-motion by Defendant
Fairlawn Congregation of Jehovah’s Witnesses (the “Congregation”), by their attorney Margaret
Korgul, Esq., for an order granting summary judgment; and the Court having considered the
arguments presented, and having satisfied itself that relief is warranted as a matter of law,
IT IS on this _day of ______, 2022;
ORDERED that Defendant Fairlawn Congregation of Jehovah’s Witnesses’ cross-motion
for summary judgment is hereby GRANTED; and it is further
1
BER-L-005508-21 09/09/2022 11:39:44 AM Pg 2 of 2 Trans ID: LCV20223274901
ORDERED that in accordance with Rule 4:6-2(b), all claims contained in Plaintiff’s
operative Complaint are dismissed with prejudice and without leave to refile; and it is further
ORDERED that a copy of this Order shall be served upon all counsel of record within 7
days of counsel’s receipt of same.
___________________________________
Hon. Gregg A. Padovano, J.S.C.
THIS MOTION WAS:
[ ] Opposed [ ] Unopposed
2
BER-L-005508-21 09/09/2022 11:39:44 AM Pg 1 of 2 Trans ID: LCV20223274901
Margaret T. Korgul, Esq. (ID# 025272004)
One Bridge Plaza North, Suite 275
Fort Lee, NJ 07024
P: (973) 986-0372
mkorgul@markorlaw.com
www.markorlaw.com
Attorney for Defendant Fairlawn
Congregation of Jehovah’s Witnesses
SUPERIOR COURT OF NEW JERSEY
CORINNE PANDELO LAW DIVISION: BERGEN COUNTY
Plaintiff,
DOCKET NO.: BER-L-005508-21
vs.
Civil Action
THE GOVERNING BODY OF
JEHOVAH’S WITNESSES; FAIRLAWN
CONGREGATION OF JEHOVAH’S CERTIFICATION OF MARGARET
WITNESSES; WATCHTOWER BIBLE KORGUL, ESQ., IN SUPPORT OF
AND TRACT SOCIETY OF NEW YORK, DEFENDANT FAIRLAWN
HACKENSACK CONGREGATION OF CONGREGATION OF JEHOVAH’S
JEHOVAH’S WITNESSES; and JOHN WITNESSES’ CROSS-MOTION FOR
AND JANE DOES 1-100, whose identities SUMMARY JUDGMENT
are presently unknown to Plaintiff in their
official and individual capacities
Defendant(s).
I, Margaret T. Korgul, Esq., an attorney for Defendant Fairlawn Congregation of
Jehovah’s Witnesses, submit this certification in support of the cross-motion for summary
judgment.
1. On July 20, 2022, Defendants Watchtower Bible and Tract Society of New York,
Inc., and East Hackensack Congregation of Jehovah's Witnesses (collectively, “Defendants”)
filed a motion for summary judgment seeking to dismiss Plaintiffs’ claims against them. See
Docket number LCV20222677645.
BER-L-005508-21 09/09/2022 11:39:44 AM Pg 2 of 2 Trans ID: LCV20223274901
2. The motion is currently returnable on September 23, 2022. See Docket number
LCV20222935324.
3. To avoid wasting judicial resources, Defendant Fairlawn Congregation of
Jehovah’s Witnesses adopts by reference the entire record in Defendants’ filing under the Docket
Number LCV20222677645.
I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.
Dated: September 9, 2022
MarKorLaw LLC
MARGARET T. KORGUL, ESQ.
By: Margaret T. Korgul
Margaret T. Korgul, Esq.
One Bridge Plaza North, Suite 275
Fort Lee, NJ 07024
(973) 986-0372
mkorgul@markorlaw.com
Attorney for Defendant Fairlawn
Congregation of Jehovah’s Witnesses
2
BER-L-005508-21 09/09/2022 11:39:44 AM Pg 1 of 2 Trans ID: LCV20223274901
Margaret T. Korgul, Esq.
One Bridge Plaza North
Suite 275
Fort Lee, NJ 07024
M (973) 986-0372
mkorgul@markorlaw.com | www.markorlaw.com
September 9, 2022
The Honorable Gregg A. Padovano, J.S.C.
Superior Court of New Jersey
Bergen County Courthouse
10 Main Street
Hackensack, New Jersey 07601
Re: Pandelo v. The Governing Body of Jehovah’s Witnesses et al., Docket No.: BER-L-5508-21
Dear Judge Padovano:
My office represents Defendant Fairlawn Congregation of Jehovah’s Witnesses (“Fairlawn
Congregation”) in this litigation. On July 20, 2022, Defendants Watchtower Bible and Tract Society of
New York, Inc., and East Hackensack Congregation of Jehovah's Witnesses (collectively, “Defendants”)
filed a motion for summary judgment seeking to dismiss Plaintiffs’ claims against them. See Korgul
Certification ¶1. The motion is currently returnable on September 23, 2022. See Korgul Certification ¶2.
Fairlawn Congregation joins in the motion and adopts Defendants’ statement of material facts and legal
brief as if fully set forth herein under the Court Docket number LCV20222677645.
Fairlawn Congregation’s cross-motion is a technical one, as Defendants’ arguments are undeniably
correct. Fairlawn Congregation’s objection to the motion is limited to the form of Defendants’ proposed
order, which proposes to dismiss only the claims against Defendants. This narrow relief is at odds with
the balance of Defendants’ papers, which reveal that Plaintiffs has not – and cannot – make out a prima
facie case of negligence or other tort against any defendant in this case.
As Defendants’ moving papers make abundantly clear, Plaintiff Corinne Pandelo’s lawsuit is barred by
the Entire Controversy Doctrine and judicial estoppel. In 1994 Plaintiff commenced a legal action
against her grandfather, her grandmother and her parents for damages stemming from her grandfather’s
sexual abuse. In the 1994 litigation Plaintiff did not name the religious institutional defendants such as
the Fairlawn Congregation in her lawsuit. The only connection between the religious institutional
defendants and her grandfather, Clement Pandelo, was the fact that Plaintiff’s grandfather was a member
of Jehovah’s Witnesses faith. The 1994 litigation lasted for years and culminated in a trial and a jury
verdict where Plaintiff was awarded more than $2 million dollars in compensatory and punitive damages.
The jury also apportioned the total liability for the alleged wrongful acts among the named defendants.
Now, hoping for similar monetary recovery, Plaintiff wishes to relitigate the same claims against new
defendants. The 1994 litigation and this action involve the same Plaintiff and the same underlying
wrongful acts. Plaintiff had all opportunity to collect evidence supporting her claims, but defendants in
this action were denied such opportunity. Close to thirty (30) years have passed since Plaintiff brought
lawsuit involving her childhood abuse. Much of the evidence has spoliated, and the key witness—
Plaintiff’s grandfather--died. Defending this case at this point would be extremely prejudicial to all
defendants in this action.
BER-L-005508-21 09/09/2022 11:39:44 AM Pg 2 of 2 Trans ID: LCV20223274901
This litigation violates the Entire Controversy Doctrine as all the claims Plaintiff asserts are part of a
single larger controversy and arise from interrelated facts already decided by the judge and jury back in
1990s. Plaintiff’s lawsuit is nothing more but another attempt at recovery in action with overlapping
damages.
Had the Fairlawn Congregation been a party to the 1994 litigation, it would undoubtedly have been in a
better position to defend itself against the claims with relevant evidence. Here, as mentioned above,
Clement Pandelo--the alleged perpetrator--passed away and Fairlawn Congregation cannot procure his
testimony as it could have in the 1994 litigation. In addition, had the Fairlawn Congregation known that
it was going to be sued, it would have preserved important documentary evidence and memories of the
witnesses with knowledge of the facts alleged by Plaintiff. This lost evidence would undoubtedly
support Fairlawn Congregation’s defenses.
Furthermore, Plaintiff should be estopped from playing fast and loose with the Court. Plaintiff already
resolved her controversy in one judicial proceeding and successfully litigated her position. Nowhere in
the 1994 litigation did Plaintiff allege any claims against the Fairlawn Congregation or any other
religious institutional defendant. Now Plaintiff attempts to take a position contrary to the one she took
in 1994 and claims that her damages were caused by negligence of the religious institutional defendants.
Principles of judicial estoppel demand that a party be bound by her own earlier representations. Plaintiff
should not be allowed to make same claims for same damages against new defendants, especially when
Plaintiff already recovered her damages in the 1994 litigation. Plaintiff’s attempted recovery against the
Fairlawn Congregation would result in a double recovery which is precisely prohibited by the Entire
Controversy Doctrine and contrary to the principles of judicial estoppel.
The Court should therefore grant summary judgment dismissing all parties as a matter of law, not just
Defendants.
A proposed form of order setting forth this relief is attached hereto for the Court’s review.
I thank the Court for its continued consideration.
Respectfully submitted,
Margaret T. Korgul
Margaret T. Korgul, Esq.
Cc: All Counsel of Record
Page 2
BER-L-005508-21 09/09/2022 11:39:44 AM Pg 1 of 2 Trans ID: LCV20223274901
Margaret T. Korgul, Esq. (ID# 025272004)
One Bridge Plaza North, Suite 275
Fort Lee, NJ 07024
P: (973) 986-0372
mkorgul@markorlaw.com
www.markorlaw.com
Attorney for Defendant Fairlawn
Congregation of Jehovah’s Witnesses
SUPERIOR COURT OF NEW JERSEY
CORINNE PANDELO LAW DIVISION: BERGEN COUNTY
Plaintiff, DOCKET NO.: BER-L-005508-21
vs. Civil Action
CERTIFICATION OF SERVICE
THE GOVERNING BODY OF
JEHOVAH’S WITNESSES; FAIRLAWN
CONGREGATION OF JEHOVAH’S
WITNESSES; WATCHTOWER BIBLE
AND TRACT SOCIETY OF NEW YORK,
HACKENSACK CONGREGATION OF
JEHOVAH’S WITNESSES; and JOHN
AND JANE DOES 1-100, whose identities
are presently unknown to Plaintiff in their
official and individual capacities
Defendant(s).
I, Margaret T. Korgul, hereby certify as follows:
On September 9, 2022, I caused to be served via electronic filing and service through e-Courts
and e-mail on all counsel of record the following: Defendant Fairlawn Congregation of Jehovah’s
Witnesses’ Cross-Motion for Summary Judgment with Certification of Counsel; Letter Brief and
a copy of the Proposed Order.
I hereby certify that the foregoing statements made by me are true. I am aware that if any of
the foregoing statements made by me are willfully false, I am subject to punishment.
1
BER-L-005508-21 09/09/2022 11:39:44 AM Pg 2 of 2 Trans ID: LCV20223274901
Dated: Fort Lee, New Jersey
MARKORLAW LLC
By: /s/ Margaret T. Korgul
Margaret T. Korgul (Atty. ID: 025272004)
One Bridge Plaza North, Suite 275
Fort Lee, New Jersey 07024
P: (973) 986-0372
Email: mkorgul@markorlaw.com
Attorney for Defendant Fairlawn
Congregation of Jehovah’s Witnesses
2
Preview
BER-L-005508-21 09/09/2022 11:39:44 AM Pg 1 of 2 Trans ID: LCV20223274901 Margaret T. Korgul, Esq. (ID# 025272004) One Bridge Plaza North, Suite 275 Fort Lee, NJ 07024 P: (973) 986-0372 mkorgul@markorlaw.com www.markorlaw.com Attorney for Defendant Fairlawn Congregation of Jehovah’s Witnesses SUPERIOR COURT OF NEW JERSEY CORINNE PANDELO LAW DIVISION: BERGEN COUNTY Plaintiff, DOCKET NO.: BER-L-005508-21 vs. Civil Action DEFENDANT FAIRLAWN CONGREGATION OF JEHOVAH’S THE GOVERNING BODY OF WITNESSES’ NOTICE OF CROSS- JEHOVAH’S WITNESSES; FAIRLAWN MOTION FOR SUMMARY JUDGMENT CONGREGATION OF JEHOVAH’S WITNESSES; WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK, HACKENSACK CONGREGATION OF JEHOVAH’S WITNESSES; and JOHN AND JANE DOES 1-100, whose identities are presently unknown to Plaintiff in their official and individual capacities Defendant(s). TO: All counsel of record via ECF. PLEASE TAKE NOTICE that the undersigned attorney for Defendant Fairlawn Congregation of Jehovah’s Witnesses (the “Congregation”) will cross-move before the Superior Court of New Jersey, Bergen County, Law Division, on September 23, 2022, at 9:00 a.m., or as soon thereafter as counsel may be heard, for an Order granting summary judgment and dismissing Plaintiff’s operative pleading as a matter of law. 1 BER-L-005508-21 09/09/2022 11:39:44 AM Pg 2 of 2 Trans ID: LCV20223274901 PLEASE TAKE FURTHER NOTICE that in support hereof, the Congregation relies upon the letter brief submitted herewith and the Certification of Margaret Korgul with all attachments thereto. PLEASE TAKE FURTHER NOTICE that a proposed form of order is enclosed. PLEASE TAKE FURTHER NOTICE that the Congregation requests oral argument if this motion is opposed. Dated: September 9, 2022 MarKorLaw LLC MARGARET T. KORGUL, ESQ. By: Margaret Korgul Margaret T. Korgul, Esq. One Bridge Plaza North, Suite 275 Fort Lee, NJ 07024 (973) 986-0372 mkorgul@markorlaw.com Attorney for Defendant Fairlawn Congregation of Jehovah’s Witnesses 2 BER-L-005508-21 09/09/2022 11:39:44 AM Pg 1 of 2 Trans ID: LCV20223274901 Margaret T. Korgul, Esq. (ID# 025272004) One Bridge Plaza North, Suite 275 Fort Lee, NJ 07024 P: (973) 986-0372 mkorgul@markorlaw.com www.markorlaw.com Attorney for Defendant Fairlawn Congregation of Jehovah’s Witnesses SUPERIOR COURT OF NEW JERSEY CORINNE PANDELO LAW DIVISION: BERGEN COUNTY Plaintiff, DOCKET NO.: BER-L-005508-21 vs. Civil Action PROPOSED ORDER THE GOVERNING BODY OF JEHOVAH’S WITNESSES; FAIRLAWN CONGREGATION OF JEHOVAH’S WITNESSES; WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK, HACKENSACK CONGREGATION OF JEHOVAH’S WITNESSES; and JOHN AND JANE DOES 1-100, whose identities are presently unknown to Plaintiff in their official and individual capacities Defendant(s). THIS MATTER having been brought before the Court on cross-motion by Defendant Fairlawn Congregation of Jehovah’s Witnesses (the “Congregation”), by their attorney Margaret Korgul, Esq., for an order granting summary judgment; and the Court having considered the arguments presented, and having satisfied itself that relief is warranted as a matter of law, IT IS on this _day of ______, 2022; ORDERED that Defendant Fairlawn Congregation of Jehovah’s Witnesses’ cross-motion for summary judgment is hereby GRANTED; and it is further 1 BER-L-005508-21 09/09/2022 11:39:44 AM Pg 2 of 2 Trans ID: LCV20223274901 ORDERED that in accordance with Rule 4:6-2(b), all claims contained in Plaintiff’s operative Complaint are dismissed with prejudice and without leave to refile; and it is further ORDERED that a copy of this Order shall be served upon all counsel of record within 7 days of counsel’s receipt of same. ___________________________________ Hon. Gregg A. Padovano, J.S.C. THIS MOTION WAS: [ ] Opposed [ ] Unopposed 2 BER-L-005508-21 09/09/2022 11:39:44 AM Pg 1 of 2 Trans ID: LCV20223274901 Margaret T. Korgul, Esq. (ID# 025272004) One Bridge Plaza North, Suite 275 Fort Lee, NJ 07024 P: (973) 986-0372 mkorgul@markorlaw.com www.markorlaw.com Attorney for Defendant Fairlawn Congregation of Jehovah’s Witnesses SUPERIOR COURT OF NEW JERSEY CORINNE PANDELO LAW DIVISION: BERGEN COUNTY Plaintiff, DOCKET NO.: BER-L-005508-21 vs. Civil Action THE GOVERNING BODY OF JEHOVAH’S WITNESSES; FAIRLAWN CONGREGATION OF JEHOVAH’S CERTIFICATION OF MARGARET WITNESSES; WATCHTOWER BIBLE KORGUL, ESQ., IN SUPPORT OF AND TRACT SOCIETY OF NEW YORK, DEFENDANT FAIRLAWN HACKENSACK CONGREGATION OF CONGREGATION OF JEHOVAH’S JEHOVAH’S WITNESSES; and JOHN WITNESSES’ CROSS-MOTION FOR AND JANE DOES 1-100, whose identities SUMMARY JUDGMENT are presently unknown to Plaintiff in their official and individual capacities Defendant(s). I, Margaret T. Korgul, Esq., an attorney for Defendant Fairlawn Congregation of Jehovah’s Witnesses, submit this certification in support of the cross-motion for summary judgment. 1. On July 20, 2022, Defendants Watchtower Bible and Tract Society of New York, Inc., and East Hackensack Congregation of Jehovah's Witnesses (collectively, “Defendants”) filed a motion for summary judgment seeking to dismiss Plaintiffs’ claims against them. See Docket number LCV20222677645. BER-L-005508-21 09/09/2022 11:39:44 AM Pg 2 of 2 Trans ID: LCV20223274901 2. The motion is currently returnable on September 23, 2022. See Docket number LCV20222935324. 3. To avoid wasting judicial resources, Defendant Fairlawn Congregation of Jehovah’s Witnesses adopts by reference the entire record in Defendants’ filing under the Docket Number LCV20222677645. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Dated: September 9, 2022 MarKorLaw LLC MARGARET T. KORGUL, ESQ. By: Margaret T. Korgul Margaret T. Korgul, Esq. One Bridge Plaza North, Suite 275 Fort Lee, NJ 07024 (973) 986-0372 mkorgul@markorlaw.com Attorney for Defendant Fairlawn Congregation of Jehovah’s Witnesses 2 BER-L-005508-21 09/09/2022 11:39:44 AM Pg 1 of 2 Trans ID: LCV20223274901 Margaret T. Korgul, Esq. One Bridge Plaza North Suite 275 Fort Lee, NJ 07024 M (973) 986-0372 mkorgul@markorlaw.com | www.markorlaw.com September 9, 2022 The Honorable Gregg A. Padovano, J.S.C. Superior Court of New Jersey Bergen County Courthouse 10 Main Street Hackensack, New Jersey 07601 Re: Pandelo v. The Governing Body of Jehovah’s Witnesses et al., Docket No.: BER-L-5508-21 Dear Judge Padovano: My office represents Defendant Fairlawn Congregation of Jehovah’s Witnesses (“Fairlawn Congregation”) in this litigation. On July 20, 2022, Defendants Watchtower Bible and Tract Society of New York, Inc., and East Hackensack Congregation of Jehovah's Witnesses (collectively, “Defendants”) filed a motion for summary judgment seeking to dismiss Plaintiffs’ claims against them. See Korgul Certification ¶1. The motion is currently returnable on September 23, 2022. See Korgul Certification ¶2. Fairlawn Congregation joins in the motion and adopts Defendants’ statement of material facts and legal brief as if fully set forth herein under the Court Docket number LCV20222677645. Fairlawn Congregation’s cross-motion is a technical one, as Defendants’ arguments are undeniably correct. Fairlawn Congregation’s objection to the motion is limited to the form of Defendants’ proposed order, which proposes to dismiss only the claims against Defendants. This narrow relief is at odds with the balance of Defendants’ papers, which reveal that Plaintiffs has not – and cannot – make out a prima facie case of negligence or other tort against any defendant in this case. As Defendants’ moving papers make abundantly clear, Plaintiff Corinne Pandelo’s lawsuit is barred by the Entire Controversy Doctrine and judicial estoppel. In 1994 Plaintiff commenced a legal action against her grandfather, her grandmother and her parents for damages stemming from her grandfather’s sexual abuse. In the 1994 litigation Plaintiff did not name the religious institutional defendants such as the Fairlawn Congregation in her lawsuit. The only connection between the religious institutional defendants and her grandfather, Clement Pandelo, was the fact that Plaintiff’s grandfather was a member of Jehovah’s Witnesses faith. The 1994 litigation lasted for years and culminated in a trial and a jury verdict where Plaintiff was awarded more than $2 million dollars in compensatory and punitive damages. The jury also apportioned the total liability for the alleged wrongful acts among the named defendants. Now, hoping for similar monetary recovery, Plaintiff wishes to relitigate the same claims against new defendants. The 1994 litigation and this action involve the same Plaintiff and the same underlying wrongful acts. Plaintiff had all opportunity to collect evidence supporting her claims, but defendants in this action were denied such opportunity. Close to thirty (30) years have passed since Plaintiff brought lawsuit involving her childhood abuse. Much of the evidence has spoliated, and the key witness— Plaintiff’s grandfather--died. Defending this case at this point would be extremely prejudicial to all defendants in this action. BER-L-005508-21 09/09/2022 11:39:44 AM Pg 2 of 2 Trans ID: LCV20223274901 This litigation violates the Entire Controversy Doctrine as all the claims Plaintiff asserts are part of a single larger controversy and arise from interrelated facts already decided by the judge and jury back in 1990s. Plaintiff’s lawsuit is nothing more but another attempt at recovery in action with overlapping damages. Had the Fairlawn Congregation been a party to the 1994 litigation, it would undoubtedly have been in a better position to defend itself against the claims with relevant evidence. Here, as mentioned above, Clement Pandelo--the alleged perpetrator--passed away and Fairlawn Congregation cannot procure his testimony as it could have in the 1994 litigation. In addition, had the Fairlawn Congregation known that it was going to be sued, it would have preserved important documentary evidence and memories of the witnesses with knowledge of the facts alleged by Plaintiff. This lost evidence would undoubtedly support Fairlawn Congregation’s defenses. Furthermore, Plaintiff should be estopped from playing fast and loose with the Court. Plaintiff already resolved her controversy in one judicial proceeding and successfully litigated her position. Nowhere in the 1994 litigation did Plaintiff allege any claims against the Fairlawn Congregation or any other religious institutional defendant. Now Plaintiff attempts to take a position contrary to the one she took in 1994 and claims that her damages were caused by negligence of the religious institutional defendants. Principles of judicial estoppel demand that a party be bound by her own earlier representations. Plaintiff should not be allowed to make same claims for same damages against new defendants, especially when Plaintiff already recovered her damages in the 1994 litigation. Plaintiff’s attempted recovery against the Fairlawn Congregation would result in a double recovery which is precisely prohibited by the Entire Controversy Doctrine and contrary to the principles of judicial estoppel. The Court should therefore grant summary judgment dismissing all parties as a matter of law, not just Defendants. A proposed form of order setting forth this relief is attached hereto for the Court’s review. I thank the Court for its continued consideration. Respectfully submitted, Margaret T. Korgul Margaret T. Korgul, Esq. Cc: All Counsel of Record Page 2 BER-L-005508-21 09/09/2022 11:39:44 AM Pg 1 of 2 Trans ID: LCV20223274901 Margaret T. Korgul, Esq. (ID# 025272004) One Bridge Plaza North, Suite 275 Fort Lee, NJ 07024 P: (973) 986-0372 mkorgul@markorlaw.com www.markorlaw.com Attorney for Defendant Fairlawn Congregation of Jehovah’s Witnesses SUPERIOR COURT OF NEW JERSEY CORINNE PANDELO LAW DIVISION: BERGEN COUNTY Plaintiff, DOCKET NO.: BER-L-005508-21 vs. Civil Action CERTIFICATION OF SERVICE THE GOVERNING BODY OF JEHOVAH’S WITNESSES; FAIRLAWN CONGREGATION OF JEHOVAH’S WITNESSES; WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK, HACKENSACK CONGREGATION OF JEHOVAH’S WITNESSES; and JOHN AND JANE DOES 1-100, whose identities are presently unknown to Plaintiff in their official and individual capacities Defendant(s). I, Margaret T. Korgul, hereby certify as follows: On September 9, 2022, I caused to be served via electronic filing and service through e-Courts and e-mail on all counsel of record the following: Defendant Fairlawn Congregation of Jehovah’s Witnesses’ Cross-Motion for Summary Judgment with Certification of Counsel; Letter Brief and a copy of the Proposed Order. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. 1 BER-L-005508-21 09/09/2022 11:39:44 AM Pg 2 of 2 Trans ID: LCV20223274901 Dated: Fort Lee, New Jersey MARKORLAW LLC By: /s/ Margaret T. Korgul Margaret T. Korgul (Atty. ID: 025272004) One Bridge Plaza North, Suite 275 Fort Lee, New Jersey 07024 P: (973) 986-0372 Email: mkorgul@markorlaw.com Attorney for Defendant Fairlawn Congregation of Jehovah’s Witnesses 2