Oct. 10
Jason Schaeffer and Lindsey Schaeffer v. Kia Motors America Inc. and Bill Baisey Automotives LLC
PA-Stephen G. Skinner; J- Thomas Steptoe Jr.
* The Schaeffers say a Kia Sedona minivan they purchased May 28, 2006, from Baisey was a lemon. They seek a refund of purchase price, damages for loss of use, punitive damages and expert fees.
Case number: 06-C-341

Oct. 11
John E. DeRonda, Candice J. DeRonda and Anthony E. DeRonda v. Gregory F. Williams Jr. and Susan L. Williams
PA-John Skinner Jr.; J-Thomas Steptoe Jr.
* The DeRondas say Gregory Williams was to blame for an Oct. 16, 2004, accident that left their son permanently injured. They seek $54,000 in compensatory damages.
Case number: 06-C-342

CHARLES TOWN – A Jefferson County man blames Sheetz for allowing oil to collect on a parking lot in one of two lawsuits recently filed by a Martinsburg attorney.

George Nichols says an oily substance caused his slip and fall and filed a lawsuit Oct. 13 in Jefferson Circuit Court against Sheetz, Inc., and is represented by Mark Jenkinson of Burke, Schultz, Harman and Jenkinson.

Nichols says he suffered severe and permanent injuries Oct. 15, 2004, as a result of the convenience store and gas station failing to keep its parking lot oil-free.

“Nichols was exiting his vehicle when he slipped in a gray oily substance and was injured as a direct and proximate result of the negligence of the defendant,” the complaint says.

As a result of the fall, Nichols says he has paid more than $15,000 in medical expenses for which he seeks compensation, along with physical pain, emotional distress, mental anguish, loss of the capacity to enjoy life, loss of income, loss of capacity to earn income and permanent injury.

The alleged incident occurred at the Sheetz in Kearneysville.

Jenkinson’s other client is Robin King of Missouri. She says she was injured Dec. 9, 2004, at the Clarion Hotel and Conference Center in Shepherdstown, though her complaint does not specify how.

She is suing The Federal Group, Inc., doing business as the Clarion Hotel.

“The defendant … negligently failed to maintain their premises in a safe condition and they negligently violated their duty of reasonable care towards Robin King under all circumstances,” says the complaint, filed Oct. 13.

King says she has suffered severe and permanent injuries, extreme physical pain, emotional distress, mental anguish, loss of the capacity to enjoy life, permanent injury, $15,400 in medical expenses, loss of income and loss of the capacity to earn income, and seeks compensation.

Jefferson Circuit Court case numbers 06-C-344 and 06-C-345

Oct. 13
Robin King v. The Federal Group Inc. d/b/a Clarion Hotel and Conference Center
PA-Mark Jenkinson; J-Thomas Steptoe
* King alleges she was injured while staying at the Clarion on Dec. 9, 2004. She claims the hotel failed to maintain the premises. She has $15,400 in medical bills. She seeks compensatory damages.
Case number: 06-C-344

George F. Nichols v. Sheetz Inc.
PA-Mark Jenkinson; J-Thomas Steptoe Jr.
* Nichols alleges that on Oct. 15, 2004, he slipped on an oily substance while a customer at Sheetz. He claims, among other things, he suffered physical pain and emotional distress. He has incurred more than $15,000 in medical bills and expects more. He seeks compensatory damages, pre- and post-judgment interest, attorney
fees and costs.
Case number: 06-C-345

Oct. 13
Jason Harder v. Wesley A. Harder and Andrew Geisler
PA-Lawrence Schultz; J-Thomas Steptoe Jr.
* On Oct. 19, 2004, Jason Harder was a passenger in a car owned by Geisler and driven by Wesley Harder when it was involved in an accident. Jason Harder claims Wesley Harder was at fault and seeks $30,000 in compensatory and punitive damages plus costs.
Case number: 06-C-346

Oct. 24
Daniel Hatmaker Jr. v. Stone Excavating and Hauling LLC, Wayne E. Stone, member and officer of Stone Excavating & Hauling LLC, Melynda S. Wilcom-Stone, managing member of Stone Excavating & Hauling Inc.
PA- Tammy Mitchell Bittorff; J-Thomas Steptoe Jr.
* Hatmaker was employed by Stone Excavating from June 2003 to March 2006, during which time he claims he worked in excess of 40 hours a week. He claims the company failed to pay overtime wages under the Fair Labor Standards Act. He is seeking his unpaid overtime wages, interest and attorney fees.
Case number: 06-C-350

Oct. 27
Jesse Lee Teitel v. Brian Edward Kees
PA-James Kratovil; J-Thomas Steptoe Jr.
* On Aug. 15, 2006, Teitel was involved in an automobile accident. Kees was the other driver. Teitel claims he sustained physical and emotional injuries from the accident, in addition to loss of wages.
Case number: 06-C-357

Nov. 2
Marilyn Keesecker, Bettrina Truitt and Lorelei Freshman v. Avon Hill Farms Inc. and Mervin E. Roderick II
PA-William J. Powell and Kathy M. Santa Barbara; J-Thomas Steptoe Jr.
* The plaintiffs, who are shareholders, believe Roderick, manager and majority stockholder of Avon Hill, withheld financial information relating to Avon Hill’s taxable income and losses. The women question the sale of real estate that total more than $1 million and checks written on the Avon Hills checking account totaling more than $733,000. The plaintiffs demand compensatory, treble and punitive damages.
Case number: 06-C-368

Nov. 6
Mary Elizabeth Callar, individually and as administrator of the estate of Donna Callar, deceased v. Charles Robert Brewer and H.F. Properties Inc.
PA-J. Michael Cassell; J-Thomas Steptoe Jr.
* Mary Elizabeth Callar is the sister of the late Donna Callar. H.F. Properties is a corporation that was owned equally by Brewer and the late Callar. At the time of her sister’s death, H.F. Properties had more than $8,000 in a bank account, with more than $2,000 being collected monthly from rental properties. In addition, Mary Elizabeth Callar claims Brewer owes $14,000 for boarding and training of horses. She also discovered her sister’s debt of $90,000 was through investments made with H.F. She is seeking $14,000 plus unspecified damages, a full account of corporate assets, a constructive trust upon the real and personal property and that
Brewer be responsible for paying half of her sister’s debt. NOTE: This case was settled and dismissed with prejudice on Aug. 15, 2007.
Case number: 06-C-372

Nov. 9
Warren Long Jr. v. Abraham Ybarra and Christian Welch
PA-Stephen Skinner; J- Thomas Steptoe Jr.
* Long claims that he was bitten by a pit bull owned by Ybarra and Welch on July 21, 2006. Because of the injuries, Long states he was unable to return to work. He is asking for compensatory damages as well as punitive damages of $100,000 as well as cost of past and future medical bills.
Case number: 06-C-377

Nov. 13
Sigernia L. Carper v. Diane V. Fillinger and James Van Fillinger
PA-David Camilletti; J-Thomas Steptoe Jr.
* Carper is the mother of Diane Fillinger. Carper claims that on May 15, 2003, she deeded to her daughter and her son-in-law a parsal of land in Kearneysville. No money was exchanged, just an agreement for the lifetime care of Carper and upkeep of the property. She is claiming the Fillingers mistreated her and that she wasn’t allowed to return to the property. Carper is claiming breach of contract, fraud, conversion and unjust enrichment. She is asking that the revoke the court revoke the deed and she can retain full rights to the land.
Case number: 06-C-378

Nov. 14
Roberto Alvarez Jr. v. Vixen’s LLC d/b/a Vixens Club and John Does 1-25
PA-Stephen Skinner; J-Thomas Steptoe Jr.
* Alvarez claims he was beaten by a Vixen’s employee in the parking lot resulting in a several injuries. Alvarez is claiming assault and battery; intentional infliction of emotional distress; willful and wanton conflict; gross negligence; negligence. He is seeking compensatory and punitive damages for each count.
Case number: 06-C-387

Nov. 15
Larry Burgee v. Judy Greene, Account Executive NBC Channel 25
PA-pro se; J-Thomas Steptoe Jr.
* Burgee is landlord to the home Greene was renting. She was recently
arrested for hoarding dogs on his premise. He is seeking reimbursement of repair for damage caused by a leaking roof, for dogs in house because of the trash and “overwhelming” stench found in the house, for landscaping, court cost and $16,800 for the remainder of her lease.
Case number: 06-C-386

CHARLES TOWN – A Jefferson County man says two people were harboring a vicious pit bull, which violently attacked and bit him.

Warren Long is suing Abraham Ybarra and Christian Welch in Jefferson Circuit Court over the alleged incident. The lawsuit was received Nov. 9.

It says that Long, on July 21, was bitten on a public road where the dog was not properly guarded or confined.

“While Defendants’ dog was so kept, and while Plaintiff was properly walking along the road adjacent to Defendants’ premises, the dog viciously and violently attacked and bit Plaintiff on his hand and arm, puncturing the skin,” the suit says. “As a result, Plaintiff has become permanently disabled and permanently disfigured.”

The dog bite, Long says, has impacted his job as a laborer by causing him to miss work and be laid off and resulted in him contracting Methicillin Resistant Staphylococcus Aureus. That has caused him disfigurement, mental anguish and pain, he says.

“Plaintiff is informed and believes, and therefore alleges, that the injuries and disfigurement are permanent, and that by reason of the wrongful acts of Defendants, Plaintiff suffered severe mental shock, to Plaintiff’s further damage,” the complaint says.

He charges the defendants with violating the Jefferson County Dog Ordinance and negligence, and makes a $100,000 claim for punitive damages.

Stephen Skinner of Nichols and Skinner in Charles Town is representing Long.

Judge Thomas Steptoe Jr. has been assigned the case.

Jefferson Circuit Court case number 06-C-377

CHARLES TOWN – A Virginia man says he was placed in a chokehold and thrown to the ground at a Bunker Hill strip club and has filed a lawsuit seeking $1.5 million.

Roberto Alvarez Jr. of Ashburn entered the suit Nov. 14 into Jefferson Circuit Court against Vixens Club. The alleged incident took place Jan. 6.

Alvarez said that the women he was accompanying were asked to dance in a cage onstage repeatedly and refused each time. Shortly after, the complaint adds, a Vixens employee accused Alvarez’ friend Billy Meier of giving two of the underage women alcohol.

Meier made a comment and was physically thrown out, with the employees spraying him with mace while he was on the ground, Alvarez asserts.

“While all this was occurring, and without any justification whatsoever, another Vixens Club employee/agent pinned Mr. Alvarez against the wall and put him in a chokehold,” the complaint says. “The employee/agent held Mr. Alvarez in the chokehold for several seconds, rendering him unable to breathe.”

The complaint adds that the employees banged his head against a window and was thrown out, and while on the ground another employee stomped on his right ankle.

“Additionally, while Mr. Alvarez was on the ground and yelling for help, several Vixens Club employees/agents ran right past him without making any attempt to aid Mr. Alvarez,” the complaint says. “When the employees/agents returned to the club’s entrance several minutes later, they merely walked by Mr. Alvarez ignoring his pleas for help.”

Alvarez says that he had surgery on his ankle, requiring several screws. He charges the defendants with assault and battery, intentional infliction of emotional distress, negligent hiring/retention and willful and wanton conduct.

For compensatory damages, he seeks $500,000. For punitive damages, he seeks $1 million.

Stephen Skinner of Nichols and Skinner in Charles Town is representing Alvarez.

Judge Thomas Steptoe Jr. has been assigned the case.

Jefferson Circuit Court case number 06-C-387

Nov. 22
Biltrite Homes Corp, The Groh Realty Co. and Vincent R. Groh v. Shenandoah Equine Investment LLC.
PA-Tracey Rohrbaugh; J-Thomas Steptoe Jr.
* In 2004, Biltrite Homes Corp. entered a lease of a 100 acres with Shenandoah Equine. As of 2006,Shenandoah Equine owes $39,500 in back rent. Biltrite wants the rent plus the organization to vacate the property.
Case number: 06-C-391

Nov. 22
Rebecca Long v. Dolgen Corp Inc. d/b/a Dollar General
PA-Terrace L. Britt; J-Thomas Steptoe Jr.
* Long claims while visiting the Dollar General she fell on shelving that was on the floor. She is seeking money for her suffering for her injuries.
Case number: 06-C-392

Nov. 22
Richard Chamblin v. TBC Real Estate Corp. d/b/a Complete Building Services
PA-David Hammer; J-Thomas Steptoe Jr.
* Chamblin was employed by TBC from March 98 to October 2006 at $24.16 an hour. He claims he was not paid wages for time within 72 hours of date of termination. He is seeking all the relief for which he is entitled.
Case number: 06-C-393

Nov. 27
Winchester Medical Center v. Leann Ponikvar
PA-John Balenovich; J-Thomas Steptoe Jr.
* The hospital is seeking $39,070.20 for accrued medical bills.
Case number: 06-C-394

CHARLES TOWN – A Jefferson County woman says she tripped and fell while shopping at a Dollar General store and is suing.

Rebecca Long filed the suit Nov. 22 in Jefferson Circuit Court against Dolgencorp, Inc., claiming that on Oct. 19 she tripped over shelving that had been placed on the floor.

“The shelving on the floor was in the nature of a hidden danger, trap, snare, pitfall or the like,” the complaint says. “The shelving on the floor was neither known nor obvious to the plaintiff.

“The shelving on the floor was not a normal, obvious or ordinary risk attendant to the use of the premises.”

Long says Dollar General had a right to maintain its premises in a reasonably safe condition but failed.

“The defendant has breached its duties of care owed to Plaintiff,” the complaint says.

She seeks compensation for injuries to her body chemistry and psyche, as well as pain, medical expenses, lost earnings, diminished capacity to earn and the ability to “enjoy a normal and productive life.”

Martinsburg attorney Terrance Britt is representing the plaintiff.

Judge Thomas Steptoe Jr. has been assigned the case.

Jefferson Circuit Court case number 06-C-392

CHARLES TOWN – A Jefferson County woman says she was promised her house would be sold and the proceeds would go toward building a new one, but instead her daughter stabbed her in the back.

Sigernia Carper of Ranson filed a lawsuit against her daughter and her husband, Diane and James Van Fillinger, Nov. 13 in Jefferson Circuit Court.

Carper says that her husband William died in March 2005, leaving her with their house. A few months later, the defendants asked that she move in with them while they sold her house, and the money from the sale would be used for the building of a new house that included a separate apartment in which Carper would live, according the complaint.

“The defendants failed to sell the real property and never commenced construction of the proposed residence,” the complaint says.

Carper adds that the two rented out her old house with a rent-to-own option and kept the money for themselves. She charges her daughter and son-in-law with breach of contract, fraud, conversion and unjust enrichment.

“The plaintiff was not permitted to return to the Kearneysville property to which she still has the right of a life estate,” the complaint says.

David Camilletti of Charles Town law firm Campbell, Miller and Zimmerman is representing Carper.

Judge Thomas Steptoe Jr. has been assigned the complaint.

Jefferson Circuit Court case number 06-C-378

Nov. 29
Bruce A. Megargee v. Mark E. Roper
PA-Terrance Britt; J-Thomas Steptoe Jr.
* Megargee claims Roper, who was driving a truck, hit him while he was crossing the street. He was allegedly injured during the accident and is seeking an amount sufficient for his medical bills and loss of wages as well as attorney fees.
Case number: 06-C-397

Dec. 4
Judith Greene v. Larry Burgee
PA-pro se; J-Thomas Steptoe Jr.
* Greene is counter suing Burgee for claims he made in case number 06-C-386. She claims she does not owe him back rent. Greene also claims that she was unable to remove her items from the home because Burgee changed the locks. She is willing to reimburse Burgee for the cost of cleaning, however, she is seeking a list of personal property.
Case number: 06-C-400

Dec. 5
Samuel Futrell v. Sam Kyun Yoon and Tasha Keller Catrow, Trustee
PA-James Kratovil; J-Thomas Steptoe Jr.
* Futrell and Yoon have seized possessed a lot in Robins-Bolso Subdivision in Charles Town. The land is subject to a deed of trust and want to make co-owners defendants as well as make James Kratovil special commissioner. Because it is a single family dwelling, the lot is not susceptible to partion of any kind.
Case number: 06-C-403

Dec. 6
Roger Ellis, Beverly Ellis, Linda Mortl, Donna Roberts, David Ellis v. Dennis D. Ellis, executor of the estate of Thelma Lloyd and Dennis D. Ellis, individually
PA-James Kratovil; J-Thomas Steptoe Jr.
* Roger Ellis and all believe that Thelma Lloyd was in a diminished
state of physical and mental health that she lacked testamentary capacity to execute her will. They are claiming fraud in the procurement of the will, tortuous interference with inheritance, breach of fiduciary duties as well want an injunction to prevent Dennis D. Ellis of selling any of Lloyd’s property. They are requesting a jury trail.
Case number 06-C-404

Dec. 8
Howard Trail v. Daimler Chrysler Corp.
PA-James Kratovil; J-Thomas Steptoe Jr.
* Trail purchased a 2005 Dodge Dakota for $28,702 with a trade in
vehicle of $12,000. He claims he had problems with the truck immediately. He had returned the car to the dealership eight times for repairs. He is seeking for the refund of the purchase price and is seeking of damages for the loss of use, annoyance an inconvenience as well as additional costs.
Case number: 06-C-407

Vivian Roth and Michelle Beckner, co-personal representatives of the estate of Billy Wayne Carroll, deceased v. Ronald E. Marcus, Terry L. Marcus, Lana S. Shultz and Karen K. Lack doing business as Marcus Enterprises, a partnership; Marcus Enterprises Inc. and Marcus Enterprises LLC, its successor; Marcus Townhomes LLC and C. Leeds Corbin d/b/a CL Corbin Construction
PA-Robert D. Aitchenson, David Greenburg and Christopher D. Janelle; J-Thomas Steptoe Jr.
* Roth and Beckner claim that Carroll was shocked and killed while
installing material on a construction site for Marcus Enterprises. Carroll’s representatives claim the construction company didn’t receive the proper approval from the City of Ranson or the power company. Carroll’s estate claims to have sustained damages and losses and is seeking for medical and related expenses of $23,000 as well as funeral expenses of $11,5000. The plaintiffs demand a trial by jury.
Case number: 06-C-408

Shepherdstown Men’s Club Foundation Inc. v. Jefferson County Board of Zoning Appeals, Twin Oaks Subdivision LLC, Peter Corum, Twin Oaks Subdivision LLC and J. Edward Slonaker
PA-Braun A. Hamstead; J-Thomas Steptoe Jr.
* The Men’s Club claims that application for Twin Oaks Subdivision was improperly executed and the Board of Zoning Appeals failed to identify the owners of the real estate. The club is seeking a petition of writ certiorari. A hearing has been set for 10 a.m. Feb. 8 in the Jefferson County Courthouse, 100 E. Washington St., 2nd Floor, Charles Town.
Case number: 06-C-409

CHARLES TOWN – The estate of a man killed while working near power lines is suing a Charles Town business that was engaged in the building of townhouses in Ranson.

Vivian Roth and Michelle Beckner, co-representatives of the Estate of Billy Wayne Carroll, filed the lawsuit Dec. 8 in Jefferson Circuit Court.

They allege that Marcus Enterprises did not following the plans approved by the Jefferson Zoning Board and ended up causing Carroll’s death.

Believed partners Ronald Marcus, Terry Marcus, Lana Shultz and Karen Lack are also listed as defendants, as is C. Leeds Corbin.

The lawsuit says that on Feb. 2, 2005,Corbin and Carroll were subcontractors when building began.

“On that date, he was injured while installing aluminum drip edge material on the building addition to a townhouse within the Townes at Marshall Square on an end lot,” the complaint says.

“Specifically, injuries from the electrical shock and/or the electrical shock causing him to fall from the scaffold 24 feet to the ground, thereby causing Billy Wayne Carroll’s death.”

The complaint blames the defendant for providing too little clearance between the building and the power line where Carroll was working. It says Ronald Marcus and Corbin failed to “competently manage the construction site so as to avoid the injury to and death of Plaintiffs’ decedent.”

It also says Corbin failed to require Marcus Enterprises to comply with the applicable safety standards.

“Billy Wayne Carroll died intestate as a proximate result of injuries caused by the negligence of the defendants,” the complaint says.

It adds that he his survived by his daughter Heather and parents Vivian Roth and Alec Carroll.

The estate seeks compensatory damages, including $23,000 for medical expenses and $11,500 for funeral expenses.

“The construction of the ‘bump out’ was a material alteration of the structure of the townhouse which was not part of the plans approved by the City of Ranson,” the complaint says.

The suit also seeks punitive damages.

Charles Town attorney Robert Aitcheson is representing the plaintiffs.

Judge Thomas Steptoe Jr. has been assigned the case.

Jefferson Circuit Court case number 06-C-408

Dec. 18
John Sentell, M.D., and JeanMarie Sentell v. C & R Development LLC
PA-Kenneth Barton Jr.; J-Thomas Steptoe Jr.
* On April 1, 2006, the Sentells entered a contract with C&R to purchase a lot in the Mission Road Subdivision as well as build a Lindel Cedar home. They paid $65,000, which was due at signing, with $45,000 due before June 1. At settlement, $1,149,000 was to be paid. But by Nov. 1, the home contracted wasn’t finished and the Sentells claim C&R purposefully slowed work on the home. The Sentells are claiming breach of contract, declaratory relief and breach of duty of good faith and fair dealing. The Sentells are asking for punitive damages.
Case number: 06-C-417

Dec. 15
Charles De Caro, individually, and Aerobreau Corporation v. Scot Hough and Greg Lee Jenkins Jr. d/b/a Gregás Landscaping
PA-Aaron Amore; J-Thomas Steptoe Jr.
* De Caro hired Gregás Landscaping for carpentry work at his Jefferson County home. He claims that Hough and Jenkins failed to complete work. He also alleges that they stole and forged 24 checks from his company, Aerobreau Corp. De Caro is asking for actual and
punitive damages. He is also requesting a trial by jury.
Case number: 06-C-418

CHARLES TOWN – A Berkeley County man is suing a West Virginia developer for unlawful land development and home building.

John Sentell filed a case Dec. 18 against C & R Development, LLC after the company breached a contract, refused to accept termination of the contract and would not return Sentell’s deposit money.

April 6, 2006, John and Jeanmarie Sentell signed a contract with C & R to have a Lindal Cedar home built on property in Jefferson County. The contract stated settlement would be made by Sept. 1.

An initial deposit of $65,000 was due upon signing the agreement, and an additional $45,000 was due by June 1. The full balance of $1,149,000 was to be paid upon settlement.

In June the contractor asked for an extension of the original completion date. The date was changed from Aug. 1 to Nov. 1. A Sales Contract Addendum indicated a right to extend the date only “due to supplier backorder delays, weather or acts of nature that are out of their control.”

After the Sales Contract Addendum was signed, the contractor asked the Sentells to pay one-third of the price of the home. The Sentells refused and then noticed work on the home slowed considerably.

“Upon information and belief, (the contractor) delayed work on (Sentells’) home in order to force them to meet his demands that they pay more money upfront for their home prior to settlement than they had agreed to pay in the contract,” the suit states.

On. Nov. 1, 2006, the home “appeared to be far from finished.” The Sentells claim they were never told of any delays. They then informed the contractor’s agent they considered the contract terminated due to the fact the contractor did not act in accordance with the contract and requested their deposit be returned.

The Sentells received a response refusing to return the deposit and insisting it would attempt to enforce the sales contract. The Sentells then had to rent a home for John Sentell in Martinsburg so he would not have to travel a far distance to work in inclement weather.

“(The Sentells) trusted the terms of the contract would be upheld and their home would be ready by Nov. 1, 2006, because they believed that the contract’s requirement that the home be finished as of that date was clear and that all the parties understood that time was of the essence,” the suit states.

The suit also claims the work that had been completed on the home was of a low quality, and the structure was unsafe.

Also, upon further inspection, Charles Mazaris, who owns more than 10 percent of C & R Development, has been identified as an Employer Violator of the Worker’s Compensation System and is prohibited from obtaining any license, certificate or permit issued by West Virginia.

Therefore, C & R Development does not have a business license, a contractor’s license, any state license, and is not qualified to do business in West Virginia.

The Sentells are seeking compensatory damages, including the loss of their deposit, and are asking the contract be voided, as well as punitive damages paid by C & R Development.

The suit was filed in Jefferson County by M. Dawn Alexander of Steptoe & Johnson PLLC.

Jefferson Circuit Court case number 06-C-417

Dec. 19
Martin Wayne Lookingbill Sr. and Brenda Diane Lookingbill v. Edward Hall
PA-David Camilletti; J-Thomas Steptoe Jr.
* The Lookingbills claim Hall signed a promissory note of $73,641 that he never repaid. They are claiming unjust enrichment and fraud. In addition to the amount from the promissory note, the Lookingbills are also seeking 15 percent of E&M Automotive Enterprises LLC, of which Hall is a member.
Case number: 06-C-419

Martin Wayne Lookingbill Sr. v. Edward Hall and Automotive Imports Inc.
PA- David Camilletti; J-Thomas Steptoe Jr.
* In 1998, Lookingbill claims he entered into a verbal agreement with Hall in which Lookingbill would purchase vehicles and deliver them to Hall’s dealership lot. In 2006, Lookingbill purchased 11 vehicles for Hall totaling $120,000, which were co-signed to Hall and Automotive Imports Inc. Hall defaulted on an agreement the Dealer Services Corp., which the company collected as repayment. Lookingbill is claiming unjust enrichment, fraud and breach of contract. He is seeking the amount of the cars with pre- and post-judgment interest, attorney fees and costs.
Case number: 06-C-420

Martin Wayne Lookingbill Sr. v. Dealer Services Corporation
PA-David Camilletti; J-Thomas Steptoe Jr.
* On Oct. 1, 2006, Dealer Services Corp. took possession of the inventory of Edward Hall’s dealership lot, 801 E. Washington St., Charles Town. Of that inventory were 11 cars, Lookingbill had delivered to Hall. Lookingbill claims Dealer Services unlawfully and feloniously took possession of the vehicles. He claims unjust enrichment and torturous interference with business. Lookingbill is seeking the amount of the cars, $120,000, as well as pre- and post-judgment interest, attorney fees and costs. He is also seeking the return of his vehicles.
Case number: 06-C-421

Dec. 20
Andrew Becker and Donald Becker v. Steven A. Dubrueler dba Coldwell Banker Commercial Premier Properties and Bradley Haynes Jr.
PA-Patrick Cassidy; J-Thomas Steptoe Jr.
* The Beckers claim they obtained a sales listing for a property that was listed at $2,800,000. The owners agreed to pay a brokerage fee of 10 percent of the sale price. In May 2004, a sales agent with Coldwall Banker was requested to assist with sales. The property was sold in December 2004, but the Becker’s claim the listing agreement with the property owners remained in effect, but was paid to the Coldwall sales agent. Andrew Becker is seeking his portion of the $272,000 commission. He is claiming tortuous interference with business relations, civil conspiracy/fraud, vicarious liability and claim for punitive damages.
Case number: 06-C-424

CHARLES TOWN – A father and son real estate team filed a suit against a commercial property business, because the team never received their part of a commission.

Donald Becker and his son, Andrew Becker, are suing Steven A. Dubrueler, dba Coldwell Banker Commercial Premier Properties and Bradley K. Haynes Jr. because the Beckers say they never received their part of a $272,000 commission. The suit was filed Dec. 20.

On Feb. 20, 2004, Andrew Becker obtained a sales listing agreement for commercial real estate in Ranson. The listing contained an expiration date of Feb. 20, 2005. The property was listed at a sale price of $2,800,000.

“The Beckers worked as a team in an effort to market and sell the property,” the suit says.

When a buyer had not been secured by May 2004, Haynes, who worked as a sales agent for Coldwell, was asked to help with the sale.

In October 2004, the property was sold. The closing occurred on Dec. 23, 2004.

“As of the date of the closing on the property, the listing agreement obtained by Andrew Becker remained in effect,” the suit states. Yet, the Beckers say the $272,000 commission was paid to Coldwell.

The Becker sales team received no part of the commission, even though the property was sold under the listing obtained by Andrew Becker.

The suit states the defendants “intentionally interfered with … said business relationship or expectancy, and such intentional interference proximately resulted in damages to (the Beckers).”

The Beckers also are alleging the defendants conspired for the purpose of defrauding them and keeping them from receiving the listed commission.

The Beckers are seeking compensatory and punitive damages. They request a trial by jury.

Jefferson Circuit Court case number 06-C-424

CHARLES TOWN – Some Jefferson County residents have filed a lawsuit against a development company and a municipality because they say development occurring around their homes has created a dangerous area.

Heather Whitehurst, Brad Whitehurst, E. Jeremy Hutton and Warren J. McKimmie filed a suit Dec. 26 against C&R Development LLC and The Corporation of Bolivar, a municipality.

C&R is the developer of a three-home subdivision known as Sharp’s Overlook within the limits of Bolivar. The sole road into the subdivision originally was designated by C&R as Fisher Road, but was subsequently re-designated as Overlook Drive.

There is an alley, Fisher Alley, a private road, which can lead to Sharp’s Overlook. Access can also be gained by using Overlook Drive. Fisher Alley and Overlook Drive are separated by two small strips of land, one of which is owned by the Whitehursts.

Fisher Alley is 12 feet wide and cannot be widened because of pre-existing structures. Plans C&R submitted plans that showed Overlook Drive as 30 feet wide, ending in a “hammer head” cul-de-sac at Fisher Alley.

At a March 2003 Bolivar Planning Commission meeting, Robert Sharp, co-owner of C&R, said he was informed by an engineer that the land was too steep to accommodate an entrance from Overlook onto Jefferson Street.

During a June 2003 meeting, Sharp presented a revised plan, which showed revisions to C&R’s original plans, including a redesigned Overlook Drive. Sharp proposed C&R would provide drainage support and parking spots where Overlook Drive and Jefferson Street intersect.

Sharp stated C&R would pay costs to have Overlook Drive graded, surveyed, platted and engineered, but he would expect Bolivar to do the paving.

At the same meeting, Sharp also said C&R wanted to move forward and said that if the company was unable to begin building soon, C&R would have to sell lots and Bolivar would lose access to the newly redesigned Overlook Drive by way of Jefferson Street and the new lot owners would have to access Sharp’s Overlook via Fisher Alley.

It was noted that Fisher Alley is only 12 feet wide, and cannot accommodate two-way traffic because it could not be widened.

A revised plan was passed, and work on the road began.

On June 1, 2004, the Whitehursts entered a Regional Sales Contract with C&R for the purchase of property located in town. In January 2005, Overlook Drive was paved.

After the road became paved, the appearance of Overlook Drive became apparent. The intersection of Jefferson Street and Overlook Drive became extremely hazardous because of the narrowness and steepness of both streets and the existence of a nearby curve “which greatly inhibits a driver’s line of sight.”

The intersection also was made more hazardous by inclement weather.

“Shortly after paving was completed, Bolivar began receiving letters from concerned citizens alleging that Overlook Drive does not adhere to normal subdivision street design standards found in the Tri-State area around Bolivar,” the suit states.

The town consulted with an engineer, who said Overlook Drive was not a safe street and would cost at least $160,000 to repair.

On Feb. 7, 2006, the town of Bolivar acted to close Overlook Drive, barricade the road at Jefferson Street and to accept land to connect Fisher Alley with Overlook Drive. This action left Fisher Alley as the only means of access to Sharp’s Overlook, which is private property.

On March 5, 2006, a collection of residents of Overlook Drive and Fisher Alley, including Hutton and McKimmie, sent a letter to Bolivar protesting the action of the city, which created an unsafe route to their homes.

The suit claims Bolivar is responsible for ensuring the developers comply with requirements for building safe roads and failed all of its responsibilities in regards to construction of Overlook Drive.

The plaintiffs seek compensatory for loss of use, annoyance and inconvenience and loss of value in properities. They also seek punitive damages, pre- and post-judgment interest and court costs.

Jefferson Circuit Court case number 06-C-428

Dec. 15
Michael F. Witteried and Mary T. Witteried v. City of Charles Town
PA-pro se; J-Thomas Steptoe Jr.
* The Witterieds filed a petition to appeal the rulings of the City of Charles Town. Michael Witteried owns 25 cars, and the city claims that owning that large of number violates the city’s ordinance. The Witterieds are asking for several items including a reverse determination of the Board and a grant of stay so he may build a carriage house.
Case number: 06-C-425

Dec. 26
Heather Whitehurst, Brad Whitehurst, E. Jeremy Hutton, Warren J. McKimmie v. C& R Development LLC and the Corporation of Bolivar, a West Virginia municipality
PA-Richard Gay; J-Thomas Steptoe Jr.
* The Whitehursts and the rest of the plantiffs have filed a complaint over the access road to Sharp’s Overlook subdivision. There are two entrances into the subdivision, one which is designated an alley, and neither is wide enough for two-way traffic. C&R Development and Corporation of Bolivar have seven counts against them including breach of contract, constructive fraud, negligence breach of statutory duty and unlawful taking of property. They are asking for punitive damages and order Bolivar to close Fisher Alley. They are also requesting a trial by jury.
Case number: 06-C-428