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This just in: Jefferson County

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Jan. 9
Dena Bender, Gladys Fischer and Vanessa Dozier v. Nur Yalcin and Deniz LLC
PA-Stephen Skinner; J-Thomas Steptoe Jr.
* Bender, Fischer and Dozier have filed a verified complaint for preliminary restraining order, injunction and damage against their landlord, Nur Yalcin. The tenants claim they have no heat since November and have had no hot water since Christmas Day. They are claiming breach of contract and wrongful eviction, breach of warranty of habitability and are seeking punitive damages of $100,000.
Case number: 07-C-7

Jan. 11
Donald E. Hawkins Jr. and Melissa L. Hawkins v. Select Portfolio Services Inc and the Bank of New York, individually and as Trustee of EQCC Asset Backed Certificates 2001-2, Eqcc asset backed certificates 2001-2002 and D. Kevin Moffatt, trustee
PA-James Kratovil; J-Thomas Steptoe Jr.
* The Hawkins owned a lot of land in Brooke Haven Subdivision, which they gave in trust to secure the mortgage. The mortgage company filed for bankruptcy and the Hawkins want the lien and debt to be discharged. The Hawkins are claiming that there has been a violation of several West Virginia codes including the Consumer Credit and Protection Act and the Bankruptcy Code. The Hawkins want to stop sale of their property as well as seeking punitive damages and attorney’s fees.
Case number: 07-C-9

Jan. 10
Neil M. McBrearty v. Steven P. Wuebker
PA-Terrance L. Britt; J-Thomas Steptoe Jr.
* McBrearty claims on Sept. 18 that Wuebker, while driving his vehicle, disregarded a traffic light and ran into the vehicle McBrearty was driving. He claims he suffered damage to his body, body chemistry and psyche. McBrearty is seeking compensation for expenses he incurred because of the accident.
Case number: 07-C-8


Tenants say landlord withholding heat, hot water

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CHARLES TOWN – Three Jefferson County residents have filed a suit against their landlord because the landlord has not fixed problems with the tenant’s heat and hot water because he wants them to move.

Dena Bender, Gladys Fisher and Vanessa Dozier filed a suit Jan. 9 against their landlord, Nur Yalcin and West Virginia company Deniz.

The tenants signed a lease for the apartment, and in the lease it is stated the landlord is to provide for heat and hot water.

The suit states Yalcin bought the apartment building in which Bender, Fisher and Dozier live, with the intent to evict the current residents, renovate the apartments and charge higher rent.

At the end of November 2006, the furnace stopped working. From the end of November to Jan. 9, the furnace was broken and the residents have been without heat.

Since Dec. 25, 2006, there has been no hot water in the building.

‘The defendants failed to have the heat or hot water repaired, with the intent to terminate plaintiffs’ occupancy of the leased premises,” the suit states.

Bender, Fisher and Dozier are seeking punitive damages because their contract was breached in an effort to evict them. The suit also states the tenants suffered general damages from the lack of heat and hot water.

A temporary restraining order is also being sought against the defendants’ and anyone associated with the defendants, to keep them from interrupting the tenants heat or hot water.

Stephen G. Skinner is the plaintiffs’ attorney.

Jefferson Circuit Court case number 07-C-7

This just in: Jefferson County

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Jan. 12
Gak Inc. and Connie McKenzie’s Inc. dba Boss’ v. Allegheny Energy Service Corporation
PA-Mark Jenkinson; J-Thomas Steptoe Jr.
* Gak Inc. owned Boss’ restaurant, which was destroyed in a fire on Jan. 14, 2005. Gak is claiming Allegheny Energy negligently installed, maintained the electrical transformer at Boss’ causing it to catch on fire. The market value of the restaurant was estimated in excess of $750,000, along with loss of damage of $125,000. Gak is seeking the monies as a result of the loss of the business. They also demand a trial by jury.
Case number: 07-C-11

Jan. 16
Justin Stone v. John Stevens and Michele Stevens
PA-Stephen Skinner; J-Thomas Steptoe Jr.
* Stone has filed an answer, counterclaims and demand for jury trail. Stone claims the petition for summary eviction filed by the Stevens for past rent is false. He is also claiming there has been no heat since Dec. 27 and the landlord did renovations without a permit. Stone seeks dismissal of the petition, compensatory damages, statutory damages for $8,000 fees, attorney fees and costs and $50,000 in punitive damages in the amount of $50,000 or as shown by proof. He is seeking a jury trial.
Case number: 07-C-10

Justin Blakley and Joi M. Blakley, his wife, v. Edward Thomas
PA-Robert Aitcheson; J-Thomas Steptoe Jr.
* On Feb. 18, 2005, Thomas failed to stop his car at a stop light, striking the car that Blakley was driving. Justin Blakley has incurred medical expenses of $14,000 with an additional loss of income of $6,400. The Blakleys are seeking the total loss of income as well as additional loss of income because of Justin Blakley’s temporary disability. Joi Blakley is also claiming loss of consortium.
Case number: 07-C-13

Jan. 17
HSBC Bank PLC v. Christina Murray
PA-Jeffrey Gould; J-Thomas Steptoe Jr.
* Murray entered into a personal loan with HSBC from which she stopped making payments March 28, 2006. She still owes $31,616.03 that HSBC is seeking for pre-judgment, plus a post-judgment interest of 10 percent per annum from date of judgment.
Case number: 07-C-16

Tenants turn tables, file their own suit against landlord

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CHARLES TOWN – Tenants of a Harper’s Ferry rental home have filed a suit against their landlord, claiming he breached their contract by not providing a sufficient living atmosphere and tried to have them evicted.

John and Michele Stevens filed the suit Jan. 16 against Justin Stone. In December 2006, the Stevens were renting a house from Stone for $1,300 a month. The lawsuit claims that Stone renovated the house without a building permit and did not provide a working heating system.

Also, the suit states that Stone has kept trash in a pond on the property since the Stevens moved into the home.

On Dec. 27, 2006, Stone filed a suit against the Stevens, claiming they were behind in rent and had refused to pay it. Also, Stone claimed the trash in the yard belonged to the Stevens.

The countersuit from the Stevens states that they tried to pay rent, but Stone would not accept it because he wanted to have them evicted so he would not have to provide heat and make the property livable.

The Stevens are seeking the dismissal of the petition filed by Stone, statutory damages for at least $8,000, compensatory damages, punitive damages for at least $50,000, a temporary restraining order against Stone and all other court costs.

Jefferson Circiut Court case number 07-C-10

Businesses sue power company over fire

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CHARLES TOWN – Two Jefferson County businesses have filed a suit against a power company, claiming the company is to blame for a fire than destroyed a restaurant and heavily damaged the building in which it was housed.

GAK Inc. and Connie McKenzie’s Inc., doing business as Boss’, filed the suit Jan. 12 against Allegheny Energy Service Corporation in Jefferson Circuit Court.

On Jan. 14, 2005, the building owned by GAK Inc., in which Boss’ was located, caught on fire, “and was a total loss,” the suit says. The suit claims the electrical transformer installed by Allegheny Energy Service Corporation was the cause of the fire.

In the suit, GAK Inc. claims a total loss of the building, which is estimated to be worth $750,000. Boss’ also suffered damages estimated to be worth $125,000.

In addition to the loss of the building and business, the lawsuit also claims a representative from the power company came to the property within 24 hours and removed the transformer from the building, deliberately impending a proper investigation.

GAK Inc. and Boss’ seek compensatory and punitive damages.

Jefferson Circuit Court case number 07-C-11M

Berkeley woman seeks $1 million after car wreck

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CHARLES TOWN – A Berkeley County woman has filed a suit against a Pennsylvania company seeking $1 million after she was left permanently disabled following a wreck with one of their employees.

Sharon Clark, on behalf of herself and her children, filed a suit against Columbia Ancillary Services and Joseph Massaro on Feb. 1 in Jefferson Circuit Court.

On Feb. 3, 2005, Massaro was making deliveries for the company. The suit says that while Massaro was working, he caused a wreck with a vehicle in which Clark was a passenger.

As a result of the wreck, Clark sustained brain and orthopedic injuries, which leaves her permanently disabled, the suit says. Also as a result of the wreck, Clark’s children have suffered and will lose parental consortium.

Clark has incurred $247,000 of medical bills, and will continue to need medical care. Therefore, she seeks $1 million to help pay past and future medical bills, plus court costs.

Lawrence M. Schultz represents Clark.

Jefferson Circuit Court case number 07-C-40

This just in: Jefferson County

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Jan. 22
Barbara Doleman, infant, minor by her next friend and parents and individually by both parents in their individual capacity, v. Ada A. Rohrer
PA-Roger Ritchie Jr.; J-Thomas Steptoe Jr.
* On Sept. 15, 2005, Rohrer was driving her car that struck a school bus operated by Kirsten Roberson. Doleman was a passenger on the bus. Elivira and Roger Doleman, parents of Doleman, claim she was injured during the accident. Doleman’s parents are seeking compensatory damages and costs.
Case number: 07-C-17

Jan. 25
Crosswinds Homeowners Association Inc. v. Kathryn Hare
PA-Robert Trumble; J-Gina Groh
* Hare has filed her answer to magistrate court case 06-C-1396. Crosswinds claims that on Oct. 22, 2006, Hare was ejected from the Board of Directors. She held the position of treasurer. They claim she still failed to return the corporation seal, key to the P.O.Box and financial records, among other items. Hare contends the claim lacks standing.
Case number: 07-C-23

Feb. 1
Sharon Clark, individually and as next friend of minor children, Taylor Osgood and Keith Gockley v. Columbia Ancillary Services Inc., dba Respiratory Convalescent Specialties, and Joseph Massaro, in his official capacity
PA-Lawrence M. Schultz; J- Gina Groh
* Osgood and Gockley are the children of Clark. Joseph Massaro is employed by Columbia Ancillary Services. On Feb. 3, 2005, Massaro failed to control his vehicle and caused a wreck of which Clark was a passenger. Clark has incurred $247,000 in medical and hospital expenses. She claims because of her injuries, her children have also suffered. She claims Columbia is fully liable for the acts of Massaro. She is seeking $1 million plus attorney fees, costs, pre- and post-judgment interest. She is also demanding a trial by jury.
Case number: 07-C-40

Feb. 2
Kenneth Smith v. Jefferson County Board of Education
PA- pro se; J-Gina Groh
* Smith claims that the Board of Education is restricting the teaching of pertinent scientific and historical knowledge to all students in its jurisdiction. Smith claims he has found The Missing Link.
Case number: 07-C-43

Feb. 6
Gill Saleh Haddad v. Muntaha Haddad
PA-pro se; J-Gina Groh
* Gill Haddad claims Muntaha Haddad owes him $196,800.78 in United States currency. The money is from distribution of the estate of their late father, Saleh Issa Haddad. Gill Haddad claims Mutaha Haddad has committed fraud and his act is “beyond human stupidity.” Gil Haddad is also seeking for pre-judgment and post-judgment statutory interest of 10 percent per annum since Jan. 12, 2002.
Case number: 07-C-48

Man says sister defrauded him

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CHARLES TOWN – A Maryland man has filed a suit against his sister claiming she stole part of their father’s estate.

Gill Saleh Haddad filed a suit Feb. 6 in Jefferson Circuit Court against Muntaha Haddad seeking more than $196,800.

The suit says Muntaha Haddad, who lives in Jefferson County, took advantage of the proportional distribution of the estate of their father by falsely altering writing with the intent to defraud and gain more funds.

Gill Saleh Haddad claims his sister took $55,000 fraudulently. He seeks the money to be returned, plus $125,000 for damages done because he claims his sister tried to deliberately defraud him, the suit says. He also seeks $16,800.78 for interest, bringing the total he seeks to $196,800.78.

Gill Saleh Haddad also made an addendum to the case, stating for the record that his father was a member of the Royal Jordian Force, in Amman, Jordan, for 22 years, under the leadership if King Hussein. He added Jordan is an ally of the United States and asked the court to please take time to “study world history before making any bias or prejudicial remarks towards another person.”

The case has been assigned Judge Gina Groh.

Jefferson County 07-C-48


Man says he has discovered ‘the missing link,’ sues school board

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CHARLES TOWN – A Harpers Ferry man who says he has discovered “the missing link” claims the Jefferson County Board of Education “restricts the teaching of pertinent scientific and historical knowledge to all student in its jurisdiction.”

Kenneth Smith filed a complaint Feb. 2 in Jefferson Circuit Court. He claims the board should be teaching genetic facts, and that “the genetic normal human species, which all humans descended from, did in fact exist,” the complaint says.

Smith said he worked at Central Reference Laboratory in Anaheim, Calif., where he was given the task of centrifuging and processing blood samples along with cultural specimens for testing. During these studies, he said he decided to extend his work.

“On impulse, I furthered my studies into a feasible theory of the ‘genetic normal,’ which is also the missing link between man and ape,” Smith said in his complaint. “After much research, it became a billion to one shot that came true.”

Smith also states the Board of Education must think about removing all of its evolutionary exhibits and declare that an American has discovered the genetic “normal.” Smith said he has a large manuscript that denounces the Human Genome Project while acknowledging a greater creator.

“This Human Genome Project has indicated that humans are just a mere result of many different cellular mutations, caused by environmental effects upon our DNA compositions – Darwinism,” Smith said in his complaint. “But there is a human genetic “normal” and no singular significant genetic discovers will arrive, until the air is cleared of this blinding clouded dense foggy mist, which prevents out minds-eye from seeing the truth clearly that most every form of man walks in ethically during his lifetime.”

The complaint also states society is heading down a false genetic path of Darwinism. Smith claims his findings show the human genome is not possible. Therefore, the county board is restricting pertinent teachings.

Jefferson Circuit Court case number 07-C-43

This Just In: Jefferson County

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Feb. 12
Maria L. Howar v. James Bulman and Judy Bulman
PA-Michael Burke; J-Gina Groh
* Howar claims that on Aug. 2, 2006, while she was taking a morning walk she was attacked and bitten by the Bulmans’ dog. She has incurred $3,000 in medical expenses and expects to incur more. Howar is seeking in an amount in excess of $50,000.
Case number: 07-C-52

Jerald M. Chaffee and Lauren E. Chaffee v. Amy Lynn Lytton aka April Dawn Lytton and Geico General Insurance Company
PA-Samuel Byrer; J-Gina Groh
* Jerald Chaffee alleges that on Feb. 14, 2005, a car, driven by Lytton, struck his car. Lytton provided a different name to the investigating officer. Jerald Chaffee has incurred $10,000 in medical expenses and expects to owe more than $20,000 in medical injuries. The Chaffees are seeking monies from Geico from their underinsured motorists coverage, of which he has an implied $100,000 coverage. The Chaffees are seeking declaratory judgment determining and disclosing their underinsured motorist coverage with Geico.
Case number: 07-C-54

Feb. 16
Mary E. Bussard v. Jennifer Siler
PA-Mark Jenkison; J-Gina Groh
* On March 9, 2005, Bussard claims Siler was behind the car that struck hers. She claims she has suffered, among other things, “loss of enjoyment of life.” She has already incurred more than $5,000 in medical expenses and expects to incur more.
Case number: 07-C-56

Feb. 23
Jennifer Loudin v. DC Properties LLC, ERA-Liberty Realty, Bargain Pest Control LLC.
PA-Mark Cavendish; J-Thomas Steptoe Jr.
* Loudin has filed a verified complaint claiming that she purchased a home on June 29, 2005, from DC Properties an agent for ERA-Liberty. Before closing the septic was to have been inspected by Bargain Pest. The septic was reinspected on June 1, 2006, and Loudin was told it didn’t meet the requirements after she was having problems in February. On June 4, 2006, the Health Department found the residence uninhabitable. Loudin is claiming fraud, civil conspiracy, breach of implied warranty of suitability purpose. She is
seeking monetary damages.
Case number: 07-C-60

March 1
Ray L. Hanna and Christina N. Hanna v. Clay B. Jenkins, ancillary administrator of the estate of Evan Jenkins, deceased
PA-pro se; J-Gina Groh
* In 1977, Hannas purchased as joint tenants with Jenkins 15 acres of real estate in Riverside Development. The Hannas entered into a loan agreement with Jenkins for $31,000 to buy out their portion of the land with the opportunity to repurchase it. Jenkins also wanted the couple to make mutual wills with him over the ownership of the land. The actual worth of the land would have been $275,000 in 1991. In 1996, the Hannas were prepared to repurchase the land, but at Jenkins’ death in 2005 they never reached an agreement. The Hannas are seeking quantum meruit of $300,000 against Jenkins’ estate. They seek unjust enrichment and are seeking $300, 000. They are seeking the land as well. The Hannas demand a jury trial.
Case number: 07-C-62

D.C. couple sues over land deal

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CHARLES TOWN – A couple from Washington, D.C., have filed a suit in Jefferson Circuit Court, against the son of a deceased business partner.

Ray and Christina Hanna filed a suit March 1 against Clay Jenkins, the ancillary administrator of the estate of Evan Jenkins.

The Hannas and Evan Jenkins entered a joint venture in 1977 to develop a piece of countryside near Washington, D.C.

“The Hannas and Mr. Jenkins only purchased this parcel of real estate after agreeing to equally share the ownership and costs of purchasing and maintaining any property that they might decide to buy,” the suit says.

Over the years more land was bought, until it totaled 50.46 acres. The suit says the Hannas and Jenkins shared the costs of developing the land until Jenkins died in October 2005. Prior to his death, the land contained an asphalt tennis court, a lake, roads, gates and part of the land was cleared.

Additionally, the Hannas independently paid for construction and maintenance to a house on the property and other construction projects.

“In December of 1991, The Hannas experienced certain financial difficulties and asked Mr. Jenkins for a loan, offering as collateral the portion of real estate owned by the Hannas,” the complaint states. “Mr. Jenkins refused to loan the Hannas money, however, Mr. Jenkins offered to purchase the Hannas’ interest in the real estate for a sum which, by Mr. Jenkins own admission, was considerable less than the actual worth of the Hannas’ portion of the real estate.”

The suit says Jenkins promised he would give the Hannas an opportunity to repurchase the land at a later date, for the same price. He paid about $31,000 and the Hannas were given five years to repurchase their portion.

The suit also says Jenkins orally agreed that he and the Hannas would make mutual will so that all issues having to do with the future of the land after either one of the Hannas’ or Jenkins’ death would be decided in advance.

The suit says the Hannas accepted $31,000 for their land, even though it was worth about $275,000.

On Thanksgiving Day 1996, the Hannas told Jenkins they were prepared to repurchase their land, but Jenkins said there were a number of issues that had to be resolved first, the suit says.

The suit says the Hannas repeatedly asked Jenkins when they could buy the land back, and his reply was the same every time, reminding the Hannas they had been friends more than 30 years and he would do the right thing.

Before anything could be settled Jenkins died. The Hannas continued to contribute to the maintenance of the land.

The Hannas seek $300,000 from the estate of Jenkins, as a recovery of the breach of contract that occurred with Jenkins refused to sell back the land. They also seek judgment to transfer the title of the property from Jenkins.

Jefferson Circuit Court case number 07-C-62

Couple says woman gave false info after wreck to avoid paying

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CHARLES TOWN – A Jefferson County couple has filed a suit against a Harpers Ferry woman and her insurance company.

Jerald and Lauren Chaffee filed a suit Feb. 12 in Jefferson Circuit Court, against Amy Lynn Lytton and Geico General Insurance Company. The suit claims Lytton caused a wreck Feb. 14, 2005 and has provided incorrect information in order to avoid paying for her actions.

The suit says the Chaffees were seriously injured and have already incurred $10,000 in medical expenses and expect to incur $20,000 more.

The Chaffees repeatedly have sought documents from Geico, who provides their insurance policy. However, the suit says the company has repeatedly refused to provide the Chaffees with adequate information to determine coverage without litigation.

Because of Geico’s conduct, the Chaffees have been required to litigate coverage issues and are entitled to recover some of the money they have had to spend.

They seek judgment determining their motor coverage with Geico, compensatory damages and court costs.

Jefferson Circuit Court case number 07-C-54

Woman seeks $50,000 for dog attack

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CHARLES TOWN – A Jefferson County woman has filed a suit against a Shenandoah Junction couple after their dog attacked her.

Maria Howar filed the complaint Feb. 12 in Jefferson Circuit Court against James and Judy Bulman.

The suit claims that on the morning of Aug. 2, 2006, Howar was taking a walk. She went past the Bulman’s residence and was attacked and bitten numerous times by their dog. The attack caused serious and permanent injuries.

The suit says the dog was “running at large,” which is against West Virginia Code. The code imposes strict liability on the owner of any dog which runs at large and causes injury or damage, the suit states.

As a result of her injuries, Howar suffered a financial loss of $3,000 and is expected to incur more medical expenses.

Therefore, through her counsel D. Michael Burke, Howar seeks $50,000 in compensation, which is sufficient enough to fairly compensate her for her injuries.

Jefferson Circuit Court case number 07-C-52

This Just In: Jefferson County

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Feb. 27
Bank One, National Association, as trustee f/k/a The First National Bank of Chicago, as trustee v. Nathan H.Wasser, substitute trustee, Charles M. Mauk Jr. and Charlene D. Mauck
PA-Sarah Crichigno; J-Gina Groh
* The Mauks excecuted a note for the principal amount of $151,200 for property in Jefferson County. The note was secured by a deed of trust. Bank One is beneficiary of the note and deed of trust. On March 25, 1998, defaulted on the note and Wasser was appointed as substitute trustee to foreclose the property. In 2001, Wasser conducted a foreclosure sale of the property, of which Bank One recaptured the property. However, Wasser did not have automatic stay granted from the bancruptcy court. The Mauks want the foreclosure sale recinded and the title returned, void the trustee’s deed, restore Bank One’s trustee’s lien and deed trust.
Case number: 07-C-61

March 2
David Shane dba AAA 5 % Bail Bonds v. Richard K. French, Erika French, James Fillinger
PA-Mack Cavendish; J-Gina Groh
* The suit claims the Frenches both were agents with AAA until they were terminated and charged with felony embezzlement. From January 2004 to December 2005, the Frenchs converted their own use bonds of AAA with a fee value of $300,000. Fillinger allegedly conspired to use profits diverted from Shane’s property for business endeavors. Shane is claiming conversion, breach of contract/fiduciary duty and civil conspiracy. Shane is seeking monetary damages for unspecified damages for loss of business income, court costs and attorney’s fees.
Case number: 07-C-64

March 5
TBF Financial v. Automotive Imports Inc and Edward Hall
PA-Robert Trumble; J-Gina Groh
* TBF alleges Hall entered into a lease for a 5 Star Fully Automatic Digital Pipe Bender with Capital Innovations. He agreed to make payments of $562.12 for 60 days for a total rental price of $33,757.20. In 2006, TBF was assigned the lease. Hall has defaulted on the lease. TBA is seeking 20,242.49 plus 18 percent interest.
Case number: 07-C-65

March 6
Winchester Medical Center v. Robert Dudley
PA-Daniel T. Booth; J-Gina Groh
* The hospital is seeking $59,823.58 plus $4,458.08 in interest for unpaid medical bills beginning in April 2006.
Case number: 07-C-69

March 8
Lori Kennedy v. Jefferson County Assessor, Jefferson County Commission Board of Equalization
PA-pro se; J-Gina Groh
* Kennedy claims that the assessor’s valuation of her two properties on Washington Street in Harpers Ferry, does not represent the true market value. She claims the properties were compared to dissimilar properties causing her assessment to increase by 123 percent from 2005. She claims one lot should be assessed at $50,000, the second at $43,000.
Case number: 07-C-73

Bail bond company files civil suit against former employees accused of embezzlement

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CHARLES TOWN – The owner of a Monongalia County business has filed a lawsuit against people who used to work for him, claiming they are guilty of felony embezzlement.

David Shane, owner of AAA 5% Bail Bonds, filed a suit March 2 in Jefferson Circuit Court, against Richard and Erika French.

The Frenchs were both employees of AAA 5% Bail Bonds until they were fired. They are currently charged with felony embezzlement from AAA 5% Bail Bonds in violation of West Virginia Code.

The suit says the Frenchs converted to their own use bonds of AAA 5% Bail Bonds with a fee value of $300,000.

A large portion of the funds was to for major renovations on property in Jefferson County.

The suit says Richard and Erika French conspired to use profits diverted from AAA 5% Bail Bonds in various other business endeavors, including pawn shops.

Shane seeks judgment on his behalf awarding him monetary damages for his loss of business income and court costs.

Dr. J. Mack Cavendish is representing Shane.

Jefferson Circuit Court 07-C-64


Girl wants $100,000 after she was given wrong drug

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CHARLES TOWN – A 17-year-old Jefferson County girl is seeking $100,000 from a national pharmacy chain after she was given the wrong drugs.

Bruce Jacobs, filed a complaint March 15 in Jefferson Circuit Court on behalf of his daughter, who was given the wrong pills in her prescription at a Rite Aid pharmacy.

On Nov. 19, 2006, the girl was prescribed a drug known as Ciproflxacin. The suit says the girl gave the prescription to someone at the pharmacy and was handed a bottle of what was supposed to be the medication prescribed for her. Instead, it was Venlafaxine, which is a treatment of anti-depression.

The lawsuit says Ciprofloxacin — also called Cipro, Ciproxin and Ciprobay — is a bactericidal. It blocks bacterial DNA replication. Venlafaxine is an antidepressant that is being evaluated for the treatment of hot flashes in women who have breast cancer.

The girl did not know the drugs she was given were incorrect and took the pills, which caused illness and several disabilities, including shortness of breath, excessive sweating, vomiting and anxiety, the suit says.

Because she took the pills, the girl was incurred and will continue to incur, medical bills.

Jacobs and his daughter, through their attorney Sherman L. Lambert, seek $100,000 to cover damages.

Jefferson Circuit Court case number 07-C-88

This Just In: Jefferson County

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March 8
Chase Bank USA, NA successor to interest to Bank One Delaware v. Myrtle M. Bolyard
PA- Andrew S. Lerner; J-Gina Groh
* Chase Bank is seeking $27,429.17 in credit card from Bolyard.
Case number: 07-C-78

Neighborhood Welcome LLC v. Judith Keatley and Karen Martin
PA-James Kratovil; J-Gina Groh
* Neighborhood Welcome claims Keatley and Martin broke a contract with the company to start “a welcome service” of their own to compete against the company. Neighborhood is claiming breach of contract. The company is asking that they would be prohibited from operating the same type of company within a 100-mile radius of the territory that was in the original contract. Keatley’s was of Jefferson County. Martin’s included Berkeley County, W.Va., and Washington County, Md.
Case number 07-C-79

March 9
Darrell Winston v. Eastern Regional Jail
PA-Craig Manford; J-Gina Groh
* Winston was given a 10-year sentence with eligibility for parole in two and half years. For nine months he has been at Eastern Regional Jail. He is asking to be released to Division of Corrections to serve his sentence.
Case number: 07-C-83

March 13
Ida Marie Barnes, executrix of the estate of Porter Harrison Thomas, deceased v. Jefferson Asphalt Products Company
PA- Michael L. Scales; J-Gina Groh
* Barnes claims Jefferson Asphalt owes the estate the sum of $169,781.56, plus interest from February 2006 for promissory notes. She claims the company stopped making payments upon Thomas’ death on March 24, 2006. She is seeking the monies plus pre-judgment interest since 2006.
Case number: 07-C-85

March 14
JP Morgan Chase Bank v. William H. Pringle
PA-Sarah Crichigno; J-Gina Groh
* Chase holds a promissory note of $72,000 by Pringle, which was secured by a deed of trust for a Charles Town property. The note and deed of trust were executed by Pringle, but were not recorded in the Office of the Clerk of the County Commissioner of Jefferson County. Chase wants the copy of its deed of trust put on record, an equitable lien placed against the property to secure the loan, imposing a constructive trust in favor of Chase. Also declaring that Pringle has been unjustly enriched and any further relief the court sees fit.
Case number: 07-C-86

March 15
Evelyn Lachelle Jacobs, a minor, by her next friend Bruce Jacobs v. Rite Aid of West Virginia Inc.
PA- Sherman L. Lambert; J-Gina Groh
* Evelyn Jacobs, 17, was prescribed the medication Ciprofloxacin, an antibiotic, by her physician, Dr. Rodger Mitchell. The Rite Aid filled the order with Venlafaxine, an anti-depressants. Evelyn Jacobs claims she suffered personal injury. The Jacobs are seeking $50,000 with an additional $100,000 for negligence.
Case number: 07-C-88

Business has no welcome wagon for two women

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CHARLES TOWN – The owner of a welcome business has filed a lawsuit against two women who were going to work for her, but decided to open a competing business instead.

Neighborhood Welcome LLC filed a suit March 8 in Jefferson Circuit Court against Judith Keatley and Karen Martin. Keatley and Martin had entered into a contract with Neighborhood Welcome as independent contractors, the complaint states.

It goes on to say that on Feb. 14, 2007, the women told the company they wanted to revoke their contract and, in a letter to the plaintiff, indicated they wanted to form a welcome service to compete with Neighborhood Welcome.

The suit says the women breached their contract and will cause Neighborhood Welcome to suffer contacts in both the advertising and newcomer communities.

“The ‘welcome’ community is a community that only exists for a brief period in time, never to be recreated,” the suit says.

The suit says that because both communities are unique, there is no adequate remedy at law to compensate Neighborhood Welcome.

Neighborhood Welcome seeks a restraining order against Keatley and Martin that prohibits them from opening a “welcome” service within a 100-mile radius of territory granted to the plaintiff, which includes Washington County, Md., and Jefferson and Berkeley County in West Virginia.

Jefferson Circuit Court case number 07-C-79

Florida woman says asphalt company owes her late father

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CHARLES TOWN – A Florida resident claims a Jefferson County asphalt company owes money to her late father’s estate.

Ida Marie Barnes of Cape Coral, Fla., filed a suit March 13 in Jefferson Circuit Court against Jefferson Asphalt Products Company on behalf of Porter Harrison Thomas, her late father.

The suit says Thomas was the founder of Jefferson Asphalt Products, and the company owed him two promissory notes worth $169,781.59. However, after his death, the company stopped making payments to the notes.

The suit says Barnes has accelerated the remaining balances due under the two promissory notes, but the company has refused payment.

Barnes, as the executrix to the estates of Porter Thomas, demands judgment in the amount of $169,781.59, plus interest, from Feb. 28, 2006, until paid.

Barnes’ attorney is Michael L. Scales.

Jefferson Circuit Court case number 07-C-85

This Just In: Jefferson County

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March 19
Kennan R. Dunn v. David McDaniel, Jerry McDaniel and Tina Dailey McDaniel
PA-pro se; J-Gina Groh
* Dunn and the McDaniels entered into an agreement in early 2007 to sell property from Dunn’s farm to the family. The McDaniels were to pay for the property they removed from Dunn’s farm. Dunn discovered a local auction selling the items the McDaniels allegedly never paid for. He is seeking $22,445, plus the cost of filing and other costs incurred during the civil action.
Case number: 07-C-89

Argyle Land Co. dba Argyle Country Club v. Sajjad Nazar Mahar, aka Ali Mahar, aka Alli Mahar aka, Ali Maher aka, Alli Maher and Farhana Mahar aka Farhana Maher and Imran Anwar Mughal
PA- Charles Printz; J-Thomas Steptoe Jr.
* Ali Mahar was hired by the club six years ago as a general manager until he was fired in September 2006. Mughal was hired as a bartender six years ago until he resigned in September 2006. Argyle claims the two men with Farhana Mahar, and two additional men, conspired to defraud as well as embezzle from the club. The company also claims they used the money to maintain a farm and other high-end expenses. They also claim Ali Mahar and Farhana Mahar stole property from the club and tried to sell it. The company is seeking $1 million for compensatory damages from Ali Mahar. The company is seeking $1 million from Ali Mahar and Frahana Mahar for wrongful conversion of personal property. Additionally, Argyle is seeking $1 million against Ali Mahar and Frahana Mahar for wrongful conversion of cash. The club is seeking $1 million because of conversion of cash from Imran Mughal. Argyle also demands Ali Mahar to return the property or its value. The company is seeking additional counts including, but not limited to, civil conspiracy, unjust enrichment, fraud, breach of fiduciary duty and constructive trust.
Case number: 07-C-90

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