CHARLES TOWN – A Maryland country club has filed a suit against former employees of the club over money allegedly embezzled from the club.

Argyle Country Club, located in Silver Spring, Md., filed a suit March 19 in Jefferson Circuit Court against Sajjad Nazar Mahar, also known as Alli Maher, his wife, Farhana Maher and Imran Anwar Mughal.

This is the second case filed dealing with the same matter. A case against more defendants was filed in Maryland.

Alli Mahar was the former general manager of the club for six years before he was fired in September 2006. Imran Mughal was the club’s former bartender and food and beverage manager before he resigned in September 2006.

The suit claims that around 2001, the Mahars, Mughal, Akinyemi Bamisaiye and Adetola Obasanya, Maryland residents, allegedly found a way to defraud the club, including a fraudulent payroll scheme. The suit also alleges the group purchased personal vehicles with the club money without the club’s permission, and stole cash, vehicles, golf carts and equipment from the club.

According to the suit, the Mahars used the proceeds from “criminal enterprise” to improve, maintain and service the debt on a large farm in Jefferson County and used the proceeds to enter horse races and operate a horse farm.

During the same month, some of the allegedly stolen property, including several Ford trucks and landscaping equipment, was put up for cash sale to the public.

In an 18-count suit, filed by Martinsburg attorney Charles Printz, Argyle Country Club seeks compensatory and punitive damages to cover the allegedly fraudulent actions of the defendants.

The case has been assigned to Judge Thomas Steptoe.

Jefferson Circuit Court case number 07-C-90

March 20
Cardinal Building Systems Inc. v. Rai Properties
PA-Richard Gay; J-Gina Groh
* On June 7, 2206, CBS entered into an agreement with Rai Properties to construct a 12,000 square-foot, two-story office building in Kearnesyville. The contract required Rai to pay CBS $712,000 for materials and labors. Work was finished by June 14,2006, but payments stopped by October. CBS also entered an additional $21,766.04 bill for change orders. CBS placed a notice of mechanic’s lien against the property for $163,789.16. CBS is suing for breach of contract. The company is seeking $163,789.16 plus interest.
Case number: 07-C-96

March 22
Clyde M. Singleton and Tracy D. Singleton v. NVR Inc. dba Ryan Homes
PA-Sherman Lambert; J-Gina Groh
* The Singletons claim their basement was covered in about a foot of
sewage, pollutants, dirty water, feces, dirt and the like, which caused material injury to their property and person. They claim NVR failed to install the proper equipment in their front yard to alleviate sewage backup. They also claim NVR failed to notify them when their were purchasing their new home that their subdivision’s sewage combined to a conveyance and came to rest in their front yard. The Singletons have launched several counts against NVR including negligence and fraud. The couple is seeking monies
exceeding $3 million.
Case number: 07-C-98

Potomac Valley Contractors v. Rock Ferry LLC, Kettler Brothers Homes LLC, Acacia Federal Savings Bank, Peter L. Chakmakian, Alice Chakmakian and Arent Fox PLLC
PA-Richard McCune Jr.; J-Thomas Steptoe Jr.
* Potomac Valley entered into a contract with Kettler Brothers to
perform road work on property owned by Rock Ferry. The work was complete for a total of $190,217.50. Kettler Brothers allegedly refused to pay the bill, forcing Potomac Valley to put a notice of mechanic’s lien on the property. Potomac Valley alleges that Kettler Brothers, in addition to not paying the bill, has also locked into a airplane hanger their property including a water truck and 951 Cat loader, depriving the company of doing business since Jan. 15, 2007. Potomac Valley is seeking $190,217.50 plus interest and that an order of sale of the Rock Ferry property be entered to satisfy the lien.
Case number: 07-C-104

March 30
John Urciolo v. Citizens Communications Company, Frontier, Reed Nelson, Ogden Newspapers, Martinsburg Journal, Matthew Umstead and Edwin Fultz
PA- pro se; J-Gina Groh
* Urciolo alleges that a story published in The Journal following his arrest on March 30, 2005, was untrue. Urciolo was charged with “terroristacts, conveying false information concerning terrorist acts.” He alleges that Nelson purposely gave Umstead false information. Urciolo also alleges that Fultz was pressured into filing a criminal complaint against Urciolo because of pressure he was receiving from Nelson and other personnel at Frontier. He is seeking punitive damages individually from each plaintiff for $10 million.
Case number: 07-C-105

April 2
Isabella C. Hopkins and Robert Hopkins v. Richard J.Patterson M.D. and The Charles Town General Hospital Inc. d/b/a Jefferson Orthopedics
PA- Henry Lugan Jr.; J- Gina Groh
* On Jan. 24., 2005, Isabella Hopkins had a left total hip replacement to treat complaints of pain secondary to osteoarthritis in the left hip. She complained of pain after the surgery, but found that the new hip made the left leg a full inch longer than the right. The Hopkins claim Patterson and the hospital failed, among other things, to employ adequate diagnostic procedures an tests to determine the nature and severity of Hopkins’ conditions. The Hopkins claim Patterson and the hospital are negligent.
Case number: 07-C-106

April 3
Theresa Schwartzbeck and George E. Schwartzbeck Jr. and Green Apple Properties LLC, J. Douglas McCarthy & Associates, P.C., First Horizon Loan Corporation and Dale Kingan
PA-Aaron Amore; J-Gina Groh
* The Schwartzbecks claim that the plaintiffs participated in a scheme to induce them into taking a high-interest mortgage loan. They say the loan is structured that a balloon payment , which comes due after six months’ worth of payments would result in the loss of the family home. The Schwartzbecks are claiming unconscionable contract, fraud, joint venture, conspiracy and agency as well as unlawful debt collection. The Schwartzbecks are seeking punitive and statutory damages for each count.
Case number: 07-C-108

Roland K. Hostler Jr. v . Ernest Marshall
PA-Braun Hamstead; J-Gina Groh
* Hostler entered into a contract with Marshall to purchase several lots of the Harpers Ferry Campsites. He paid $9,200 prior to signing the contract including paying off a loan that Marshall took against the property. Marshall has taken steps to market the real estate, but Hamstead demanded that he execute a deed to him. Marshall has failed and refused to do so. Hamstead claims he has been damaged in not less than $45,000 and is seeking the monies with an additional
amount of not less than $100,000.
Case number: 07-C-109

April 5
Arnufo Labasbas and Lillie Labasbas v. Randall Rogers,
Shari Rogers and Agricredit Acceptance LLC.
PA-James Kratovil; J-Gina Groh
* The Labasbases entered into an agreement with the Rogers to sell a parcel of real estate in Summit Point, which included a tractor. But Rogers had used the tractor as a security for a loan with Agricredit
Acceptance and it was repossessed. The Labasbases claim breach of contract, fraud, and that Agricredit Acceptances’ taking of tractor was an illegal attempt to collect a debt. The Labasbases seeks $15,000 in compensatory damages and $100,000 in punitive damages as well as court costs and attorney’s fees.
Case number: 07-C-113

United Bank Inc. v. John Askintowicz III
PA-Michael Lorensen; J-Gina Groh
* Askintowicz entered into lease with United Bank for a office space in Charles Town on April 2002. Monthly rent was $1,200. On March 2, 2006, Askintowicz paid the back rent of $9,800. He also entered a commercial line of credit with United Bank. He has an outstanding total of $22,751.91 as of last demand. On Dec. 23, 2003, Askintowicz obtained a personal line of credit from the bank and owes $1,275.69. On Aug. 24, 2004, he opened up a checking account with the bank and owes $1,112.63 for unfunded checks. United Bank is seeking $34,940.23 plus penalties.
Case number: 07-C-114

CHARLES TOWN – A Maryland man seeks $10 million in punitive damages after a Martinsburg Journal reporter wrote a story that he says contained false and misleading information about him.

John Urciolo, who also has a residence in Jefferson County, filed a suit March 30 in Jefferson Circuit Court against Citizens Communications Company, Frontier Telecommunications Company, Ogden Newspapers, the Martinsburg Journal, Reed Nelson, Matthew Umstead and Edwin Fultz.

The suit says that on March 30, 2005, Uricolo was arrested and charged with “threats of terrorist acts, conveying false information concerning terrorist acts,” in violation of West Virginia Code.

Fultz, of the West Virginia State Police, submitted the charge, which Uricolo claims was based on false and misleading information provided by Frontier Telecommunications Company.

According to the suit, Matthew Umstead, a reporter with the Martinsburg Journal, interviewed Reed Nelson and others of Frontier and wrote an article, which appeared on the front page of the Martinsburg Journal. Uricolo claims the article was “laced with false information” and damaged his reputation.

Uricolo claims he suffered considerable embarrassment and personal anguish along with many sleepless nights as a result of the actions, the suit says.

Therefore, Uricolo seeks $10,000,000 in punitive damages.

Jefferson Circuit Court case number 07-C-105

CHARLES TOWN – A Jefferson County couple blames a home building company after more than a foot of sewage flooded their new home.

Clyde and Tracy Singleton filed a suit March 22 in Jefferson Circuit Court, against NVR. Inc., doing business as Ryan Homes.

According to the suit, the Singletons bought a new home Sept. 29, 2006, for about $409,000. On Nov. 12, 2006, they claim to have “noticed an extremely obnoxious odor liken to an outhouse inside their residence,” the suit says.

“They discovered that the basement level of their new home was consumed with approximately one foot of raw sewage, pollutants, dirty water, feces, dirt and debris,” the suit says.

According to the suit, the Singletons had to immediately leave their home and could not return until Feb. 23, 2007. However, although they were not living there, they had to pay all the bills, including “exorbitant electric bills caused by … NVR’s employees,” the suit says.

The suit claims NVR failed to install a shut-off valve in the front yard of the house, which put the house at risk for a collection of sewage back-up, malfunctions and flooding.

The suit says the Singletons had to spend great time and money fixing and re-sanitizing their home due to the bacteria caused by the untreated sewage. Their home also lost market value.

The Singletons, through attorney Sherman Lambert, demand compensatory and punitive damages from NVR.

Jefferson Circuit Court case number 07-C-98

April 11
Cellmark Inc. V. Halltown Paperboard
PA-Jeffery Gould; J- Gina Groh
* Cellmark is seeking to collect from Halltown Paperboard $69,435.95 plus pre-judgment for a past debt.
Case number: 07-C-11

April 16
David Hooe Jr. and Rosemary Hooe v. VDS Food and Beverage Services Inc. d/b/a Cliffside Bar and Grill
PA-Kirk Bottner; J- Gina Groh
* David Hooe claims that on April 17, 2005, he was a patron at the bar and “was having an enjoyable time” before he was ejected from the premises by an employee. He claims he fell nearly 10 feet to the ground after being thrown from a railing. Hooe claims he has accrued $8,000 in medical bills, missed work and has endured pain and emotional distress. Rosemary Hooe claims she suffered a loss of consortium. The couple is seeking an amount they believe that will fairly compensate them for his injuries.
Case number: 07-C-123

April 17
Meghan Cassi and Evelyn Grant
PA- Joseph Ferretti; J-Gina Groh
* On April 23, 2005, while driving on U.S. 340, Cassi was involved in an automobile accident and claims Grant is at fault. Because of the accident, Cassi has incurred medical expenses of excess of $28,000 and expects to incur more.
Case number: 07-C-124

CHARLES TOWN – A Jefferson County woman has filed a medical malpractice suit against a doctor after her hip replacement surgery caused one leg to be longer than the other.

Isabella and Robert Hopkins filed a suit April 2 in Jefferson Circuit Court against Dr. Richard Patterson and Charles Town General Hospital Inc., doing business as Jefferson Orthopaedics.

According to the suit, Patterson performed a total left hip replacement on Isabella Hopkins. Hopkins claims she was told her pains were ordinary post-surgical pains.

“However, it was discovered that the total hip replacement surgery left … Hopkins with a leg length discrepancy, with the left leg measuring nearly a full inch longer than the right leg,” the suit says.

As a result of the negligence of Patterson, Hopkins claims she experienced a great shock to her nerves and nervous system, pain, suffering and mental anguish and unnecessary procedures.

Isabella and Robert Hopkins, through attorney George Tolley III, seek damages against the hospital and Patterson.

Jefferson Circuit Court case number 07-C-106

April 23
Heritage Site Development Inc. v. RCMS dba Legacy Custom Homes and Tackley Mill LLC
PA-Christopher Luttrell; J-Gina Groh
* Heritage claims breach of contract with RCMS for excavation work on two parcels of land in Jefferson County property. Tackley Mill is owner of the land. Total services was $88,451.34 and RCMS has not paid to date. Heritage is seeking the monies as well as pre-judgment and post-judgment interest.
Case number: 07-C-134

April 24
Wanda S. Herren, Sheryl Y. Heider, Theda Y. Hudgins, Charles G. Metcalf, June M. Metcalf, Karen Metcalf, Madge Metcalf, Michael Metcalf, Rodney Metcalf, Ronald L. Metcalf, Sandra Miller, estate of Geneva Stephens, Harry Michael Stephens and Roy Young as beneficiaries of the estate of Jessie M. Metcalf, deceased, and Bank of Charles Town, as administrator, d.b.n, c.t.a., of the estate of Velma Metcalf and the estate of Jessie Metcalf. v. Joyce G. Webb and estate of Ballard Webb Jr.
PA- John C. Skinner and Christopher K. Robertson; J-Gina Groh
* The plaintiffs allege Webb did not properly administer the estate of Velma Metcalf and estate of Jessie M. Metcalf, costing the beneficiaries nearly $400,000 for not filing tax returns, penalties for filing tax returns late and legal fees. They are seeking that the estate of Ballard Webb Jr. reimburse the estate of Jessie Metcalf for $133,000. They are also seeking from Joyce Webb $67,000 plus sums paid the IRS, all other sums not accounted for by Joyce Webb and all sums Ballard Webb Jr. directly or indirectly. They are also seeking any other relief the court deems just and proper.
Case number: 07-C-135

April 25
Branch Banking and Trust Company v. Kevin Oaks
PA-Jeffery Gould; J-Gina Groh
* Branch Banking seeks $44,431.73 for a debt Oaks incurred on Dec. 18, 2006.
Case number: 07-C-137

April 26
Jacquita Puller v. Valley Credit Service Inc., CT Gym LLC dba Gold’s Gym Charles Town, William Bowen, individually, and John Doe (s), individually
* Puller claims that Valley Credit, acting for Gold’s Gym, violated the West Virginia Consumer Credit Protection Act. Puller claims her ex-husband, Derrick Plater, signed up for a Gold’s Gym membership with her as a member as she is the guarantor. She never signed any paperwork, however, when Plater defaulted on contract she was contacted. Puller claims Gold’s Gym and Valley Credit coerced her to pay an invalid debt. She claims the problem has ruined her credit. Puller is seeking an award for injunctive relief, actual damage, attorney fees and costs and statutory damages.
Case number: 07-C-138

CHARLES TOWN – A Jefferson County man blames a restaurant for his injuries after he says he was thrown out of the establishment.

David and Rosemary Hooe filed a suit April 16 in Jefferson Circuit Court, against VDS Food and Beverage Services, Inc., doing business as Cliffside Bar and Grill.

David Hooe claims that on April 17, 2005, while “having an enjoyable time,” he was roughly thrown out.

According to the suit, an employee of Cliffside Bar and Grill used force to remove Hooe and pushed him out the door and into a rusted metal railing.

The suit says the railing gave way and Hooe fell eight to 10 feet to the ground. He says he suffered injuries to his head, hip, wrist and back, including a concussion. Hooe claims he has accrued more than $8,000 in medical bills.

Hooe claims the owners of the establishment have a duty to maintain the entire property on which the restaurant is located. He also claims he was forced to miss work because of his injuries and suffered a significant loss of income.

David and Rosemary Hooe, through attorney Kirk Bottner, seek compensation to cover their injuries and losses.

Jefferson Circuit Court case number 07-C-123

CHARLES TOWN – A Jefferson County woman has filed a suit against a local fitness center, claiming they violated the West Virginia Consumer Credit Protection Act.

Jacquita Puller filed a suit April 26 in Jefferson Circuit Court, against Gold’s Gym in Charles Town.

According to the suit, on April 28, 2003, Derrick Plater, Puller’s former husband, obtained gym memberships for himself and for Puller. Plater completed and signed both contracts for the memberships and provided monthly payments through his savings account, the suit says.

The suit states that Puller did not go with Plater when he obtained the memberships, nor did she know the details of the contract.

However, Gold’s Gym has attempted to collect debt from Puller, by making false accusations and fraudulently attempting to collect the money, the suit says.

Puller claims her credit has been damaged, and she has been denied loans she would have received otherwise. She also claims she has faced embarrassment, humiliation and suffered inconveniences.

Puller, through attorney Kirk Bottner, seeks injunctive relief, damages and court costs, for her damages.

Jefferson Circuit Court case number 07-C-138

April 27
Kiesha Lisa Washington, Arlene Ann Washington, Albert Breeden and Dorothy Kees v. Norfolk & Southern Corporation, Norfolk & Souther Railway Co., a subsidiary of Norfolk Southern Corporation dba Norfolk Southern Railroad, John Doe, Sam Doe, Richard Doe
PA- Joseph Cordell; J-Gina Groh
* On April 28, 2005, two trains operated by Norfolk & Southern wrecked along the property of the the plaintiffs. The accident left property damage and dumped an estimated 3,000 gallons of diesel fuel on or near the properties. The plaintiffs claim the railroad has failed to clean property or test for contamination. They claim they have lost use of the property. The claim the damage is a private nuisance, public nuisance and that the railroad continues to trespass. The plaintiffs claim the railroad is liable for the environmental investigation, cleanup of the contamination in the soil as well as property damage. They are also seeking compensatory and punitive damages and an injunction be issued.
Case number: 07-C-140

April 30
Elliott & Franz Inc. v. Rock Ferry LLC and Kettler Brothers Homes LLC
PA-Carl L. Fletcher Jr.; J-Gina Groh
* Elliott & Franz is seeking an enforcement of mechanic’s lien against Rock Ferry LLC for the Rock Ferry Station property. The business claims Rock Ferry owes an outstanding rental payment of $114,705.73 as well as the interest of 1.5 percent per month. They are demanding that the ownership interest in the real property be sold and proceeds of the sale be awarded to Elliot & Franz Inc. The company has brought forth the same counts against Kettler Brothers.
Case number: 07-C-145

May 3
Melaine Pierce v. Chrysler Corporation
PA-Stephen G. Skinner; J-Gina Groh
* Pierce purchased a PT Cruiser on Sept. 9, 2006, for $18,998.00 with a service contract of an additional $1,469.00. She claims after purchasing the car she had several problems including the car losing power and stalling. She is seeking the damages for the costs of repairs as well as towing and other incidental expenses, damages for loss of use, annoyance and inconvenience.
Case number: 07-C-146

May 4
Christopher Harder, a minor by his mother and next friend, Samantha Dillow and Samantha Dillow, individually v. Thanigasalam Arumuganathan, M.D.
PA-George S. Tolley III; J-Gina Groh
* Dillow claims that the way Arumuganathan delivered her son, Christopher, resulted in grievous injuries and complications, including but not limited to severe and permanent right brachial plexus palsy. She claims that Arumuganathan failed to employ the proper treatment in the delivery of her son, resulting in negligence and carelessness. Dillow claims her son will have to continue to receive medical care.
Case number: 07-C-148

May 4
Deborah Florian v. Alicia Nichols, Bargain Pest Control LLC, ERA Liberty Realty and RE/MAX 1st Realty
PA-Christopher P. Stroech; J-Gina Groh
* After the purchase of her home from Alicia Nichols through an agent from ERA and RE/MAX, Florian found that the septic system contaminated the well system. The septic system had to be replaced because of its placement and malfunction. Florian claims that she was told prior to sell that the septic system was functioning properly and up to code. She is claiming breach of contract with Nichols, ERA, RE/MAX as well as Bargain Pest Control that was to inspect the well and septic system. She is also claiming negligence by all parties involved. She is requesting compensatory and punitive damages and her attorney’s fees and costs.
Case number: 07-C-149

May 4
Charles E. Rash v. State of West Virginia
PA-pro se; J-Gina Groh
* Rash is asking for a motion for conviction.On Dec. 17, 1998, Rash was arrested on multiple charges of domestic battery and was sentenced on Oct. 4, 1999. He claims his attorney, Keith Weathen, did not properly explain to him what his plea of guilty would mean.
Case number: 07-C-153

May 8
Subway of Shepherdstown and Martin Lookingbill and Mark E. Roper v. Joseph Gomez and Susmita Gomez and Kennedy and Sons Associates Inc.
* Lookingbill is 50 percent owner of Subway of Shepherdstown and Roper is 25 percent owner. Lookingbill and Roper agreed to sell 1,500 shares of common stock to Subway of Shepherdstown to Joseph and Susmita Gomez for $194,000. Under the terms of the promissory note, the Gomezes were to pay $174,000 and interest of 8 percent per annum in 60 monthly installments of $3,528.09 beginning July 30, 2005. Since Oct. 30, 2006, the Gomezes have failed to pay the installments.Lookingbill and Roper are claiming fraud and that the
Gomezes never intended to pay the installments. They are seeking $150,000 with pre-judgment and post-judgment interest, plus attorneyás fees and costs incurred. They are also demanding that the 1,500 shares of common stock revert back to Lookingbill and Roper. The are also demand assumption of all the assests of Subway of Shepherdstown.
Case number: 07-C-154

May 10
Joan Dechillo, Pamela Benvenuto and Louise Benvenuto v. John Benvenuto
PA-Dale Buck; J-Gina Groh
* The plaintiffs are tenants of John Benvenuto. They planned to market and sake the property and John Benvenuto was requested to do so, but did not. They are asking that the the land be divided equally or if impractical direct that the property be sold and proceeds be divided.
Case number: 07-C-156

May 10
Inmer Estrada v. Toschia Spriggs v. John Doe 1, Jane Doe 1, Jane Doe 2, Unknown Doe 1
PA-Kirk Bottner; J-Gina Groh
* Spriggs has filed a counterclaim against Inmer Estrada.(Spriggs correct name is Tasha Spring.) Spriggs claims that her landlord, Estrada, refused to accepted rent from her on several occasions after he asked her to move out without notice. She also claims she was threatened. She also claims he entered the property without proper notice. She is claiming infliction of emotional distress, trespassing, misuse of legal procedure, assault, larceny, breach of contract, private nuisance and destruction of property. Spriggs is seeking punitive damages including exclusive possession of the property.
Case number: 07-C-157

May 11
Leo Peck v. Kenneth Hertelendy and Cindi Hertelendy
PA-Stephen Skinner; J-Gina Groh
* Peck entered into a contract to paint the Hertelendys’ home. While he was there, he was asked to remove a light fixture and was assured that the circuit was off. During the removal of the fixture, Peck claims he was electrocuted. He is seeking punitive damages of at least $1 million for what he claims is their neglect.
Case number: 07-C-158

May 17
Delores F. Hose v. Donna Wilt
PA-Linda Gutsell; J- Gina Groh
* This case was removed to circuit court. Wilt has filed a counterclaim. Wilt leased a town home in December 2005 from Hose at $835 a month and a security deposit of $1,670. Wilt claims she found the town home to be in disrepair including roof was leaking and carpet was dirty. She also discovered a roach and mouse problem. She claims she was disturbed and interrupted her at home by letters and telephone calls. After 30 days notice, she vacated the premises. Wilt claims Hose refused to give her security deposit back and said she demanded payment $150 in payment Wilt is claiming breach of contract, violation of statute, breach of implied warranty of habitability, breach of fiduciary duty and conversion. She is seeking compensatory damages of $15,000 as well as pre- and post judgment interest. She is also requesting a view of the property.
Case number: 07-C-166

May 17
Patrick Neusch v. Dennis Danley
PA-pro se; J-Gina Groh
* Neusch claims Danley owes him for the services of boarding and
training a race horse. He claims Danley won’t return calls. Neusch claims he is owed more than $28,000.
Case number: 07-C-160

May 18
Thomas N. Poliseo, individually and in his capacity as administrator for the estate of Pauline G. Poliseo, deceased v. Rocco Poliseo; United States Department of Treasury, Internal Revenue Service; State of West Virginia, State Tax Department
PA-John K. Dorsey; J-Gina Groh
* Pauline Poliseo died on March 14, 2003, with her sole heir as Thomas N. Polisher. At the time of her death she owned a plot of land in Charles Town, but the first deed of trust had a lien against it for $132,300. At the time of her death she had not filed her 2001 or 2002 personal income tax to the IRS or State of West Virginia. For both years, she owed $75,369 to the IRS and $12,570 to the State of West Virginia. Following her death, Rocco Polisher filed a claim against the estate for burial and funeral costs totaling $16,426.34. The land was sold with $78,938.30 escrowed with the Stewart Title Guaranty Co. Rocco Poliseo is seeking help of the court to make sure the money in escrow is free and clear and guide the administrator of the estate how to disburse the balance of the funds among the claimants, costs and expenses.
Case number: 07-C-168

Chase Bank USA n/a successor in interest to Bank One Delaware na v. Leonard Rowtiz
PA-Andrew Bracken; J-Gina Groh
* Chase is seeking $26,577.77 from Rowitz for a past debt.
Case number: 07-C-171

May 25
Jake Secor v. West Virginia Racing Commission and George T. Sidiropolis, Andrew A. Payne III and Bryan Mitchell
PA-James T. Kratovil; J-Gina Groh
* Secor is seeking a petition for a stay for an adverse ruling of Board of Stewards of Charles Town Races & Slots. On May 19, 2007, the Stewards ruled that Secor violated certain rules of racing, fined him $1,000 and suspended him from racing for 180 days. He claims the Stewards conducted the hearing without allowing him the assistance of counsel. He claims his suspension of his license was not proper and wasn’t given adequate notice of the charges against him.
Case number: 07-C-183

Anthony Aguirre v. West Virginia Racing Commission and George T.
Sidiropolis, Andrew A. Payne III and Bryan Mitchell
PA-James T. Kratovil; J-Gina Groh
* Aguirre is seeking a petition for a stay for an adverse ruling of the Board of Stewards of Charles Town Races & Slots. On May 19, the Stewards ruled that Aguirre violated certain rules of racing, fined him $1,000 and suspended him from racing for 180 days. He claims the Stewards conducted the hearing without allowing him the assistance of counsel. He claims his suspension of his license was not proper and wasn’t given adequate notice of the charges against him.
Case number: 07-C-184

Jennivieve Burton v. West Virginia Racing Commission and George T. Sidiropolis, Andrew A. Payne III and Bryan A. Mitchell
PA-James T. Kratovil; J-Gina Groh
* Burton is seeking a petition for a stay for an adverse ruling of the Board of Stewards of Charles Town Races & Slots. On May 19, the Stewards ruled that Burton violated certain rules of racing, fined him $1,000 and suspended him from racing for 180 days. She claims the Stewards conducted the hearing without allowing him the assistance of counsel. She claims his suspension of his license was not proper and wasnát given adequate notice of the charges against him.
Case number: 07-C-185

June 1
Olga L. Higgins-Mendez v. Wallace A. Eden and Anthony Shaun Eden
PA-Paul Taylor; J-Gina Groh
* Higgins-Mendez claims that on June 3, 2005, her vehicle was hit by another vehicle driven by Anthony Eden. She claims she has incurred expenses in direct relation to the accident. She will not accept a judgment exceeding $75,000.
Case number: 07-C-193

State of West Virginia, ex rel, MaryLois Gannor-Miller, Matthew Ward, Philip T. Porterfield and Barbara Porterfield v. The City Council of the City of Charles Town, a corporation, Don Clendenning, Sandy Slusher McDonald, Amy Schmitt, Geraldine Willingham and Peggy Smith, as council members, Mayor and members of the City of Charles Town Canvass Board
PA-James T. Kratovil; J-Gina Groh
* The petitioners are seeking a writ of mandamus to compel the respondents, acting as Board of Canvassers for the City of Charles Town to accept andcount all votes cast by registered, qualified voters in the recent city election in the City of Charles Town. Following the May 24, 2007, election there were 25 contested ballots. City Council members concluded that 11 would be disallowed, 10 allowed, four held and considered at their May 31 meeting. At the May 29, the 10 allowed votes were announced without any attempt to
conceal the identities of the voters and whom the ballots were cast for. The petitioners claim that the Board of Canvassers should conduct the election without considering extrinic material; much count each vote unless legitimately challenged and challenge must be upheld by the board and may not refuse to count a ballot that has been properly cast in an election. They seek that the City of Charles Town Board of Canvassers count all of the votes of the authorized voters.
Case number: 07-C-194

CHARLES TOWN – A Jefferson County man has filed a suit against a Charles Town couple, claiming he was nearly electrocuted while working in their home.

Leo Peck filed a suit May 11 in Jefferson Circuit Court against Kenneth and Cindi Hertelendy.

Peck entered into a contract with the Hertelendys to paint their home. While there, Kenneth Hertelendy asked Peck to remove a light fixture. According to the suit, Cindi Hertelendy assured Peck she had turned off the circuit to the fixture.

When Peck “attempted to remove the light fixture, he was electrocuted because the power had not, in fact, been shut off,” the suit says.

Peck claims the Hertelendys were negligent because they should have known the light fixture had high voltage electricity running to it.

Peck claims he has had to endure great pain and suffering, permanent injuries, disfigurement, loss of normal life, and other damages. According to the suit, he was “hospitalized for more than a month and was without income at Christmastime.”

Peck claims he asked for at least partial payment for the work he had done on the Hertelendys home, but they refused, claiming they had to get someone else to finish the job.

Peck, through attorney Stephen G. Skinner, seeks punitive damages for $1 million and compensation for the work he completed.

Jefferson Circuit Court case number 07-C-158

June 1
James E. Dyer v. Deborah L. Hammond
PA-Joseph Ferretti; J-Thomas Steptoe Jr.
* On June 4, 2005, Dyer was a pedestrian at the KFC in Charles Town when he was hit by the vehicle driven by Hammond. Dyer received multiple contusions and injuries to his neck, shoulders, arms, hands and back. He claims to have “substantial medical expenses” as well as incidental expenses.
Case number: 07-C-195

June 4
James Cooper v. John P. Landis
PA- Neal Barkus; J- Thomas Steptoe Jr.
* Cooper has filed a breach of partner’s fiduciary duty and final termination of partnership. The two entered into a partnership for JCooper Gallery in Shepherdstown. In 2006, Landis asked for dissolution of partnership. Landis claims to have contributed additional capital, but Cooper disagrees. Cooper claims that Landis refused to pay bills associated with gallery, including Cooper’s salary. He is seeking a constructive trust for the benefit of the partnership; accounting and settlement of all partnership transactions; judicial supervision of windup up process; damages for breach of contract; payment by Landis in quantum meruit for the services rendered; declaration and final order of the court establishing each partner’s rights; as well as any relief the court deems just.
Case number: 07-C-196

June 5
Dairyland Insurance Company v. Franciso Velez Margaret Day, individually as guardian and next friend of infant Devin Day, Shirley Burris, as guardian and next friend Kiara Burris, Barbara Matlock and John Doe as guardian and next friend of infant Eric Anthony Price
PA-Brian Morrison; J-Thomas Steptoe Jr.
* Dairyland has filed a complaint for interpleader relief. On Oct. 15, 2006, driver Joshua Stamper pulled in front of a truck owned and operated by Margaret Day. Stamper’s vehicle was pushed into another vehicle driven by Barbara Matlock. Velez as well as the infants were passengers in Day’s car. Stamper was found to be fault of the accident. His insurance liability limited $20,000 per person and $40,000 per occurrence. There is dispute as to which person(s) should be entitled to any portions of the bodily injury liability limits. It is asking the court to whom funds should be disbursed. The company is permitted to pay $40,000 to the Clerk of the Circuit Court of Jefferson County. It is also asking to be discharged from any further liability or obligation.
Case number: 07-C-197

June 6
Palisades Collection LLC v. William L. Pindell
PA-John Balenovich; J-Thomas Steptoe Jr.
* Palisades is seeking $43,953.35 plus interest for an October 2002 debt.
Case number: 07-C-198

June 8
Theresa Bruso, individually and on behalf of and as next friend of her minor daughters, Ida May Bruso and Abigael Bruso v. Philip Dominski
PA-Jerry Hyatt; J-Thomas Steptoe Jr.
* On March 15, 2006, while driving on W.Va. 51 in Jefferson County, driver Dominiski traveled left of center of the roadway forcing Bruso to swerve her car violently. Bruso crashed into a rock wall and then Dominiski crashed into Bruso’s vehicle. Dominiski was charged with driving under the influence with injury and had been fleeing the scene of an accident when he struck Bruso’s car. Bruso’s car was totaled and her children were injured. She claims his actions were of an irresponsible attitude toward the safety and health of the public. She is seeking punitive damages as well as a judgment in an amount sufficiently compensate them for their injuries and damages as well as costs and attorney fees.
Case number: 07-C-199

CHARLES TOWN – A group of Charles Town residents filed a petition in the Jefferson Circuit Court seeking a writ of mandamus to the Charles Town City Council to have all cast votes counted.

Marylois Gannon-Miller, Matthew Ward, Philip T. Porterfield III and Barbara P. Porterfield filed a suit June 1 in Jefferson Circuit Court against the City Council of the City of Charles Town. Council members Don Clendenning, Sandy Slusher McDonald, Amy Schmitt, Geraldine Willingham and Charles Town Mayor Peggy Smith are all named as defendants.

Gannon-Miller is a resident of Charles Town and a candidate for city council. Ward is a sitting council member and member of the board of canvassers for the recent city council election.

Philip Porterfield III is a resident of Charles Town who “had his vote improperly challenged because of a mistake made by the Jefferson County Clerk’s office,” the suit says. Barbara Porterfield also had her vote challenged.

According to the suit, Charles Town had an election for city council May 24. The Board of Canvassers reported there were 25 contested ballots. Five days later there was a public meeting determining 11 of the 25 contested ballots would be disallowed, 10 would be allowed and four would be held and considered at the May 31 meeting.

At the meeting, “the 10 allowed votes were announced without any attempt to conceal the identities of these voters and in reading the contents of those allowed ballots it was apparent who each of these voters voted for,” the suit says.

The petitioners claim the board has a duty to conduct the election in a fair and impartial manner. The suit claims they “have a duty to conduct the election canvass in a manner so as to insure that each vote be counted unless legitimately challenged and that challenge be upheld by the board.”

The suit says the petitioners ask the court to issue a writ of mandamus asking the Board of Canvassers to count all of the votes of the authorized voters.

Attorney James P. Kratovil filed the case in Jefferson Circuit Court.

Jefferson Circuit Court case number 07-C-194

June 12
Joyce Puller v. Joan Rollison
PA- Paul Taylor; J-Thomas Steptoe Jr.
* On June 13, 2006, Rollison was driving when she crossed the center lane and hit a car in which Puller was a passenger. Puller claims that part of her injuries are permanent and lasting in nature. She is seeking compensation damages of an amount determined at trial and prejudgment interest.
Case number: 07C-204

June 15
Locust Hill Unit Owners Association v. James A. O’Meara and Virginia A. O’Meara
PA-Braun Hamstead; J-Thomas Steptoe Jr.
* The association claims that the O’Meara’s violated the restrictive covenants. The association claims that the O’Mearaes kept their home in unsightly or unkempt conditions; erected a pool without permission and made changes to their home without an OK through the architectural review committee. Plaintiffs wanted to be awarded reasonable attorney fees, expenses and costs.
Case number: 07-C-213

June 22
Hudson and Keyser LLC as assignee of Citibank v. Michell Mallory
PA-Dennis M. Shreve; J-Thomas Steptoe Jr.
* Hudson and Keyser is seeking a collection of a debt from Mallory. He had a $13,425.14 balance still owed with $8,707.08 interest from Sept. 20, 2004 to Sept. 30, 2006. He is incurring interest at the rate of 31.99 percent since Sept. 30, 2006, until date of judgment.
Case number: 07-C-219

June 25
Roy Michael Magaha v. Joseph A. Ware, Heidi G. Ware, Joseph A. Ware III and C. Neill Baylor Jr.
PA-Samuel Byrer; J-Thomas Steptoe Jr.
* Magaha entered into a three-year lease agreement of 246 acres on Worthington Farm with Baylor. Magaha began planting winter wheat on 15 acres of the property in October 2006. In fall 2006, Baylor entered into a purchase agreement of the land with Joseph A. Ware and Heidi G. Ware for $1 million. The land still contained Magaha’s harvest. Magaha is claiming ownership and lien interest into the wheat and straw crop planted on the property. He claims the Wares refused to allow him to harvest the crop. Magaha claims he has suffered substantial damages as a result of the breach and his crop has been diminished because of the Wares’ timbering activities. He is seeking that the court appoint a special receiver, in accordance with the law, to control, oversee and account for wheat and straw harvests on Worthington Farm.
Case number: 07-C-223

June 25
David F. Brackett Jr. v. David Feagans
PA-James T. Kratovil; J-Thomas Steptoe Jr.
* Brackett and Feagans entered into an oral agreement relating to a loan of $73,000. Brackett claims he paid the loan, plus an additional $19,000 fearing “extortionate threats” made by the Feagans for a total of $92,000. During the loan, Brackett used his car for collateral and drew up a bill of sale with Feagans. Brackett has continued to pay insurance and make payments on the car while in Feagans’ care. Brackett also claims Feagans impersonated a police officer and has made numerous threats. Brackett is seeking the return of his car, actual damages of $100,000, punitive damages of $500,000 and reasonable attorneys fees and costs.
Case number: 07-C-224

June 27
A.L.L. Construction Inc. v. Sheridan LLC
PA-Mary K. Prim; J-Thomas Steptoe Jr.
* A.L.L. Construction was contracted by Sheridan to complete construction work at Sheridan Subdivision in Charles Town. A.L.L. completed work and provided equipment and materials, however, Sheridan has failed to pay the business in full. A.L. L. is seeking $200,000 plus interest and collection costs, reasonable attorneys’ fess and other damages including but not limited to payroll costs, overhead costs, home office costs, loss of profit, loss of interest on amounts due, damage to A.L.L.’s business reputation.
Case number: 07-C-228