May 7
Michael S. Locke v. Countrywide Home Loans Inc.
PA – Sara Bird; J – Sanders
* The plaintiff alleges wrongful foreclosure on his home after he began struggling with payments and was beset with foreclosure rescue scams. The defendant informed the plaintiff it would provide him with a loan modification, but failed to provide a realistic and sustainable modification for the plaintiff. After a series of requests for changes were reviewed and denied, the defendant informed the plaintiff that a new loan modification would be executed and delivered to him, but it never appeared. The plaintiff was unsuccessful in obtaining information when he called to inquire about the promised loan modification and payment procedure. Unbeknownst to the plaintiff, a foreclosure sale was conducted on Nov. 10, 2009, at which the property was purchased by efendant servicer for $153,000. The plaintiff is alleging unconscionable inducement, fraud, breach of contract and negligent misrepresentation. The plaintiff is requesting appropriate equitable relief and other such relief as deemed just.
Case number 10-C-148

May 12
Mark’s Tank Cleaning, Inc. v. Randy Huffman, cabinet secretary of the West Virginia Department of Environmental Protection
PA – Sherman L. Lambert Sr.; J – Sanders
* The plaintiff brings action against the West Virginia Department of Environmental Protection for $23,040 for unpaid invoices for pumping, hauling and disposing of “leachate” from the Jefferson County Landfill. The bid for the project expired on Aug. 31, 2009. The plaintiff performed work after Aug. 31, 2009 until January 2010, without a written contract. The defendant suggested that payment to independent contractors is not required without written contract, even if substantial work is performed. The plaintiff claims that the defendant failed to adequately train and supervise their employees of the adverse financial consequences to contractors by offering and promoting implied contracts. The plaintiff is requesting exemplary and punitive damages in the amount of $10 million to make an example of the defendant to deter future misconduct. In addition to attorney fees and expense of litigation.
Case number: 10-C-51

May 21
Donald T. Virts Jr. vs. Weltman, Weinberg & Reis Co. L.P.A. and Huntington Bancshares Inc.
PA – Andrew Skinner; J – Sanders
* The defendant, a collection agency and debt collector, sent letters to the plaintiff to collect alleged unpaid debt in the amount of upwards of $407,500. These letters are violations of the West Virginia Consumer Credit and Protection Act in that the letters allegedly misrepresent the plaintiff, who claims he did not owe money to the defendant. The plaintiff seeks all damages that are allowable under the law.
Case number: 10-C-175

CHARLES TOWN — Mark’s Tank Cleaning is suing the West Virginia Department of Environmental Protection cabinet secretary for failure to pay more than $20,000.

John Does 1 through 5 were also named as defendants in the suit.

Mark’s Tank Cleaning held an express contract with WVDEP and Randy Huffman that expired Aug. 31, 2009, according to a complaint filed May 12 in Jefferson Circuit Court.

The plaintiff claims it submitted a bid for the future work regarding the landfill project and the WVDEP requested that it continue working on the project until a candidate was selected.

The written contract between the plaintiff and the WVDEP expired Aug. 31, 2009, but the plaintiff continued to work on the project until the WVDEP chose a suitable candidate, according to the suit.

Mark’s Tank Cleaning claims it performed the work on the landfill until January 2010 by pumping, hauling and disposing of a liquid agent known as leachate from the Jefferson County Landfill.

The plaintiff claims the defendants failed to pay for the services performed in the amount of $23,040.

As a result of the defendants’ negligence, Mark’s Tank Cleaning was financially ruined and unable to pay its tax obligations and creditors, according to the suit.

Mark’s Tank Cleaning is seeking monetary general damages for unpaid invoices, plus liquidated damages with interest; special damages; consequential damages; and exemplary and punitive damages in the amount of $10 million.

Jefferson Circuit Court case number: 10-C-151

CHARLES TOWN — A Jefferson County farm is suing Virginia horse trainer after it claims she is not registered or licensed in West Virginia or Virginia.

Locust Knoll Farm entered into a contract with Jean Rofe for horse training and racing services, according to a complaint filed May 17 in Jefferson Circuit Court.

The farm claims Rofe does business under the name Rofe Racing, but that she is not registered or licensed in West Virginia or Virginia and continues to conduct business regardless.

Rofe performed horse training and racing services for the farm from Feb. 2, 2004, until May 27, 2008, according to the suit,

The farm claims it paid Rofe $465,154.50 between Dec. 1, 2005, and Nov. 8, 2007, for her services, but that she failed to properly perform the horse training and racing services as required by the contract.

Locust Knoll claims Rofe failed to train and race the horses in accordance with the standard and normal practices required of a horse trainer and failed to train and race the horses with the appropriate level of expertise required.

Locust Knoll is seeking damages in the amount of $465,154.50 for services paid and not rendered, $100,000 for the diminution in value of its horses and $100,000 in lost earnings, interest, costs, attorneys’ fees and/or such other amounts the Court deems proper. It is being represented by Michael J. Novotny.

Jefferson Circuit Court case number: 10-C-169

CHARLES TOWN –- Workers’ compensation insurer Brickstreet Mutual must pay a man for loss of his fingers, not because his employers carried the right coverage but because Brickstreet let them think they did, Jefferson Circuit Judge David Sanders ruled.

Sanders granted summary judgment in May to Summit Point Raceway Associates, a wood flooring shop in Summit Point, holding that BrickStreet breached its policy.

Sanders ordered BrickStreet to reimburse Summit Point Raceway Associates not only for an injury to worker Brandon Gregory but also for $190,000 in legal defense costs.

Gregory lost fingers in 2007, when a machine blade snared his glove.

He sued Summit Point Raceway Associates, company president William Scott, and shop supervisor Clyde Phillips.

He alleged deliberate intent, seeking an exception from workers compensation law that generally prohibits civil suits over work injuries.

Workers can claim deliberate intent if employers knowingly expose them to high risks.

Summit Point notified BrickStreet of the suit and asked it to assume costs of defense.

BrickStreet didn’t respond, and Summit Point sent another notice.

BrickStreet still didn’t respond, and Summit Point sent a third notice.

Four months after the first notice, BrickStreet denied coverage on the grounds that Summit Point’s policy didn’t cover deliberate intent.

Summit Point responded that under state law, BrickStreet had to offer the coverage and obtain a waiver from any employer who turned it down.

BrickStreet claimed it offered “broad form coverage,” and Summit Point declined it.

Maria Orsini of Summit Point signed an affidavit swearing, “Had broad form coverage been explained to me by Brickstreet, Summit Point would have purchased that coverage.”

She wrote, “I reasonably expected that Summit Point’s insurance policy with BrickStreet would have covered injuries and lawsuits similar to Brandon Gregory’s injury and lawsuit.”

Sanders agreed with Orsini, finding nothing in the record to show that a BrickStreet agent explained the policy to Summit Point personnel.

“Indeed, no BrickStreet agent ever met with Summit Point personnel at all,” he wrote.

BrickStreet’s failure to make an offer and obtain a waiver resulted in automatic inclusion of the coverage in the policy, he wrote.

“Whatever BrickStreet meant by the term ‘broad form,’ use of that term was not an explanation,” he wrote.

“BrickStreet provided absolutely no evidence of a knowing and informed rejection of deliberate intent coverage by Summit Point,” he wrote.

Summit Point reasonably believed its policy covered Gregory’s suit, he wrote.

“Summit Point was forced to defend the case at its own cost — approximately $190,000 –- and settle the case without any assistance from BrickStreet,” he wrote.

“These damages flowed directly and proximately from BrickStreet’s breach of contract; they are familiar and expected consequences,” he wrote.

He ruled that the $100,000 limit on Summit Point’s policy did not apply because, “limits were never offered or discussed.”

He ordered BrickStreet to pay Summit Point the settlement amount, defense costs, interest, and the legal fees Summit Point paid to litigate against BrickStreet.

He wrote that if lawyers couldn’t reach an amicable settlement in ten days, Summit Point could bring a motion for damages.

Ten days passed without settlement. As of June 22, Summit Point had not filed a motion for damages.

Richard McCune of Martinsburg represented Summit Point. Angela Herdman, of Spilman Thomas and Battle in Charleston, represented BrickStreet.

The law requiring BrickStreet to offer deliberate intent coverage expired in 2008, at the end of a monopoly that the Legislature granted at its creation in 2006.

June 18
Aramenta M. Benjamin vs. Sheetz Inc.
J – Sanders; PA – Terrance L. Britt
* Benjamin fell on water on a bathroom floor at a Sheetz location. The plaintiff seeks compensatory damages, pre- and post-judgment interest, costs and other relief up to $74,999.99.
Case number: 10-C-216

June 22
Timothy J. Foltz vs. James B. Crawford III
J – Sanders; PA –pro se
* Foltz, who created an L.C. with the defendant in 2002 to develop a 185-acre parcel of land, is demanding judgment against the B.K. Haynes individually, B.K. Haynes Corporation, Haynes-Foltz L.C. and B.K. Haynes Land Brokers in the amount of $2.1 million compensatory damages plus legal interest after the Defendant breached the operational agreement and misappropriating funds through the L.C.
Case number: 10-C-218

July 21
Christina Holmes vs. Coin Acceptors Inc., Royal Vendors Inc. and Charity Fleming
J – Sanders; PA – Harry Waddell
* On Sept. 1, 2009, the plaintiff was discharged as an employee of the defendant for amassing too many absences. The plaintiff lost time as a result of her duty as a volunteer fireman with Independent Fire Company in Charles Town responding to emergency calls prior to the time she was due to report to work. Holmes is requesting judgment for general damages; back pay; anticipated lost future earnings; reinstatement and costs incurred in prosecuting this civil action.
Case number: 10-C-273

Aug. 2
Warren Helm v. Ramona A. Wallace
J – Sanders; PA – David Skillman
* The Defendant borrowed $20,000 from the Plaintiff on November 26, 2006, and $20,000 on March 2, 2006, agreeing to pay back the Plaintiff on March 31, 2007 and March 31, 2008, respectively.
The Defendant tendered a check in the amount of $20,000 in 2008 and later stopped payment. The Plaintiff demands judgment against the Defendant in the amount of $40,000, with interests, costs and reasonable attorney fees.
Case number: 10-C-290

Aug. 4
Agricultural Commodities, Inc. v. Ralph B. Moler
J – Sanders; PA – Braun A. Hamstead, Richard A. Sussman
* The Plaintiff is requesting judgment in the amount of $60,800.15 plus accruing finance charges at the rate of $950 per month from July 2, 2010, for goods purchased during the months of March and April 2010. The Plaintiff also requests reasonable attorney fees, expenses, costs.
Case number: 10-C-291

Aug. 20
Toni L. Smoot v. 7-Eleven Inc.
J – Sanders; PA – Terrance L. Britt
* The plaintiff demands judgment on account of personal injury demands after she fell as the result of a whole in an exterior sidewalk at a 7-Eleven convenience store in Harpers Ferry. The plaintiff is requesting an amount sufficient to compensate her for the injuries sustained; pre-judgment interest on all items of ascertainable pecuniary loss up to the date of the trial.
Case number: 10-C-303

Michael E. Briel, administrator of the Estate of Bernice H. Tressel v. Edward J. Walsh Jr.
J – Sanders; PA – David A. Camilletti
* The plaintiff is requesting favor in the amount of $48,135.98 in principal and $16,430 plus pre- and post-judgment interest. According to court records, the defendant executed three promissory notes between June 2004 and April 2007, which have been remained unpaid.
Case number: 10-C-304

Sept. 16
Edward S. Kurz Jr. and Frances H. Kurz vs. John D. McKee
J-Sanders; PA-Braun A. Hamstead
* The plaintiffs seek an amount no less than $100,000 for damages to real estate that resulted in damages to their property. The plaintiffs also seek punitive damages in an amount not less than $500,000. They ask for the court to prevent the defendant from trespassing on their property and to restore the fence, vegetation and trees which were removed from the common boundary line and from the real estate.
Case number: 10-C-335

CHARLES TOWN – Special prosecutor Daniel James dropped a charge that publisher Thomas Harding of the Observer in Shepherdstown broke election law by photographing a poll worker at a polling place.

On Oct. 13, Circuit Judge David Sanders granted James’s motion for “nolle prosequi,” meaning no prosecution.

Sanders dismissed the case without prejudice, preserving James’s option to reinstate it.

State law forbids news personnel from entering polling places, but Harding challenged the law as a violation of First Amendment freedom.

He already had scored a First Amendment victory when the Supreme Court of Appeals ruled that he could see signatures on a referendum petition.

Both cases arose from the same referendum campaign, a year ago, over the county zoning ordinance.

When Harding asked to see petitions, county officials turned him down.

He appealed to Sanders, who sided with the county.

He appealed to the Supreme Court, but didn’t obtain a decision prior to the election.

On election day, petition organizer Ronda Lehman acted as chief poll worker at a polling place.

Harding went there, took a photo, and posted it on the Observer website with an article about Lehman supervising a referendum she organized.

Lehman filed a complaint with Secretary of State Natalie Tennant, who appointed James as special prosecutor.

James charged Harding under state law providing that news media personnel may not enter a polling place or a building housing a polling place.

Harding’s attorneys, Andrew Arnold of Arnold and Bailey in Shepherdstown and Ashley Pack of Dinsmore and Shohl in Charleston, filed a brief arguing the law violated the First Amendment.

They pointed out that the law allowed anyone but a journalist to shoot a picture in a polling place.

After James dropped the charge, Arnold said, “I am delighted that the State chose to not contest my argument which results in a dismissal for my client.”

Bottner

Skillman

CHARLESTON -– Records show two eastern panhandle attorneys, who also serve as mental hygiene commissioners, have entered pleas, and received reduced sentences on their respective drug and alcohol charges.

Court records show Kirk Bottner, and his partner, David Skillman, both 42, were arrested, and charged with separate and unrelated drug and alcohol offenses during the last two years. Bottner was charged with possession of marijuana in Loudon County, Va. in June 2008, while Skillman was charged with aggravated DUI in Jefferson County this June.

According to the uniform summons issued by Loudoun County Sheriff’s Deputy R.R. Ortutay, Bottner was arrested on June 29, 2008, at 19661 Belmont Manor Ln. in Ashburn, Va. Ortutay provides no narrative of what led him to arrest Bottner.

Records show after initially appearing in Loudoun General District Court two months later, Bottner appeared again on Nov. 25, 2008, and plead guilty to an amended charge of trespassing.

On condition he complete 50 hours of community service by May 23, 2009, and undergo a substance abuse evaluation, the Loudoun County Commonwealth’s Attorney’s Office agreed to defer his sentence. Records show Bottner’s diversion period ends Dec. 1.

According to the criminal complaint filed in Jefferson Magistrate Court, Trooper First Class M.J. Glende stopped Skillman on June 11 after he noticed the 2006 GMC truck Skillman was driving on W. Va. 9 “cross[ed] over the white fog line several times almost running off the roadway.” After asking to see his license and registration, Glende said he noticed Skillman’s “eye’s to be extremely bloodshot and glassy.”

Later, Glende asked Skillman to exit his vehicle, and perform three field sobriety tests which he failed. After also failing a preliminary breath test, Glende placed Skillman under arrest, and took him to the State Police’s Charles Town detachment.

Less than an hour after he was stopped, Skillman was administered a breathalyzer test in which he blew a .211. Thereafter, Glende says he charged Skillman with aggravated DUI, and defective equipment.

Records show, Skillman plead no contest to a reduced charge of reckless driving on Sept. 22, and ordered to pay $261 in fines, and court costs. The defective equipment charge was dismissed.

In addition to having their own law firm, Bottner and Skillman also serve as mental hygiene commissioners for Jefferson, Berkeley and Morgan counties. Usually appointed annually by the chief judge of each judicial circuit, mental hygiene commissioners are attorneys who hold hearings to determine if people should be committed to mental health facilities due to mental illness or drug or alcohol addiction.

According to their firm’s Web site, Bottner has served as a commissioner since 2002, and Skillman since 2006. Last year, the state Auditor’s Office reported they earned $24,000, and $17,000, respectively, performing mental hygiene work.

The West Virginia Record attempted to obtain comments about the charges, and plea agreements. Neither Colleen Hardy, assistant Loudon County Commonwealth’s Attorney nor James Casimiro III, assistant Jefferson County Prosecuting Attorney, returned repeated telephone calls.

When contacted, Bottner’s attorney, Thomas Mulrine in Leesburg, Va., declined comment. An attempt to reach Skillman, whose counsel of record is not listed, was unsuccessful as a woman who answered the telephone at this office said he was out of town with Bottner for a legal education seminar.

Loudoun County, Virginia General District Court, case number GT-08032995-00 (Bottner); Jefferson Magistrate Court, case numbers 10-M-2056-57 (Skillman)

Sept. 1
Janet D. Pierce individually and as Next Friend of Jadyn Raymond, a minor vs. Orange Blossom Express Line, Melvin J. Long and Roger Lee Boone
PA-F. Samuewkl Byrer; J-David H. Sanders
* Plaintiff claims defendant was negligent and caused vehicle accident on Sept. 4, 2009, on Route 340 with Boone driving an Orange Blossom Express vehicle. Plaintiff sustained injuries with medical expenses in excess of $33,000. Plaintiff seeks an amount of damages to be determined at trial.
Case number: 11-C-305

Sept. 6
FIA Card Services NA vs. Jason R. Burns
PA-Edna Coulter; J-David H. Sanders
* Plaintiff claims defendant owes at least $51,997.52 plus interest for past due credit agreement.
Case number: 11-C-315

Sept. 7
Gerard Ashbaugh vs. Donald Painter
PA-Dale Buck; J- David Sanders
* Plaintiff claims he was injured when a co-worker knocked him off a roof of a property in Shepherdstown where he was working. Claims defendant failed to provide him with safe workplace and was negligent. Plaintiff seeking an amount of damages to be determined at trial.
Case number: 11-C-318

Sept. 8
Jessica Bachtell, duly appointed representative of the Estate of Patrick Bachtell vs. Potomac Construction Industries Inc.
PA-Mark Jenkinson; J-David H. Sanders
* Plaintiff claims defendants negligently violated duty of reasonable care owed to Patrick Bachetell who weas killed by electrocution while working for defendant on job in Jefferson County on Oct. 22, 2010. Claim they have suffered more than $3,717,080 in economic damages. Seeking an amount of damage to be determined at trial.
Case number: 11-C-321

Sept. 8
Valley Equite Associates PPLC vs. Patricia M. Sanderson, Wade S. Sanderson, David L. Leonard, Locust Knoll Farm Inc.
PA-Christopher R. Moore; J-David H. Sanders
* Plaintiff claims defendants owe at least $63,175.03 for breach of contract and past due credit agreements. Plaintiff seeking that amount plus interest.
Case number: 11-C-322

Sept. 15
Potomac Edison Co. vs. Martin Seibert LC, Paul B. Weiss
PA-Avrum Levicoff; J-David H. Sanders
( Plaintiff claims to have incurred substantial legal expenses after it had to refile a case that claimed Potomac Edison was negligent in installation and maintenance of a transformer in Ranson. Plaintiff claims Def. Weiss failed to properly represent plaintiff in case and committed malpractice.
Case number: 11-C-334

Sept. 23
Joseph T. Greenley vs. Cornell E. Herbert, Westfield Insurance Co.
PA-Sherman Lambert; J-David H. Sanders
Plaintiff claims Greenley inflicted bodily harm on Sept. 27, 2009, in Jefferson County. Claims negligence on part of Westfield Insurance Co. who provides homeowner’s policy. Plaintiff is seeking more than $250,000 in compensatory damanges and an additional amount to be determined at trial.
Case number: 11-C-350

Sept. 23
Thanigasalam Armuganathan, MD vs. WVUH-East, Inc., Jefferson Memorial Hospital, Board of Directors, et al, Konrad C. Nau, MD individually and as VP of Medical Affairs for Jefferson Memorial Hospital, et al
PA-Richard G. Gay; J-David H. Sanders
* Plaintiff claims he was unconstitutionally suspended from his position at Jefferson Memorial Hospital and tht he was denied due process. Plaintiff claims Nau maliciously damaged his ability to continue to practice medicine. Plaintiff seeks reinstatement to medical staff of Jefferson Memorial Hospital as well as compensatory damages to be determined at trial.
Case number: 11-C-354

Sept. 27
Citibank N.A. vs. Jerome Bryant
PA-Andrew N. Frye III; J-David H. Sanders
* Plaintiff claims defendant owes at least $68,835.43 plus interest for past due credit agreement.
Case number: 11-C-362

Oct. 5
M.S. Johnston Company, Inc. vs. Toppers Restaurant and Bar, Flowing Springs Pub LLC
PA-Eric Hulett; J-Sanders
* Plaintiff sold various kitchen and restaurant equipment in the amount of $24,725 to defendants. Plaintiff claims defendants have failed to pay balance due. Plaintiff seeks unpaid balance of $14,725 plus interest.
Case number: 11-C-377

Oct. 7
Dianne L. Rinker vs. Earlene B Lucas
PA-J. Michael Cassell; J-Sanders
* Plaintiff claims defendant negligently and recklessly operated a motor vehicle causing an accident. Plaintiff suffered injuries to her person. Plaintiff seeks at least $50,000 or more to be determined at trial.
Case number: 11-C-382

Oct. 11
Branch Banking & Trust vs. Marilyn Howell
PA-Christopher R. Moore; J-Sanders
* Plaintiff claims defendant owes at least $63,644.68 plus interest for past due credit agreement.
Case number: 11-C-384

Oct. 13
Rebecca Mowbray vs. Credit Acceptance Corp.
PA-Stephen Skinner; J-David Sanders
* Plaintiff claims defendant violated WV Consumer Credit Protection Act. Plaintiff seeks damages in amount to be determined at trial.
Case number: 11-C-389

Oct. 20
Branch Banking & Trust Co. vs. Richard E. Cunningham and Mary Ellen Cunningham
PA-Charles Bagley, III; J-David Sanders
* Plaintiff claims defendant owes at least $94,410.00 plus interest for past due credit agreement.
Case number: 11-C-398

Oct. 27
Cynthia Brown, Individually and as Administratrix and Personal Representative of the Estate of Michael DeWitt Busey vs. Robert Jones, M.D. and Jeffrey Stead, M.D.
PA-Barry Nace; J-David Sanders
* Plaintiff claims in 2009 decedent was treated by defendants who failed to diagnose gastric cancer. Plaintiff claims medical negligence and wrongful death. Plaintiff seeks judgment in amount to be determined at trial.
Case number: 11-C-466

Oct. 27
Maureen Doud vs. Jami Schiller-Johnson and Jeff Johnson
PA: Pro Se; J-David Sanders
* Plaintiff claims defendants damaged rental property. Plaintiff seeks judgment in the amount of $29,682.00 for cleaning and repairs.
Case number: 11-C-408

Nov. 3
Ronald Walters, Theresa Walters vs. Bank of America, NA on its Own behalf and as Successor by Merger to BAC Home Loan Servicing LP
PA-Stephen Skinner; J-David Sanders
* Plaintiff claims defendant violated the WV Consumer Credit and Protection Act. Plaintiff seeks damages in amount not to exceed $74,999.00.
Case number: 11-C-417

Nov. 4
Leah C. Taylor vs. City of Ranson, WV and Ranson Planning Commission
PA-Jeffrey Mehalic; J-David Sanders
* Plaintiff claims she opened a business in Ranson after complying with changing ordinances and working through many obstacles imposed by the city. After closing business due to poor economy, plaintiff attempted to re-open a business in same location and was denied right due to uninhabitable classification imposed by city. Plaintiff claims negligence and detrimental reliance on part of defendant. Plaintiff sees judgment in an amount to be determined at trial.
Case number: 11-C-419

Nov. 7
Donald R. Burgess and Patricia E. Burgess vs. Corporation of Shepherdstown, a municipal corporation and Jim Auxer, Mayor, in his individual and official capacity and John Doe, I-X
PA-Linda Gutsell; J-David Sanders
* Plaintiffs claim they were denied building permit based on ordinance that was not lawfully adopted. Plaintiff claims loss of income and seeks damages from all defendants in an amount to be determined at trial.
Case number: 11-C-421

Nov. 7
Citibank, NA vs. Gary W. Cogle, Jr. and Sue E. Cogle
PA-Andrew Frye, III; J-David Sanders
* Plaintiff claims that defendants owe more than $81,827.15 for past due credit agreement.
Case number: 11-C-422

Nov. 10
Michael Onheiser vs. PNGI Charles Town Gaming, LLC d/b/a Hollywood Casino at Charles Town Races
PA-Joseph Ferretti; J-David Sanders
* Plaintiff claims that he was injured on or about Nov. 19, 2009 when a chair collapsed that he was sitting in at slot machines. Plaintiff claims faulty installment and negligence. Plaintiff seeks an judgment in an amount to be determined at trial.
Case number: 11-C-428

Nov. 14
Citibank, NA vs. Shawn F. Wilt and Monique G. Nissen
PA-Andrew Frye, III; J-David Sanders
* Plaintiff claims defendant owes more than $71,137.56 for past due credit agreement.
Case Number 11-C-431

Nov. 14
Bank of Clarke County vs. Patricia M. Sanderson
PA-Julie Shank; J-David Sanders
* Plaintiff claims defendant owes more than $56,630.20 for past due credit agreement.
Case number: 11-C-434

Nov. 14
Bank of Charles Town vs. N/L Entertainment LLC
PA-Stephen Skinner; J-David Sanders
* Plaintiff claims defendant, operating Alamo Drafthouse Theatre in Winchester, Va. was negligent in preventing theft of debit cards and credit information of its customers which led to fraudulent transactions. Plaintiff seeks more than $29,919.74 for damages.
Case number: 11-C-436

Nov. 23
Wesley D. Massey vs. Donelson & Carnell, MD, PA d/b/a Frederick Internal Medicine & Endocrinology Services
PA-Garry Geffert; J-David Sanders
* Plaintiff claims defendant continued collection proceedings after bankruptcy was filed, violating West Virginia Consumer Credit and Protection Act. Plaintiff seeks up to $74,999.99.
Case Number: 11-C-451

Wesley D. Massey vs. Frederick Memorial Hospital Inc. d/b/a Frederick Memorial Healthcare System
PA- Garry Geffert; J-David Sanders
* Plaintiff claims defendant continued collection proceedings after bankruptcy was filed, violating West Virginia Consumer Credit and Protection Act. Plaintiff seeks up to $74,999.99.
Case Number: 11-C-452

Nov. 29
Carol A. Massey vs. General Surgery Specialists
PA-Garry Geffert; J-David Sanders
* Plaintiff claims defendant continued collection proceedings after bankruptcy was filed, violating West Virginia Consumer Credit Protection Act. Seeks ups to $74,999.99.
Case Number: 11-C-455

Nov. 30
Lori Ann Staubs, as mother and next friend of Jessica Lynn Staubs, a minor child and as Administratrix of the Estate of Samantha Nichole Dawn Staubs, deceased vs. Nationwide Insurance Co.
PA-Charles Trump, IV; J-David Sanders
* Plaintiff claims defendant failed to pay settlement resulting from an accident in December 2006 in which one daughter was killed and one severely injured. Individual Ray Marcus was found liable and insurance agreement was reached; however defendant is now seeking to appeal that agreement. Plaintiff seeks $125,000 already agreed upon and whatever other damages court may assess.
Case Number: 11-C-456

Dec. 2
Blue Ridge Mountain Volunteer Fire Company, Inc. vs. Susan Roxanne Carter
* Plaintiff claims defendant served as treasurer of fire company from 2007 to 2009 and alleges she developed a continuing scheme of fraud and embezzlement. Plaintiff is seeking judgment for all losses and any other damages court may assess.
PA-Peter Pentony; J-David Sanders
Case Number: 11-C-457

Dec. 7
Cedar Air Park Holdings LLC vs. Jefferson County Planning Commission
PA-Eric Hulett; J-David Sanders
* Plaintiff seeks writ of certorari and writ of mandamus with regard to planning commission’s denial of a request for a subdivision application. Plaintiff seeks a reversal of the decision and relief as ordered by the court.
Case Number: 11-C-460

Dec. 7
Donald Orser vs. Angela L. Banks, Assessor of Jefferson County
PA- Pro Se; J-David Sanders
* Plaintiff claims defendant failed to respond to a Freedom of Information Request (FOIA). Plaintiff seeking requested information and legal costs.
Case Number: 11-C-461

Dec. 8
Tonja Majkowski vs. Consumer Solutions 3, LLC, Clearvue Opportunity XX, LLC; Vaitrum Capital Inc. d/b/a Acqura Loan Service and Nationstar Mortgage LLC
PA-Aaron Amore; J-David Sanders
* Plaintiff claims violation of the West Virginia Consumer Credit Protection Act. Seeks ups to $74,999.99.
Case Number: 11-C-462

Dec. 12
John Richard Thomas vs. Charles Town Police Department
PA-Pro Se; J-David Sanders
* Plaintiff claims Charles Town Sgt. G. Manning used excessive force in an arrest. Plaintiff claims force caused physical damage resulting in stitches and staples. Plaintiff is seeking up to $800,000 in damages.
Case Number: 11-C-470

CHARLES TOWN — A Maryland man is suing PNGI Charles Town Gaming after he was injured when he fell from a chair.

PNGI Charles Town Gaming is doing business as Hollywood Casino at Charles Town Races.

On Nov. 19, 2009, Michael Onheiser was a patron at the Hollywood Casino, where he was playing the slot machines, according to a complaint filed Nov. 10 in Jefferson Circuit Court.

Onheiser claims he was seated in a chair situated adjacent to the row of slot machines and it was the type of chair that is attached to a rack assembly and the floor of the casino.

The chair was designed to be fixed and immovable so that a patron could sit safely without risk of a fall, according to the suit.

Onheiser claims the defendant negligently installed, inspected and maintained the chair, which caused the chair to be unattached to the floor and chair rack that accompanied the chair.

The condition of the chair and the risk of fall were unknown to Onheiser, according to the suit.

Onheiser is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Joseph R. Ferretti.

Jefferson Circuit Court case number: 11-C-428

CHARLES TOWN — A Loudoun County, Va., man is suing Piggy’s after he claims a bouncer assaulted him.

Wilbur A. Alger Jr. and John Does 1 through 3 were also named as defendants in the suit.

On May 29, Jay Baltzer accompanied some of his friends to Piggy’s and was socializing and dancing with his friends when a Piggy’s employee approached him and asked him to leave the dance floor because he was carrying a drink, according to a complaint filed Sept. 27 in Jefferson Circuit Court.

Baltzer claims he complied with the request and left the dance floor, but was then “blindsided by a bouncer, who physically and verbally assaulted him.”

The bouncer grabbed Baltzer’s arm and slammed him to the ground, according to the suit.

Baltzer claims his leg was pinned between the bar and the bar rail, which caused his ankle to snap.

At no time before or during the incident, had Baltzer acted in any way to justify the employee/agent’s vicious and excessive actions, according to the suit.

Baltzer claims the defendants did not call for help or assist him after the incident.

A friend helped Baltzer out of the bar and the county’s Sheriff’s Department was called, according to the suit, and an ambulance was called to take Baltzer to the hospital.

Baltzer claims the defendants were negligence and had a duty to avoid causing injury to patrons of the establishment.

Baltzer is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Stephen G. Skinner.

Jefferson Circuit Court case number: 11-C-363

CHARLES TOWN — A woman is suing the City of Ranson and Ranson Planning Commission for problems concerning a business she opened in the city.

In 2007, Leah C. Taylor located an uninhabited building at 410 N. Samuel Street in Ranson, which she thought could be converted into an old-fashioned ice cream parlor and confections store, according to a complaint filed Nov. 4 in Jefferson Circuit Court.

Taylor claims she contacted the city to ask if the building was zoned for commercial use and was assured that it was.

In reliance on the city’s assurance that the building was zoned for commercial use, Taylor purchased the structure in 2007 and invested money and effort in its renovation, according to the suit.

Taylor claims the building had a detached garage, which was dilapidated and could not be used for its intended purpose, so she asked the city what could be put in place of the garage and was told by a representative that she could place a drive-up coffee trailer there.

When Taylor located a coffee trailer, she purchased it for $28,000, using a line of credit, according to the suit, and then completed the necessary paperwork.

Taylor claims in early 2008, she was contacted by the city and informed that her permit had been revoked as the city had changed its mind and she would not be permitted to open her drive-up coffee shop.

Later, Taylor learned that the city’s decision was precipitated by opposition to Taylor’s proposed coffee shop by businesses who did not welcome the competition that Taylor would bring, according to the suit.

Taylor claims after she obtained counsel to address the revocation of her permit, the city agreed that because it had issued a permit after she had purchased her coffee trailer, either the city would buy the trailer or it would permit her to operate it.

After more time passed, the Ranson City Council approved Taylor’s permit as long as she installed concrete piers for the trailer, rather than just tie-downs, according to the suit, but Taylor’s original plans, which had been approved by the City along with her permit, we rejected and Taylor had to submit three more sets of plans before the City finally approved them.

Taylor claims she was unable to open for business until June 21, 2008 because the defendants kept finding reasons for her business not to open.

Although the business initially did well, the economic recession caused a downtown and Taylor eventually sold the coffee trailer, and closed her business in November 2008, according to the suit.

Taylor claims in August 2009, she was approached by Michelle Black, who wanted to rent the building and operate a day-care center.

Black operated the day-care center for several months, until January 2010, when the city attempted to charge her a fee of $750 because “the city claimed that the location was not zoned for commercial use,” according to the suit.

Taylor claims as a result of the defendant’s actions, Black moved out, still owing her $2,600.

In February 2010, the defendants condemned Taylor’s property as uninhabitable, which left Taylor unable to sell the property or rent it as a commercial property, or to recoup her considerable investment in the property, according to the suit.

Taylor compensatory damages. She is being represented by Jeffrey V. Mehalic.

Jefferson Circuit Court case number: 11-C-419