CHARLES TOWN — The Bank of Charles Town is suing N/L Entertainment after it claims the company failed to prevent the theft of debit card and credit information of its customers at the Alamo Drafthouse Cinemas in Winchester, Va.

In the early part of September, the defendant was negligent in failing to prevent the information from being stolen, according to a complaint filed Nov. 14 in Jefferson Circuit Court.

The bank claims at least 232 purchases were made using Bank of Charles Town customers’ debit cards.

As a result of the defendant’s negligence, the Bank of Charles Town has been damaged in the amount of $29,919.74 plus interest, according to the suit.

The bank is seeking judgment in the amount of $29,919.74 with pre- and post-judgment interest. It is being represented by Stephen G. Skinner.

Jefferson Circuit Court case number: 11-C-436

Dec. 16
Branch Banking & Trust Co. vs. Carol. S. Pyle
PA-Charles F. Bagley, Jr.; J-David Sanders
* Plaintiff claims defendant owes $66,908.24 for past credit agreement. Plaintiff seeks full amount plus interest.
Case Number: 11-C-477

Dec. 16
Judith Reinke-Nefferorf vs. PNGI Charles Town Gaming LLC d/b/a Hollywood Casino at Charles Town Races
PA- Peter L. Pentony; J-David Sanders
* Plaintiff claims negligence on the part of defendant when an elevator in which she was riding fell, causing personal injury. Plaintiff seeks compensatory damages and costs.
Case Number: 11-C-478

Dec. 16
Glenna Eide vs. PNGI Charles Town Gaming LLC d/b/a Hollywood Casino at Charles Town Races
PA-Peter Pentony; J-David Sanders
* Plaintiff claims negligence on the part of defendant when an elevator in which she was riding fell, causing personal injury. Plaintiff seeks $17,000 in medical expenses and other damages to be determined.
Case Number: 11-C-479

Dec. 20
Melinda D. Hedden vs. Saxon Mortgage Services Inc.
PA-Andrew Skinner; J-David Sanders
* Plaintiff claims defendant violated the West Virginia Consumer Credit and Protection Act. Plaintiff seeks up to $74,999.
Case Number:11-C-482

Melinda D. Hedden vs. Saxon Mortgage Services Inc.
PA-Andrew Skinner; J-David Sanders
* Plaintiff claims defendant violated the West Virginia Consumer Credit and Protection Act. Plaintiff seeks up to $74,999.
Case Number:11-C-483

Melinda D. Hedden vs. Saxon Mortgage Services Inc.
PA-Andrew Skinner; J-David Sanders
* Plaintiff claims defendant violated the West Virginia Consumer Credit and Protection Act. Plaintiff seeks up to $74,999.
Case Number:11-C-484

Dec. 30
Michael H. McMillan v. Harris & Owens LLC
PA-W. Carey/Susan Thompson; J-David Sanders
* Plaintiff claims on Dec. 31, 2009, he tripped over a manhole that was protruding from the ground at the Holiday Inn in Ranson, WV, receiving severe injuries. Plaintiff claims negligence on the part of the defendant. Plaintiff seeks judgment in an amount to be determined at trial.
Case number: 11-C-495

Dec. 30
Eleanor Rodman, John Rodman, IV and William Rodman, individually and as trustees of the John Rodman Trust vs. NPEC, Inc., Eastman Kodak Company; Creo Manufacturing America, LLC; SpechtraTech International Inc.; Imaton Enterprises Corp.; 3M Company and Sam T. Adams
PA-F. Samuel Byrer; J-David Sanders
* Plaintiffs claim that their property, Rock Spring Farm, has continuously been contaminated by entities doing business at the property 3M. Specific emission of TCE, man-made chlorine solvent linked to numerous health issues has been found. Plaintiffs claim a possible restricted use of their property due to the contamination. They allege a public and private nuisance, negligence, gross misconduct and continuing trespass. Plaintiffs seek compensatory damages as determined at trial as well ans punitive damages and all other fees.
Case number: 11-C-499

Dec. 30
Linda C. Harder vs. Alfred C. “Pee Wee” Scott
PA: F. Samuel Byrer, J-David Sanders
* Plaintiff claims defendant negligently and recklessly used gasoline and other flammable materials to ignite inside his swimming pool. Plaintiff claims property loss and damage as well as aggravation. Plaintiff sees damages to be determined at trial.
Case number: 11-C-523

Jan. 3
BB&T Financial FSB vs. Christopher J. Hilbert
PA: Christopher Moore, J-John Yoder
* Plaintiff claims defendant owes at least $115,172.81 for past due credit agreement.
Case number: 12-C-1

Jan. 6
Ronald W. Hovermale, Jr., Emily J. Hovermale and Sarah B. Hovermale vs. D. Frank Hill, attorney for the Estate of Raymond S. Myers; Estate of Raymond S. Myers and all heirs, obligors and assignors, both domestic and foreign
PA: Pro Se, J-John Yoder
* Plaintiff claims a violation of civil and legal rights as a renter of a property in Charles Town, WV. Plaintiff claims violation of Uniform Residential Landlord and Tenant Act and National Child Welfare and Safety Act and National Child Support Act, citing condition of rental property. Plaintiff seeks up to $50,000 in judgment.
Case number: 12-C-2

Jan. 9
CRE Venture 2011-1, LLC, a Delaware LLC vs. GWV, LLC, a Md. LLC
PA: Jonathan Nicol, J-John Yoder
* Plaintiff claims defendant owes at least $5,180,000 for past due credit agreement.
Case number: 12-C-5

Jan. 13
Rachel Holding Corp. vs. Debra A. Pletz
PA: Daniel Booth, J-John Yoder
* Plaintiff claims defendant owes at least $28,121,77 for past due credit agreement.
Case number: 12-C-10

Jan. 13
Government Employee Insurance Company vs. Laguenta Renee Gayden and Jamar Ramont Bowles
PA: Andrew Frye, J-John Yoder
* Plaintiff claims negligence on the part of vehicle owner over uninsured motorist claims. Plaintiff seeks damages of at least $49,993.30 as a result of vehicle accident.
Case number: 12-C-12

Jan. 20
Donald R. and Patricia E. Burgess vs. Board of Zoning Appeals, Corporation of Shepherdstown
PA-Linda Gutsell; J-John Yoder
* Plaintiff claims they were deprived of a fair hearing over a denial of a building permit. Plaintiff claims Mayor served as member of planning commission that denied initial permit and mayor’s wife served as president of BZA. Plaintiff also claims that spouse of another planning commission member was also on the BZA and that neither of these members recused themselves from a vote. Plaintiff seeks relief to be determined at trial.
Case number: 12-C-23

Jan. 30
Winchester Medical Center vs. Beverly Johnson
PA-Christopher McCarthy J-John Yoder
* Plaintiff claims defendant owes $26,920.34 for past due credit agreement.
Case number: 12-C-34

Jan. 31
Annie McDonald vs. The Salvation Army
PA: Laura Davis, J-John Yoder
* Plaintiff claims she suffered an on-the-job injury and defendant failed to provide Worker’s Compensation forms. Plaintiff also claims defendant terminated her employment despite a physician’s note to be out of work. Plaintiff claims wrongful discharge, violation of Human Rights Act. Plaintiff seeds reinstatement, back pay and other judgment to be determined at trial.
Case number: 12-C-36

Feb. 6
Daina C. Billman vs. Applebee’s Services, Inc.
PA-Ronald Rossi; J-John Yoder
* Plaintiff claims she was sexually harassed at her workplace by management supervisor. When she reported to upper level management, supervisor terminated her employment. Plaintiff claims violation of Human Rights Act. Plaintiff seeks back and front pay and other judgments to be decided at trial.
Case number: 12-C-39

Feb. 9
State of WV ex rel. Dwayne Sullivan vs. The Honorable Gail Boober, Magistrate Judge of the Magistrate Court of Jefferson County
PA-Shaun McDermott; J-David Sanders
*Plaintiff claims Boober did not give credit for time served. He claims she erroneously and unconstitutionally deprived him of the time he had served in confinement resulting in a longer sentence. He seeks writ of mandamus to give credit for time served and an amendment to the commitment order to give credit for 71 days already served.
Case number: 12-C-41

Feb. 24
FIA Card Services N.A. vs. Mary C. Silveous
PA: Edna Jenelle Coulter; J: David Sanders
* Plaintiff claims defendant owes at least $31,307.17 for past due credit agreement.
Case number: 12-C-66

Feb. 28
Wells Fargo vs. Management Construction LLC, a West Virginia Limited Liability Company; Patricia Sanderson, Individually and David Leonard, Individually
PA: Tim J. Yianne; J: David Sanders
* Plaintiff claims defendant owes at least $115,458.23 for past due credit agreement.
Case number: 12-C-71

Feb. 29
Rosalyn Y. Allen vs. S&S WVA Enterprises, LP, a West Virginia Corporation; Stan and Sandy Partners, LLC, a West Virginia Limited Liability Company; Stanley R. Neal, an individual and Christine Holden, an individual
PA: David Hammer; J: David Sanders
* Plaintiff claims she was wrongly terminated from job at McDonald’s in Shepherdstown when she missed work for illness. Plaintiff claims disability of diabetes and asthma and alleges defendants were aware of disabilities. Plaintiff claims she received no pay due her when terminated. Plaintiff seeks back pay, punitive damages and other damages to be determined.
Case number: 12-C-72

March 2
Charles David Smith vs. Centra Bank Inc.
PA: Brett Offutt; J: David Sanders
* Plaintiff claims defendant was to serve as rent collector per a loan agreement and that defendant failed to collect rents which resulted in foreclosure. Plaintiff alleges tortious interference with a contractual relationship and seeks compensatory and consequential damages not less than $750,000.
Case number: 12-C-79

March 6
Lilia Clayton vs. PNGI Charles Town Gaming LLC
PA: Andrew Skinner; J: David Sanders
* Plaintiff alleges that on or about April 4, 2010, she was sitting on a stool at the casino which broke causing her to fall and sustain injuries. Plaintiff alleges gross negligence and seeks damages to be determined at trial.
Case number: 12-C-88

March 12
Kong J. Won, Administratrix of the Estate of Ho Young Won vs. Michael DeWayne Brown and Loudoun County, Virginia Sheriff’s Office
PA: Eric M. Mayhurst; J: David Sanders
* Plaintiff alleges that on or about June 15, 2011, Defendant Brown was operating a stolen vehicle and was being pursued by officer from Loudoun County. Plaintiff alleges defendant struck decedent’s car causing wrongful death. Plaintiff alleges negligent conduct of Brown and LCSO deputy. Plaintiff seeks compensation in the form of compensatory damages and all other damages to be awarded at trial.
Case number: 12-C-92

Cloverdale Heights Homeowners Association vs. Charlotte A. Kisner
PA: Tammy Mitchell McWilliams; J: David Sanders
* Plaintiff alleges defendant owes at least $35,957.59 in HOA fees and assessed fines and interest.
Case number: 12-C-93

March 15
Katie Danner and Masie Danner, a minor child by Katie Danner, her mother vs. Raymond Burcker and John Does 1 to 99
PA: William V. DePaulo; J: David Sanders
* Plaintiff claims on or about Feb. 23, 2012, Burcker, a 62-year old retired police officer collided with Danner’s vehicle at the intersection of WV 9 and Crosswinds Drive. Plaintiff alleges Burcker appeared to be under the influence of alcohol. Plaintiff claims severe injuries resulted from the accident. Plaintiff also claims John Does alleged to be employed with Charles Town Police Department covered up Burcker’s condition. Plaintiff claims negligence and recklessness as well as conspiracy to deny substantive and procedural due process rights. Plaintiff seeks compensatory and punitive damages and other costs to be determined.
Case number: 12-C-103

William McKitrick and Amy McKitrick vs. Chrysler Corporation
PA: Stephen Skinner; J: David Sanders
* Plaintiff claims on or about May 8, 2010, he purchased a 2010 Jeep Liberty for $27,174 plus taxes and fees. On or about Feb. 19, 2012, plaintiff claims vehicle began decelerating while driving. After pulling over, plaintiff claims flames were visible and car subsequently exploded. Plaintiff claims card did not conform to defendant’s warranty resulting in a condition likely to cause death. Plaintiff seeks total costs, damages and other fees to be awarded.
Case number: 12-C-104

March 16
The Potomac Edison Company vs. Christopher Schultz, et al aka Cricky Schultz
PA: Christopher McCarthy; J: David Sanders
* Plaintiff claims defendant owes at least $104,267.90 for past due credit agreement.
Case number: 12-C-105

March 28
Donna Locascio vs. The Charles Town General Hospital, a domestic corporation dba Jefferson Memorial Hospital and Lisa Avey
PA-Harry P. Waddell; J-David Sanders
* Plaintiff claims that on or about February 2011, she disclosed her HIV status to Avey, her supervisor at JMH. Plaintiff claims there was immediate physical reaction of backing away, etc. Plaintiff also claims that in August 2011 she was terminated for reasons not verified. Plaintiff claims a violation of the West Virginia Human Rights Act by her termination due to her HIV status. Plaintiff seeks back pay, future lost earnings, compensatory and punitive damages and another other consideration of jury.
Case number: 12-C-122

April 5
Linda Hill vs. Matt Knott and Harpers Ferry Holdings, LLC and River Riders, Inc. and Steven Barney, Zoning Administrator of Jefferson County
PA-J. Michael Cassell; J-David Sanders
* Plaintiff claims that defendant is using property adjacent to hers for commercial use that should not be allowed. Plainitff claims a Non-Conforming Use Permit was issued incorrectly by Defendant Barney. Plaintiff claims the commerical use inhibits her from enjoying her property. Plaintiff seeks injunctive relief and financial damages to be determined at trial.
Case number: 12-C-130

April 5
Diana Gibson vs. Rosenthal, Stein and Associates, LLC
PA-Stephen Skinner; J-David Sanders
* Plaintiff claims violation of the West Virginia Consumer Credit and Protection Act. Seeks costs minimum of $74,999.99.
Case Number: 12-C-131

April 11
Wells Fargo Bank NA vs. James G. Alderton and Anh T,. Nguyen
PA-Steven R. Bratke; J-David Sanders
* Plaintiff claims defendant owes $70,294.00 for past due credit agreement as well as $17,573.50 in attorney’s fees.
Case number: 12-C-135

Corporation of Shepherdstown vs. Donald Burgess and Patricia Burgess dba Riverfall Guesthouse
PA-Charles F. Printz, Jr.; J-David Sanders
* Plaintiff claims defendant is illegally operating a short-term rental unit against town ordinances. Plaintiff seeks injunctive relief from the defendant and any damages as determined.
Case number: 12-C-136

April 16
Branch Banking & Trust Company vs. Yoe Properties LLC; Old Standard LLC; Sheridan LLC and Herbert Jonkers
PA: William L. Hallem; J: David Sanders
* Plainitff claims defendants owe the following sums of money on past due accounts: $1,238,709.07 plus interest; $1,914,375.55 plus interest; $3,153,082.62 plus interest; and $3,153,082.62 plus interest.
Case number: 12-C-141

April 17
Robert C. Smith vs. Ed Johnson and Associates Inc. and Edward L. Johnson Jr.
PA: Michael A. Santa Barbara; J-David Sanders
* Plaintiff claims that on or about May 2007, he hired defendant to do a survey of a piece of property. Plaintiff claims defendant failed to properly inform him that the property fell within the 100-year flood plain. Plaintiff claims professional negligence and seeks compensatory damages and future damages to be determined.
Case number: 12-C-146

May 2
Melinda D. Hedden vs. Saxon Mortgage Services Inc.
PA-Andrew C. Skinner; J-David Sanders
* Plaintiff claims violation of the West Virginia Consumer Credit and Protection Act. Seeks costs minimum of $74,999.99.
Case number: 12-C-159

Melinda D. Hedden vs. Saxon Mortgage Services Inc.
PA-Andrew C. Skinner; J-David Sanders
* Plaintiff claims violation of the West Virginia Consumer Credit and Protection Act. Seeks costs minimum of $74,999.99.
Case number: 12-C-160

Melinda D. Hedden vs. Saxon Mortgage Services Inc.
PA-Andrew C. Skinner; J-David Sanders
* Plaintiff claims violation of the West Virginia Consumer Credit and Protection Act. Seeks costs minimum of $74,999.99.
Case number: 12-C-161

Melinda D. Hedden vs. Saxon Mortgage Services Inc.
PA-Andrew C. Skinner; J-David Sanders
* Plaintiff claims violation of the West Virginia Consumer Credit and Protection Act. Seeks costs minimum of $74,999.99.
Case number: 12-C-162

Melinda D. Hedden vs. Saxon Mortgage Services Inc.
PA-Andrew C. Skinner; J-David Sanders
* Plaintiff claims violation of the West Virginia Consumer Credit and Protection Act. Seeks costs minimum of $74,999.99.
Case number: 12-C-163

Melinda D. Hedden vs. Saxon Mortgage Services Inc.
PA-Andrew C. Skinner; J-David Sanders
*Plaintiff claims violation of the West Virginia Consumer Credit and Protection Act. Seeks costs minimum of $74,999.99.
Case number: 12-C-164

Melinda D. Hedden vs. Saxon Mortgage Services Inc.
PA-Andrew C. Skinner; J-David Sanders
*Plaintiff claims violation of the West Virginia Consumer Credit and Protection Act. Seeks costs minimum of $74,999.99.
Case number: 12-C-165

Melinda D. Hedden vs. Saxon Mortgage Services Inc.
PA-Andrew C. Skinner; J-David Sanders
*Plaintiff claims violation of the West Virginia Consumer Credit and Protection Act. Seeks costs minimum of $74,999.99.
Case number: 12-C-166

Melinda D. Hedden vs. Saxon Mortgage Services Inc.
PA-Andrew C. Skinner; J-David Sanders
*Plaintiff claims violation of the West Virginia Consumer Credit and Protection Act. Seeks costs minimum of $74,999.99.
Case number: 12-C-167

Melinda D. Hedden vs. Saxon Mortgage Services Inc.
PA-Andrew C. Skinner; J-David Sanders
*Plaintiff claims violation of the West Virginia Consumer Credit and Protection Act. Seeks costs minimum of $74,999.99.
Case number: 12-C-168

Melinda D. Hedden vs. Saxon Mortgage Services Inc.
PA-Andrew C. Skinner; J-David Sanders
*Plaintiff claims violation of the West Virginia Consumer Credit and Protection Act. Seeks costs minimum of $74,999.99.
Case number: 12-C-169

Melinda D. Hedden vs. Saxon Mortgage Services Inc.
PA-Andrew C. Skinner; J-David Sanders
*Plaintiff claims violation of the West Virginia Consumer Credit and Protection Act. Seeks costs minimum of $74,999.99.
Case number: 12-C-170

May 3
Karen Woodson and Roosevelt Woodson vs. Rent-A-Center East, Inc.
PA: Stephen G. Skinner; J-David Sanders
* Plaintiffs claim on or about July 2011, they rented a 7-piece bedroom set from defendant. In August 2011, they rented a sofa and love seat. Plaintiffs began to notice red itchy bumps on their bodies. Found furniture to be infested with bedbugs. Plaintiffs claim negligence, breach of warranty, violation of West Virginia Consumer Credit and Protection Act and infliction of emotional distress. Plaintffs seek no more than $74,999 in compensatory and statutory damages and other fees.
Case number: 12-C-171

May 7
John Deere Financial f.s.b. f/k/a PPC Financial f.s.b. vs. Locust Knoll Farm, Inc.
PA: Daniel Booth; J: David Sanders
* Plaintiff claims defendant owes at least $48,753.75 for past due credit agreement and interest.
Case number: 12-C-173

May 11
Brenda V. Smith vs. Corporation of Harpers Ferry, James Arthur Addy and Shauna Johnstone
PA: Brett Offutt; J: David Sanders
* Plaintiff claims Defendant Johnstone, under direction of Addy and therefore the town of Harpers Ferry, reported to Travelers Casualty & Surety Company that the town had suffered misappropriation of funds of $150,000 and that Smith was responsible. A May 11 report in a local newspaper indicated unpaid water bills in the town equaled $150,000. Plaintiff claims Johnstone acted recklessly and negligently in her reporting and accusations causing plaintiff to be unable to find comparable employment. Plaintiff sees compensatory and consequential damages as well as punitive damages.
Case number: 12-C-178

CHARLES TOWN – A former Harpers Ferry employee is suing the town alleging two officials conspired to concoct a story she misappropriated town funds so as to have grounds to fire her.

Harpers Ferry Mayor James Arthur Addy and Treasurer Shauna Johnstone are named as co-defendants in a wrongful termination suit filed by Brenda V. Smith. In her complaint filed May 11 in Jefferson Circuit Court, Smith, 50, alleges Addy and Johnstone falsely accused her of misappropriating $150,000, and using it as pretext to fire her.

According to the suit, Addy and Johnstone were the sources of an article in the May 11, 2011, edition of The Spirit of Jefferson and Farmers Advocate that Smith was recently terminated as town clerk “following the revelation that a large number of outstanding water bills have not been collected.” According to the article, the amount was in excess of $150,000.

Two days later, Johnstone reported to the town’s insurance carrier, Travelers Casualty and Surety Company, the town ” ‘has discovered an employee has misappropriated funds’” in the amount of $150,000, and identified the employee as Smith. In a letter dated May 31, Travelers acknowledged the town incurred a loss due to an employee misappropriating funds.

In her suit, Smith avers that Johnstone’s statement to Travelers was false, and that no time during her employment with the town did she misappropriate funds. Also, neither Johnstone nor Addy have any “evidence of misappropriation of funds by [Smith] upon which to base [their] reports.”

Nevertheless, as result of her termination last year, Smith maintains she’s had difficulty in finding new employment including those in the public sector which require her to qualify for an official bond. She alleges Addy’s and Johnstone’s actions have caused her to suffer “mental anguish, insult, indignity, public humiliation and severe emotional distress.”

Smith seeks unspecified damages, attorneys fees and court costs. She is represented by Harpers Ferry attorney Brett Offutt.

The case is assigned to Judge David H. Saunders.

Jefferson Circuit Court case number 12-C-178

CHARLES TOWN – A Jefferson County woman is accusing the Charles Town Police Department of covering-up evidence of a retired officer’s intoxicated driving that resulted in her incurring serious and permanent injuries.

Katie Danner filed suit in Jefferson Circuit Court against Raymond Burcker on March 15. In her suit, Danner, 20, of Shenandoah Junction, alleges Burcker, 62, of Charles Town, not only was intoxicated the evening he collided with her on W. Va. 9 in February, but also CTPD knew about it, yet attempted to pin blame on her.

According to the suit, a Burcker’s vehicle collided with the one Danner was driving around 7:15 p.m. on Feb. 23 at the intersection of W.Va. 9 and Crosswinds Dr. The collision caused Danner’s vehicle to rollover multiple times.

Following the collision, Burcker was taken to Jefferson Memorial Hospital. During his treatment, the suit alleges, he “was observed by numerous nursing personnel and other medical providers to be under the influence of alcohol.”

According to the suit, as a result of the collision Danner “suffered extensive physical injuries.” Specifically, along with broken vertebrae in her neck and back, “every bone in [her] face was broken, [and] she has lost the sight, possibly permanently, of her left eye.”

Following the collision, charges were brought against Danner “alleging violation of traffic laws on the evening of February 23, 2012.” The suit does not specify what they are or where they were filed.

However, Danner alleges the charges were brought “by current employees of the Charles Town, West Virginia Police Department, acting in concert with each other and with Defendant Burcker, conspired to cover up [his] operation of his motor vehicle while under the influence of alcohol.” The suit names John Does 1-99 as co-defendants.

As a result of the defendants’ actions, Danner maintains she, and her 1-year-old daughter, Massie, who was with her with the collision occurred, and is a co-plaintiff in the suit, suffered not only “physical injuries to their bodies,” but also “mental anguish (including emotional and mental distress, embarrassment, humiliation, loss of personal dignity, and inconvenience).” Danner’s suit makes claims against Burcker separately for negligence and gross negligence and recklessness and a claim against he and John Does 1-99 together for conspiracy to deny substantive and procedural due process rights.

Danner seeks unspecified damages, interest and attorneys fees. She is represented by Charleston attorney William V. DePaulo.

The case is assigned to Judge David H. Saunders.

Jefferson Circuit Court case number 12-C-103

May 11
Warren and Karen Wimmer vs. Gregory G. Hall and Hallseys Realty LLC
PA-Arthur W. Boyce; J-David Sanders
* Plaintiffs claim on or about August 2008, they invested $60,000 in Hallsey Realty to rent/improve properties. Hall failed to do what he promised; he failed to perform as manager/member of Corporation. Plaintiffs allege breach of fiduciary duty, fraud, deceit. They seek compensatory and punitive damages and costs as well as dissolution of Hallseys Realty LLC.
Case number: 12-C-180

Patrick Morrisson vs. Bank of America NA and Lorraine Powell
PA-Andrew C. Skinner; J-David Sanders
* Plaintiff claims violation of the West Virginia Consumer Credit and Protection Act and breach of contract. Seeks judgment up to $74,999.99.
Case number: 12-C-181

May 15
Frances M. Garcia vs. PNGI Charles Town Gaming LLC
PA-Eric S. Black; J-David Sanders
* Plaintiff claims that when she worked as a contract employee for defendant, another contract employee, Carlos A. Dimas, sexually assaulted her on the premised owned and operated by PNGI. Dimas was an illegal immigrant. Plaintiff claims defendant failed to conduct a thorough background check on Dimas and that defendant owed a duty of care to protect plaintiff from any harm while employed there. Plaintiff seeks judgment in an amount to compensate for injuries and other fees to be determined.
Case number: 12-C-191

May 24
Marybeth Printz vs. Charles F. Printz Jr. invididually and in his capacity as Executor of the Estate of Charles F. Printz and as Executor of the Estate of Bethel H. Printz
PA-John H. Hussell; J-David Sanders
* Plainitff is sister of the defendant. Plaintiff claims decedent C.F. Printz was under undue influence of the defendant when completing his Last Will and Testament under the guidance of defendant’s law partner in 2008. Printz died Sept. 30, 2011. Bethel Printz died Oct. 20, 2011. Plaintiff alleges tortious interference with expectancy from the Estate of Bethel H. Printz. Plaintiff seeks application of doctrine of dependent relative revocation and reviving previous Last Will and Testament of C.F. Printz from 2004. Plaintiff also seeks a deposit of funds with the court in a trust and an order enjoining defendant from making any distribution of assets.
Case number: 12-C-204

May 25
Nancy G. Ranalli vs. Christopher James Shepherd and Marguerite Rockwell
PA-Peter Chakmakian; J-David Sanders
* Plainitff claims Shepherd, who is the son of Rockwell, on June 2, 2010 collided with plaintiff’s vehicle with a 1996 Ford Explorer. Plaintiff claims injuries resulted that have led to permanent disability. Plainitff seeks $300,000 damages and costs.
Case number: 12-C-210

Printz Jr.

CHARLES TOWN – A Berkeley County attorney is accused of taking advantage of his parents’ age to change their will for his exclusive benefit.

Charles F. Printz Jr. is named as a defendant in a will contest filed by his sister MaryBeth Printz. In her complaint filed May 23 in Jefferson Circuit Court, MaryBeth, 45, of Anchorage, Alaska, alleges Charles, 62, of Martinsburg, exerted undue influence over his parents, Charles Sr. and Bethel, prior to their deaths to the point of getting them to rewrite their wills in order for him to gain control over real, and personal property they owned.

According to her complaint, Charles Sr. and Bethel, executed their wills in 2004. Both stated that the residuary of their estates was to be divided equally between Charles Jr. and MaryBeth.

However, MaryBeth alleges Charles Jr. with the assistance of Michael Caryl, a fellow partner in the law firm of Bowles, Rice, McDavid, Graff and Love manipulated, Charles Sr. and Bethel to change their wills four years later.

According to the suit, Charles Sr.’s will was changed Oct. 1, 2008, when he was 93. In the new will, Charles Sr. named Charles Jr. as his estate’s executor, and states, following Bethel’s death, Charles Jr. is to receive the shares of capital stock in Aspen Pool Farms Inc., the Printz family farm Charles Sr. started in 1972.

Following distribution of the Aspen Pool Farms stock, MaryBeth was to
“receive the lesser of the value of all property remaining to be distributed” or $750,000. Also, Charles Jr. “was to receive any property remaining after the distribution to [MaryBeth].”

According to the suit, Bethel’s will was charged 10 months earlier when she was 89. In her new will, Bethel also names Charles Jr. as executor and states that upon her death he is received half of the residuary estate “outright and free of trust” while MaryBeth’s half is to remain in trust for her lifetime benefit with Charles Jr. serving as trustee.

The wills were admitted into probate last fall shortly after their respective deaths. Records show, Charles Sr., 96, a World War II veteran, certified public accountant and retired Shepherd University business professor died on Sept. 30 followed by Bethel, 92, a homemaker, seamstress and gardener on Oct. 20.

Along with ones of undue influence, MaryBeth makes claims against Charles Jr. for tortious interference with expectancy from an estate.

In her suit, MaryBeth, among other things, seeks an order declaring null and void Charles Sr.’s and Bethel’s wills that were admitted into probate on Oct. 3, and Nov. 1, respectively, reviving their previous wills dated May 19, 2004, enjoining Charles Jr. from making any distribution of assets from the estates, impressing a trust of any funds Charles Jr. has withdrawn from the estates, and placing an amount equal to it with the Jefferson Circuit Clerk’s Office and recovery of court costs and attorneys fees.

In addition to the suit, MaryBeth has filed a petition with the Jefferson County Commission to have Charles removed as the executor of his parents’ estates, and a curator appointed in his stead. She is represented by John F. Hussell IV, Staci Criswell and Katherine M. Mullins with Dinsmore and Shohl.

The case is assigned to Judge David Sanders.

Jefferson Circuit Court case number 12-C-204

June 21
City National Bank of West Virginia vs. George Stephanian
PA: Christopher R. Moore; J: David Sanders
* Plaintiff claims defendant owes at least $115,215.61 for past due credit agreement.
Case number: 12-C-241

June 21
City National Bank of West Virginia vs. George Stephanian
PA-Christopher R. Moore; J-David Sanders
* Plaintiff claims that defendant owes at least $115,215.61 for past due credit agreement.
Case number: 12-C-241

June 26
WVA 340 LLC vs. Just a $1.00 Store LLC dba Just A $1.00 Store LLC, Paul Ridley and Wonjiri Ridley
PA-Michael Novotny; J-David Sanders
* Plaintiff claims that defendant leased property in Charles Town shopping center for period of three years but defaulted on the lease. Amount due according to plaintiff, with the terms of the lease, is now $69,041.52 as well as additional $10,956.24 for attorney fees.
Case number: 12-C-244

Julie Howell vs. PNGI Charles Town Gaming LLC DBA Hollywood Casino at Charles Town Races
PA-David Skillman; J-David Sanders
* Plaintiff claims that on July 4, 2010, she stripped over an electrical cord within the casino which caused a fall leading to injury. She claims negligence and seeks an amount to cover all medical costs past and future as well as any other costs and fees to be determined.
Case number: 12-C-245

Douglas Bowman vs. Giant Food Stores LLC d/b/a Martin’s Food Market #102
PA-Peter Pentony; J-David Sanders
* Plaintiff claims that on July 2, 2010, he purchased a pre-packaged bacon and cheese pub burgers item. He cooked and attempted to eat one of the burgers and immediately felt pain in his throat but could not dislodge item. After seeking medical help, the item was found to be lodged in his thyroid. It was removed in a thyroid lobectomy and was shown to be a piece of steel wire measuring 2 cm. Plaintiff alleges negligence, liability and breach of warranty and seeks $48,342.91 for medical bills as well as additional amounts for lost wages and other punitive and compensatory damages.
Case number: 12-C-246

June 28
Pride Acquisition LLC vs. James M. Robertson
PA-Clinton W. Smith; J-David Sanders
* Plaintiff claims defendant owes at least $49,698.24 for past due credit agreement.
Case number: 12-C-248

June 29
Carol Lee, as appointed guardian and conservator for Richard G. Lee, a protected person and Carol Lee, individually vs. Tyler M. Heflin, Gary L. Heflin and State Farm Mutual Automotive Insurance Company
PA-Joseph R. Feretti J-David Sanders
* Plainitff claims that on July 3, 2010, Tyler Helfin was recklessly and negligently driving a vehicle owned by Gary Heflin (his father) which collided with a vehicle driven by Richard Lee. Lee suffered permanent disability in the accident. Plaintiff seeks punitive and compensatory damages in an amount to be determined as well as any other fees and costs determined by the court.
Case number: 12-C-249

Amanda Smith vs. Resurgent Capital Services LP
PA-Stephen G. Skinner ; J-David Sanders
* Plaintiff claims violation of the West Virginia Consumer Credit and Protection Act. Plaintiff seeks up to $74,999.
Case number: 12-C-250

July 3
Beatrice Louise Marshall vs. Food Lion, LLC
PA-Eric S. Black; J-David Sanders
* Plaintiff claims that on December 13, 2010, she slipped in an oily substance on the floor of Food Lion store located in Shepherdstown, which caused a fall with injuries. She claims negligence on the part of the defendant and seeks compensatory damages and other amounts to be determined by court.
Case number: 12-C-251

July 9
FIA Card Services NA vs. Shenandoah Construction Management LLC
PA-Steven Mulrooney; J-David Sanders
* Plaintiff claims that defendant owes at last $86,216.38 in past due credit agreement.
Case number: 12-C-259

July 11
Ronald Carey vs. Hamilton Animal Products LLC, Tractor Supply Company, Inc. and William E. Shaw, Jr.
PA-Stephen Skinner; J-David Sanders
* Plaintiff claims that on September 18, 2010, an “O” ring on a horse halter he purchased from defendant Tractor Supply that was manufactured by Hamilton Animal Products, snapped, flying off causing physical damage to defendant’s face and eye area. Plaintiff alleges strict liability, negligence and breach of warranty and seeks damages to be determined at trial.
Case number: 12-C-261

Fred Tenly vs. Portfolio Recovery Associates, LLC
PA-Stephen Skinner; J-David Sanders
* Plaintiff claims violation of the West Virginia Consumer Credit and Protection Act. Plaintiff seeks up to $74,999.
Case number: 12-C-262

Ridge Leasing Co., LLC d/b/a Ellicott City vs. Doris Gordon and Sheila Baker.
PA-Ryan Marsteller; J-David Sanders
* Plaintiff alleges defendant owes at least $65,111.67 for past due credit agreement.
Case number: 12-C-263

July 13
Phyllis Barley vs. West Virginia University Board of Governors
PA-D Burke/C Nace; J-David Sanders
* Plaintiff alleges that on May 17, 2010, she had hernia repair surgery at Jefferson Memorial Hospital in Ranson. There were possible complications but patient was discharged May 29. On May 31, plaintiff was admitted as an emergency patient at Winchester Medical Center where an infection was found. Plaintiff was on ventilator and received excessive medical treatment and was finally released from hospital Aug. 11, 2010. Plaintiff alleges medical negligence and seeks monetary award for an amount to be determined but not to be less than $100,000 as well as costs and other fees.
Case number: 12-C-268

July 16
Rachel Holding Corp. vs. Cug Sanbonge
PA-Daniel T. Booth; J-David Sanders
* Plaintiff alleges defendant owes at least $34,808.69 for past due credit agreement.
Case number: 12-C-269

July 26
William C. Struna, individually and as executor of the Estate of Marjorie Conrad aka Marjorie Struna and the Estate of Marjorie Conrad aka Marjorie Struna vs. J. Michael Cassell, individuall and as an employee of Campbell Miller Zimmerman PC and as an employee of Campbell Flannery PC; Campbell Miller Zimmerman PC; Campbell Flannery PC
PA-Robert J. Frank; J-David Sanders
* Plaintiff claims that Defendant Cassell failed to properly represent defendants through proper channels in a case Struna vs. Shepherdstown Planning Commission. Plaintiff claims breach of duty, below standard of care and negligence. Plaintiff seeks all costs involved in the case and any other fees to be determined.
Case Number: 12-C-279

July 27
Estate of John J. Warfield vs. Jennifer Maghan, Clerk of the County Commission of Jefferson County
PA-Stephen Skinner; J-David Sanders
* Plaintiff claims the Clerk of the Court failed to secure adequate bond on an estate estimated at over $2 million; that she secured bond for only $90,000 on Packard Gomez, administrator. Gomez misappropriated funds more than $1 million. The failure to secure adequate bond caused injuries to the estate. Plaintiff claims negligence and seeks judgment and fees.
Case Number: 12-C-281

August 1
Allstate Property and Casualty Insurance Company and Francis and Teresa Gomes vs. NVR Inc d/b/a Dan Ryan Homes, Inc.
PA-Bradley K. Shafer; J-David Sanders
* Plaintiff claims that home they purchased had excessive water damage due to faulty construction. Plaintiffs claim negligence and seek damages and looses not in excess of $50,000..
Case Number: 12-C-285

Aug. 3
David Renaud, Heather Renaud, Regina Wines and Howard Wines, Jr. vs. Terrell Chambers
PA-Stephen Skinner; J-David Sanders
* Plaintiffs claim that defendant falsely involved them in investment deals. Renauds claim that defendant involved them in a vehicle contract and the Wines were involved in contract for backhoe and Ford Explorer. Defendant was responsible for more than $300,000 through alleged company LLERRETT, LLC, a company found to not exist. Plaintiffs claim they were left with excessive debts and damages because defendant did not meet terms of agreements. Plaintiffs seek all actual damages, costs, fees and any other relief.
Case Number: 12-C-289

Aug. 6
Valeri Dillow vs. Charles H. Polk, Mountain State University, Inc. Mountain State University Building Company, Mountain State University Foundation, Inc., Mountain State University Endowment Fund, Inc.
PA-Stephen Skinner; J-David Sanders
* Plaintiff claims defendant engaged in widespread criminal enterprise, racketeering. Plaintiff seeks relief for other causes of action including multiple violates of West Virginia Consumer Credit Protection Act, fraud and breach of contract with regard to enrollment at Mountain State University.
Case Number: 12-C-291

Chika Geraldine Ahunanya vs. Charles H. Polk, Mountain State University, Inc. Mountain State University Building Company, Mountain State University Foundation, Inc., Mountain State University Endowment Fund, Inc.
PA-Stephen Skinner; J-David Sanders
* Plaintiff claims defendant engaged in widespread criminal enterprise, racketeering. Plaintiff seeks relief for other causes of action including multiple violates of West Virginia Consumer Credit Protection Act, fraud and breach of contract with regard to enrollment at Mountain State University.
Case Number: 12-C-292

Ernest Aknonwah vs. Charles H. Polk, Mountain State University, Inc. Mountain State University Building Company, Mountain State University Foundation, Inc., Mountain State University Endowment Fund, Inc.
PA-Stephen Skinner; J-David Sanders
* Plaintiff claims defendant engaged in widespread criminal enterprise, racketeering. Plaintiff seeks relief for other causes of action including multiple violates of West Virginia Consumer Credit Protection Act, fraud and breach of contract with regard to enrollment at Mountain State University.
Case Number: 12-C-293

Tabitha Barrett vs. Charles H. Polk, Mountain State University, Inc. Mountain State University Building Company, Mountain State University Foundation, Inc., Mountain State University Endowment Fund, Inc.
PA-Stephen Skinner; J-David Sanders
* Plaintiff claims defendant engaged in widespread criminal enterprise, racketeering. Plaintiff seeks relief for other causes of action including multiple violates of West Virginia Consumer Credit Protection Act, fraud and breach of contract with regard to enrollment at Mountain State University.
Case Number: 12-C-294

Amanda Barton vs. Charles H. Polk, Mountain State University, Inc. Mountain State University Building Company, Mountain State University Foundation, Inc., Mountain State University Endowment Fund, Inc.
PA-Stephen Skinner; J-David Sanders
* Plaintiff claims defendant engaged in widespread criminal enterprise, racketeering. Plaintiff seeks relief for other causes of action including multiple violates of West Virginia Consumer Credit Protection Act, fraud and breach of contract with regard to enrollment at Mountain State University.
Case Number: 12-C-295

Jamie Beachley vs. Charles H. Polk, Mountain State University, Inc. Mountain State University Building Company, Mountain State University Foundation, Inc., Mountain State University Endowment Fund, Inc.
PA-Stephen Skinner; J-David Sanders
* Plaintiff claims defendant engaged in widespread criminal enterprise, racketeering. Plaintiff seeks relief for other causes of action including multiple violates of West Virginia Consumer Credit Protection Act, fraud and breach of contract with regard to enrollment at Mountain State University.
Case Number: 12-C-296

Christine Kamauga vs. Charles H. Polk, Mountain State University, Inc. Mountain State University Building Company, Mountain State University Foundation, Inc., Mountain State University Endowment Fund, Inc.
PA-Stephen Skinner; J-David Sanders
*Plaintiff claims defendant engaged in widespread criminal enterprise, racketeering. Plaintiff seeks relief for other causes of action including multiple violates of West Virginia Consumer Credit Protection Act, fraud and breach of contract with regard to enrollment at Mountain State University.
Case Number: 12-C-297

Nikki Kendig vs. Charles H. Polk, Mountain State University, Inc. Mountain State University Building Company, Mountain State University Foundation, Inc., Mountain State University Endowment Fund, Inc.
PA-Stephen Skinner; J-David Sanders
* Plaintiff claims defendant engaged in widespread criminal enterprise, racketeering. Plaintiff seeks relief for other causes of action including multiple violates of West Virginia Consumer Credit Protection Act, fraud and breach of contract with regard to enrollment at Mountain State University.
Case Number: 12-C-298

Divine Kum vs. Charles H. Polk, Mountain State University, Inc. Mountain State University Building Company, Mountain State University Foundation, Inc., Mountain State University Endowment Fund, Inc.
PA-Stephen Skinner; J-David Sanders
* Plaintiff claims defendant engaged in widespread criminal enterprise, racketeering. Plaintiff seeks relief for other causes of action including multiple violates of West Virginia Consumer Credit Protection Act, fraud and breach of contract with regard to enrollment at Mountain State University.
Case Number: 12-C-299

Stephanie Mitchell vs. Charles H. Polk, Mountain State University, Inc. Mountain State University Building Company, Mountain State University Foundation, Inc., Mountain State University Endowment Fund, Inc.
PA-Stephen Skinner; J-David Sanders
* Plaintiff claims defendant engaged in widespread criminal enterprise, racketeering. Plaintiff seeks relief for other causes of action including multiple violates of West Virginia Consumer Credit Protection Act, fraud and breach of contract with regard to enrollment at Mountain State University.
Case Number: 12-C-300

Nur Muhammed vs. Charles H. Polk, Mountain State University, Inc. Mountain State University Building Company, Mountain State University Foundation, Inc., Mountain State University Endowment Fund, Inc.
PA-Stephen Skinner; J-David Sanders
* Plaintiff claims defendant engaged in widespread criminal enterprise, racketeering. Plaintiff seeks relief for other causes of action including multiple violates of West Virginia Consumer Credit Protection Act, fraud and breach of contract with regard to enrollment at Mountain State University.
Case Number: 12-C-301

Valerie Ngang vs. Charles H. Polk, Mountain State University, Inc. Mountain State University Building Company, Mountain State University Foundation, Inc., Mountain State University Endowment Fund, Inc.
PA-Stephen Skinner; J-David Sanders
* Plaintiff claims defendant engaged in widespread criminal enterprise, racketeering. Plaintiff seeks relief for other causes of action including multiple violates of West Virginia Consumer Credit Protection Act, fraud and breach of contract with regard to enrollment at Mountain State University.
Case Number: 12-C-302

Sufyan Turay vs. Charles H. Polk, Mountain State University, Inc. Mountain State University Building Company, Mountain State University Foundation, Inc., Mountain State University Endowment Fund, Inc.
PA-Stephen Skinner; J-David Sanders
* Plaintiff claims defendant engaged in widespread criminal enterprise, racketeering. Plaintiff seeks relief for other causes of action including multiple violates of West Virginia Consumer Credit Protection Act, fraud and breach of contract with regard to enrollment at Mountain State University.
Case Number: 12-C-303

Laverne Pauline Waters vs. Charles H. Polk, Mountain State University, Inc. Mountain State University Building Company, Mountain State University Foundation, Inc., Mountain State University Endowment Fund, Inc.
PA-Stephen Skinner; J-David Sanders
* Plaintiff claims defendant engaged in widespread criminal enterprise, racketeering. Plaintiff seeks relief for other causes of action including multiple violates of West Virginia Consumer Credit Protection Act, fraud and breach of contract with regard to enrollment at Mountain State University.
Case Number: 12-C-304

Aug. 8
Winston Threadgill vs. U.S. Department of Highways Office of District Engineers; Jefferson County Board of Education
PA-Pro Se; J-David Sanders
* Plaintiff claims he sold 8 acres of land to JC BOE so they could access school pumping station. The agreement was for BOE to pave, mow, etc. Instead, plaintiff claims BOE applied for permit for one-way entry in Plaintiff’s right of way, claiming it as an entrance to Blue Ridge Elementary School. Plaintiff claims BOE has blocked him from developing and using his land. Plaintiff alleges wrongdoing on part of DOH for issuing illegal permit to JC BOE. Plaintiff seeks stoppage of all school traffic and monetary award of $3 million from BOE and additional $200,000 from DOH.
Case Number: 12-C-307

Aug. 14
Branch Banking and Trust Company vs. Joseph Eckmeyer
PA-Christopher R. Moore; J-David Sanders
*Plaintiff claims defendant owes at least $66,570.70 for past due credit agreement.
Case number: 12-C-314

BB&T Financial FSB vs. Christopher Shultz
PA-Christopher Moore; J-David Sanders
*Plaintiff claims defendant owes at least $135,547.78 plus interest for past due credit agreement.
Case number: 12-C-316

Aug. 21
Charles Ronald (Ron) Meade, Jr. vs. Sky Patrol, LLC North America and Jeffrey Hanft, President of Sky Patrol LLC, North America
PA-Andrew C. Skinner; J-David Sanders
*Plaintiff alleges that defendant violated the West Virginia Wage Payment and Collection Act. Plaintiff seeks actual damages and other fees.
Case number: 12-C-328

Terin Meade vs. Sky Patrol, LLC North America and Jeffrey Hanft, President of Sky Patrol LLC, North America
PA-Andrew C. Skinner; J-David Sanders
*Plaintiff alleges that defendant violated the West Virginia Wage Payment and Collection Act. Plaintiff seeks actual damages and other fees.
Case number: 12-C-329

Aug. 24
Richard E. Cunningham and Mary Ellen L. Cunningham vs. Campbell Woods PLLC and Richard A. Pill
PA-Garry G. Geffert; J-David Sanders
*Plaintiffs claim that they moved, leaving adequate change of address but that defendants sold their property in foreclosure sale. The plaintiffs allege wrongful sale and seek actual damages as well as punitive damages and other fees.
Case number: 12-C-333

Tetra-Con, LLC vs. Robert Blanck and Kristen Blanck
PA-Tracey A. Rohrbaugh; J-David Sanders
*Plaintiff claims defendant owes at least $184,362.21 for past due credit agreement.
Case number: 12-C-334

Maghan

CHARLES TOWN – The Jefferson County Clerk is accused of failing to adequately bond the administrator of a late Washington, D.C., businessman’s estate which allowed him to squander nearly half the estate’s value.

Jennifer Maghan is named as a defendant in a lawsuit filed by the estate of John J. Warfield. The suit filed July 27 in Jefferson Circuit Court accuses Maghan, 40, of allowing James Packard-Gomez, 43, of Bethesda, Md., who was partners with Warfield in a now-defunct Georgetown salon and spa, to post a bond for significantly less than the full value of the estate as required by state law.

As a result, the suit alleges Packard-Gomez has been to embezzle over $1 million from the estate, and faces related criminal charges.

Exploiting the initiative

According to the suit, Warfield, who previously was from Nauvoo, Ill., died on Feb. 26, 2006, at age 62. In his will dated July 11, 1997, Warfield appointed Henry C. Knox-Dick, a Florida resident to be his estate’s executor.

Because Knox-Dick declined to serve as executor, Packard-Gomez asked that he serve as the estate’s administrator. Though Warfield’s estate was valued at over $2 million and state law requires that executors and administrators post bond “in an amount equal to the full value of the personal estate” and the county clerks confirm they are bonded “at an amount at least double the value of the estate regardless if the assets are in West Virginia,” Maghan required Packard-Gomez to post one for $90,000.

According to the suit, after he was able to obtain surety insurance from Traveler’s Casualty and Surety Company to cover the bond two days following Warfield’s death, the Jefferson County Commission appointed Packard-Gomez administrator on March 3, 2006. Though the suit does not provide specifics, it alleges that shortly following his appointment Packard-Gomez “began misappropriating funds and squandering the estates assets.”

In his will, Warfield directed the executor to aid Packard-Gomez in “purchas[ing] my portion of that business in a manner which is both orderly and which preserves the fair market value of those business interests at the time of my death. Along with instructing him to work with Packard-Gomez for up to two years to buy-out his share, Warfield, in his will also instructs the executor “to oversee the management of these business affairs until such time as they have been completely liquidated.”

According to Washingtonian magazine, Warfield and Packard-Gomez were partners in J.J. Development, a real estate company. In 2005, Packard-Gomez convinced Warfield to buy a Wisconsin Avenue building as the new location for a salon and spa operated by Edwin Gomez, a celebrity make-up artist, and Packard-Gomez’s partner.

However, in October 2010, Packard-Gomez fired Gomez, who was minority partner and creative director of the salon and spa that bore his name, and closed its doors the following January.

According to the suit, by law, Packard-Gomez was to submit an appraisement of the estate within 90 days of qualifying as administrator and Maghan was to send Packard-Gomez notice within six months of his failure to submit the appraisement. Neither occurred.

After three unidentified beneficiaries filed a petition in October 2007 alleging wrongdoing by Packard-Gomez, the Commission referred the matter to David A. DeJarnett, the county’s fiduciary supervisor. An appraisement of the estate he conducted on Jan. 18, 2008, identified assets totaling $2,314,832.15.

When the beneficiaries filed objections to the accounting, and renewed their allegations of wrongdoing, DeJarnett held hearings in March and May 2008, and January 2009 before submitting his final report on July 6, 2010. After examining DeJarnett’s report on Sept. 7, 2010, the Commission on Oct. 21 ordered Packard-Gomez removed as administrator, and him to repay the estate $1,117,030.09 plus interest.

Also, the Commission appointed Sheriff Robert Shirley as interim administrator. On Nov. 4, 2010, he was replaced by the Bank of Charles Town.

On an unspecified date, Packard-Gomez appealed the Commission’s ruling to Jefferson Circuit Court. Finding an “‘outrageous breaches of [his] fiduciary duty,” Judge David Saunders on June 7, 2011, affirmed the Commission’s decision.

According to the suit, following the Commission’s Oct. 21, 2010 meeting, the beneficiaries first noticed that Packard-Gomez had not posted bond equal to or in excess of the value of the estate. Immediately, they demanded the $90,000.

Nearly a year later on Sept. 27, Traveler’s paid the money to the estate.

Warfield’s estate, the suit alleges was damaged as a result of Maghan failing to ensure Packard-Gomez was sufficiently bonded. The estate seeks unspecified damages and interest.

It is represented by Charles Town attorney Stephen G. Skinner. The case is assigned to Saunders.

According to the Jefferson Magistrate Clerk’s Office, Packard-Gomez was charged March 2, 2011, on one count of destroying or concealing a will/embezzlement, a felony. He has yet to be arrested since, following closure of the salon and spa, his whereabouts remain unknown.

Maghan, a Republican, was elected to a second term as clerk in 2010.

Jefferson Circuit Court case number 12-C-281, Jefferson Magistrate Court, case number 11-F-250 (Packard-Gomez criminal)