CIVIL FILINGS: Berkeley County

April 27
Pride Acquisition LLC vs. Richard B. Ward
PA-Clinton W. Smith; J-Gray Silver III
* Plaintiff claims defendant owes at least $37,637.97 for past due credit agreement.
Case number: 12-C-339

Kenneth Noll as Executor of the Estate of Harry Lee Noll, deceased vs. Heartland of Martinsburg WV LLC d/b/a Heartland of Martinsburg; Manor Care Health Services, Inc.; HCR Manorcare Inc.; Manor Care Inc.; ABC Business Entities 1-10; and John Doe Medical Providers; and John Doe Controlling Officers, Managing Members and General Partners 1-10
PA-Peter D. Giglione; J-Christopher Wilkes
* Plaintiff claims decedent was in care of Defendant(s) from March to July 2010. Plaintiff alleges negligence pursuant to West Virginia Survival Act, Premises Liability, Breach of Fiduciary Duty. Plaintiff seeks compensatory and punitive damages plus interest and any other fees that may be awarded.
Case number: 12-C-344

April 30
Chase Bank USA NA vs. Michael Kincaid
PA-Clinton W. Smith; J-Christopher Wilkes
* Plaintiff claims defendant owes at least $45,369.38 for past due credit agreement.
Case number: 12-C-347

Robert L. Burner and Kathy J. Burner vs. Toyota Motor Credit Corporation
PA: Sarah L. Hinkle; J-John Yoder
* Plaintiffs claim violation of West Virginia Credit and Consumer Protection Act. Plaintiffs seek up to $74,999.99.
Case Number: 12-C-349

Sharon Scholz vs. Food Lion LLC
PA: Dale Buck; J: Christopher Wilkes
* Plaintiff claims on Aug. 5, 2011, while shopping at the Hedgesville Food Lion she slipped on water and fell causing physical damage. Plaintiff alleges negligence and failure to warn customers of unsafe conditions. Plaintiff seeks damages, medical costs and other fees to be determined.
Case number: 12-C-353

Branch Banking & Trust Company vs. Kenneth W. Britton Jr.
PA: Charles F. Bagley, III; J: John C. Yoder
* Plaintiff claims defendant owes at least $25,585.44 for past due credit agreement.
Case number: 12-C-358

May 1
Fifth Third Bank vs. Sol Trotter also known as Sol Christopher Trotter also known as Sol C. Trotter
PA: Kirk B. Burkley; J: Christopher Wilkes
* Plaintiff claims defendant owes at least $34,218.56 plus interest for past due credit agreement.
Case number: 12-C-359

May 4
Margaret L. Bennett vs. Wal-Mart Stores Inc.
PA: David E. Furrer; J: Christopher Wilkes
* Plaintiff claims on June 2, 2010, while shopping at Wal-Mart she slipped on water in the garden center and fell, causing physical damage. Plaintiff claims negligence and seeks damages and medical expenses in an amount to be determined.
Case number: 12-C-362

May 4
Jay Russell vs. County Council of Berkeley County and Douglas Copenhaver
PA: David M. Hammer; J: John C. Yoder
* Plaintiff claims Copenhaver, when elected to Berkeley County Council, attempted to steer business of the county to favored vendors. Plaintiff claims waste of taxpayer money. Copenhaver allegedly demanded plaintiff resign when he disagreed with him. On Oct. 6, 2011, plaintiff was placed on administrative leave for alleged violation of fuel card policy. Also allegedly accused of misappropriation of funds, embezzlement and other charges by Copenhaver. Plaintiff was terminated Nov. 10 by vote of 3-2 by Berkeley County Council. Plaintiff seeks damages, reinstatement, back wages and all other costs and fees to be determined byjury.
Case number: 12-C-364

May 7
Donna Robinson vs. Dr. Tressie M. Duffy
PA: James T. Kratovil; J: John C. Yoder
* Plaintiff claims defendant publicly and maliciously informed others that the plaintiff was distributing controlled substances without the right to do; that plaintiff possessed controlled substances; and that plaintiff had sexual relations with patients. Plaintiff alleges she has suffered damages and loss of reputation. Plaintiff seeks general and compensatory damages to be determined by jury.
Case number: 12-C-367

May 7
Branch Banking & Trust Company vs. Luanne Pensabene, Michael A. Pensabene
PA: Christopher R. Moore; J: Christopher Wilkes
* Plaintiff claims defendant owes at least $64,497.86 for past due credit agreement.
Case number: 12-C-374

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