POINT PLEASANT - A man who was forced to pay his divorce settlement that he says he did not agree to is suing a secretary who he claims falsified divorce documents.
Danny Ray Westmoreland claims Myra Shull falsely notarized a divorce document in a lawsuit filed Feb. 15 in Mason Circuit Court. He is seeking $94,000 in actual damages and $250,000 in punitive damages.
He adds that Shull's actions led to Gary Berry, doing business as Special Care Cleaning, to be found guilty of grand larceny.
Shull has filed Motion to Dismiss, stating that the Plaintiff's claim is barred by the statute of limitations. Also, Westmoreland's original civil case was against Raymond Musgrave and the Musgrave Law Office, for whom Shull worked, but Musgrave has filed for bankruptcy.
Westmoreland claims that Shull notarized a document on April 15, 2004, and claimed he was present, which he says he wasn't.
"Myra Shull notarized a document… claiming I was before her, which was not possible due to the fact that she was secretary to Raymond Musgrave representing Kimberly Westmoreland in divorce proceedings against me, which allowed no contact against Musgrave and myself," the complaint says. "This was a false notary intentionally committed."
Westmoreland had reached a $15,000 settlement with his ex-wife, said Shull, who adds that he is only taking this action to avoid paying that settlement.
Shull continues that Westmoreland has filed at least 11 actions in Mason Magistrate Court and approximately nine in Mason Circuit Court.
"As evidenced by his litigation history, the Plaintiff in the instant action is once again, in bad faith and without any truthful allegations, attempting to utilize the Court's resources as a mean to be vexatious," the Motion to Dismiss states.
Judge Dan O'Hanlon of Cabell Circuit Court has been assigned the case.
Mason Circuit Court case number 06-C-22