This Just In: Jefferson County

By The West Virginia Record | Apr 20, 2007

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

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

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

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

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

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