CIVIL FILINGS: Berkeley County

By Toni L. Milbourne | Nov 2, 2012

Oct. 1
Winchester Medical Center vs. Glenn Curtis III
PA-Daniel T. Booth; J-Gray Silver III
* Plaintiff claims defendant owes at least $33,290.65 for past due credit agreement.
Case number: 12-C-765

Oct. 2
John White vs. Margaret Anna Buckner
PA-Pro Se; J-Gray Silver III
* Plaintiff claims defendant made false allegations against him which put a negative light on the plaintiff at his place of employment with a Federal agency. False allegations filed with the court could harm plaintiff in child visitation case. Plaintiff claims he may suffer loss of security clearance because of malicious actions of defendant. Plaintiff seeks punitive damages in amount of $145,000 and any other fees.
Case number: 12-C-771

Oct. 3
Robert L. Grove Sr. vs. Kitty Cauffman Hall
PA-Kathy M. Santa Barbara; J-John Yoder
*Plaintiff claims that in 2010 he was hired as project manager of a barn project at a rate of 8 percent of total project cost plus hourly wage. He claims breach of contract, negligent and fraudulent misrepresentation and fraud. Seeks total owed for work done of $75,582.05 plus any additional fees and costs.
Case number: 12-C-772

Ivan Rockenbaugh, Administrator of the Estate of Adrian K. Rockenbaugh vs. Shepherdstown Beverage Company Inc. dba Alto'sClub and DOE Defendants 1-10
PA-Wm. Richard McCune, Jr. J-Christopher Wilkes
* Plaintiff claims that on Aug. 13, 2012, decedent drank to excess facing physical intoxication and incapacitation while at the defendant business. Plaintiff claims defendant failed to detain decedent but let him drive which resulted in an accident causing death. Plaintiff seeks punitive and compensatory damages and other fees and costs.
Case number: 12-C-773

Oct. 9
M&T Bank vs. Tracy L. Simmons and Leslie Simmons
PA-Rebecca W. Wright, J-John Yoder
* Plaintiff claims defendant owes at least $32,442.62 for past due credit agreement.
Case number: 12-C-775

Robin Unger vs. United Physicians Care Inc. dba Apple Valley Family Medicine and Philomela Martirez Tabuena, M.D.
PA-Barry P. Beck; J-Gray Silver III
* Plaintiff claims that on Aug. 11, 2010, she was seen at City Urgent Care. Aug. 17 she was seen at Applee Valley and diagnosed with tension, fatigue, Type II diabetes, insomnia and back pain. Plaintiff was given Ambien and Voltaren and released. Later after returning to ER, plaintiff was admitted with serious health issues. Plaintiff now faces weekly dialysis and possible kidney transplant. Plaintiff alleges medical negligence for tests not run. Plaintiff seeks judgment in an amount to be determined at trial.
Case number: 12-C-786

Winchester Medical Center vs. Aryn Stewart
PA-Richard J. McGervey; J-Christopher Wilkes
* Plaintiff claims defendant owes at least $85,967.65 for past due credit agreement.
Case number: 12-C-787

Leona McGuire (nee Williams) vs. Wade Smith and USAA Casualty Insurance Co.
PA-Mark Jenkinson; J-Gray Silver III
* Plaintiff claims to have been a passenger in a vehicle Nov. 5, 2010, that was involved in accident with Defendant Smith's car. Plaintiff claims to have incurred expenses of $25,700 due to defendant negligence. Plaintiff seeks judgment for compensatory damages and any other fees.
Case number: 12-C-792

Deborah Priet vs. Dianna Laughery-Good and Berkeley County: Berkeley County Office of the Fiduciary
PA-Pro Se; J-John Yoder
* Plaintiff claims that in July 2011 she was told she was not allowed to attach a death certificate to a property deed despite “rights of survivorship” until after probate. Plaintiff alleges probate was not necessary but had to pay for probate two different times and secure a bond of $240,000. In May 2012, plaintiff alleges she checked status of probate and was told that it had ended in Jan. 2012. While in probate, the home was foreclosed on and sold despite assurances that estate should never have been in probate. Plaintiff alleges dereliction of duty, fraud and theft. She seeks compensatory damages in the amount of $244,357 which represents the appraised value of the home and the overcharge of fees.
Case number: 12-C-793

Mary C. Slemenda and Norman J. Slemenda Jr. vs. Prettyman Broadcasting Company Inc.
PA-David Hammer; J-Gray Silver III
* Plaintiffs allege that Mary Slemenda was hired in 2009 by Prettyman and discharged Aug. 29, 2012. She was paid compensation due Sept. 5, 2012. Norman Slemenda was hired 2006 and discharged Aug. 29, 2012. He alleges Prettyman Broadcasting failed to pay due compensation within 72 hours as set forth in the WV Wage Payment and Collections Act. Plaintiff seeks all damages not to be above $75,000.
Case number: 12-C-795

Oct. 12
David Givin vs. Guardian Fiberglass, Inc. and Eric Widmeyer
PA-David Hammer; J-Christopher Wilkes
* Plaintiff alleges that in March 2011, Defendant Widmeyer asked him to drive a backhoe into a scalding steam pool which was not normally part of his job. The plaintiff did so and later received commendation for doing a dangerous job. In Apr. 2011, Widmeyer asked plaintiff to again drive into the pool without providing proper boots and other protective measures. The task was not a routine part of plaintiff's job. Plaintiff alleges that he drove into the pool where he was disoriented because of the steam and attempted to escape the heat by exiting the backhoe. The hot water was higher than he realized and entered his boots burning his legs to a level of 3rd degree burns. Plaintiff alleges he can no longer find employment because of his medical condition caused by the accident. He seeks damages to be determined by jury.
Case number: 12-C-797

Oct. 15
Corey B. Pownell vs. Travis Bishop, Tannerman's Trading Company, LLC; Rossi, USA, Braztech International LC, Taurus International Manufacturing Inc. and Acusport Corporation
PA-Lawrence M. Schultz; J-Christopher Wilkes
* Plaintiff claims that he purchased a Rossi 357 Magnum from Defendant Bishop d/b/a Tannerman's. On Oct. 18, 2010, while holding the weapon with the safety on, the weapon discharged shooting plaintiff in the left thigh. Plaintiff claims design defect that caused discharge which resulted in medical expenses in excess of $150,000 and loss of earning. Plaintiff claims negligence, breach of warranties and seeks punitive and compensatory damanges and all other fees to be determined at trial.
Case number: 12-C-800

Oct. 17
John F. Mercer, Sr. vs. Saxon Mortgage Services, Inc.
PA-Andrew C. Skinner; J-John Yoder
* Plaintiff claims violation of West Virginia Consumer Credit and Protection Act. Seeks damages not to exceed $74,999.
Case number: 12-C-805

Oct. 22
Martin & Seibert LC vs. Keystone Holdings, LLC and Royce Hosiery LLC
PA-Christopher R. Moore; J-John Yoder
* Plaintiff claims that defendant owes $21,213.93 plus interest in past due credit agreement
Case number: 12-C-811

Chad Thomas and Thomas Transportation Inc. vs. M.S. Hamill Trucking Inc., Mark Hamill individually and in his capacity as president and co-owner of M.S. Hamill Trucking Inc.; Wendy Hamill, individually and in her capacity as agent and co-owner of MS. Hamill Trucking Inc.
PA-Nelson M. Michael J-John Yoder
* Plaintiff claims TTI had contract with Fed Ex Ground which was to be terminated Mar. 23, 2012 due to alleged failure to meet level of service. Plaintiff alleges Mrs. Hamill, former employee of TTI, was responsible for failed level of service so TTI would fail and M.S. Trucking would get contract with FXG. In Mrach 201 TTI filed civil suit for injunctive relieve but dropped suit when MS Hamill bid to purchase routes of TTI for $130,000. M.S. Hamill via Mr. and/or Mrs. Hamill made payment initially but then made less than contracted payment amounts and eventually stopping payments. Plaintiff alleges fraud, negligent misrepresentation and breach of contract. Plaintiff seeks punitive and compensatory damages and all other fees to be determined at trial.
Case number: 12-C-814

Oct. 24
Donna Stewart-Vega vs. 7-Eleven Inc dba 7-Eleven #18665
PA-Ben Crawley-Woods, J-Christopher Wilkes
* Plaintiff claims she was an employee at Kearneysville, WV 7-Eleven and was hurt on the job. She filed and received Workers Compensation. While off work for injury she was terminated by 7-Eleven. Plaintiff claims discriminatory practice and retaliatory discharge. Plaintiff seeks punitive and compensatory damages and all other fees to be determined at trial.
Case number: 12-C-824

Sharon Sine vs. Sheetz Inc.
PA-Mark Jenkinson J-John Yoder
* Plaintiff that on Jan. 26, 2012 she fell as a result of slipping in an oily substance in the parking lot of Sheetz. Plaintiff alleges severe and permanent injuries with hospital and medical costs in excess of $63,000 in addition to lost income to date in the amount of $13,000. Plaintiff seeks all damages to be determined at trial.
Case number: 12-C-826

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