April 26
Carol Puffinburger vs. the estate of Earl Lee Stewart, through representative Melvin Canby
PA – Laura Faircloth; J – Groh
* The plaintiff claims she suffered multiple injuries, including a shoulder fracture, when she tripped and fell April 26, 2009, on a metal threshold strip that was negligently installed and improperly maintained by Stewart at his residence, before his passing. She claims she has incurred more than $74,000 in medical expenses and is seeking an undetermined amount of relief.
Case number: 11-C-322

April 28
The Rector and Visitors of University of Virginia Medical Center vs. Michael Lowell Kiser and Gloria Jean Kiser
PA – Peter Hetzel; J – Wilkes
* The plaintiff was awarded $43,536.01, plus at least $3,900 in interest and fees, in a judgment from June 29, 2010, in Albemarle County Circuit Court in Virginia. The foreign judgment against the defendants was filed in Berkeley County.
Case number: 11-C-345

April 29
Rhonda L. Brackett vs. Lowe’s Home Centers Inc.
PA – Terrance Britt; J – Wilkes
* The plaintiff claims she was injured after she fell into a rut left by the defendant’s agents on Feb. 19, 2011, after they drove a delivery truck off the driveway at the back of her residence and created a hidden danger. She claims they failed to exercise reasonable care and were negligent, and she is seeking an undetermined amount of relief.
Case number: 11-C-348

April 29
Shannon F. Criswell vs. State Farm Mutual Automobile Insurance Co.
PA – Terrance Britt; J – Groh
* The plaintiff, who was severely injured outside a Martinsburg bar when she was knocked to the ground and run over on Feb. 20, 2011, claims the defendant has breached its insurance policy with the plaintiff by failing to pay $25,000 in medical benefits. Criswell is seeking that amount and other relief.
Case number: 11-C-349

May 3
Capital Lighting and Supply Co. Inc., d/b/a Capital Tristate, vs. Mountain State Electric Inc., Richard Timberlake and Douglas Lund
PA – Edward Hagan; J – Groh
* The plaintiff claims the defendants, who have had a longtime trade account with Capital Tristate, failed to pay for purchases made since March 2010 and now owe at least $96,006.12. The plaintiff is seeking that amount plus other relief.
Case number: 11-C-364

May 3
Centra Bank Inc. vs. Tony Price
PA – Susan Snowden; J – Silver
* The bank claims the defendant owes at least $120,432.31 after defaulting on the terms of an agreement from Jan. 18, 2006, and it is seeking that amount plus at least $70,347.10 in damages to real estate involved in the deed of trust.
Case number: 11-C-365

May 4
Robert W. Elliott Sr. vs. Continental Brick Co., C. Lynch Christian III and Donald B. Sult
PA – Christopher Luttrell; J – Groh
* The plaintiff, who worked for Continental Brick from 1984 until February 2011, claims the defendants violated the West Virginia Human Rights Act and inflicted intentional emotional distress, by terminating his employment in an effort to punish him for lodging complaints regarding illegal workplace actions. He claims Sult repeatedly threw hammers in the direction of employees, smashed a brick in front of an employee’s face, frequently punched walls and continuously used profanities in what appeared to be attempts to intimidate Elliott and other workers. The plaintiff is seeking an undetermined amount of relief.
Case number: 11-C-366

May 5
Winchester Medical Center vs. Randy G. Wasson
PA – Richard McGervey; J – Wilkes
* The plaintiff claims Wasson owes at least $148,002.35 plus $9,145.09 in interest for medical services and supplies provided to him in 2010.
Case number: 11-C-369

May 9
American Express Centurion Bank vs. Shirley J. White
PA – Paul Atkins; J – Silver
The bank claims White owes at least $26,797.30 plus interest on a past-due account.
Case number: 11-C-386

May 10
Kayla Michelle Schoppert vs. Joshua Robert Gosk and Katherine A. Gosk
PA – Eric Black; J – Wilkes
* The plaintiff claims that Joshua Gosk’s negligence caused an accident on Feb. 17, 2010, when he was driving a vehicle owned by Katherine Gosk and collided with Schoppert’s vehicle. He also was operating the vehicle with a suspended/revoked driver’s license. The plaintiff suffered severe injuries, including a permanent injury to her left hand, as well as medical expenses, lost wages, pain and emotional distress. She is seeking at least $300,000 plus other relief.
Case number: 11-C-387

May 11
John F. “Frank” Stottlemyer vs. Quad/Graphics Inc., and Steve Salimary
PA – Harry Waddell; J – Groh
* The plaintiff claims he was wrongfully terminated Aug. 19, 2010, in retaliation for his repeated attempts to bring the company’s respirator program into compliance with Occupational Safety and Health Administration safety regulations, as well as his concerns about toxic exhaust fumes in a press room. He is seeking general damages, back wages and other relief in an amount to be determined.
Case number: 11-C-388

May 12
Branch Banking and Trust Co. vs. Roberto Noel Blasini and Lourdes I. Fourquet
PA – Charles Bagley; J – Wilkes
* The bank claims the defendants defaulted on the terms of an agreement from April 10, 2004, and now owe at least $29,459.71 plus interest.
Case number: 11-C-390

May 16
Misty Way and Russell Way, as next friends of Austin Way, a minor, vs. Douglas R. Greenfield
PA – Christopher Prezioso; J – Wilkes
* The plaintiffs claim Austin Way was severely and permanently injured by a dog bite on the defendant’s property on May 16, 2009. They are seeking an undetermined amount of relief.
Case number: 11-C-411

May 17
Centra Bank Inc. vs. Jose S. Hernandez and Maria D. Hernandez
PA – Laurel Lackey; J – Groh
* The bank claims the defendants defaulted on an agreement from Feb. 9, 2007, and owe at least $66,835.53 plus interest.
Case number: 11-C-412

May 20
Winchester Medical Center vs. Rebecca L. Garcia
PA – Daniel Booth; J – Wilkes
* The hospital claims Garcia owes at least $35,222.86 plus $1,641.47 in interest for medical services and supplies provided to her in 2010.
Case number: 11-C-420

May 25
Martin L. Goozman and Jeffrey W. Bernstein, trustees for Sandy Spring Bank, vs. Robert B. Allen
PA – Gary Krupka; J – Silver
* The plaintiffs were granted a judgment for $150,630.99 plus interest for a past-due account on April 27, 2011, in Circuit Court in Howard County, Md. The foreign judgment was filed in Berkeley County Circuit Court.
Case number: 11-C-428

May 25
Winchester Medical Center vs. Timothy H. Wilson
PA – Richard McGervey; J – Wilkes
* The hospital claims Wilson owes at least $88,034.03 plus $11,942.02 in interest for medical services and supplies provided to him in 2008 and 2009.
Case number: 11-C-429

May 26
United Bank Inc. vs Nicholas Winalski
PA – Andrew Woofter; J – Silver
* The plaintiff claims the defendant owes at least $37,806.08 plus interest after defaulting on the terms of a loan agreement from April 22, 2008, and after proceeds from a foreclosure sale were applied to the debt.
Case number: 11-C-431

June 3
Tri-State Surgical Center vs. Dennis M. Gawronski
PA – Christopher Moore; J – Silver
* The plaintiff claims the defendant owes at least $33,425.00 plus interest for medical services and supplies.
Case number: 11-C-443

June 6
Export Development Canada, Federal Crown Corp. of the Government of Canada, assignee of Lanner Inc., d/b/a Amer.com vs. The McEvoy Administration LLC
PA – Ryan Marsteller; J – Groh
* The plaintiff claims the defendant owes at least $29,000 after failing and refusing to pay for goods sold and delivered by the plaintiff.
Case number: 11-C-451

June 6
Branch Banking and Trust Co. vs. Glenora Well Sanders
PA – Steven Recht; J – Groh
* The plaintiff claims Sanders owes at least $51,711.39 plus interest after defaulting on the terms of a loan agreement from Sept. 18, 2009.
Case number: 11-C-454

June 10
Ashley B. Mason vs. Bridgett A. Mason and Thomas W. Mason
PA – Tracey Eberling; J – Groh
* The plaintiff claims the defendants have failed to repay a $100,000 personal loan from August 2010, and they also have failed to return seven horses, a 2007 Freightliner truck, a pickup truck and a horse trailer that all belong to the plaintiff. She is seeking at least $93,000 for the outstanding loan, as well as the return of her personal property and other relief.
Case number: 11-C-469

June 10
William Maloy vs. Wal-Mart Stores East LP
PA – Mark Jenkinson; J – Silver
* The plaintiff claims the defendant was negligent and failed to maintain its Martinsburg store in a safe and reasonable condition, causing Maloy to be injured on July 3, 2009. He has suffered more than $30,000 in medical expenses and has lost more than $20,000 in income as a result of his injuries, and he is seeking an undetermined amount of relief.
Case number: 11-C-470

June 14
Branch Banking and Trust Co. vs. Blair R. Hess Jr. and Kandy A. Hess, individually and as former shareholders and members of KB Music Center Inc. and KB Performance Plus LLC
PA – Kathy Santa Barbara; J – Groh
* The plaintiff claims the defendants owe at least $322,931.26 on a past-due loan agreement from April 28, 2005, as well as $308,578.16 on a past-due loan agreement from Oct. 18, 2007. The plaintiff is seeking those amounts plus interest and other relief.
Case number: 11-C-478

June 14
Dorothy Elaine Wright vs. Michael S. Santa Barbara and Santa Barbara Law Offices PLLC
PA – Charles Trump; J – Silver
* The plaintiff claims Michael Santa Barbara was negligent in handling Wright’s personal injury claim from a trolley accident on June 16, 2007. Wright claims Santa Barbara failed to name the correct defendant, which was the Berkeley County Roundhouse Authority; improperly filed Wright’s suit on behalf of Wright and an unrelated plaintiff, which was impermissible under state law; failed to file Wright’s suit properly before the expiration of the applicable statute of limitations on her claim; failed to keep Wright updated about her case; and failed to provide Wright with all of her case’s files and records when she hired new counsel. She claims Santa Barbara and the law office breached their duties to the plaintiff, and she is seeking an amount of relief to be determined at trial.
Case number: 11-C-479

June 13
John T. Timmons Sr. vs. Prime Care Medical; Wexford Medical; Department of Corrections; and Warden William Fox
PA – Pro se; J – Wilkes
* The plaintiff claims the defendants have failed to properly treat his medical condition related to his amputated leg while he has been incarcerated at St. Mary’s Correctional Center. He claims the defendants failed to replace a worn-out sleeve on his prosthetic leg, causing severe pain and a broken bone in the remaining portion of his leg. He is seeking at least $1 million and other relief.
Case number: 11-C-480

June 15
FIA Card Services vs. Tonya L. Clark-Dorsey
PA – Edna Coulter; J – Groh
* The plaintiff claims Clark-Dorsey owes at least $50,831.45 plus interest on a past-due account.
Case number: 11-C-481

June 23
AA RV Inc. vs. William Null and Nationwide Mutual Insurance Co.
PA – Roger Brown; J – Wilkes
* The plaintiff claims Null caused damage to a vehicle he rented on June 13, 2009, and breached the recreation vehicle rental agreement. The plaintiff is seeking at least $20,000 for vehicle damages and $15,000 for the plaintiff’s loss of rental income.
Case number: 11-C-498

June 29
Winchester Medical Center vs. David A. Cox
PA – Daniel Booth; J – Silver
* The hospital claims Cox owes at least $30,169.83 plus $3,512.04 in interest for medical services and supplies provided to him in 2009.
Case number: 11-C-515

June 29
Winchester Medical Center vs. Richard B. Greene
PA – Christopher McCarthy; J – Wilkes
* The hospital claims Greene owes at least $62,140.13 plus $4,218.69 in interest for medical services and supplies provided to him in 2010.
Case number: 11-C-516

June 29
Winchester Medical Center vs. Khalilia Duckett
PA – Daniel Booth; J – Groh
* The hospital claims Cox Duckett at least $41,703.38 plus $2,222.80 in interest for medical services and supplies provided in 2010.
Case number: 11-C-517

June 29
Dealership Management Co. LLC vs. Air-Row Sheet Metal Co. Inc.
PA – F. Samuel Byrer; J – Wilkes
* The plaintiff claims the defendant breached a contract from May 19, 2006, by failing to properly install, complete and maintain a heating, ventilation and air conditioning system. The plaintiff is seeking at least $152,400 plus other relief.
Case number: 11-C-519

Santa Barbara

MARTINSBURG – A Hedgesville woman is suing her former counsel after she claims he and his law office were negligent in handing her personal injury claims after she was injured on a trolley.

Michael S. Santa Barbara and Santa Barbara Law Offices, PLLC, were named as defendants in the suit.

Dorothy Elaine Wright was injured when riding on a trolley on June 16, 2007, and the defendants were to represent her in her negligence claim for personal injuries against the Berkeley County Roundhouse Authority and the trolley driver, according to a complaint filed June 14 in Berkeley Circuit Court.

Wright claims the defendants were negligent in the handling of her personal injury claim by failing to ascertain the extent of her lost income, wages and reduced Social Security income.

The defendants were also negligent in failing to file a lawsuit against all those responsible for Wright’s injuries, namely the Berkeley County Roundhouse Authority, according to the suit. The defendants instead only filed the suit against the trolley driver, Juanita McJilton.

Wright claims under the West Virginia Governmental Tort Immunity Act, McJilton was statutorily immune from liability for the claims and damages, so the defendants were negligent in filing the suit against a person who was “immune from liability for the claims asserted in the suit.”

Eventually, Wright discharged the defendants as her counsel and hired her counsel, according to the suit.

Wright claims the defendants breached their contract with her and were negligent in representing her properly.

Because of the defendants’ negligence, Wright’s claims were “worth no more than nuisance value,” according to the suit.

Wright is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Charles S. Trump.

Berkeley Circuit Court case number: 11-C-479

June 30
AA RV Inc. vs. Samuel Chung and State Farm Mutual Automobile Insurance Co.
PA – Pro se; J – Groh
* The plaintiff claims Chung caused damage to a vehicle he rented on June 24, 2009, and breached the recreation vehicle rental agreement. The plaintiff is seeking at least $20,000 for vehicle damages and $15,000 for the plaintiff’s loss of rental income.
Case number: 11-C-520

Bank of Charles Town vs. Kevin R. Cosner
PA – Stephen Skinner; J – Groh
* The bank claims Cosner owes at least $1,463,982.12 plus interest on a past-due commercial loan agreement from March 30, 2009, which was individually guaranteed by Cosner and two others for Goodland LLC.
Case number: 11-C-523

Bank of Charles Town vs. Goodland LLC
PA – Stephen Skinner; J – Silver
* The bank claims Goodland LLC owes at least $1,463,982.12 plus interest on a past-due commercial loan agreement from March 30, 2009, which was individually guaranteed by Charles P. Holben, Douglas E. Copenhaver Jr. and Kevin R. Cosner.
Case number: 11-C-524

Bank of Charles Town vs. Douglas E. Copenhaver
PA – Stephen Skinner; J – Wilkes
* The bank claims Copenhaver owes at least $1,463,982.12 plus interest on a past-due commercial loan agreement from March 30, 2009, which was individually guaranteed by Copenhaver and two others for Goodland LLC.
Case number: 11-C-525

Bank of Charles Town vs. Charles P. Holben
PA – Stephen Skinner; J – Groh
* The bank claims Holben owes at least $1,463,982.12 plus interest on a past-due commercial loan agreement from March 30, 2009, which was individually guaranteed by Holben and two others for Goodland LLC.
Case number: 11-C-526

June 21
Wells Fargo Bank NA vs. Ranata L. Johnson
PA – Lora Snodgrass; J – Silver
* The bank claims Johnson owes at least $30,922.01 plus interest on a past-due credit account from April 29, 2005.
Case number: 11-C-530

Yoder

MARTINSBURG — A circuit judge from the 23rd judicial circuit who had scheduled night court sessions in Berkeley County to handle a growing amount of cases has canceled plans for the sessions.

Circuit Judge John C. Yoder previously asked the state Supreme Court to pay for a court reporter for the night court, which was scheduled for next month.

Yoder said the need for the nighttime sessions has been alleviated for the time being.

“The Berkeley County Prosecutor’s Office made personnel changes that I believe — or at least hope — will alleviate the need for night court,” he said.

Yoder said what complicates his caseload the most is the fact that there is a 10-day deadline for holding a preliminary hearing in child abuse and neglect cases.

In the letter sent to the state Supreme Court in March, Yoder wrote that his caseload is 1.8 times greater than the average circuit judge in the state.

Supreme Court of Appeals Administrative Director Steve Canterbury said he has been talking to the court about adding more judges to the 23rd Circuit to lessen the judges’ caseloads in the circuit.

July 1
Four Points Construction Inc. vs. Preferred Rental Properties LLC and Mark Markle
PA – Christopher Robertson; J – Wilkes
* The plaintiff claims the defendants owe at least $578,044.22 plus interest for breaching a contract from April 23, 2008, for work on 16 townhouses in Berkeley County. The plaintiff is seeking that amount as well as at least $328,527.03 for a claim of unjust enrichment.
Case number: 11-C-531

Hurshell V. Ricks II vs. Ricardo Lewis, Theo Washington, John Doe 1, John Doe 2 and Waffle House Inc. d/b/a Waffle House No. 1476
PA – Paul Taylor; J – Silver
* The plaintiff claims Lewis conspired with Washington and two other men to intentionally assault and batter him on July 5, 2009, at a Waffle House where John Doe 2 worked as a security guard. He claims Washington and John Doe 1 attacked him and caused severe injuries, and he is seeking an amount of relief to be determined.
Case number: 11-C-536

July 5
FIA Card Services NA vs. Walleah B. Skaggs
PA – Edna Coulter; J – Groh
* The plaintiff claims Skaggs owes at least $25,688.78 plus interest for a past-due account.
Case number: 11-C-538

July 8
William H. Gordon Associates Inc. vs. D&G Development and Dewey Whitmore
PA – Christopher Stroech; J – Groh
* The plaintiff claims the defendants owe at least $46,084.64 plus interest after failing to pay for design and engineering services. The plaintiff is seeking that amount plus other relief.
Case number: 11-C-547

July 13
Winchester Medical Center vs. Deborah K. Purnell
PA – Richard McGervey; J – Groh
* The hospital claims Purnell owes at least $60,407.19 plus $3,962.04 in interest for medical supplies and services provided to her in 2010.
Case number: 11-C-559

July 11
JSC Concrete Construction Inc. vs. Long Archer’s Rock LLC and Chesapeake Potomac Homes LLC
PA – Laurel Lackey; J – Wilkes
* The plaintiff claims the defendants owe at least $53,899.73 plus interest after the plaintiff performed concrete work on multiple properties at the Long Archer’s Rock subdivision in Berkeley County, in accordance with a subcontractor’s agreement with Chesapeake Potomac Homes.
Case number: 11-C-561

July 18
Teresa Nutter vs. Andrew Joseph Watson
PA – David Jackson; J – Groh
* The plaintiff claims the defendant was negligent and caused an accident on Sept. 2, 2009, on Beddington Road in Berkeley County, when he was traveling at a high speed and failed to yield the right of way. The plaintiff suffered severe injuries and medical expenses, and she is seeking at least $300,000.
Case number: 11-C-565

July 18
City Hospital Inc. vs. Anthony Rice
PA – Edward Harman; J – Wilkes
* The hospital claims the defendant failed to pay the balance of an $85,000 loan after he breached the terms of a net income guarantee agreement from June 30, 2007, and didn’t stay at least 36 months at his family medical practice in Berkeley County. The hospital agreed to forgive half the loan, and is seeking $42,500.
Case number: 11-C-567

July 15
JayDee’s LLC vs. East Coast Capital Investments LLC, Matthew Caroll and Claudio Buono
PA – J. Mark Sutton; J – Wilkes
* The plaintiff claims the defendants breached a loan agreement from Oct. 9, 2007, and now owe at least $135,331.85 plus interest.
Case number: 11-C-570

July 19
SPCP Group V LLC vs. Foxcroft Avenue Offices LLC, Foxcroft Avenue Offices 1 LLC, Foxcroft Avenue Offices 2 LLC, Foxcroft Avenue Offices 3 LLC, Foxcroft Avenue Offices 4 LLC, Foxcroft Avenue Offices 5 LLC, Foxcroft Avenue Offices 6 LLC, Foxcroft Avenue Offices 7 LLC, Foxcroft Avenue Offices 8 LLC, Foxcroft Avenue Offices 9 LLC and Foxcroft Avenue Offices 10 LLC
PA – Christopher Moore; J – Wilkes
* The plaintiff claims the defendants owe at least $5,984,903.18 plus interest after defaulting on a loan agreement from Nov. 29, 2005.
Case number: 11-C-582

July 22
FIA Card Services NA vs. Julie A. Arrowood
PA – Paul Atkins; J – Silver
* The plaintiff claims Arrowood owes at least $46,967.22 plus interest on a past-due account.
Case number: 11-C-590

Aug. 2
FIA Card Services NA vs. Denis B. Foley
PA – Edna Coulter; J – Wilkes
* The plaintiff claims Foley owes at least $29,330.44 plus interest on a past-due credit agreement.
Case number: 11-C-618

Military Order of the Purple Heart Service Foundation Inc. vs. Winchester Auto Dealers Exchange Inc.
PA – Gregory St. Ours; J – Wilkes
* The plaintiff claims the defendant breached its fiduciary duties and failed to safeguard the plaintiff’s 43 donated vehicles that were stolen from the defendant’s facility by a Winchester Auto Dealers Exchange employee in 2009. The plaintiff is seeking at least $170,226 in compensatory damages and $500,000 in punitive damages.
Case number: 11-C-621

Aug. 9
John Hendley vs. Hui Xin Yang and Guo Ying Xie
PA – David Jackson; J – Groh
* The plaintiff claims defendant Hui was operating a vehicle owned by Guo when he was negligent and cause a vehicle accident on Interstate 81′s Exit 12 ramp in Berkeley County, causing the plaintiff to suffer severe injuries, loss of income and other damages. The plaintiff is seeking at least $200,000 and other relief.
Case number: 11-C-637

Aug. 11
Angela Lanciano, as personal representative of the estate of Christian Lane Lanciano, vs. Wendi Lanciano, Raymond James Lanciano, Beverly Lane and Western Maryland Hospital Center
PA – Christopher Prezioso; J – Wilkes
* The plaintiff claims Christian Lanciano’s death on Aug. 22, 2009, was directly caused by the defendants’ gross negligence after he was given narcotics, including morphine and other prescription painkillers, which Wendi Lanciano had been obtaining from her workplace, Western Maryland Hospital Center. The suit claims Wendi and Raymond Lanciano acted in a willful, wanton and reckless manner by giving the drugs to Christian and urging him to take them intravenously, in a home occupied by the Lancianos and owned by Beverly Lane. The plaintiff is seeking an undetermined amount of relief.
Case number: 11-C-642

Aug. 15
Scott Mandirola, director of the Division of Water and Waste Management of the West Virginia Department of Environmental Protection, vs. Berkeley County Public Service Sewer District
PA – Jennifer Hughes; J – Wilkes
* The plaintiff claims that the defendant’s four sewage collection and treatment systems exceeded pollutant limitations on numerous occasions from March 2007 to February 2011, for a total of 187 minor violations, 125 moderate violations and 108 major violations, representing 5,437 total days. The plaintiff is seeking civil penalties of $25,000 per day for each violation, as well as other relief.
Case number: 11-C-656

Aug. 12
Carolyn J. Diffenderfer and Donald L. Diffenderfer vs. Russell A. Butts Jr. and State Farm Mutual Automobile Insurance Co.
PA – Joseph Ferretti; J – Groh
* The plaintiffs claim Carolyn Diffenderfer was injured and suffered more than $40,000 in medical expenses because of a vehicle accident on Aug. 17, 2009, in Berkeley County, which was caused by Butts’ negligence. They are seeking an amount of relief to be determined.
Case number: 11-C-658

Aug. 17
Citibank NA vs. Christine N. Pierce
PA – Andrew Frye III; J – Groh
* The plaintiff claims Pierce owes at least $27,309.89 plus interest on a past-due credit agreement.
Case number: 11-C-661

Aug. 25
BB & T Financial FSB vs. Tommy Kelpy
PA – Christopher Moore; J – Groh
* The plaintiff claims Kelpy owes at least $50,415.97 plus interest from a credit agreement from Aug. 31, 2007.
Case number: 11-C-683

Tilhance Creek Investments LLC and Court House Square Investments LLC vs. BCBank Inc. and Donald J. Epperly, as trustee for BCBank Inc.
PA – Michael Novotny; J – Wilkes
* The plaintiffs claim they have sustained more than $1,592,592.83 in damages after the defendants fraudulently conducted foreclosure sales on the plaintiffs’ properties on Sept. 10, 2010, and Dec. 29, 2010, and breached their fiduciary and contractual duties.
Case number: 11-C-688

Georgiann D. Schult vs. Patricia Oswald
PA – Pro se; J – Groh
* The plaintiff was awarded $125,000 in a judgment from Sept. 12, 2011, in the Circuit Court of Frederick County, Md., before Judge Julie S. Solt. The foreign judgment against the defendant was filed in Berkeley County.
Case number: 11-C-689

Aug. 29
FIA Card Services NA vs. Marilyn L. Crawford
PA – Edna Coulter; J – Groh
* The plaintiff claims the defendant owes at least $37,522.03 plus interest on a past-due account.
Case number: 11-C-695

Sept. 6
Winchester Medical Center vs. Joseph Johnson
PA – Christopher McCarthy; J – Silver
* The hospital claims Johnson owes at least $84,055.09 plus interest for medical services and supplies provided to him in 2009.
Case number: 11-C-732

Sept. 8
Larry Sampson vs. Shirley Harrison
PA – Mark Jenkinson; J – Silver
* The plaintiff claims Harrison was negligent and caused a vehicle accident on Oct. 15, 2009, on a highway in Virginia. Sampson was her passenger, and he suffered severe injuries and more than $300,000 in medical and rehabilitation expenses. He is seeking an amount of relief to be determined at trial.
Case number: 11-C-738

Sept. 9
City National Bank of West Virginia vs. Charles A. Hanshew and Ollie M. Hanshew
PA – Christopher Moore; J – Silver
* The bank claims the defendants owe at least $58,056.55 plus interest on a past-due agreement from Jan. 12, 2009.
Case number: 11-C-744

Sept. 12
Citibank NA vs. Lawrence E. Watson
PA – Andrew Frys III; J – Silver
* The plaintiff claims Watson owes at least $26,106.08 plus interest on a past-due account.
Case number: 11-C-750

Sept. 23
P. Shannon Layne vs. Berkeley County Sheriff Kenneth Lemaster and the Berkeley County Council
PA – Barry Beck; J – Groh
* The plaintiff claims he was wrongfully terminated from his position as a deputy on May 2, 2011, after he refused to submit to a polygraph examination in regard to sexual abuse charges that stemmed from an alleged incident while he was on duty July 31, 2010. He claims that his right to a pre-disciplinary hearing was denied, and he is seeking reinstatement to his position, wages and other relief.
Case number: 11-C-794

Sept. 27
First United Bank & Trust vs. Romans 8:28 LLC
PA – Ashley Hardesty; J – Silver
* The bank claims the defendant owes at least $228,092.56 plus interest after defaulting on the terms of a business loan agreement from Aug. 7, 2007.
Case number: 11-C-807

First United Bank & Trust vs. Gwendel LLC, John E. Swift IV and Becky L. Swift
PA – Ashley Hardesty; J – Groh
* The bank claims the defendants owe at least $203,869.41 plus interest after defaulting on the terms of a business loan agreement from March 19, 2007.
Case number: 11-C-809

Jefferson Security Bank vs. Walter W. Poling d/b/a S&W Construction
PA – Kathy Santa Barbara; J – Groh
* The bank claims the defendant owes at least $66,032.61 plus interest after failing to meet the terms of a commercial loan agreement from Dec. 27, 2008.
Case number: 11-C-812

Susquehanna Bank vs. William J. Slonaker
PA – Kathy Santa Barbara; J – Silver
* The bank claims that Slonaker owes at least $75,122.03 plus interest after failing to meet the terms of a promissory note from April 7, 2007.
Case number: 11-C-813

MARTINSBURG – The state Supreme Court’s recent decision in a Jefferson County deputy sheriff’s termination may have an immediate implication for yet another similar case pending in the lower courts, this time in neighboring Berkeley County.

The Court on Sept. 23 reversed Jefferson Circuit Judge David Sanders’ ruling affirming the county Civil Service Commission’s decision upholding Sheriff Robert Shirley’s firing of Sgt. Michael T. Dodson. In a two-page memorandum opinion, in which it cited its previous decision in the 2009 case of Burgess v. Moore, the Court said Dodson’s termination was premature because Shirley did not provide him a pre-disciplinary hearing as required by state law.

Records show following an investigation into allegations he had a romantic relationship with Cpl. Tracey Edwards, a JCSD detective, former Sheriff Everett Boober in the waning days of his administration in late 2008 granted Dodson’s request for a pre-disciplinary hearing. However, no sooner had the hearing convened than it adjourned due to a potential conflict in one of the panel members’ participation in Dodson’s investigation.

Shortly after taking office in 2009, Shirley fired Dodson without reconvening the pre-disciplinary panel.

The very day the Court issued its ruling in the Dodson case, Perry Shannon Layne, a former Berkeley County deputy sheriff filed a writ of mandamus against Sheriff Kenneth LeMaster, and the Berkeley County Commission in Berkeley Circuit Court. In his writ, Layne, a 4-year veteran with the Department, alleged LeMaster did not provide him a pre-disciplinary hearing before firing him in May prior to going on trial on allegations he sexually abused a woman on July 31, 2010, while on duty.

According to his writ, Layne was indicted on two counts of first-degree sexual abuse last October. Following the indictment, LeMaster, a Democrat who was elected sheriff in 2008 after serving 31 years as a deputy, including seven as chief deputy, placed Layne on administrative duty.

Six months later, LeMaster notified Layne he would need “to submit to an interrogation and a polygraph examination … scheduled for May 10, 2011.” However, on May 1, Layne notified LeMaster that he was asserting his “Garrity Rights” in refusing to submit to the interrogation and polygraph exam unless Berkeley County Prosecutor Pamela Jean Games-Neeley, who was handling Layne’s case personally, agreed not to use anything against him at trial.

According to his writ, Layne was informed the next day
Games-Neely was refusing to grant him a waiver of immunity. When Layne again refused to speak with investigators, and submit to a polygraph, LeMaster fired him for insubordination.

Following his termination, Layne on May 3 requested a pre-disciplinary hearing. When LeMaster didn’t respond by May 12, Layne made a second hearing request.

The next day, LeMaster responded to the second request setting May 19 as the hearing date. In his response, LeMaster gave Layne the option to continue the hearing.

According to his writ, Layne on May 16 made a request for a continuance. When LeMaster did not respond, Layne still showed for the previously scheduled May 19 hearing.

However, neither LeMaster nor any of the panel members showed for the hearing. The next day, Layne received a letter from LeMaster’s attorney saying “the Sheriff is under no obligation to have provided a predisciplinary hearing for Deputy Layne. Therefore, the Sheriff declines to provide such a hearing.”

Eventually, Layne would go on trial on the sexual abuse charges on Aug. 23. He was acquitted four days later.

In his writ, Layne asks that he be rehired as a deputy sheriff, restore all the pay and benefits he lost since May 2 and award him court costs and attorney fees. The 2009 Burgess decision is among the cases he cites in support of his rehiring.

He is represented by Barry Beck with the Martinsburg law firm of Power, Beck and Matzureff. The case is currently assigned to Judge Gina Groh.

Earlier this month, the Senate Judiciary Committee by a voice-vote approved a recommendation by President Barak Obama that Groh, and four others, be appointed as U.S. District judges. Their appointments await confirmation by the full Senate.

The Layne case is one of two pending cases in circuit court in which the Dodson decision could play a role in deciding the outcome. The other is in Mason County.

A month before the Court’s decision in Dodson, former Mason County Deputy Sheriff Robert Glenn appealed the county’s Civil Service Commission’s decision upholding his firing by Sheriff David Anthony. In his appeal, Glenn alleges Anthony, who like Shirley and LeMaster is a Democrat in his first term of office, failed to provide him a pre-disciplinary hearing after he was accused in March of making an inappropriate remark about a female student’s T-shirt while working at Hannan High School as its school resource officer.

In his appeal, Glenn maintains while he request a pre-disciplinary hearing from Anthony, he did not give him one since he had yet to get it approved. He, too, cites Burgess v. Moore as grounds for his rehiring.

A hearing in his case is scheduled for Dec. 12.

Berkeley Circuit Court case number 11-C-794 (Layne writ of mandamus); West Virginia Supreme Court of Appeals case number 35699 (Dodson administrative appeal); Mason Circuit Court case number 11-AA-95 (Glenn administrative appeal)

Santa Barbara

MARTINSBURG – A Martinsburg lawyer was arraigned Oct. 19 on six counts based on allegations that he held about 40 people at gunpoint.

Michael Shawn Santa Barbara was accused of holding a group of people at a party at gunpoint. He was charged with five counts of brandishing a deadly weapon and one count of battery.

Santa Barbara was later released on a $3,000 personal recognizance bond. He is also accused of striking a woman in the face and told police he arrived at the boat dock armed and ordered the partygoers underneath the pavilion because he was surrounded and was afraid he might be jumped, according to a report by The Martinsburg Journal.

Santa Barbara allegedly told police he went to the party because people in the neighborhood were upset about the noise. He claimed that he went to the boat dock to get everyone to leave.

If convicted, Santa Barbara faces a $50 to $100 fine and/or 90 days to one year in jail on each of the five counts of brandishing a weapon. He also faces a fine of up to $500 and/or up to one year in jail if convicted of battery.

Sept. 28
Yoder Barns & Storage vs. American Amish Co.
PA – Christopher Moore; J – Wilkes
* The plaintiff claims the defendant owes at least $51,923.37 plus interest after breaching a contract from Sept. 29, 2009.
Case number: 11-C-814

Sept. 30
Sherry Marken Brindle vs. Sheetz Inc.
PA – Paul Taylor; J – Silver
* The plaintiff claims the defendant was negligent and failed to maintain the entrance of its store on Apple Harvest Drive in Martinsburg when she was a customer on Oct. 7, 2009, causing her to trip on a floor mat and break her hip. She is seeking an amount of relief to be determined at trial.
Case number: 11-C-825

Oct. 7
Branch Banking & Trust Co. vs. Thomas Hunley
PA – Christopher Moore; J – Silver
* The bank claims Hunley owes at least $50,357.78 plus interest after breaching a contract from Dec. 22, 2006.
Case number: 11-C-846

Oct. 12
Mary V. Leps vs. City Hospital Inc. and WVUH-East Services Inc.
PA – Gregory Bailey; J – Wilkes
* The plaintiff claims the defendants were negligent and failed to maintain the hospital’s hallway floor near the radiology department in a safe, hazard-free manner, causing her to fall on a crack and bulge in the floor on Oct. 17, 2009. She suffered severe and permanent injuries because of the fall, and she is seeking an undetermined amount of relief.
Case number: 11-C-868

Oct. 14
City National Bank of West Virginia vs. David H. McKinney Jr. and Kelli Ann McKinney
PA – Christopher Moore; J – Wilkes
* The bank claims the defendants owe at least $40,390.80 plus interest after failing to meet the terms of a contract from Aug. 5, 2005.
Case number: 11-C-880

Oct. 25
CNB Bank Inc. vs. Brian S. Waugh
PA – Charles Trump IV; J – Silver
* The bank claims Waugh defaulted on the terms of two promissory notes and now owes a total of at least $32,928.83 plus interest. The plaintiff is seeking that amount plus other relief.
Case number: 11-C-897

Oct. 26
Howard Dean Keller vs. Troy W. Erickson
PA – Kathy Santa Barbara; J – Silver
* The plaintiff claims Erickson failed to meet the terms of a promissory note from Nov. 6, 2007, and now owes at least $120,521.89 plus interest after proceeds from a foreclosure sale on Jan. 6, 2001, were applied to the debt.
Case number: 11-C-903

Centra Bank Inc. vs. David J. Sibole and Lori A. Sibole
PA – Jared Adams: J – Silver
* The bank claims the defendants defaulted on the terms of a contract from Dec. 16, 2005, and now owe at least $79,363.50 plus interest.
Case number: 11-C-906

Oct. 28
Bank of America NA vs. Shirley Mason
PA – Paul Atkins; J – Groh
* The bank claims the defendant owes at least $54,068.88 plus interest on a past-due account.
Case number: 11-C-908