The Docket: Circuit Court Roundup 7.12.10


City of Richmond

Commonwealth of Va ex rel. T/A Virginia Small Business v. Timothy S. Hopkins: Confessed Judgment
Plaintiff claims defendant, who is president of Magnox Acquisition, Inc., a Virginia corporation defaulted on a promissory note. Plaintiff asked for $500,000.
06/30/2010  ,  CL10002783

Parmender Singh Sandhu And Tera Inc. v. Colonial Ford Truck Sales, Inc. And Robert Mallory: Gross Negligence
Plaintiff states that he took his tractor trailer, owned by Tera Inc., to the defendant’s place of business that was licensed to perform Virginia State Police Inspections on tractor trailer vehicles. Plaintiff claims that his vehicle passed the inspection and shortly after it passed, he lost control of his steering while operating vehicle. Plaintiff further claims that the upper drag link ball joint became separated in the steering assembly preventing him from steering the front wheels left or right. Plaintiff states he ran into an embankment  trapping him in his vehicle for two hours and was physically injured. Plaintiff is asking for compensatory damages to Tera, Inc. for $100,000. Plaintiff is asking for compensatory damages of $500,000 and punitive damages of $350, 000 for himself.
06/25/2010  ,   CL10002812
Vicky A. Lindsey v. Highwoods Realty Limited Partnership & HLRP NC VA, L.P., And Highwoods Properties, Inc., And John Doe: Negligence
A real estate agency wholly owned by the plaintiff, entered into a  sublease agreement with Resource Mortgage Inc., now Fulton Financial Corporation with written consent  of Highwoods to lease office space. Plaintiff states she started noticing a gaseous odor near where her office space was located and over the course of a certain time, plaintiff started seeing dead insects inside the building located on the first floor and started having physical problems. Plaintiff took samples of the dead insects and had them laboratory tested. The laboratory tests confirmed that there was a presence of the organo phosphate herbicide merphos a/k/a S,S,S tributyl phosphorotrithioite in the hallway baseboard samples. The active ingredient of products containing merphos was canceled by the United States  EPA and banned legally for sale and use as a pesticide in the United States in 1991.Plaintiff Claims the chain of custody was maintained for the laboratory testing and is asking for $4 million.
06/24/2010  ,  CL10002813

Standard Building Systems, LLC v. Octain Kim Development, LLC: Breach of Contract
Plaintiff claims construction work consisting of labor and materials was performed under a contract for the defendant and the defendant has defaulted on full payment. Plaintiff is seeking a remaining balance of $16,300.
06/25/2010  , CL10002822

Standard Building Systems, LLC v. S4B, Inc.: Breach of Contract
Plaintiff claims the construction contract bill owed by the defendant was only partially paid and is asking for the balance due of $17,354.
06/25/2010  ,  CL10002823

Leland Woodcock v. Wachovia Bank National Association Corporation Service Company And Security Buildings, Inc. T/A Security Corp And Diebold Incorporated: Negligence Causing Bodily Injury
Plaintiff states that the defendants failed to maintain, inspect and operate the outdoor deposit machine causing the machine to mutilate the arm and the hand of the plaintiff. Plaintiff is demanding a judgment of 1,250,000.
06/25/2010  ,  CL10002833

PM Terminals, Inc. Development, Inc., L.C. And Charles A. Morrison: Default
Plaintiff entered into a motor fuel sales and equipment loan agreement and also an unconditional personal guarantee with the defendant.  The defendant defaulted and the plaintiff is asking for a judgment for $54,545.19
06/25/2010  ,  CL10002837

Commonwealth of Virginia ex rel. Virginia Commonwealth University Health System Authority D/B/A Medical College of Virginia Hospitals And David A. Von Moll, Controller v. Merl John Bell, 111 : Judgment
Plaintiff claims the defendant still owes for medical and related services. Plaintiff is seeking $23,096.30.
06/25/2010  ,  CL10002841

County of Chesterfield

Commonwealth Transportation v. Harold W. Anderson, Jr.  And Shirley A. Anderson: Condemnation
Plaintiff is asking to condemn 0.270 acre and 0.13 acre., more or less, of land owned by the defendants.
06/24/2010  ,  CL10001753

Village Bank, successor by merger to River City Bank v. Reginald R. Epps And Epps Investment Corporation: Confessed Judgment
Plaintiff claims the defendants defaulted on two notes. Plaintiff sought the balances owed of  $422,702 and $139,043.10.
06/29/2010  ,  CL10001792

Virginia Marble Manufacturers, Inc. v. Glenda J. Farmer And Donald R. Farmer: Breach of Contract
Plaintiff states their company sold marble products to the defendants and is seeking $82,265.9
06/30/2010  ,  CL10001831

C & W – Tesco, Inc. v. Town & Country Mechanical, L.L.C. And Ronald Hartzheim And Oscar Ozfidan: Breach of Contract

Plaintiff wants an award of  judgment for the remaining balance of $7,100 owed by Ronald Hartzheim and Oscar Ozfidan; members of Town & Country. Plaintiff is seeking an appointment of receiver to administer the disposition of funds for Town & Country.
07/06/2010  ,  CL10001860

Patrick Real, a minor, by his mother and next best friend Wendy Real v. Wendy A. Broocher, M.D. And Virginia Physicians For Women, LTD: Transfer of Venue
Plaintiffs states that they and the defendant are not subject to venue in the City of Richmond (case # CL10001564) because the cause of action did not rise there. Defendants prenatal care and the delivery and  birth of her son occurred in Chesterfield County. Plaintiffs claim that their offices are not located in the City of Richmond, their registered agent is located in Chesterfield County and is seeking a consent order to transfer this case to Chesterfield County Courts.
07/06/2010  ,  CL10001862

County of Henrico

Martha T. Mosby v. Minnie Mosby, Incapacitated And Beneficial Mortgage Co. of Virginia, Commonwealth property Corporation, Substitute Trustee, Suntrust Bank, Bon Secours St. Marys Hospital Incorporated D/B/A St. Marys Family Medical Center, et als: Partition
Plaintiff states that Rosa Jackson Mosby is deceased and as heirs of her estate, she owns a 7/8 fee simple undivided interest and Minnie Mosby owns a 1/8 fee simple undivided interest in the real property containing 2 and 1/5 acres of land shown as Lot 2 (L/E .98 and .119 ac.). Plaintiff claims that she nor Minnie Mosby are interested in buying each other out and are, in essence, co- partners in their ownership.  Plaintiff states there are liens such as possible judgments and a loan on the real property. Plaintiff is seeking the court to force a partition.
06/30/2010  ,  CL10001895

Minnesota Lawyers Insurance Company v. Anthony L. Balthrop and Ferguson Development Group, LLC: Breach of Contract

Plaintiff states the defendants defaulted on a loan and is asking for $506,501.81, jointly and severally and is seeking punitive damages of $350,000.
06/30/2010  ,  CL10001896

Franklin Federal Savings Bank F/K/A Franklin Federal Savings & Loan Association of Richmond v. Steve Thompson, Builder LLC, A/K/A Steve Thompson Builder, LLC And Steven E. Thompson A/K/A Steve Thompson: Default

Plaintiff claims the defendant defaulted on a promissory note and acknowledged this default when he asked for two loan modification agreements. Defendant decided to convey certain real property in Lieu of Foreclosure. Defendant defaulted on the two loan modification agreements. Plaintiff is seeking a judgment of  $149,581.30.
06/30/2010  ,  CL10001900

County of Henrico to The Henrico County Sheriff’s Office: Petition

Wants an unclaimed body  from a deceased male who passed away June 15 disposed of at a cost of no more than $625.
07/01/2010  ,  CL10001901

Oakmeade Partners L.L.C. V. Timothy Hardy: General District Appeal
07/02/2010  ,  CL10001916

Philip Morris USA Inc. v. ESS Technologies, Inc.

Plaintiff states their company manufactures tobacco products and the defendant is a designer and manufacturer of packaging machinery and robotics for the primary and secondary packaging, among other things, of consumer products. Plaintiff states that their orders to the defendant contained a “time of the essence” clause in delivery of all goods and performances of services. All orders also contained an “indemnification clause” that the plaintiff states if the defendant fails to deliver any goods in a timely manner, as contracted and agreed too, than the defendant is liable. Plaintiff is asking for $600,801.66.
07/02/1010  ,  CL10001921

Apex Systems Inc. v. Leonard Skaggs: Injunction
Plaintiff states the defendant was an employee of the plaintiff as an Account Manager and now resides in South Carolina. Plaintiff wants an injunction to force the defendant to return to the plaintiff all its confidential proprietary information in his possession, custody and or control, enjoins the defendant by using Apex confidentiality information on trade secrets and enjoins the defendant from working for CSI Tec or any other competitor for 18 months from the date of this date. Plaintiff wants monetary damages in an amount to be proved at trial to compensate for Apex’s loss caused by defendant breaking their agreement.
07/02/2010  ,  CL10001922

Specific cases are available to BizSense readers. There is an extra free.


City of Richmond

Commonwealth of Va ex rel. T/A Virginia Small Business v. Timothy S. Hopkins: Confessed Judgment
Plaintiff claims defendant, who is president of Magnox Acquisition, Inc., a Virginia corporation defaulted on a promissory note. Plaintiff asked for $500,000.
06/30/2010  ,  CL10002783

Parmender Singh Sandhu And Tera Inc. v. Colonial Ford Truck Sales, Inc. And Robert Mallory: Gross Negligence
Plaintiff states that he took his tractor trailer, owned by Tera Inc., to the defendant’s place of business that was licensed to perform Virginia State Police Inspections on tractor trailer vehicles. Plaintiff claims that his vehicle passed the inspection and shortly after it passed, he lost control of his steering while operating vehicle. Plaintiff further claims that the upper drag link ball joint became separated in the steering assembly preventing him from steering the front wheels left or right. Plaintiff states he ran into an embankment  trapping him in his vehicle for two hours and was physically injured. Plaintiff is asking for compensatory damages to Tera, Inc. for $100,000. Plaintiff is asking for compensatory damages of $500,000 and punitive damages of $350, 000 for himself.
06/25/2010  ,   CL10002812
Vicky A. Lindsey v. Highwoods Realty Limited Partnership & HLRP NC VA, L.P., And Highwoods Properties, Inc., And John Doe: Negligence
A real estate agency wholly owned by the plaintiff, entered into a  sublease agreement with Resource Mortgage Inc., now Fulton Financial Corporation with written consent  of Highwoods to lease office space. Plaintiff states she started noticing a gaseous odor near where her office space was located and over the course of a certain time, plaintiff started seeing dead insects inside the building located on the first floor and started having physical problems. Plaintiff took samples of the dead insects and had them laboratory tested. The laboratory tests confirmed that there was a presence of the organo phosphate herbicide merphos a/k/a S,S,S tributyl phosphorotrithioite in the hallway baseboard samples. The active ingredient of products containing merphos was canceled by the United States  EPA and banned legally for sale and use as a pesticide in the United States in 1991.Plaintiff Claims the chain of custody was maintained for the laboratory testing and is asking for $4 million.
06/24/2010  ,  CL10002813

Standard Building Systems, LLC v. Octain Kim Development, LLC: Breach of Contract
Plaintiff claims construction work consisting of labor and materials was performed under a contract for the defendant and the defendant has defaulted on full payment. Plaintiff is seeking a remaining balance of $16,300.
06/25/2010  , CL10002822

Standard Building Systems, LLC v. S4B, Inc.: Breach of Contract
Plaintiff claims the construction contract bill owed by the defendant was only partially paid and is asking for the balance due of $17,354.
06/25/2010  ,  CL10002823

Leland Woodcock v. Wachovia Bank National Association Corporation Service Company And Security Buildings, Inc. T/A Security Corp And Diebold Incorporated: Negligence Causing Bodily Injury
Plaintiff states that the defendants failed to maintain, inspect and operate the outdoor deposit machine causing the machine to mutilate the arm and the hand of the plaintiff. Plaintiff is demanding a judgment of 1,250,000.
06/25/2010  ,  CL10002833

PM Terminals, Inc. Development, Inc., L.C. And Charles A. Morrison: Default
Plaintiff entered into a motor fuel sales and equipment loan agreement and also an unconditional personal guarantee with the defendant.  The defendant defaulted and the plaintiff is asking for a judgment for $54,545.19
06/25/2010  ,  CL10002837

Commonwealth of Virginia ex rel. Virginia Commonwealth University Health System Authority D/B/A Medical College of Virginia Hospitals And David A. Von Moll, Controller v. Merl John Bell, 111 : Judgment
Plaintiff claims the defendant still owes for medical and related services. Plaintiff is seeking $23,096.30.
06/25/2010  ,  CL10002841

County of Chesterfield

Commonwealth Transportation v. Harold W. Anderson, Jr.  And Shirley A. Anderson: Condemnation
Plaintiff is asking to condemn 0.270 acre and 0.13 acre., more or less, of land owned by the defendants.
06/24/2010  ,  CL10001753

Village Bank, successor by merger to River City Bank v. Reginald R. Epps And Epps Investment Corporation: Confessed Judgment
Plaintiff claims the defendants defaulted on two notes. Plaintiff sought the balances owed of  $422,702 and $139,043.10.
06/29/2010  ,  CL10001792

Virginia Marble Manufacturers, Inc. v. Glenda J. Farmer And Donald R. Farmer: Breach of Contract
Plaintiff states their company sold marble products to the defendants and is seeking $82,265.9
06/30/2010  ,  CL10001831

C & W – Tesco, Inc. v. Town & Country Mechanical, L.L.C. And Ronald Hartzheim And Oscar Ozfidan: Breach of Contract

Plaintiff wants an award of  judgment for the remaining balance of $7,100 owed by Ronald Hartzheim and Oscar Ozfidan; members of Town & Country. Plaintiff is seeking an appointment of receiver to administer the disposition of funds for Town & Country.
07/06/2010  ,  CL10001860

Patrick Real, a minor, by his mother and next best friend Wendy Real v. Wendy A. Broocher, M.D. And Virginia Physicians For Women, LTD: Transfer of Venue
Plaintiffs states that they and the defendant are not subject to venue in the City of Richmond (case # CL10001564) because the cause of action did not rise there. Defendants prenatal care and the delivery and  birth of her son occurred in Chesterfield County. Plaintiffs claim that their offices are not located in the City of Richmond, their registered agent is located in Chesterfield County and is seeking a consent order to transfer this case to Chesterfield County Courts.
07/06/2010  ,  CL10001862

County of Henrico

Martha T. Mosby v. Minnie Mosby, Incapacitated And Beneficial Mortgage Co. of Virginia, Commonwealth property Corporation, Substitute Trustee, Suntrust Bank, Bon Secours St. Marys Hospital Incorporated D/B/A St. Marys Family Medical Center, et als: Partition
Plaintiff states that Rosa Jackson Mosby is deceased and as heirs of her estate, she owns a 7/8 fee simple undivided interest and Minnie Mosby owns a 1/8 fee simple undivided interest in the real property containing 2 and 1/5 acres of land shown as Lot 2 (L/E .98 and .119 ac.). Plaintiff claims that she nor Minnie Mosby are interested in buying each other out and are, in essence, co- partners in their ownership.  Plaintiff states there are liens such as possible judgments and a loan on the real property. Plaintiff is seeking the court to force a partition.
06/30/2010  ,  CL10001895

Minnesota Lawyers Insurance Company v. Anthony L. Balthrop and Ferguson Development Group, LLC: Breach of Contract

Plaintiff states the defendants defaulted on a loan and is asking for $506,501.81, jointly and severally and is seeking punitive damages of $350,000.
06/30/2010  ,  CL10001896

Franklin Federal Savings Bank F/K/A Franklin Federal Savings & Loan Association of Richmond v. Steve Thompson, Builder LLC, A/K/A Steve Thompson Builder, LLC And Steven E. Thompson A/K/A Steve Thompson: Default

Plaintiff claims the defendant defaulted on a promissory note and acknowledged this default when he asked for two loan modification agreements. Defendant decided to convey certain real property in Lieu of Foreclosure. Defendant defaulted on the two loan modification agreements. Plaintiff is seeking a judgment of  $149,581.30.
06/30/2010  ,  CL10001900

County of Henrico to The Henrico County Sheriff’s Office: Petition

Wants an unclaimed body  from a deceased male who passed away June 15 disposed of at a cost of no more than $625.
07/01/2010  ,  CL10001901

Oakmeade Partners L.L.C. V. Timothy Hardy: General District Appeal
07/02/2010  ,  CL10001916

Philip Morris USA Inc. v. ESS Technologies, Inc.

Plaintiff states their company manufactures tobacco products and the defendant is a designer and manufacturer of packaging machinery and robotics for the primary and secondary packaging, among other things, of consumer products. Plaintiff states that their orders to the defendant contained a “time of the essence” clause in delivery of all goods and performances of services. All orders also contained an “indemnification clause” that the plaintiff states if the defendant fails to deliver any goods in a timely manner, as contracted and agreed too, than the defendant is liable. Plaintiff is asking for $600,801.66.
07/02/1010  ,  CL10001921

Apex Systems Inc. v. Leonard Skaggs: Injunction
Plaintiff states the defendant was an employee of the plaintiff as an Account Manager and now resides in South Carolina. Plaintiff wants an injunction to force the defendant to return to the plaintiff all its confidential proprietary information in his possession, custody and or control, enjoins the defendant by using Apex confidentiality information on trade secrets and enjoins the defendant from working for CSI Tec or any other competitor for 18 months from the date of this date. Plaintiff wants monetary damages in an amount to be proved at trial to compensate for Apex’s loss caused by defendant breaking their agreement.
07/02/2010  ,  CL10001922

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