The Docket: Circuit Court Roundup for 9.13.10


City of Richmond

Askshay V. Dave v. Pikeville Energy Group, LLC And Gary J. Richard And Banner Industries Of N.E., Inc., d/b/a Banner Industries, Inc. And Banner Industries: Fraud, Breach of Contract and Violation of the Securities Act.
Plaintiff claims he was cheated out of an $800,000 investment in a supposed coal company and wants among other things $2 million. You can read a full RBS story on it here.
Lawyer: Andrew P. Sherrod from Hirschler Fleischer
08/13/2010  ,  CL10003530

Rostormel Financial Services, LLC v. Justin J. French And Church Hill Properties, LC And 614-620 North 28th Street, LLC: Default
Plaintiff wants $950,000 and $483,731.64 on defaults from Church Hill Properties, LC and Justin G. French. Plaintiff also wants $483,731.64 from 28LLC and Justin G. French.
Lawyer: Samuel J. Kaufman from Owens & Owens
08/18/2010  ,  CL10003577

May Cheung v. Thomas W. Atterholt And Godfrey Transport, Inc.: Personal Injury
Plaintiff claims she was stopped with her bicycle at a clearly marked crosswalk, with the traffic signal and the right of way when the defendant driving the company tractor trailer did not yield her right of way, had a collision with her and ran over her. Plaintiff wants $800,000.
08/19/2010  ,  CL10003603

Eugene Jefferson And Dorice Jefferson, Administrator Of The Estate Of Antoine Darrell Jefferson, Deceased; MCV Associated Physicians , a/k/a MCV Physicians & Senior Health Center, P.C. And Care Advantage, Inc., d/b/a Nurse Advantage And Douglas S. Franzen, M.D. And Stanley N. Furman, M.D. And C.T. Woody, Jr., Sheriff, The City Of Richmond And Cheryl K. Robinson And Robert A. Cushionberry And Kimberly Waldrop, LPN: Negligent Treatment
Plaintiffs claim that their son, who suffered from an endocrine medical problem called neurosarcoidosis that can cause mental disorientation, effectively treated with prednisone, was treated by the defendants with a conscious disregard for the rights of others and died. Plaintiffs seek $10,000,000 in compensatory damages and $350,000 in punitive damages.
08/20/2010  ,  CL10003616

Terry O’Boyle v. Larry Clark And Richmond Metropolitan Authority: Personal Injury and Wrongful Termination
Plaintiff states the defendant and she were employees of the RMA and claims the defendant, Larry Clark, attacked her by choking her in the work place. Plaintiff claims she was fired because she allegedly talked with independent contractors of RMA to see if they were close to the defendant’s office and heard or saw anything when she was attacked.
Lawyer: Rose A. Palmer
08/23/2010  ,  CL10003621

Suntrust Bank v. the Bailey Timber Corporation And Timothy Ray Bell: Default
Plaintiff claims the defendants defaulted on a credit line and wants $48,984.63 and attorney fees in the amount of $7,167.86
Lawyer: Spotts Fain
08/23/2010  ,  CL10003627

Spotts Fain Consulting LC; Amanda B. Gallagher Crouch, Esq. of Spotts Fain PC v. Cintra Developments, LLC: Default
Plaintiff claims their company provided consulting services to the defendant and has an outstanding balance. Plaintiff wants $20,987.77
08/23/2010  ,  CL10003634

Lynn Financial Services, Inc. d/b/a Bancorp Manifest Funding Services v. Optimal Technologies International, Inc. d/b/a 1st Empire Financial: Default
Plaintiff claims the defendant defaulted on an agreement and is seeking $24,028.85 and $6,007.21 in attorney fees.
Lawyer: Stephen A. Angelidas of Steingold & Angelidis
08/23/2010  ,  CL10003637

Lynn Financial Services, Inc, d/b/a Bancorp Manifest Funding Services; Stephen v. Tru Cut Machine & Welding, Inc. And Wayne Douglas Aubel And Sara Kay McFall-Aubel: Default
Plaintiff states that they provide funding for equipment lease and purchase agreements.  Plaintiff claims the defendants entered into a lease agreement and still owes $42,575.03 and attorney fees in the amount of $10,643.75
Lawyer: A. Angelidis, Esq. of Steingold & Angelidis PLC
08/24/2010  ,  CL10003648

Edward Cunningham v. Wal-Mart Stores East, LP, And Wal-Mart-Stores, Inc. And Wal-Mart, Joe Mansell And Ben, a Wal-Mart People Greeter And John Doe: Slip and Fall
Plaintiff claims he stepped into the store and fell on water that had a granular substance in it. Plaintiff wants $750,000.
Lawyer: M. Scott Bucci, Esq. of Bucci & Dix
08/24/2010  ,  CL10003653

Barbara W. Bullard, Administrator of The Estate of Gertrude Kay Rice, Deceased; William B. Kilduff, Esq. of Emroch & Kilduff, LLP v. Ashley Corporation And St. John’s United Church Of Christ: Personal Injury Causing Death

Plaintiff claims the defendant used the defendant’s elevator and was injured which eventually caused death. Plaintiff wants $5,000,000.
08/25/2010  ,  CL10003663

Leipertz Construction , Inc. v. Doyle Restaurant Group: Breach of Contract

Plaintiff claims the defendant breached their contract and still owes. Plaintiff wants $261,362.66.
Lawyer: Mark C. Nanavati of Sinnott Nuckels & Logan
09/01/2010  ,  CL10003735

Timothy J. Gartner v. Cedar Fair Southwest, Inc. t/a Paramount King’s Dominion: Personal Injury

Plaintiff claims the defendant  negligently operated a roller coaster and  was injured. Plaintiff is seeking $250,000.
Lawyer: Irving M. Blank of ParisBlank
09/02/2010  ,  CL10003746

Walter Morales v. Rodolfo Arrazola And R & N Trucking, LLC: Falsely Accused
Plaintiff claims he was falsely accused of theft by the defendant in Maryland who initiated criminal charges and was the cause of him being arrested in Virginia. Plaintiff wants $200,000 in compensatory damages and $50,000 in punitive damages.
Lawyer: Joseph F. Grove
09/02/2010  ,  CL10003747

Oumar Toure v. Uduak James Ubom And Ubom Law Group, PLLC: Legal Malpractice

Plaintiff claims that the defendant failed to advise him that he had a cause of action against his employer and others for assault, false imprisonment and negligent retention because of a known violent employee. Instead, the plaintiff claims the defendant encouraged him to file a discrimination law suit with the Equal Employment Opportunity Commission. Plaintiff wants $150,000 in compensatory damages and $50,000 in punitive damages.
Lawyer: Joseph F. Grove
09/02/2010  ,  CL10003748

Patrick A. Hohn v. CSX Transportation, Inc.: Personal Injury
Plaintiff was an employee of the defendant’s as an engineer in a train. Plaintiff was riding a train when the train violently collided with a vehicle that was stuck on the track and was injured. Plaintiff claims that CSX had no signs at the crossing way warning drivers that they were on CSX property. Plaintiff wants 5,000,000.
Lawyer: Richard N. Shapiro of Shapiro, Cooper, Lewis & Appleton
09/02/2010  ,  CL10003749

Chesterfield County

Federal National Mortgage Association v. Jonathon W. Siok  And John/ Jane Doe Occupant: Lawful Eviction
Plaintiff claims their company is the owner of 6908 Deer Thicket Drive in Midlothian as evidenced by a foreclosure deed. Plaintiff claims the defendants will not leave and is asking the Court to order them to vacate the premises immediately.
Lawyer: E. Edward Farnsworth, Jr., Esq. of Shapiro & Burson, LLP
08/31/2010  ,  CL10002426

Phillip Bottoms, Gertrude Bottoms, Benjamin Bottoms, Kitty Bottoms, Mary Bottoms And Lisa Craig v. Isacc Chanco Custalow, Sr. And Morrissett Funeral Home: Injunction

Plaintiffs wanted a temporary injunction from the defendants to stop the cremation of Paula Bottoms Custalow. The Court ordered that the cremation may go forward, but the funeral home is to retain possession of the remains until September 30, subject to a further court order and that this case will be continued until September 20 when a full hearing on the matter will be held.
Lawyer: Ryan T. Spetz of Gordon, Dodson, Gordon & Rowlett
09/02/2010  ,  CL10002448

The County Of Chesterfield, Virginia; James W. Elliot, p.q. v. Pocoshock, LTD And Charles E. Ayers, Jr., Trustee And Resolution Trust Corporation And Steven R. Bowman: Forced Sale- Delinquent Taxes

Plaintiff claims the defendants owe approximately two years back taxes and wants the real property sold to pay these delinquent taxes.
09/02/2010  ,  CL10002449

Bank Of America, N.A., Ronald J. Guillot, Jr. Esq. of Samuel I. White, P.C. v. Tremayne L. Albert And Cassandra M. Albert And Lenard E. Walker And PRLAP, Inc., Trustee: Deed of Trust Correction

Plaintiff wants the Court to add Cassandra M. Albert as grantor to a deed of trust.  Plaintiff claims she was omitted in error.
09/08/2010  ,  CL10002489

Henrico County

DurretteBradshaw P.C. v. L.A. Pipeline Construction Company, Inc.: Default
Plaintiff claims their company provided professional services to the defendant and the remaining balance has not been paid. Plaintiff wants $32,859.26.
Lawyer: Peter E. Broadbent, III of DurretteBradshaw
09/01/2010  ,  CL10002516

Mark Williams And Amy Williams And Matthew Williams, a minor by his next friend, Mark Williams v. Morgan Swim School, Inc. And Robert Morgan And Kerin Morgan: Private Nuisance and Public Noise
Plaintiffs state the defendants live adjacent to them. Plaintiffs claim the defendants have disrupted their lives due to their excessive noise from operating a swimming school and having parties in their neighborhood.  Also, plaintiffs claim that at times there are twenty cars parked in front of the defendants’ house. Plaintiffs state that they have already called the Henrico Police Department and contacted the County Zoning Committee. Plaintiffs are seeking $100,000.
Lawyer: Mathew A. Taylor, of Cherry, Seymour, Hundley & Baronian
09/02/2010  ,  CL10002520

MKIS Enterprises, LLC, A Virginia limited liability company; E. Thomas Rilee, III, Esq. of E. Thomas Riley, III P.C. v. Amp Ventures III, LLC, A Virginia limited liability company And Chicago Title Insurance Company, A Nebraska corporation, Escrow Agent: Declaratory Judgment
Plaintiff claims he is immediately entitled to disbursements from an escrow account established with him when he purchased certain real property. Plaintiff wants $3,000 per month.
09/01/2010  ,  CL10002523

Prudential Assigned Settlement Services Corporation; Structured Settlement Obligor/Annuity Owner; Brenna K. Newman, Esq. of Troutman Sanders LLP v. Prudential Insurance Company of America; Annuity Issuer: Petition For Assignment Of Transfer Of Structured Settlement Payment Rights

Albert McIlwaine a/k/a Albert Lee Mcilwaine a/ka Albert Lee McIlwaine, as payee, receives $1,113.00 per month  from 2010 through part of 2035 for a structured settlement and wants to transfer his rights to Novation Capitol, LLC for a lump sum of $98,728.00. Plaintiff is asking the Court to approve this agreement.
09/02/2010  ,  CL10002524

James Baldwin And Laurie Baldwin v. Market Partners, Inc. And Vince Naughton And Net Search Direct LLC: Dissolution and Partition of LLC
Plaintiffs state they are co-members of Net Search. Plaintiffs claim that Net Search, with out cause and prior notice, have refused to honor their obligations as being co-members. Plaintiffs want the Court to appoint a commissioner to determine their fair and equitable amount they should receive in return for their membership interest; including dissolution of the company.
Lawyer: David R. Simonsen
09/03/2010  ,  CL10002535

Ivy Ventures, LLC v. Myra Lynn T. Marcelo: Breach of Contract

Plaintiff claims the defendant breached her contract and fiduciary duty owed them as the defendant’s former employer as a community educator. That the defendant had an obligation to uphold the plaintiff’s non-disclosure of confidential information and want the Court to immediately restrain the defendant from any further wrongful conduct and monetary relief for as the Court deems fair.
Lawyer: Charles G. Meyer of LeClairRyan
09/07/2010  ,  CL10002539`

Specific cases are available for an additional fee. Please send inquiries to [email protected].


City of Richmond

Askshay V. Dave v. Pikeville Energy Group, LLC And Gary J. Richard And Banner Industries Of N.E., Inc., d/b/a Banner Industries, Inc. And Banner Industries: Fraud, Breach of Contract and Violation of the Securities Act.
Plaintiff claims he was cheated out of an $800,000 investment in a supposed coal company and wants among other things $2 million. You can read a full RBS story on it here.
Lawyer: Andrew P. Sherrod from Hirschler Fleischer
08/13/2010  ,  CL10003530

Rostormel Financial Services, LLC v. Justin J. French And Church Hill Properties, LC And 614-620 North 28th Street, LLC: Default
Plaintiff wants $950,000 and $483,731.64 on defaults from Church Hill Properties, LC and Justin G. French. Plaintiff also wants $483,731.64 from 28LLC and Justin G. French.
Lawyer: Samuel J. Kaufman from Owens & Owens
08/18/2010  ,  CL10003577

May Cheung v. Thomas W. Atterholt And Godfrey Transport, Inc.: Personal Injury
Plaintiff claims she was stopped with her bicycle at a clearly marked crosswalk, with the traffic signal and the right of way when the defendant driving the company tractor trailer did not yield her right of way, had a collision with her and ran over her. Plaintiff wants $800,000.
08/19/2010  ,  CL10003603

Eugene Jefferson And Dorice Jefferson, Administrator Of The Estate Of Antoine Darrell Jefferson, Deceased; MCV Associated Physicians , a/k/a MCV Physicians & Senior Health Center, P.C. And Care Advantage, Inc., d/b/a Nurse Advantage And Douglas S. Franzen, M.D. And Stanley N. Furman, M.D. And C.T. Woody, Jr., Sheriff, The City Of Richmond And Cheryl K. Robinson And Robert A. Cushionberry And Kimberly Waldrop, LPN: Negligent Treatment
Plaintiffs claim that their son, who suffered from an endocrine medical problem called neurosarcoidosis that can cause mental disorientation, effectively treated with prednisone, was treated by the defendants with a conscious disregard for the rights of others and died. Plaintiffs seek $10,000,000 in compensatory damages and $350,000 in punitive damages.
08/20/2010  ,  CL10003616

Terry O’Boyle v. Larry Clark And Richmond Metropolitan Authority: Personal Injury and Wrongful Termination
Plaintiff states the defendant and she were employees of the RMA and claims the defendant, Larry Clark, attacked her by choking her in the work place. Plaintiff claims she was fired because she allegedly talked with independent contractors of RMA to see if they were close to the defendant’s office and heard or saw anything when she was attacked.
Lawyer: Rose A. Palmer
08/23/2010  ,  CL10003621

Suntrust Bank v. the Bailey Timber Corporation And Timothy Ray Bell: Default
Plaintiff claims the defendants defaulted on a credit line and wants $48,984.63 and attorney fees in the amount of $7,167.86
Lawyer: Spotts Fain
08/23/2010  ,  CL10003627

Spotts Fain Consulting LC; Amanda B. Gallagher Crouch, Esq. of Spotts Fain PC v. Cintra Developments, LLC: Default
Plaintiff claims their company provided consulting services to the defendant and has an outstanding balance. Plaintiff wants $20,987.77
08/23/2010  ,  CL10003634

Lynn Financial Services, Inc. d/b/a Bancorp Manifest Funding Services v. Optimal Technologies International, Inc. d/b/a 1st Empire Financial: Default
Plaintiff claims the defendant defaulted on an agreement and is seeking $24,028.85 and $6,007.21 in attorney fees.
Lawyer: Stephen A. Angelidas of Steingold & Angelidis
08/23/2010  ,  CL10003637

Lynn Financial Services, Inc, d/b/a Bancorp Manifest Funding Services; Stephen v. Tru Cut Machine & Welding, Inc. And Wayne Douglas Aubel And Sara Kay McFall-Aubel: Default
Plaintiff states that they provide funding for equipment lease and purchase agreements.  Plaintiff claims the defendants entered into a lease agreement and still owes $42,575.03 and attorney fees in the amount of $10,643.75
Lawyer: A. Angelidis, Esq. of Steingold & Angelidis PLC
08/24/2010  ,  CL10003648

Edward Cunningham v. Wal-Mart Stores East, LP, And Wal-Mart-Stores, Inc. And Wal-Mart, Joe Mansell And Ben, a Wal-Mart People Greeter And John Doe: Slip and Fall
Plaintiff claims he stepped into the store and fell on water that had a granular substance in it. Plaintiff wants $750,000.
Lawyer: M. Scott Bucci, Esq. of Bucci & Dix
08/24/2010  ,  CL10003653

Barbara W. Bullard, Administrator of The Estate of Gertrude Kay Rice, Deceased; William B. Kilduff, Esq. of Emroch & Kilduff, LLP v. Ashley Corporation And St. John’s United Church Of Christ: Personal Injury Causing Death

Plaintiff claims the defendant used the defendant’s elevator and was injured which eventually caused death. Plaintiff wants $5,000,000.
08/25/2010  ,  CL10003663

Leipertz Construction , Inc. v. Doyle Restaurant Group: Breach of Contract

Plaintiff claims the defendant breached their contract and still owes. Plaintiff wants $261,362.66.
Lawyer: Mark C. Nanavati of Sinnott Nuckels & Logan
09/01/2010  ,  CL10003735

Timothy J. Gartner v. Cedar Fair Southwest, Inc. t/a Paramount King’s Dominion: Personal Injury

Plaintiff claims the defendant  negligently operated a roller coaster and  was injured. Plaintiff is seeking $250,000.
Lawyer: Irving M. Blank of ParisBlank
09/02/2010  ,  CL10003746

Walter Morales v. Rodolfo Arrazola And R & N Trucking, LLC: Falsely Accused
Plaintiff claims he was falsely accused of theft by the defendant in Maryland who initiated criminal charges and was the cause of him being arrested in Virginia. Plaintiff wants $200,000 in compensatory damages and $50,000 in punitive damages.
Lawyer: Joseph F. Grove
09/02/2010  ,  CL10003747

Oumar Toure v. Uduak James Ubom And Ubom Law Group, PLLC: Legal Malpractice

Plaintiff claims that the defendant failed to advise him that he had a cause of action against his employer and others for assault, false imprisonment and negligent retention because of a known violent employee. Instead, the plaintiff claims the defendant encouraged him to file a discrimination law suit with the Equal Employment Opportunity Commission. Plaintiff wants $150,000 in compensatory damages and $50,000 in punitive damages.
Lawyer: Joseph F. Grove
09/02/2010  ,  CL10003748

Patrick A. Hohn v. CSX Transportation, Inc.: Personal Injury
Plaintiff was an employee of the defendant’s as an engineer in a train. Plaintiff was riding a train when the train violently collided with a vehicle that was stuck on the track and was injured. Plaintiff claims that CSX had no signs at the crossing way warning drivers that they were on CSX property. Plaintiff wants 5,000,000.
Lawyer: Richard N. Shapiro of Shapiro, Cooper, Lewis & Appleton
09/02/2010  ,  CL10003749

Chesterfield County

Federal National Mortgage Association v. Jonathon W. Siok  And John/ Jane Doe Occupant: Lawful Eviction
Plaintiff claims their company is the owner of 6908 Deer Thicket Drive in Midlothian as evidenced by a foreclosure deed. Plaintiff claims the defendants will not leave and is asking the Court to order them to vacate the premises immediately.
Lawyer: E. Edward Farnsworth, Jr., Esq. of Shapiro & Burson, LLP
08/31/2010  ,  CL10002426

Phillip Bottoms, Gertrude Bottoms, Benjamin Bottoms, Kitty Bottoms, Mary Bottoms And Lisa Craig v. Isacc Chanco Custalow, Sr. And Morrissett Funeral Home: Injunction

Plaintiffs wanted a temporary injunction from the defendants to stop the cremation of Paula Bottoms Custalow. The Court ordered that the cremation may go forward, but the funeral home is to retain possession of the remains until September 30, subject to a further court order and that this case will be continued until September 20 when a full hearing on the matter will be held.
Lawyer: Ryan T. Spetz of Gordon, Dodson, Gordon & Rowlett
09/02/2010  ,  CL10002448

The County Of Chesterfield, Virginia; James W. Elliot, p.q. v. Pocoshock, LTD And Charles E. Ayers, Jr., Trustee And Resolution Trust Corporation And Steven R. Bowman: Forced Sale- Delinquent Taxes

Plaintiff claims the defendants owe approximately two years back taxes and wants the real property sold to pay these delinquent taxes.
09/02/2010  ,  CL10002449

Bank Of America, N.A., Ronald J. Guillot, Jr. Esq. of Samuel I. White, P.C. v. Tremayne L. Albert And Cassandra M. Albert And Lenard E. Walker And PRLAP, Inc., Trustee: Deed of Trust Correction

Plaintiff wants the Court to add Cassandra M. Albert as grantor to a deed of trust.  Plaintiff claims she was omitted in error.
09/08/2010  ,  CL10002489

Henrico County

DurretteBradshaw P.C. v. L.A. Pipeline Construction Company, Inc.: Default
Plaintiff claims their company provided professional services to the defendant and the remaining balance has not been paid. Plaintiff wants $32,859.26.
Lawyer: Peter E. Broadbent, III of DurretteBradshaw
09/01/2010  ,  CL10002516

Mark Williams And Amy Williams And Matthew Williams, a minor by his next friend, Mark Williams v. Morgan Swim School, Inc. And Robert Morgan And Kerin Morgan: Private Nuisance and Public Noise
Plaintiffs state the defendants live adjacent to them. Plaintiffs claim the defendants have disrupted their lives due to their excessive noise from operating a swimming school and having parties in their neighborhood.  Also, plaintiffs claim that at times there are twenty cars parked in front of the defendants’ house. Plaintiffs state that they have already called the Henrico Police Department and contacted the County Zoning Committee. Plaintiffs are seeking $100,000.
Lawyer: Mathew A. Taylor, of Cherry, Seymour, Hundley & Baronian
09/02/2010  ,  CL10002520

MKIS Enterprises, LLC, A Virginia limited liability company; E. Thomas Rilee, III, Esq. of E. Thomas Riley, III P.C. v. Amp Ventures III, LLC, A Virginia limited liability company And Chicago Title Insurance Company, A Nebraska corporation, Escrow Agent: Declaratory Judgment
Plaintiff claims he is immediately entitled to disbursements from an escrow account established with him when he purchased certain real property. Plaintiff wants $3,000 per month.
09/01/2010  ,  CL10002523

Prudential Assigned Settlement Services Corporation; Structured Settlement Obligor/Annuity Owner; Brenna K. Newman, Esq. of Troutman Sanders LLP v. Prudential Insurance Company of America; Annuity Issuer: Petition For Assignment Of Transfer Of Structured Settlement Payment Rights

Albert McIlwaine a/k/a Albert Lee Mcilwaine a/ka Albert Lee McIlwaine, as payee, receives $1,113.00 per month  from 2010 through part of 2035 for a structured settlement and wants to transfer his rights to Novation Capitol, LLC for a lump sum of $98,728.00. Plaintiff is asking the Court to approve this agreement.
09/02/2010  ,  CL10002524

James Baldwin And Laurie Baldwin v. Market Partners, Inc. And Vince Naughton And Net Search Direct LLC: Dissolution and Partition of LLC
Plaintiffs state they are co-members of Net Search. Plaintiffs claim that Net Search, with out cause and prior notice, have refused to honor their obligations as being co-members. Plaintiffs want the Court to appoint a commissioner to determine their fair and equitable amount they should receive in return for their membership interest; including dissolution of the company.
Lawyer: David R. Simonsen
09/03/2010  ,  CL10002535

Ivy Ventures, LLC v. Myra Lynn T. Marcelo: Breach of Contract

Plaintiff claims the defendant breached her contract and fiduciary duty owed them as the defendant’s former employer as a community educator. That the defendant had an obligation to uphold the plaintiff’s non-disclosure of confidential information and want the Court to immediately restrain the defendant from any further wrongful conduct and monetary relief for as the Court deems fair.
Lawyer: Charles G. Meyer of LeClairRyan
09/07/2010  ,  CL10002539`

Specific cases are available for an additional fee. Please send inquiries to [email protected].

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