Monongalia

LEGAL ADVERTISEMENTS

34130
JULY 19, 26

ORDER OF PUBLICATION
IN THE CIRCUIT COURT OF MONONGALIA COUNTY, WEST VIRGINIA

SUSAN C. WOLFE,

PLAINTIFF,

VS. CIVIL ACTION NO.: 24-C-226

KISAMORE ENTERPRISES, LLC,
J.L. PRETZEL CONTRACTING, LLC,
STEPHEN BANUS, JILL MILLS, AND
JOHN DOE PERSONS AND/OR ENTITIES,

DEFENDANTS.

That the object of the above-styled claim is to obtain judgment against the Defendants as a result of Plaintiff’s injuries and/or damages to her real and personal property; costs of remediation, repair and/or stabilization of property and/or slippages; costs for cleaning and removal of soil; annoyance; inconvenience, emotional distress; loss of use and/or interference with the use and quiet enjoyment of property; diminution in value of property; economic loss; attorney’s fees; litigation costs, and other general and/or special damages for which she should be compensated.

Plaintiff, Susan C. Wolfe is the owner in fee of the real property located and/or situated at or near the physical address of 13 Mont Chateau Estates, Morgantown, Monongalia County, West Virginia.

The defendants, Stephen Banus and Jill Mills, are the owners in fee of the real property located at 12 Pleasant View Lane, which property sits above the Plaintiff’s property located at 13 Mont Chateau Estates.

Upon information and belief, the defendants, Kisamore Enterprises, LLC, J.L. Pretzel Contracting, LLC, Stephen Banus, Jill Mills, and John Doe Persons and/or Entities, did construct a home for the defendants, Stephen Banus and Jills Mills, upon their 12 Pleasant View Lane property.

The defendants, Kisamore Enterprises, LLC, J.L. Pretzel Contracting, LLC, Stephen Banus, Jill Mills, and John Doe Persons and/or Entities, did breach the aforementioned duties and committed negligence and/or reckless conduct against the plaintiff, Susan C. Wolfe, in one or more of the following particulars:

a. Improperly collecting and redirecting an unnatural amount of water or concentration of water upon the property of the plaintiff;

b. Causing slips and/or landslides of properly above, between and/or surrounding the plaintiff’s property, and/or otherwise causing loss of lateral support of property;

c. Using improper fill;

d. Failure to properly design, excavate for and/or construct a home and/or its drainage systems;

e. Failure to consult an appropriate expert before beginning the design, excavation and/or construction of a home and/or its drainage systems;

f. Failure to adhere to the designs or specifications of an appropriate expert before excavating for and/or constructing a home and/or its drainage systems;

g. Constructing a home or other structures upon improper fill dirt;

h. Negligent hiring and/or supervision;

i. Engaging in acts and/or omissions that were reasonably foreseeable to
cause harm to the plaintiff and others;

j. Failing to act with reasonable, ordinary, and/or due care;

k. Reckless conduct; and/or

l. Other acts and/or omissions hereinafter discovered.

That there are or may be persons, other than those named in the Complaint as defendants, interested in the subject matter of the action, whose names are unknown to the plaintiff and who are made defendants by the general description of John Doe Persons and/or Entities.

The defendant(s), John Doe Persons and/or Entities, are any and all persons and/or entities unknown to the plaintiff, but who are a proximate cause of her injuries and/or damages, and which may include, but certainly are not limited to, any and all persons and/or entities involved in the construction, excavation, design, oversight or control of the property and structures situated at 12 Pleasant View Lane, Morgantown, Monongalia County, West Virginia; any and all persons and/or entities with control, ownership or responsibility for maintenance of the property and structures situated at 12 Pleasant View Lane, Morgantown, Monongalia County, West Virginia; any and all engineers, soil scientists, geologists, hydrologists, or other experts who were involved in the construction, excavation, design, oversight or control of the property and structures situated at 12 Pleasant View Lane, Morgantown, Monongalia County, West Virginia; any and all subcontractors involved in the construction, excavation, design, oversight or control of the property and structures situated at 12 Pleasant View Lane, Morgantown, Monongalia County, West Virginia; any and all persons and/or entities involved with the co-defendants or any responsible party in a joint venture, joint enterprise, master-servant and/or principal-agents relationship, any and all parent, sister, and/or relevant business entities to the co-defendants and/or any and all proper name designations for the party-defendants, to the extent that they are misidentified; any and all persons and/or entities who are otherwise vicariously liable to the plaintiff for their conduct; and any and all persons and/or entities who breached a legal duty toward the plaintiff in regard to the injuries and/or damages set forth hereinbelow and/or who are hereinafter discovered.

The acts and/or omissions of defendants, Kisamore Enterprises, LLC, J.L. Pretzel Contracting, LLC, Stephen Banus, Jill Mills, and John Doe Persons and/or Entities, did cause the plaintiff, Susan C. Wolfe, injuries and damages including, but certainly not limited to, property damage; needs for remediation, repair and/or stabilization of property and/or slippages; costs for cleaning and removal of soil; annoyance; inconvenience; loss of use and/or interference with the use and quiet enjoyment of property; diminution in value of property; economic loss; attorney’s fees; litigation costs; and other special and/or general damages for which she should be compensated.

The damages caused to the plaintiff, Susan C. Wolfe, were done by acts and/or omissions with actual malice and/or a conscious, reckless and outrageous indifference to the health, safety and welfare of the plaintiff and others such that an assessment of punitive and/or exemplary damages against the defendants, Kisamore Enterprises, LLC, J.L. Pretzel Contracting, LLC, Stephen Banus, Jill Mills, and John Doe Persons and/or Entities, is proper to punish the defendants and/or to dissuade the defendants and others similarly situated from engaging in similar conduct in the future.

And it appearing by an affidavit filed in this action that the plaintiff has used due diligence to ascertain the names and addresses or whereabouts of the “John Doe Persons and/or Entities” and have been unable to ascertain the names and addresses and locate/serve the John Doe Persons and/or Entities.

It is ordered that the said unknown defendants do serve upon JOHN R. ANGOTTI, DAVID J. STRAFACE, CHAD C. GROOME, AND ANGOTTI & STRAFACE, L.C., plaintiffs’ attorneys, whose address is 274 SPRUCE STREET, MORGANTOWN, WEST VIRGINIA 26505, an answer, or other defense to the complaint filed in this action on or before August 22, 2024, otherwise judgment by default will be taken against defendants at any time thereafter. A copy of said complaint can be obtained from the undersigned Clerk at her office.

ENTERED by the Clerk of said Court July 16, 2024.

/s/: Donna Hidock
Donna Hidock
Clerk of Court