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NEWS
By JENNIFER FITCH | August 25, 2009
WAYNESBORO, Pa. -- A looming deadline in negotiations between the Waynesboro Area School Board and Waynesboro Borough Council was pushed back Tuesday, when both sides agreed the town's high school could open for classes next week under a 45-day occupancy permit. Borough and school officials have been bickering about extending Third Street to the bigger and newly renovated Waynesboro Area Senior High School. The presidents of both boards confirmed to The Herald-Mail that lawsuits could be forthcoming.
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NEWS
By MATTHEW UMSTEAD | August 11, 2009
MARTINSBURG, W.Va. -- A federal judge has ruled a lawsuit filed on behalf of AB&C Group workers who were abruptly laid off in March 2008 may proceed as a class-action claim for failure to provide 60 days' notice of the company's shutdown, an attorney who has been representing some of the employees said Tuesday. The decision filed Monday by U.S. District Judge John Preston Bailey in Martinsburg means workers at three former AB&C Group work sites in Jefferson and Berkeley counties in West Virginia and Orange County, Va., automatically will be included in the legal action and stand to benefit from the litigation, David Hammer said in a press release.
NEWS
By JENNIFER FITCH | July 25, 2009
MERCERSBURG, Pa. -- If there were such a thing as a typical homicide, the killing of Donald Berkebile one year ago wouldn't be it. The victim? A retired Smithsonian Institute curator with no close family and few friends. The cause of death? Blunt force trauma to his head and neck. The circumstances? Berkebile, 81, allegedly used a revolver to shoot birdshot into his neighbor's chest during a 7:30 a.m. argument between the two men. That neighbor, Bryan Kendall, told police he was acting in self-defense during the fight that left Berkebile dead.
NEWS
July 24, 2009
MARTINSBURG, W.Va. -- A lawsuit claiming Berkeley County's Public Service Sewer District failed to complete connection service work to a mobile home community more than two years after it started has been dismissed because the work since has been completed, according to court records. The civil action in January by attorney Michael L. Scales on behalf of Marion V. McFillan Jr. of the Rocky Glen Manufactured Housing Community asked the court to compel the sewer district to complete the work.
NEWS
By ERIN JULIUS | July 9, 2009
o Use of ION Scan equipment on hold HAGERSTOWN -- Employees at Maryland Correctional Training Center south of Hagerstown were made to crouch naked and cough during strip searches Aug. 12, 2008, according to a $40 million lawsuit filed Monday in Washington County Circuit Court. The eight plaintiffs ask for $20 million in compensatory damages and $20 million in punitive damages. A Department of Public Safety and Correctional Services spokesman said Thursday the department would not comment on active litigation.
NEWS
By TRISH RUDDER | June 2, 2009
BERKELEY SPRINGS, W.VA -- A 23rd judicial circuit judge has sided with 15 female employees of War Memorial Hospital, agreeing that the funds held in trust from the hospital's terminated pension plan should be distributed to them. Judge John C. Yoder in a May 4 ruling agreed with the women's claim that the hospital's pension plan was terminated effective Dec. 31, 2003, and that the funds held in trust should be distributed to them. The hospital and the others named in the suit have 90 days to appeal Yoder's ruling to the West Virginia Supreme Court of Appeals.
NEWS
By ERIN JULIUS | May 18, 2009
HAGERSTOWN -- A fourth lawsuit has been filed against the driver of a van that was involved in a fatal crash in May 2008 as it was taking a group of men to a seniors softball tournament. One of the previous suits was filed by the widow of Clifford J. Rice, 72, who died in the May 21, 2008, crash at the intersection of Md. 66 and Interstate 70. Rice was killed when the 2003 Chevrolet Custom van driven by Robin Poffenberger drove into the path of a tractor-trailer, Maryland State Police said at the time of the accident.
NEWS
By ERIN JULIUS | May 5, 2009
HAGERSTOWN -- A lawsuit involving Smithsburg Emergency Medical Services Inc., a former ambulance chief, a dispatcher at the time and two medics has been settled out of court, but no one is talking about it. Jon Snyder, now chief of Smithsburg EMS, said Tuesday that because of the terms of the settlement, his only statement was, "the issue has been settled and dismissed. " William Jackson, the attorney representing the former dispatcher involved in the case, also said Tuesday morning his only comment was that the case had been settled and dismissed.
NEWS
By MATTHEW UMSTEAD | April 29, 2009
CHARLES TOWN, W.Va. -- A jury in Jefferson County Circuit Court this week awarded a former county planning commissioner more than $50,000 in damages in a malicious prosecution lawsuit he filed against three developers. The verdict in favor of Todd Baldau of Harpers Ferry, W.Va., was announced Wednesday by Baldau's attorney, David M. Hammer. "These particular developers and their counsel devised a scheme to intimidate public officials into approving their housing developments without regard to traffic safety or availability of emergency services," Hammer said.
NEWS
By JENNIFER FITCH | March 17, 2009
CHAMBERSBURG, Pa. -- Lawyers representing the estate of a Mercersburg, Pa., man who was beaten to death last year in a fight with his neighbor have responded to a lawsuit, saying the plaintiffs should not be permitted to testify because their claims cannot be refuted by a dead man. Attorney John Keller, on behalf of Donald Berkebile's estate, cited Pennsylvania's so-called Dead Man's Act, a statute that says any person with interests adverse to...
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