2005:
Cincinnati Insurance—the insurer for Platinum Properties—sent their attorney to address us. He presented himself as knowledgeable in construction and was deeply involved Before, During and After the 2005 Written Agreement. Given that involvement, he would have fully understood the devastating consequences of failing to honor that agreement.

2006:
Platinum’s representative, Rich Lane, sent a message stating on the very day the 2005 Written Agreement was signed, Platinum Properties had no intention of honoring it.

2007:
An international visitor arrived and inspected the rear-lot repair work at 109 and 113 Platinum Drive. He described the conduct behind those repairs as “not American behavior,” comparing it instead to practices he associated with Eastern Europe.

A few months later, 109 and 113 Platinum Properties uncontrolled drainage violently veered onto properties owned by McDonalds, Pizza Hut, My Father, US Route 50 And All Points below. Whereas, US Route 50 still suffering extreme drainage overflows to this day.

2007:
On December 10, 2007, we received correspondence from the Cincinnati Insurance attorney representing Platinum Properties. At the 2005 Morgantown, WV Meeting, this same attorney had taken the lead in explaining the details of the Written Agreement—including its no-later-than completion date of September 2005. Said Cincinnati Insurance attorney tried to argue that Platinum had gone “above and beyond” two years after the damage was done—claiming, falsely, that they had removed all drainage from our property. His response was weak, flawed, and misleading.

2007:
Platinum's Rich Lane Provided His Pre-Post Theory that flew in the face of the previous adjoining landowner before Platinum Properties, a Jim Larosa. Under Larosa, drainage followed its historic path—Away and Around Our Properties.

2011:
In October 2011, a multi-degreed international expert conducted an official examination of both 109 and 113 Platinum Drive. He concluded that the rear-lot drainage was flowing down through the blacktop and directly into our properties. This confirmed that the Cincinnati Insurance attorney’s 2007 claim was untrue.

2011:
During that same inspection, I mentioned Rich Lane’s Pre-Post Theory as the supposed justification for discharging drainage onto and a now realized into our property. The expert responded that such allowances were “absolutely forbidden” in a development because they inevitably trigger strong, justified objections from adjoining landowners. Despite this, Platinum’s rear-lot drainage continues to flow into our property to this day.

2012:
In April 2012, we received notice from the expert that his final 50-page report was complete. Four days later, chaos erupted in West Virginia.

During 2007, I provided Platinum Properties with extensive information and Imagery showing the Proper Way To Construct Retaining Walls, but all of it was ignored. Instead, the company Dumped Debris And Fill Onto Our Property, creating an unstable, non-anchored retention system. Because it wasn’t locked into the ground, the entire area has continued to shift up to the present day.

Thus, the rear lot area has never been re-blacktopped as for said movement would lead to it re-crumbling while also sending the full force of the lot drainage in a northerly direction over toward McDonalds, Pizza Hut and US Route 50 which had occurred During December of 2007. The thrown over Debris and Fill staying consistent with a focus on our property where the now saturation drainage continues onto and into us. To this day, that displaced material still channels drainage onto and into our land.

Whereas, during 2007, an International Visitor told us that the Court would order the buildings removed and all illegally dumped fill taken away — that attorneys wouldn’t even be the determining factor. A prominent West Virginian similarly stated that Punitive Damages would be unavoidable in just our regard for every party involved, including large corporate and governmental partnership entities. That explains why no legitimate law firm was willing to represent us.

* Punitive Damages, also known as exemplary damages, are monetary awards granted in civil lawsuits to punish the defendant for malicious, fraudulent, or reckless conduct and to deter similar future behavior by the defendant and others. They are awarded in addition to compensatory damages and are reserved for cases where the defendant's actions go beyond ordinary negligence.