IN THE CIRCUIT

BlueHillMistrial.docxCOURT
CLARKE COUNTY, VIRGINIA

TRACI M. GUYNUP, Plaintiff

405 Hermitage Boulevard
Berryville, VA 22611
Poverty Hollow CSA, Plaintiff
105 Bishop Meade Road, Box 12
Millwood, VA 22646

v.
Case Number: GU154-00
Carla Giacomangeli, Defendant
Ali El-Khatib, Defendant
Blue Hill, LLC, Defendant
43104 Unison Knoll, Ashburn, VA 20148

COMPLAINT

COMES NOW the plaintiffs, Traci M. Guynup and Poverty Hollow CSA

(hereinafter, “Plaintiff” or “Ms. Guynup”), Pro Se, and moves this Court for entry of

judgment in her favor and against the defendants, Carla Giacomangeli, Ali El-Khatib and Blue Hill,
LLC.

Nature of Action

1. This is an action at law for trespass, wrongful eviction, wrongful ejection, assault, slander, and

the intentional infliction of emotional distress for a money judgment and relief in equity in the

nature of damages, and liquidated damages.

Parties

2. Plaintiff Guynup is a natural person, a private individual and resident of Clarke County,

Virginia. Prior to the events giving rise to this lawsuit, the plaintiff enjoyed a good reputation within the
community as an honest, law abiding citizen.
3. Plaintiff Poverty Hollow CSA is a corporation incorporated in the State of Virginia, with its principal place
of business located at 105 Bishop Meade Road, Boyce, Virginia. Plaintiff owns and operates a Community
Supported Agriculture (CSA) Farm.
 4. Defendant Carla Giacomangeli is a natural person, a private individual and resident of Ashburn,
Virginia.

5. Defendant Ali El-Khatib is a private individual and resident of Ashburn, Virginia.

6. Blue Hill, LLC, (hereinafter, “Defendant”), is a corporation incorporated in the State of Virginia, with its

principal place of business located at 105 Bishop Meade Road, Boyce, Virginia. Defendant owns and

operates an AirBNB, VRBO, and Farm Stay USA.

7. Defendant is being sued on theories of direct liability.

8. The events giving rise to this lawsuit all occurred in this judicial district in Clarke County, Virginia.
JURISDICTION AND VENUE

9. The causes of action arose from the defendants' acts and omissions in this judicial district.

10. The Defendant is presently conducting, and regularly conducts, substantial affairs
and business activity, and did so at all times alleged herein, in this judicial district by its ownership and/or operation
of Blue Hill, LLC in Boyce, Virginia.

11. In addition, the events alleged herein occurred in Berryville, Boyce, and Millwood, Virginia, and the
causes of action arose from Defendant’s acts and omissions in Berryville, Boyce and Millwood, Virginia.

FACTS

12. Plaintiff has no felony record.

13. Plaintiff has no record of theft.

14. Plaintiff has an excellent driving record with no points.

15. On or about February 3, 2020, Plaintiff and Defendant entered into a verbal contract for the Plaintiff to
farm the property at 105 Bishop Meade Road.
16. From February 3, 2020 through June 25, 2020, Plaintiff entered the property at 105 Bishop Meade Road to
farm.
17. Plaintiff farmed every day (Sunday through Saturday) for six or more hours a day at 105 Bishop Meade
Road from February 3, through June 25, 2020.
18. The $115/week was to be paid by the Defendant every week over the course of the three-year contract.
 19. Plaintiff's activities included tilling, seeding, mowing, watering, weeding, operation of the tractor,
operation of the bush hog, operation of the seeder, operation of the mower, operation of the weed eater,
installation of 12 raised beds; installation of four hives of bees; care of cats, chickens, ducks, worms and bees;
installation of two "subpod" compost bins; installation of one aerobin compost bin.
20. At no time was Plaintiff an employee of the Defendant.

21. Plaintiff is self-employed as a farmer and has reported her income as such to Social Security.

22. Defendant offered the use of a car to the Plaintiff and requested a copy of Plaintiff's Driver's License.

23. Defendant allegedly added the Plaintiff to the insurance policy for the 2006 Lexus.

24. On March 26, 2020, Plaintiff received 6 "Buckeye" Heritage Livestock hens at 105 Bishop Meade Road and

placed them in their chicken coop.

25. On or about May 19, 2020, the Defendant directed the Plaintiff in writing to mow the lawn. The lawn had not

been mowed since about October 2019. The grass was three feet tall, very wet. There was considerable amount

of debris on the ground including large rocks and eight-foot long branches. The Plaintiff needed to mow three

times because of the condition of the lawn. Plaintiff requested $250 from the Defendant for mowing the lawn.

Defendant has never paid the Plaintiff for mowing the lawn.

26. Included in the verbal lease was a 2006 Lexus with 350,000 miles and no air-conditioning and poor body

condition with a Kelley Blue Book value of $500.

27. Plaintiff was NOT an employee of the Defendants; and has received no paychecks or w-2s from the

Defendants.

28. Plaintiff never completed an employment application for the Defendant.

29. Plaintiff never completed an I-9 for the Defendant.

30. Defendant has never paid Social Security taxes on behalf of the Plaintiff.

31. Defendant did not pay Plaintiff for any of the work from February through June 2, 2020.

32. Plaintiff applied for a Clarke County business license to operate Poverty Hollow, CSA at 105 Bishop Meade
Road.
33. Plaintiff obtained articles of incorporation for Poverty Hollow from the State Corporation Commission.

34. Plaintiff's business expenses included advertising and marketing Poverty Hollow CSA by creating a website,
a google business site, and a facebook site.
35. Plaintiff has never been on the Defendant's payroll.

36. From February 2020 through June 2020, the Defendants would occasionally come from their home in
Ashburn and stay briefly at Blue Hill on Sunday afternoons.
37. From February 2020 through June 2020, Defendants purchased some seeds and plants.

38. The Plaintiff planted, watered and weeded the purchased plants.

39. The Plaintiff planted some of the Defendant’s seeds in trays, watered them daily, transplanted them into pots

and transplanted them into the herb garden or the lower field.

40. The entire "lower field" was tilled, seeded, watered, fertilized and weeded by Plaintiff from February thru June

with no assistance from the Defendants.

41. The Plaintiff sprouted twenty ginger rhizomes, planted them in pots and watered them.

42. The Plaintiff planted three raised beds and a trench in the lower field with asparagus crowns, watered and
weeded the asparagus.
43. The Plaintiff cared for two raised beds of garlic by weeding and watering them from February through
June 2020.
44. The Plaintiff seeded, watered, weeded and fertilized two raised beds with peas, one raised bed with
radishes, one raised bed with turnips, one raised bed with beets, two large felt beds with lettuce and
carrots, and four gutters of nasturtiums and other edible flowers.
45. The Plaintiff tilled the berry patch with the tractor and tiller.

46. The Plaintiff weeded, watered, pruned, and fertilized the half-dozen blackberry plants through June 25.

47. The Plaintiff planted, weeded, watered, and fertilized the half-dozen strawberry plants through June 25.

48. The Plaintiff planted, weeded, watered, and fertilized the 6 blueberry plants in the pollinator garden through
June 25.

49. The Plaintiff pruned and watered 10 fruit trees through June 25. Plaintiff installed 5 gallon tree-waterers.

50. The Plaintiff grew a dozen sweet potato plants from slips; and planted them in the berry patch with the
Defendant. The Plaintiff weeded, watered and fertilized the sweet potatoes by herself.
51. The Plaintiff weeded, watered, pruned, and fertilized a dozen grapevines.

52. The Plaintiff placed all the seeds that were purchased in the refrigerator in the "Cottage"

53. The Plaintiff used her own stock of seeds, her own trays, her own water, and her own growing medium to
 grow most of the seedlings that were planted in the lower field.
54. The Plaintiff seeded, planted, watered, weeded, and fertilized the lower field containing three forty foot row
of beans; fifty large tomato plants of heirloom varieties; fifty pepper plants; fifty squash plants (zucchini,
yellow, pumpkin, spaghetti and butternut); fifty watermelon plants; 6 rows of peaches and cream sweet corn;
10 rows of mixed lettuce; Forty foot mounds of blue, red, white, gold and fingerling potatoes; five rows of
onions, leeks and scallions; two twenty-foot rows each of spinach, kale, cauliflower, red cabbage, green
cabbage, red cabbage, broccoli, and mustard; four rows of black Iroquois corn; four rows of cowpeas; one
row of cucumbers; & three rows of snow-peas.
55. On June 25, 2020, the freezer in the cottage contained the personal property of the Plaintiff: an entire
frozen turkey, and several bags of flour (King Arthur, Bob's Red Mill, organic).

56. From March 2020 through June 25, 2020, the Plaintiff cared for the chickens every day by providing water,

layer feed, scratch feed, fresh vegetables, cleaning coop, and spreading lime and diatomaceous earth.

57. On June 7, 2020, 15 chicks and four ducklings were added to the chicken enclosure.

58. On June 9, 2020, 12 Buckeye hens were added to the chicken enclosure.

59. From June 7, 2020 through June 25, 2020, the Plaintiff cared for the hens, chicks and ducklings providing

water, feed, cleaning the coop, and cleaning and filling the duck pool every day.

60. The Defendant purchased four hive boxes and four packages of bees.

61. The Plaintiff assembled the bee boxes and frames.

62. The Plaintiff installed the four boxes in the apiary.

63. The Plaintiff installed the four packages of bees in the boxes.

64. The Plaintiff fed the bees, provided water for the bees, and monitored the bees for pests through June 25.
65. Plaintiff placed worms in sub pods, ensured there was adequate moisture, fed the worms weekly, sifted

through the compost to remove objects, and regularly turned the compost.

66. Plaintiff emptied the aerobin twice. Defendant repeatedly dumped items such as branches that would not
readily decompose in the aerobin. Plaintiff turned the compost in the aerobin and placed mealworms in
the bottom to help with the decomposition.
67. Without notice, on or about June 3, 2020, the Defendant began a “remodel” of the kitchen in the cottage.

68. The entire western facing exterior wall was removed.

69. The old insulation was taken out.

70. Two of the Defendants’ employees used power saws and other tools in the kitchen to build a new wall.

71. Dust, sawdust and flies covered all the surfaces in the kitchen.

72. The Plaintiff’s personal property was shoved up against the wall.

73. The Plaintiff was unable to work or bake in the kitchen because of the flies, dust, noise, and all her
belongings being moved.

74. On or around June 3, 2020, the Defendant took thirty heads of lettuce from the raised beds.

75. Without notice on or around June 10,2020 the Defendant used the tractor to move an entire raised bed
with root vegetables. Root vegetables do not transplant well.

76. On or about June 23, 2020, the Defendant’s employees used a weed-eater, killed a row of popcorn and
some sweet potatoes; but left the Johnson grass which was going to seed.

77. On or about June 23, 2020, the Defendants planted three blueberry bushes in the berry patch; but
neglected to water them.

78. On June 27, 2020, Defendant Giacomangeli told Clarke County Chief Deputy Sumption that the 2006 Lexus
was "stolen."
79. On June 27, 2020 Defendant Giacomangeli told Clarke County Deputy Sumption that the car was at
"the second house on the right."
80. The statements detailed in this Complaint were made of and concerning Plaintiff, are false, and
were false when made.
81. On June 27, 2020, Chief Deputy Sumption accused the Plaintiff of a "felony" of "joyriding."

82. “Joyriding” is a crime of moral turpitude.

83. From June 25 to June 27, the Plaintiff’s electric bicycle was parked in the barn at 105 Bishop Meade Road.

The bike’s value is $1,000.

84. The Defendants still possess the Plaintiff’s personal property of one large humane trap ($100), two weed-eaters
 ($50), 6 black plastic trays with clear plastic tops, four boxes of plastic planters, four felt raised beds filled

with soil and carrots planted in them ($100), 12 Buckeye hens ($180), and all the seeds in the refrigerator

($300).

85. Although neither the Plaintiff nor the car were visible from the street at 405 Hermitage Boulevard,

Chief Deputy Sumption and Berryville Police Officer Voorhees began a search of the property.

86. Deputy Sumption and Officer Voorhees did not have probable cause.
Deputy Sumption and Officer Voorhees did not have an arrest warrant.
Deputy Sumption and Officer Voorhees did not have any search
warrants.
87. Deputy Sumption took the time to obtain a completed and signed "No Trespass Notice" from
the Defendant Giacomangeli.
88. Deputy Sumption and Officer Voorhees searched 405 Hermitage Boulevard without the Plaintiff's
knowledge or consent.
89. Deputy Sumption and Officer Voorhees violated the Plaintiff's right to privacy by banging on the
door and interrogating Marleen Nasri.
90. Deputy Sumption and Officer Voorhees violated the Plaintiff's rights by forcing Ms. Nasri to open the
garage at 405 Hermitage.
91. The 2006 Lexus was not inside the garage at 405 Hermitage
Boulevard. Nothing "stolen" was found in the search.
92. Deputy Sumption and Officer Voorhees violated the Plaintiff's rights by forcing Ms. Nasri to
disclose the location of the Plaintiff.
93. Deputy Sumption and Officer Voorhees continued their search by proceeding to the back yard of
405 Hermitage.
94. Deputy Sumption and Officer Voorhees assaulted the Plaintiff by placing her in fear for her

life - accusing her of a felony and threatening to arrest the Plaintiff.

95. Deputy Sumption and Officer Voorhees assaulted the Plaintiff by entering the basement apartment.

96. Deputy Sumption and Officer Voorhees assaulted the Plaintiff by demanding the

"key." Deputy Sumption and Officer Voorhees did not give the Plaintiff a receipt
 for the key. Deputy Sumption began shouting and would not stop shouting at the

Plaintiff.

97. Deputy Sumption refused to speak with the Plaintiff; he would only shout, "Where is the car?"

98. Deputy Sumption collected NO evidence of a crime being committed by the Plaintiff.

99. The Plaintiff has not been charged with any crime connected to the events of June 27,
2020.

100. Deputy Sumption seized the key and the car.

101. Deputy Sumption then served the Plaintiff with a "Notice of No Trespass."

102. Because of the no trespass notice, The Plaintiff ceased operations of her business at 105 Bishop Meade
Road.
103. Because of the no trespass notice, the Plaintiff was unable to harvest the three forty foot row of beans;
fifty large tomato plants of heirloom varieties; fifty pepper plants; fifty squash plants (zucchini, yellow,
pumpkin, spaghetti and butternut); fifty watermelon plants; 6 rows of peaches and cream sweet corn; 10 rows
of mixed lettuce; Forty foot mounds of blue, red, white, gold and fingerling potatoes; five rows of onions,
leeks and scallions; two twenty-foot rows each of spinach, kale, cauliflower, red cabbage, green cabbage, red
cabbage, broccoli, and mustard; four rows of black Iroquois corn; four rows of cowpeas; one row of
cucumbers; & three rows of snow-peas.
104. Because of the no trespass notice, the Plaintiff was unable to collect the 9 eggs per day from the hens.
105. Because of the no trespass notice, the Plaintiff was unable and is unable to care for the vegetables, fruits,
chickens, ducks, bees and worms.

Count I: Defamation per se

106. Defendant Giacomangeli acted with actual knowledge of falsity, and out of common law malice and actual
malice, when making the statements.
107. Defendant Giacomangeli made the statements knowing they were false or with reckless disregard for their
truth or falsity. The statements were made with such gross indifference and recklessness as to amount to a
wanton and willful disregard of Plaintiff’s reputation and rights.
108. Prior to Sumption’s authoring and publishing the statements, Sumption failed to ascertain the truth
of those statements.
 109. Defendant Giacomangeli spoke the statements with predetermined facts in mind, rather than an attempt to
portray the truth.
110. Defendant Giacomangeli intended the false innuendos and to affirmatively suggest that she
endorsed or authenticated the false facts and inferences.
111. Giacomangeli’s authoring of the statements was neither accurate nor disinterested. Instead,
Defendant was motivated to speak the alleged defamatory statements, in part, in order to seize the
seeds, vegetables, fruits, chickens, bees and ducks.
112. Giacomangeli’s authoring of the statements was neither accurate nor disinterested. Instead,
Defendant was motivated to speak the alleged defamatory statements, in part, in order to not have to
pay the Plaintiff for all the work from February through June.
113. The defamatory statements have caused, are causing, and will cause Plaintiff to be subjected to a false
arrest, warrant-less detention, invasion of privacy, and assault.
114. The statements proximately caused, are causing, and are anticipated to continue to cause, Plaintiff
special damages, as well as per se damages, including but not limited to pecuniary loss,
embarrassment, humiliation, and mental suffering.
115. The statements referred to herein are defamatory per se, because they impute unfitness to perform
duties of office or employment for profit and want of integrity in the discharge of duties of such office.
116. The statements referred to herein are defamatory per se, because they impute unfitness to perform
duties of office or employment for profit and want of integrity in the discharge of duties of such office.
117. The statements, individually and taken together as a whole, prejudice Plaintiff in her profession, tending
to injure her in her employment and profession, and cast her as being particularly unfit to work as a
farmer or farm sitter in Clarke County, Virginia.
118. As a direct and proximate result of the statements by Defendant Giacomangeli, Plaintiff has suffered, and
will in the future suffer, damages, including, inter alia, injury to her reputation, embarrassment, humiliation,
and emotional distress, in amounts to be presumed at trial and/or in actual damages to be determined at trial.
Count II: Defamation per Quod

119. The plaintiff herein incorporates by reference into this count all the allegations appearing elsewhere in this
Complaint.

120. Defendant’s statements referred to herein are defamatory per quod, because, with reference to the extrinsic
facts, the statements individually and taken together as a whole proximately caused injury to Plaintiff’s
reputation.

121. As a direct and proximate result of the statements by Defendant Blue Hill's owner,

Giacomangeli, Plaintiff has suffered, and will in the future suffer, damages, including, inter alia, injury to her
reputation, embarrassment, humiliation, and emotional distress, in amounts to be determined at trial.
Prayer for Relief
WHEREFORE, Plaintiff requests this Court to enter a judgment for the plaintiff, Traci M. Guynup,
against the defendants, in the amount of THIRTY THOUSAND
DOLLARS ($30,000.00) as compensatory damages, plus pre-judgment and post-judgment
interest at the maximum rate(s) allowed by law on the entire judgment from the date of JUNE 25, 2020, until
paid.
Plaintiff Demands Trial by Jury. Traci
M. Guynup
Pro Se
405 Hermitage Boulevard
PO Box 388
Berryville, VA 22611
(540) 409-6788
tmguynup@hotmail.com
CERTIFICATE OF SERVICE
I hereby certify that on the day of July 2020, the foregoing Plaintiff’s Complaint was filed with the Clerk of the
Court.

Traci M. Guynup
Pro Se
317 1st St.
Berryville, VA 22611
(540) 409-6788
tmguynup@hotmail.com