E-FILED | 11/16/2022 11:36AM Copa C129 ‘ounty Circuit Cle Mark McGrew IN THE CIRCUIT COURT OF LOGAN COUNTY, WEST VIRGINIA JASON MICHAEL COLLINS, as Administrator for the ESTATE OF JACK COLLINS, Plaintiff, v. CIVIL ACTION NO. JUDGE: AMERICAN ELECTRIC POWER COMPANY INC, a New York Corporation, UNITED AFFILIATES CORPORATION, a Nevada Corporation, MARPAT AVIATION, LLC, a ‘West Virginia Limited Liability Company, Gordon F. Prescott, and CITY OF LOGAN, WEST VIRGINIA Defendants, COMPLAINT Plaintiff, Jason Michael Collins, individually and in his capacity as Administrator of the ate of Jack Collins, states as follows for her Complaint, 1, The Plaintiff. Jason Michael Collins is Administrator of the Estate of Jack Collins, who ‘was a resident of the County of Logan, West Virginia at all times alleged herein. 2. On June 22, 2022, the decedent, Jack Collins, was a passenger in a Huey helicopter ‘owned, operated, maintained and/or otherwise controlled by Defendant Marpat Aviation, LLC, which crashed and was consumed by fire after striking a series of overhead power lines owned, maintained, and operated by Defendant American Electrie Power Company WV-17/Blair Mountain Highway in Logan County, West Virginia. 3. Defendant American Electric Power Company Inc. (hereinafter “AEP”), exists and operates under the laws of New York, and does business within West Virginia, providing electrical and utility services to residents and businesses in Logan County. West Virginia.4, Defendant, United Affiliates Corporation (UAC ). exists and operates under the laws of Nevada, and was the owner and/or lessee of the land upon which the power lines at issue herein were located at the time of the subject helicopter crash. Defendant Marpat Aviation, LLC (“Marpat”) exists and operates under the laws of West Virginia, At the time of the subject helicopter crash Defendant Marpat was engaged in the business of helicopter repair, maintenance, training, and offered helicopter flights for payment, out of the Logan County Airport in Logan County, West Virginia, At the time of the subject helicopter crash, Defendant Marpat was providing rides to the public. for payment, as part of the City of Logan's “Freedom Festival” and Marpat’s “Huey Reunion.” 6. Defendant Gordon F. Prescott (“Prescott”) is and was an individual residing in Mercer County. West Virginia. Defendant Prescott is identified by the Federal Aviation Administration as the registered owner of the subject Bell Huey helicopter, Model UH-1B, which crashed and killed Jack Collins and other occupants of the helicopter on June 22, 2022. 7, Defendant City of Logan is and was at all times material herein a political subdivision of the State of West Virginia, located in Logan County, West Virginia. Upon information and belief, Defendant Logan, at all times material herein, operated. conducted, engaged in, and/or carried on a business or business venture in Logan County. West Virginia, by way of its annual “Freedom Festival,” and was engaged in a joint venture with Defendant MARPAT and others by which it derived revenue in Logan County, West Virginia, 8. Per W.Va, Code 56-1-1, venue is appropriate in the Circuit Court of Logan County, West Virginia, as (1) the subject helicopter crash occurred in Logan County, West Virginia (2) Defendant Marpat Aviation, LLC, maintains a principal office address and designated office address in Logan County, WV, and (3) Defendants AEP, UAC, Marpat, and the City of Logan do business in Logan County West Virginia.9. During the week of June 21-26, 2022, the City of Logan held its “Freedom Festival.” wherein it advertised and sold tickets and merchandise, such as t-shirts for said “Freedom Festival” through the City of Logan, 10. Upon information and belief, the City of Logan and Marpat engaged in a joint venture to promote the City of Loga edom Festival” through the sale of t-shirts at the City of Logan's City Hall, which depicted Defendant Marpat’s Huey helicopter. cebook posting(s) for the Freedom Festival, both the City of Logan through Mayor Serafino and Michael Holbrook, the owner of Marpat, jointly advertised and promoted the Freedom Festival, through the sale of t-shirts prominently displaying the subject Huey helicopter. 12. In said Facebook post, the City of Logan Mayor and Michael Holbrook of Marpat designated the slogan of the 2022 Freedom Festival as “Shoot the Fireworks Off” and identified the Huey helicopter as the “symbol of our Festival.” Additionally, said tshirts prominently displayed the subject Huey helicopter, the “Shoot the Fireworks Off” slogan, and upon information and belief, identified the subject helicopter as being affiliated and/or part of the “City of Logan Freedom Festival 2022." 13, Prior to the June 22, 2022, fatal helicopter crash, Michael Holbrook posted a picture of the subject Huey Helicopter on Facebook, publicly stating that Marpat was “proud to be a small part of the [Freedom] Festival, every year.” further showing the City of Logan and Marpat’s joint involvement in the Freedom Festival. 14, As part of the 2022 Freedom Festival, the subject Huey helicopter provided rides and sightseeing tours, and said helicopter was utilized and/or scheduled to be utilized in multiple fair events including the City of Logan’s veterans salute, and was intended to provide transport to the City of Logan Festival queens to the fairground in Logan. as it had done previously during past festivals15. On June 22, 2022, Plaintif?’s descendant, Jack Collins, was a passenger on the st Huey flight tour of the day, when suddenly the subject Huey helicopter struck power lines located adjacent to and originating from Defendant UAC’s land, which had been installed, owned, and were operated by Defendant AEP. 16, Shortly after liftoff, the subject helicopter struck and collided with AEP’s unmarked power lines, causing the subject helicopter to crash and subsequently become consumed and engulfed by fire. Count 1— Negligence of AEP 17. The Plaintiff realleges paragraphs 1 through 16, above. as through fully set forth herein, and further alleges herein: 18. Upon information and belief, Defendant AEP installed, owned, and maintained the subject power lines that the Huey helicopter struck on June 22, 2022, Upon information and belief, Defendant UAC owned and/or controlled the land on which Defendant AEP had installed the subject power lines that the Huey helicopter struck on June 22, 2022, 19. Upon information and belief, Defendant AEP had installed and was the owner of the two wooden power poles that contained the power lines which ran across WV-17/Blair Mountain Highway in Logan County, West Virginia, 20. The power lines in question were located on an easement obtained by AEP acros AC’s land, for the purpose of providing electricity service to UAC’s property. Said power lines constituted a latent, dangerous condition, which pos ed a high degree of risk of death to occupants of the Huey helicopter, which were anticipated, or reasonably should have been anticipated to operate in such area by AEP. as the crash location was located within 3.5 miles of the Logan County Airport.21. Defendant AEP knew of this dangerous condition which directly and proximately caused the subject crash, or through the exercise of reasonable diligence should have known of such dangerous condition which presented a high degree of risk of serious injury or death to ‘occupants of the Huey helicopter, AEP had marked other power/uiility lines in the surrounding area with high visibility spheres denoting their location, given the proximity to the Logan County Airport, and given that AEP had marked other power lines with high visibility spheres in the surrounding area. Despite this, ABP failed to mark the subject power/utlity lines, or to warn or remove such hazardous conditions. 22, Upon information and belief, the subject power lines, were strung/run at or above two hundred (200) feet above the ground surface in violation of Federal Aviation Administration AC 70/7460-1M. which indicated that said power lines should be marked with warning devices to protect aircraft, such as the Huey helicopter, flying in the area from striking them, similar to those AEP used in the surrounding area, yet failed to utilize here. 23. As owner and/or installer of the wood utility poles, Defendant AEP had a non-delegable duty to maintain, inspect, repair, and if needed, timely replace the subject wood poles if necessary Additionally. as owner of the subject power lines, AEP had a non-delegable duty to “inspect the [subject] power lines at reasonable intervals.” a duty which “exists in both urban and rural areas.” See Syl. Pt. 4, Sutton v. Monongahela Power Co., 151 W. Va. 961, 963, 158 S.E.2d 98, 100 (1967) 24. Upon information and belief. AEP failed to inspect the subject power lines at reasonable intervals, as it failed to mark said power lines with high visibility spheres and/or other warning devices, given their proximity to the Logan County Airport, and AEP"s markings of other power li in the surrounding areas.25, AEP owed occupants of aircraft flying in the vicinity of its subject power lines duties of reasonable care, relating to the marking of the power lines to protect such aireraft, such as the subject helicopter from striking them. AEP was aware of its duty of reasonable care in that it had marked other power/utility lines in areas surrounding the Logan County Airport and area near the scene of this fatal erash with high visibility spheres. 26. Asa direct and proximate result of Defendant AEP’s actions, omissions, and negligence on June 22, 2022, the subject Huey helicopter, in which Plaintiff's decedent Jack Collins was an occupant struck the overhead power lines, causing the Huey helicopter to crash, and become engulfed by fire. Plaintiff's decedent Jack Collins ultimately died in the crash and subsequent fire, after having experienced pre-death pain and suffering, impairment and mental anguish, following the subject crash prior to his death, while the helicopter became engulfed by fire, the Estate of Jack Collins and its beneficiaries suffered losses as set forth in the West Virginia Wrongful Death Act, West Virginia Code § 55-7-6. unt Liability of AEP. 27. The Plaintiff realleges paragraphs | through 26, above, as through fully set forth herein, and further alleges herein: 28, The West Virginia Supreme Court has recognized that “electricity is an inherently dangerous instrumentality.” and that “deviation from the highest possible standard of care is suflicient to impose liability.” See Helmick v. Potomac Edison Co., 185 W. Va. 269, 273, 406 S.E.2d 700, 704 (1991) 29. The subject power lines, located on AEP’s casement across UAC’s land, at the location where the subject crash occurred, constituted an inherently dangerous condition which posed a high degree of risk of death to the occupants of Huey helicopter which were anticipated,or reasonably should have been anticipated to operate in such area by AEP, as the crash location was located within 3.5 miles of the Logan County Airport. 30. AEP, as owner of the subject power lines, had a non-delegable duty to inspect their inhe ently dangerous instrumentality here, namely the subject power lines, and abate and/or correct dangerous conditions these inherently dangerous power lines posed to occupants of the subject Huey helicopter, such as Jack Collins, AEP knew of this inherently dangerous condition that was posed to these individuals. and/or through the use of reasonable diligence should have known of this inherent ly dangerous condition, yet nonetheless chose not to correct said hazards, or to warn occupants of aircraft, such as the Huey helicopter. despite marking other power lines in the surrounding areas with high visibility spheres. 31. Asa direct and proximate result of Defendant AEP’s actions, and omissions. negligence on June 22, 2022, the subject Huey helicopter, in which Plaintiff's decedent Jack Collins was an occupant struck the overhead power lines, causing the Huey helicopter to crash, and become engulfed by fire. Plaintiff's decedent Jack Collins ultimately died in the crash and subsequent fire, after having experienced pre-death pain and suffering, impairment and mental anguish, following the subject crash prior to his death, while the helicopter became engulfed by fire, the Estate of Jack Collins and its beneficiaries suffered losses as set forth in the West Virginia Wrongful Death Act, West Virginia Code § 55-7-6. Count I legligence of UAC 32. The Plaintiff realleges paragraphs | through 31, above, as through fully set forth herein, and further alleges herein: 33. Upon information and belief, Defendant UAC owned and/or controlled the land on which Defendant AEP had installed the subject power poles, and strung the subject power lines that the Huey helicopter si uuck on June 22, 2022, Further, the power lines in question were located 7on an easement obtained by AEP across UAC’s land, for the purpose of providing electricity service to UAC’s property 34, Asa direct and proximate result of Defendant UAC’s actions, omissions, and negligence on June 22, 2022, the subject Huey helicopter, in which Plaintiff's decedent Jack Collins was an occupant struck the overhead power lines, causing the Huey helicopter to crash, and become engulfed by fire. Plaintiff's decedent Jack Collins ultimately died in the crash and subsequent fire, after having experienced pre-death pain and suffering, impairment and mental anguish, following the subject crash prior to his death. while the helicopter became engulfed by fire, the Estate of Jack Collins and its bene! ciaries suffered losses as set forth in the West Virginia Wrongful Death Act, West Virginia Code § 55-7-6. Count 1V = Negligence of Marpat Aviation, LLC 35. The Plaintiff tealleges paragraphs | through 34, above, as through fully set forth and further alleges herein: 36, The Huey helicopter was owned, operated. maintained and/or otherwise controlled by Defendant Marpat on the date of the subject evash, June 22, 2022 37. Upon information and belief, on June 22, 2022, Defendant Marpat was offering helicopter rides on the subject Huey helicopter to the public for payment. 38. Defendant Marpat, as owner of the subject Huey helicopter had a duty to maintain and operate the subject Huey helicopter in a safe, flightworthy manner, and (o install protective devices on the helicopter to protect riders of the helicopter from known dangers. 39. Defendant Marpat, as operator of the subject Huey helicopter had a duty to train and supervise persons piloting and co-piloting the subject Huey helicopter, ensuring that alloperators of the helicopter could do safely, and in accordance with state and federal legal requirements and prevailing safety rules and standards, 40. Defendant Marpat knew the subject helicopter was over 60 years old, and was identified as an “Experimental” aircraft, and knew that it was unable to offer flights on the Huey to the public for payment/compensation under 114 CFR 91.319(a)(2), which stated that “[nJo person may operate an aircraft that has an exper nental certificate. .. [¢Jarrying persons or property for compensation or hire.” 41, Upon information and belief, Defendant Marpat had neither a Letter of Deviation Authority (LODA) of Living History Flight Exemption that would have permitted Marpat to offer flights to the public for payment as part of the “Freedom Festival,” and the “Huey Reunion.” 42. On June 22, 2022. the subject Huey helicopter dep: (ed Logan County Airport, and within approximately 15 minutes of leaving, struck power lines owned by Defendant AEP, which ran across WV-17/Blait Mountain Highway in Logan County, West Virginia 43. Upon information and belief, Defendant Marpat was negligent in that it failed to ensure that pilots and copilots operating the subject helicopter were properly trained, and Defendant Marpat failed to ensure that someone from Marpat was with the occupants of the helicopter to supervise its operation. 44. Upon information and belief, Defendant Marpat was further negligent in that it had failed to ensure proper prote ive devices were installed on the subject helicopter, and failed to operate it within the constr (sits “Experimental” registration required it to operate, 45, Defendant Marpat breached its duties to the public, including decedent Jack Collins, in that it failed to ensure that the subject helicopter was equipped with a crash-resistant fuel system, failed to have other protective devices installed on the subject helicopter, and knewthat the subject helicopter was registered as an “Experimental” aircraft, which prevented it from offering charitable rides and paid rides to members of the public. 46. Asa direct and proximate result of Defendant Marpat’s actions, omissions, and negligence on June 22, 2022, the subject Huey helicopter, in which Plaintiff's decedent Jack Collins was an occupant struck the overhead power line: causing the Huey helicopter to erash, and become engulfed by fire. Plaintiff's decedent Jack Collins ultimately died in the crash and subsequent fire, after having experienced pre-death pain and suffering, impairment and mental anguish, following the subject crash prior to his death. while the helicopter became engulfed by fire, the Estate of Jack Collins and its bene! ciaries suffered losses as set forth in the West Virginia Wrongful Death Act, West Virginia Code § 55-7-6, ‘ount of Gordon Prescott 47, The Plaintiff realleges paragraphs | through 46, above, as through fully set forth herein, and further alleges herein: 48. Defendant Prescott is identified by the Federal Aviation Administration as the registered owner of the subject Bell Huey helicopter, Model UH-1B, which crashed and killed Jack Collins and other occupants of the helicopter on June 22. 2022, 49. As owner of the subject Huey helicopter, Defendant Prescott had a duty to ensure that the helicopter was maintained and operated in a safe, flightworthy manner, and to ensure that appropriate protective devices were installed on the helicopter, which would protect riders of the helicopter from known dangers, including wire strikes. 30. Defendant Prescott. as owner of the subject Huey helicopter had a duty to ensure that operators of the helicopter were trained and supervised, and that they could operate the 10helicopter safely. and in accordance with state and federal legal requirements and prevailing safety rules and standards. Defendant Prescott breached his duties she -d to perform the above. $1. Defendant Prescott knew the subject helicopter was over 60 years old, and was identified as an “Experimental” aireraft, and knew that it was unable to offer flights on the Hucy to the public for payment/compensation under 114 CFR 91.319%(a)(2), which stated that “[n]o person may operate an aircraft that has an experimental certificate. .. [eJanrying persons or property for compensation or hire.” Defendant Prescott breached his duties. as he failed to perform the above, 52. On June 22, 2022. Defendant Prescott had a duty to ensure that pilots and copilots operating the subject helicopter were properly trained, and failed to ensure the helicopter was operated in accordance with FAA regulations, and operated within the constraints its “Experimental” registration. Defendant Prescott breached his duties, as he failed to perform the above, 53. On June 22, 2022, Defendant Prescott had a duty to ensure that Defendant Marpat had a Letter of Deviation Authority (LODA) or Living History Flight Exemption that would have permitted Marpat to offer flights to the public for payment as part of the “Freedom Festival,” and the “Huey Reunion.” Defendant Prescott breached his duties, as he failed to perform the above. 54. Upon i formation and belief, Defendant Prescott had a duty to ensure that the subject helicopter was equipped with a crash-resistant fuel system and knew that the subject helicopter was registered as an “Experimental” aircraft, which prevented it from offering charitable rides and paid rides to members of the public. Defendant Prescott breached his duties, as he failed to perform the above.55. Asa direct and proximate result of Defendant Prescott’s actions, omissions, and negligence on June 22, 2022, the subject Huey helicopter, in which Plaintiff's decedent Jack Collins was an occupant struck the overhead power lines, causing the Huey helicopter to erash, and become engulfed by fire. Plaintiff's decedent Jack Collins ultimately died in the crash and subsequent fire, after having experienced pre-death pain and suffering, impairment and mental anguish, following the subject crash prior to his death, while the helicopter became engulfed by fire, the Estate of Jack Collins and its beneficiaries suffered losses as set forth in the West Virginia Wrongful Death Act, West Virginia Code § 55-7-6, Count V — Negligence of City of Logan, West Virginia 56. The Plaintiff realleges paragraphs | through 55, above, as through fully herein, and further alleges herein: 57. During the week of June 21-26, 2022, the City of Logan held the “Freedom Festival” in Logan, West Virginia, The date of the subject fatal accident, June 22, 2022, occurred during said Freedom Festival, $8. As referenced in Paragraphs 10 through 14 of this Complei tthe City of Logan ‘and Marpat coordinated their efforts to jointly advertise and promote the Freedom Festival through t-shirts and in Fi ‘ebook postings. In particular, the City of Logan Mayor and Michael Holbrook hoot the Fireworks Off,” and of Marpat designated the slogan of the 2022 Freedom Festival as identified the Huey helicopter as the “symbol of our Festival.” Additionally, Facebook postings by Michael Holbrook thanked the City of Logan, and in writing, 59. The City of Logan's Freedom Festival t-shirts prominently displayed the subject Huey helicopter, and upon information and belief were sold by the City of Logan in promotion of the Freedom Festival,60. Upon information and belief, Defendant Marpat was operating with the consent and permission of the City of Logan as part of the City of Logan's Freedom Festival, based on public Facebook posting: ctions during prior Freedom Festivals, Marpat's Huey helicopter being present and a common sight above the Freedom Festival, and Marpat routinely having transported the Festival queens, and having made appearances during prior Freedom Festivals. and this Freedom Festival, 61. Upon information and belief, the City of Logan engaged in, and/or carried on a business or business venture in Logan County, West Virginia, by way of its annual “Freedom Festival.” and having acted in a course of conduct and joint venture with Defendant MARPAT and others by which it derived revenue in Logan County, West Virginia. 62, Defendant City of Logan was negligent in that in jointly promoting the Freedom Festival with Marpat, the City of Logan. 63. Defendant City of Logan was negligent in that in jointly promoting the Freedom Festival with Marpat, the City of Logan failed to ensure that the helicopter was maintained and operated in a safe, flightworthy manner, and to ensure that appropriate protective devices were installed on the helicopter, which would protect riders of the helicopter from known dangers. 64. Defendant City of Logan was negligent in that in jointly promoting the Freedom Festival with Marpat, the City of Logan failed to ensure that Marpat was operating the subject Huey helicopter in accordance with FAA regulations, as the subject helicopter could not be offered to the public in exchange for payment or compensation. 65. Defendant City of Logan was negligent in that in jointly promoting the Freedom Festival with Marpat, the City of Logan failed to ensure that Defendant Marpat had a Letter of 13Deviation Authority (LODA) or Living History Flight Exemption that would have permitted Marpat to offer flights to the public for payment as part of the Freedom Festival 66. Asa direct and proximate result of Defendant City of Logan’s actions, omissions, and negligence on June 22, 2022, the subject Huey helicopter, in which Plaintiff's decedent Jack Collins was an occupant struck the overhead power lines, causing the Huey helicopter to crash, and become engulfed by fire. Plaintiff's decedent Jack Collins ultimately died in the crash and subsequent fire, after having experienced pre-death pain and suffering, impairment and mental anguish, following the subject crash prior to his death, while the helicopter became engulfed by fire, the Estate of Jack Collins and its benefic ries suffered losses as set forth in the West Virginia ‘Wrongful Death Act, West Virginia Code § 55-7-6. Count VI Prescott 67. The Plaintiff realleges paragraphs 1 through 66, above, as through fally set forth herein. and further alleges herein: 68. Defendants City of Logan, Marpat, and Gordon Prescott engaged in a common busines pursuit and enterprise together, which promoted and jointly advertised the subject Huey helicopter as part of the Freedom Festival. As part of their joint activities, the City of Logan and Marpat jointly promoted and advertised the Huey helicopter for the purpose of tourism and Publicity, and to use as a passenger helicopter to provide joy rides and helicopter sightseeing tours during Freedom Festival, as more fully outlined in Paragraphs 10-14 and as outlined in Count V of this Complaint. To accomplish this business enterprise, the City of Logan, MARPAT, and Gordon Prescott, combined their property, money, effects, ill, personnel, knowledge, andequipment, and entered into this business enterprise for their direet and indirect profit and benefit. 69. As joint venturers, the City of Logan, Marpat, and Gordon F. Prescott may be held jointly and severally liable for the Plaintiff's damages which were directly and proximately caused by the negligence or other wrongdoing of any one or all of them, including their employees uit and furtherance of, their and agents, acting within the scope and course of, and in the purs joint venture. 70. Asa direct and proximate result of Defendant City of Logan, Marpat, and Gordon Prescott’s joint venture on June 2: 1022, the subject Huey helicopter, in which Plaintiff"s decedent Jack Collins was an occupant struck the overhead power lines, causing the Huey helicopter to crash, and become engulfed by fire, Plaintiff's decedent Jack Collins ultimately died in the crash and subsequent fire, after having experienced pre-death pain and suffering, impairment and mental anguish, following the subject crash prior to his death, while the helicopter became engulfed by fire, the Estate of Jack Collins and its beneficiaries suffered losses as set forth in the West Virginia Wrongful Death Act, West Virginia Code § 55-7-6. Count VII — Res Ipsa Loquitur ‘71. The Plaintiff realleges paragraphs 1 through 70, above, as through fully set forth herein, and further alleges herein: 72. The subjec fatal crash and Killing of the occupants of the Huey helicopter is a harm that would not have ordinarily occurred but for the Defendants negligence. 73. The instrumentality of the harm was exclusively under Defendants’ control at the time of the negligent act(s).74. Plaintiff decedent, as a rider in the subject Huey helicopter did not contribute to his death through any negligence of his own. 75, Asadirect and proximate result of the above-described conduct, Plaintifi decedent's Estate suffered damages, including the damages set forth above. 76, The Plaintiff realleges paragraphs 1 through 75, above, as through fully set forth herein, and further alleges herein: 77. Asa direct and proximate result of the willful, wanton, intentional acts, reckless and/or the willful, wanton, intentional acts, reckless and/or the willful, wanton, intentional and reckless failures to act by Defendants, the Plaintiff decedent's Estate suffered the aforesaid damages and, 's such, Plaintiff demands that punitive damages be awarded against Defendants WHEREFORE, the Plaintiff, Jason Michael Collins as the Administrator of the Estate of Jack Collins, hereby demands compensatory and punitive damages from the Defendants, American Electrie Power Company Inc.. United Affiliates Corporation, Marpat Aviation, LLC, Gordon F. Prescott, and City Of Logan, West Virginia. together, jointly and severally, in such sums that are far in excess of any sum necessary to confer jurisdiction upon this Court, together prejudgment and post judgment interest as provided by law, all costs expended herein, attorney fees, and such further and general relief as this Court may deem proper: THE PLAINTIFF FURTHER DEMANDS A TRIAL BY JURY. JASON MICHAEL COLLINS, as Administrator for the ESTATE OF JACK COLLINS, By Counsel, 16{s/ Ben Salango Ben Salango (WVSB #7790) Patrick Salango (WVSB #11873) Christian Huffinan (WVSB #14205) SALANGO LAW, P.L.L.C. 206 Capitol Street Charleston, West Virginia 25301 Phone: (304) 342-0512 Pax: (304) 342-0513 benf@salangolaw.com Patrick@salangolaw.com christian@salangolaw.com 7 {s/ Robert V. Berthold. Jr. Robert V. Berthold, Jr. (WV Bar #326) Robert V. Berthold, tI (WV Bar 11065) BERTHOLD LAW FIRM PLLC P.O, Box 3508 Charleston, WV 25335 Phone: (304) 345-5700 Fax (304) 304-345-5703 rvb@bertholdlaw.com rvb3@bertholdlaw.com