IN THE CIRCUIT COURT OF POCAHONTAS COUNTY

STATE OF WEST VIRGINIA

)
)
Richard Romine__________ )
Petitioner/Plaintiff, )
) NO. __________________________
)
Vs. )
)
Kristin A. Baer___________ )
Respondent/defendant )
)

COMPLAINT

Plaintiff, Richard Romine________ Makes the following

complaint against the Defendant(s) Kristin A. Baer :

Jurisdiction

1.
The Plaintiff, Richard Romine is a resident at 12255 Potomac
Highlands Trail, Arbovale, West Virginia. The claims hereinafter stated arose in
whole or part in Pocahontas County, West Virginia.

2.

The Defendant, Kristin A. Baer_______ , is a resident of 12255 Potomac

Highlands Trail Arbovale, West Virginia 24915, and may be served with process at this
address.

3.

The defendant, Kristin A. Baer_____, is an employee at Green Bank

Elementary School in Green Bank West Virginia and may be served process at her place
of employment.
 Facts

4.

In September, 2021, the Defendant contracted, for valuable consideration, with Plaintiff
to purchase the property known as, 12255 Potomac Highlands Trail, Arbovale West Virginia
24915, and to divide equally between the Defendant(s) and the Plaintiff, all funds, profits, and
equity coming into the hands of the Defendant by virtue of the disbursements of funds from
Equity in property as of this date, and the sale of eggs, poultry and vegetables produced from
jointly purchased property(s). Defendant entered into contract labeled “PROMISORY NOTE”
with Plaintiff to receive a personal loan from, Charles Walcutt Jr. of 6600 Landay Ave. Baltimore
MD. 21237, Plaintiffs employer, Specifically for the “ Principal amount to be utilized for the
purchase of a residence located at 12255 Potomac Highlands Trl, Arbovale , West Virginia
24915. This Note was construed in Accordance with the and governed by the laws of the state
of Maryland and was fully enforceable.

5.

Defendant promised to reimburse Plaintiff for Time, Material, and Labor for the
Bathroom Remodel, in the amount of $3000.00 US dollars, adding much more to equity in the
homes value, and has yet to fulfill that promise.

6.

Plaintiff Bought 25 chickens, chicken food and all items needed to raise chicks, erected 2
chicken coups, fertilized large garden area for crops and grew vegetables on the land,
Defendant bought 30 chicks a few months after Plaintiff’s purchase of chicks, Plaintiff built a
self-sustainable environment for Defendant’s and Plaintiff’s future survival, invested over
$10,000 thousand dollars back into the land and business. Defendant will not discuss how to
reimburse Plaintiff for this investment of time and funds.

7.

Defendant served an unlawful document labeled 30 Day Notice to Vacate property,

labeling Defendant as “Landlord” and Plaintiff as “Tenant” ordering Plaintiff off of the property
or else, and after the 30 days would expire, threats of disposing of Plaintiffs property such as
clothes, personal effects, etc. were made by Defendant.
 8.

The Defendant(s) defaulted in the performance of the terms, conditions, and

stipulations of the above referenced contract, and in violation of West Virginia Code CHAPTER
47B. UNIFORM PARTNERSHIP ACT ARTICLE 8. WINDING UP PARTNERSHIP BUSINESS. §47B-8-1-
3. Events causing dissolution and winding up of partnership business.
All conditions precedent to the Defendants’ obligations were due and owing at the time
of the default.

9.

The breach of this contract by the Defendant(s) was without arguable basis and was
accompanied by conduct so willful and so grossly negligent as to constitute an independent
tort.

10.

As a direct and proximate result of the Defendant(s) wrongful conduct as described in

this Complaint, the Plaintiff has suffered, and continues to suffer, damages. The exact amount
of these damages are unknown but are reasonably believed to exceed $10,000 (Ten Thousand)
dollars. The information necessary to calculate these damages has been withheld from the
Plaintiff by the Defendant(s). Moreover, the Defendant(s)’ wrongful conduct constitutes bad
faith and involves such willfulness and maliciousness that it rises to the level of an independent
tort or torts, thus entitling the Plaintiff to recover punitive damages from the Defendant(s).

11.

Given the conduct of the Defendant(s) and the economic damages, and pecuniary ability
or financial worth of the Defendant(s), then $10,000 (ten thousand dollars) dollars is well within
the amount reasonably necessary for punishment of wrongdoing, deterring the Defendant(s)
from similar conduct, and to make an example of the Defendant(s) so others be deterred.

CLAIMS FOR RELIEF

12.

A. BREACH OF CONTRACT

The Defendant(s) failure to pay to the Plaintiff an equal share of the funds received
them from the sales and future sales Of ; eggs, chicks, chickens, and/or
other products relating to ANY Bi-Products of poultry/chickens, vegetables, etc.
 constitutes a breach of contract, implied or written, this willful breach of contract by the
Defendant(s) was attended by such malice, insult, and abuse that it constitutes an independent
tort, thus entitling the Plaintiff to recover punitive damages as well as actual damages, which
were proximately and foreseeable caused by the Defendants breach.

13.

B. BREACH OF IMPLIED-IN-FACT CONTRACT

The defendant(s)’ words to and conduct toward the Plaintiff constituted an implied
promise to pay to the Plaintiff an equal share of all funds received from all sales and or profits
from the mutually acquired property known as 12255 Potomac Highlands Trail, Arbovale, WV.
The Defendant(s) breached that promise without good cause and in bad faith. The Defendants’
promise in this respect was supported by adequate consideration, including but not limited to
continued substantial detrimental reliance, and as a direct and proximate result of the
Defendants’ breach, the Plaintiff suffered general damages. The breach by the Defendant(s) of
their promise, which was willful or grossly negligent, was attended by such malice, insult, and
abuse that it constituted an independent tort, thus entitling the Plaintiff to recover punitive
damages as well as actual damages.

14.

C. BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING

The Defendant(s) breached the above described contract for reasons incompatible with
good faith and fair dealing, as a proximate and foreseeable result of which the Plaintiff suffered
damages. The breach of contract was wholly unsupported by any arguable reasons, was willful,
malicious, and in bad faith.

15.

D. PROMISSORY ESTOPPEL

The Defendant(s) deliberately made promises to the Plaintiff when they expected that
the Plaintiff would rely on those promises. Those promises were known by the Defendant(s) to
have created a reasonable expectation in the Plaintiff that the Plaintiff would receive an equal
share of the funds paid to Defendant(s) and equity accrued in the mutually-purchased property
Described above. The Plaintiff relied to his substantial detriment upon those promises.
Injustice can only be prevented by enforcing the Defendants’ promises. The
Defendant(s) breach of their promises and assurances proximately caused the damages
previously described in the Complaint, said damages were foreseeable and the defendants’
conduct causing these damages were attended by malice, willfulness, insult, and abuse, thus
entitling the Plaintiff to recover punitive as well as actual damages.
 16.

E. INTENTIONAL INFLICTION OF EMOTIONAL UPSET

The defendants’ unlawful conduct as previously described in this Complaint, was known
To the Defendant(s) to be likely to produce emotional distress in the Plaintiff, and it did in fact
produce emotional distress in the Plaintiff. As a direct and proximate result of the Defendants’
unlawful conduct the Plaintiff has suffered emotional distress and emotional damage of at least
$10,000 (ten thousand dollars) Dollars. The Defendants’ conduct as previously described
was outrageous, wholly without legal or factual justification, was malicious and wanton, and
thus entitles the Plaintiff to Recover actual and punitive damages as previously described.

RELIEF

Plaintiff prays for a judgement providing the following relief:

1. For breach of contract and implied covenant of good faith and fair dealing: a
judgment of this Court against the Defendant, awarding the Plaintiff 50% of all funds received
by the Defendant(s), as described above, for sales and later sales of poultry products and
vegetables, along with pre-judgment and post-judgment interest thereon, the sum of which is
uncertain at this time, but which the Plaintiff believes to be in excess of $10,000 ( ten thousand
dollars) Dollars and further awarding Plaintiff $3000.00 ( three thousand dollars) Dollars in
punitive damages from each Defendant. The Plaintiff further prays that the Defendant be
required to pay the costs of this action and reasonable attorney's fees in the amount of
$1000.00 ( one thousand dollars) Dollars.

2. For the remaining claim of intentional infliction of emotional distress: a

judgment of this Court awarding the Plaintiff actual damages sustained as a result of the
wrongful conduct of the Defendant(s) in the amount of at least $8000.00 ( eight thousand
dollars) Dollars actual damages and further awarding Plaintiff $2000.00 ( two thousand dollars)
Dollars punitive damages from each Defendant, together with reasonable attorneys fees and
costs.

3. Such other and further relief to which the Plaintiff may be justly entitled in
equity.