Petition for Writ of Certiorari — In Re Joyce Beggs, et vir, Petitioners

Supreme Court briefSep 4, 2024

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APPENDIX TABLE OF CONTENTS

Appendix A; U.S. Court of Appeals for the

Fourth Circuit, Order, February 9, 2024 . . .

Appendix B: U.S. Court of Appeals for the

Fourth Circuit, Order, February 9, 2024 . . .

Appendix C: U.S. Court of Appeals for the

Fourth Circuit, Judgment, June 28, 2023 . .

Appendix D: Order From the Virginia Supreme

Court Denying Petitioners' Appeal No: 190102,

November 21, 2019.................................................... 4a

Appendix E: Virginia Supreme Court Order

Denying Petitioners Injunction, August, 27,

2019............................... ........................................

Appendix F: U.S. District Court, Eastern

District of Virginia, Newport News Division,

Dismissal Order, July 25, 2019 ....................

Appendix G: Order of Appointment of Attorney

Asha Pandya ... .............. ........................................ 34a

Appendix H: Petitioner Motion for Restraining

Order.......................................................................... 35a

Appendix I: Statement of James Beggs and

Joyce Beggs..........................................................

37a

Appendix J: Statements of Cornelius Beggs . . 39a

Appendix K: Order of Appointment of Attorney

Ash Pandya

48a

Appendix L: FEMA incorrect Statement of Full

Cost of Repairs or Replacement under the

Replacement Cost Coverage from

Respondents

49a

Appendix M: Screenshots of “Veteran” Head cut in

half’ sent to Petitioner cell phone one-year

Assignment in Hawaii July 4th, 2016

52a

Appendix M: Screenshots of “Veteran” Head cut

in half’ sent to Petitioner cell phone one-year

Assignment in Hawaii July 11 201.................... 53a

Index of Appendix

Appendix 1: Petitioners’ Emergency Clean-up

Saving to Cover “Servpro” for Flooding Before Flood

Restoration Repairs; Misunderstood by Judge

Arenda L. Wright-Alien 17,628.31

6/23/23................................................................... 54b

Restoration Repairs for 6/23/23 under 4 Circuit

Court Jurisdiction

55b, 56b,

57b, 58b, 59b,60

Appendix: 2: July 24, 1995, Respondent Home

Paramount Pest Control Termite Inspection;

showing Attorney Kathy Owens as Attorney for

Respondents AUied Brokers Inc/ Substitute Judge

after Judge Ford.................................. .............. 61b

Appendix: 3 - October 27, 1995, Respondent

Home Paramount Pest Control Moisture Report

Inc. Fraudulently stating: “They Has Repaired all

Damages” from Petitioner’s New Home as a Child

Broke his leg in many places falling Through

Rotten Wood; 3 days after moving into Said

Home

62b

Appendix 4: Letter from Home Paramount Pest

Control Attorney sending Letter to Petitioner First

Attorney of Record Mr. James M. Gallagher

November 19, 1997, with Judge Richard Atlee

Receiving said Copy.

63b

Appendix 5: Order Showing Attorney Richard Y.

Atlee Judge of the Virginia Court of Appeal

Withdrawing as John Pane Attorney October 19,

1998, under the Honorable Judge Ford

64b

See Petitioners Court Granted Photo Appendixes in

U. S. Supreme Court Cases Records No: 02-6207

9/6/2002, 02-5307 7/18/2002, 06-931 1/08/2007, 191095 12/24/2019

APPENDIX A

FILED: February 9, 2024

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 21-1748

(4:17-cv-00110-AWA-DEM)

JAMES BEGGS; JOYCE BEGGS

Plaintiffs - Appellants

GEICO INSURANCE AGENCY; CUNNINGHAM

LINDSEY U.S. INC.

Defendants - Appellees

and

AMERICAN BANKERS INSURANCE COMPANY

OF FLORIDA, d/b/a Assurant, et al.

Defendant

ORDER

Upon consideration of submissions relative to

the motion to reopen and for an extension of time to

fide a petition for rehearing en banc, the court denies

the motion.

For the Court-By Direction

/s/ Nwamaka Anowi, Clerk

APPENDIX B

FILED: February 9, 2024

;

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 21-1748

(4:17-cv-00110-AWA-DEM)

JAMES BEGGS; JOYCE BEGGS

Plaintiffs - Appellants

GEICO INSURANCE AGENCY; CUNNINGHAM

LINDSEY U.S. INC.

Defendants - Appellees

and

AMERICAN BANKERS INSURANCE COMPANY OF

FLORIDA, d/b/a Assurant, et al.

Defendant

ORDER

The court strictly enforces the time limits for

filing petitions for rehearing and petitions for

rehearing en banc in accordance with Local Rule 40(c).

The petition in this case is denied as untimely.

For the Court-By Direction

/s/ Nwamaka Anowi. Clerk

APPENDIX C

FILED: June 28, 2024

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 21-1748

(4:17-cv-00110-AWA-DEM)

JAMES BEGGS; JOYCE BEGGS

Plaintiffs - Appellants

GEICO INSURANCE AGENCY; CUNNINGHAM

LINDSEY U.S. INC.

Defendants - Appellees

and

AMERICAN BANKERS INSURANCE COMPANY OF

FLORIDA, d/b/a Assurant, et al.

Defendant

JUDGMENT

In accordance with the decision of this court, the

judgment of the district court is affirmed.

This judgment shall take effect upon issuance of

this court's mandate in accordance with Fed. R. App.

P. 41.

Is/ PATRICIA S. CONNOR. CLERK

APPENDIX D

Order From the Virginia Supreme Court

Denying Petitioners Appeal No: 190102

November 21, 2019 with No Reply from Respondent

Beverly Story

VIRGINIA:

In the Supreme Court of Virginia held at the

Supreme Court Building in the City of Richmond on

Thursday the 21st day of November, 2019.

James Begs, et al,

Against Record No. 190102

Appellants,

Beverly Story, Appelle,

From the Circuit of the City of Virginia Beach

On consideration on the petition of the appellants to

set aside the judgment rendered herein on August 27,

2019 and grant a rehearing therefo, the prayer of the

said petition is denied.

A Copy. Test

Douglas B. /Robelen, Clerk

Signed/ by a Deputy Clerk

The Petitioner Joyce Beggs unable to Recognized

signature to print said deputy name.

APPENDIX E

Supreme Court

Denying Petitioners Order Grant Petitioners

Hard copy for Injunction Appeal No: 190102

August 27, 2019, with No Reply from Respondent

Beverly Story

VIRGINIA:

In the Supreme Court of Virginia held at the

Supreme Court Building in the City of Richmond on

Thurssday the 27st day of August, 2019.

James Begs, et al, Record 190102

Against CL16004672-00

Appellants,

Beverly Story, Appelle,

Upon a Petition for Rehearing

Upon review of there record in this case and

consideration of the argument submitted in support of

the granting of an appeal, the Court is of the Opinion

there is nor eversible error in judgment complained of.

Accordingly, the Court refuses the petition for appeal

A Copy.

Test

Douglas B. Robelen, Clerk

Signed/ by a Deputy Clerk

•>

£>

The Petitioner Joyce Beggs unable to Recognized

signature to print said deputy name.

APPENDIX F

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA

Newport News Division

[DATE STAMP]

FILED

JUL 2 5 2019

CLERK, US DISTRICT COURT

NORFOLK, VA

JAMES BEGGS and

JOYCE BEGGS,

Plaintiffs,

ACTION NO. 4:17cvll0

AMERICAN BANKERS INSURANCE

COMPANY OF FLORIDA d/b/a ASSURANT et al,

Defendants.

DISMISSAL ORDER

This matter is before the Court on the following

motions filed by pro se Plaintiffs James Beggs and

Joyce Beggs (collectively "Plaintiffs"), Defendant

American Bankers Insurance Company of Florida d/b/a

Assurant ("American Bankers"), Defendant GEICO

Insurance Agency ("GEICO"), and Defendant

Cunningham Lindsey U.S. Inc. ("Cunningham

Lindsey") (collectively "Defendants"):

(1) American Bankers' Motion to Dismiss,

ECF No. 56;

(2) Cunningham Lindsey's Motion to

Dismiss, ECF No. 58

(3) GEICO's Motion to Dismiss, ECF No.

54; and

(4) Plaintiffs' "Motion to Quash

Defendants' Motions to Dismiss

Plaintiffs' Second Amended Motion for

Judgment [of] Bad Faith" ("'Motion to

Quash"), ECF No. 62.

The Court concludes that oral argument is

unnecessary because the facts and legal arguments are

adequately presented in the parties' briefs. For the

reasons set forth below, Plaintiffs' Motion to Quash,

ECF No. 62, is DISMISSED; American Bankers'

Motion to Dismiss, ECF No. 56, is GRANTED;

Cunningham Lindsey's Motion to Dismiss, ECF No.

58, is GRANTED; and GEICO's Motion to Dismiss,

ECF No. 54, is GRANTED.

I. Relevant Procedural Background

Plaintiffs initiated this action on September 11,

2017, by paying the requisite fees and filing a

document titled, "Motion for Judgement Bad Faith,"

which the Court construed as Plaintiffs' Complaint.

See Compl., ECF No. 1; Receipt, ECF No. 1-7. Before

any Defendant appeared in this action, Plaintiffs filed

a document titled, "Amended Motion for Judgement

Bad Faith," which the Court construed as Plaintiffs'

Amended Complaint. See Am. Compl., ECF No.8.

All Defendants moved to dismiss Plaintiffs'

Amended Complaint. See American Bankers' Mot.

Dismiss, ECF No. 12; Cunningham Lindsey's Mot.

Dismiss, ECF No. 15; GEICO's Mot. Dismiss, ECF No.

24. In response to Defendants' dismissal motions,

Plaintiffs filed oppositions ("Oppositions") that

contained factual allegations and legal claims that

were not raised in their Amended Complaint. See

Order at 4, ECF No. 42; Opp’ns, ECF Nos. 20, 27, 35.

In an Order dated August 2,2018, the Court explained

that a litigant cannot amend a complaint via an

opposition to a dismissal motion. See Order at 4.

However, in deference to Plaintiffs' pro se status, the

Court granted Plaintiffs leave to file a Second

Amended Complaint, and dismissed the pending

Motions to Dismiss as moot.1 Id. at 4-5.

Plaintiffs subsequently filed a document titled,

"Second Amended Motion for Judgment Bad Faith,"

which the Court construes as Plaintiffs' Second

1 Because Plaintiffs paid the filings fees when they

initiated this action, Plaintiffs were responsible for effecting

service on Defendants. In its August 2, 2018 Order, the Court

indicated that, "despite Plaintiffs' efforts, it [did] not appear that

Defendants ha[d] been properly served with process in this

action." Order at 5, ECF No. 42. To assist Plaintiffs, who are

appearing pro se, the Court ordered counsel for Defendants to

indicate "whether he or she [was] authorized to accept and/or

waive service on behalf of his or her respective client." Id. All

Defendants subsequently agreed to waive service. See Waivers.

ECF Nos. 51-53.

Amended Complaint. See Second Am. Compl., ECF

No. 46. On November 2, 2018, each Defendant filed a

Motion to Dismiss, and provided Plaintiffs with a

proper Roseboro Notice pursuant to Rule 7(K) of the

Local Civil Rules of the United States District Court

for the Eastern District of Virginia. See GEICO's Mot.

Dismiss, ECF No. 54; American Bankers’ Mot.

Dismiss, ECF No. 56; Cunningham Lindsey's Mot.

Dismiss, ECF No. 58; Cunningham Lindsey's Roseboro

Notice, ECF No. 60; E.D. Va. Loc. Civ. R. 7(K). On

November 14, 2018, Plaintiffs filed a Motion to Quash,

which despite its title, is clearly intended to serve as

Plaintiffs' opposition to the three Motions to Dismiss.

See Mot. Quash, ECF No. 62. Each Defendant

construed Plaintiffs' Motion to Quash as an opposition

to the Motions to Dismiss, and each Defendant filed a

reply brief within seven days of Plaintiffs' filing.2 See

American Bankers' Reply, ECF No. 63; GEICO's Reply,

ECF No. 64; Cunningham Lindsey's Reply, ECF No.

65. Plaintiffs also filed a document titled "Plaintiffs'

Reply in Support of Motion for Judgment on Plaintiffs'

Pleading," which appears to be an unauthorized

surreply ("Surreply"), and a separate attachment

Surreply, ECF No. 66;

("Submission").3 See

2 As noted, above, the Court construes Plaintiffs' Motion

to Quash as an opposition to the Motions to Dismiss, rather than

a separate motion. Accordingly, for administrative purposes, the

Court DISMISSES Plaintiffs' Motion to Quash. However, the

Court has considered this filing in its analysis of the pending

dismissal motions.

3 Pursuant to Rule 7(F)(1) of the Local Civil Rules for the

United States District Court for the Eastern District of Virginia,

10a

Submission, ECF No. 67. In deference to Plaintiffs' pro

se status, the Court accepts Plaintiffs' filings, and has

considered them in its analysis of the pending motions.

Defendants' Motions to Dismiss are ripe for decision.

II. Plaintiffs' Factual Allegations

In their Second Amended Complaint, Plaintiffs

allege that they own a home located at 312 South

Willard Avenue in Hampton, Virginia, that suffered

flood damage during Hurricane Matthew in 2016.4 See

Second Am. Compl. at 5, ECF No. 46. Specifically,

Plaintiffs allege that the storm flooded the "very

low-lying back of their Home, which includes their

Kitchen, Grandchild['s] Bedroom, Bathroom, and

Heating Room, along with all Heating Duc[t]s, Piers

and Decks of the Plaintiffs' Home." Id. Plaintiffs

further allege that they were issued a Standard Flood

Insurance Policy pursuant to the National Flood

Insurance Program, and sought to recover under the

policy for their flood-related expenses. Id. at 5, 13.

Plaintiffs identify themselves as a "Mixed-Race

Couple," and indicate that they hang pictures of their

after a non-moving party files a brief in opposition to an opposing

party's motion, the moving party may file a reply brief within six

calendar days. See E.D. Va. Loc. Civ. R. 7(F)(1)- "No further briefs

or written communications may be filed without first obtaining

leave of Court." Id.

4 The Court finds that the factual allegations and legal

theories in Plaintiffs' Second Amended Complaint are difficult to

decipher.

11a

favorite "Presidents, Senator [s], and Governors" on the

walls of their home. Id. at 8, 22. Plaintiffs appear to

allege that "Defendants’ Inspectors," who visited

Plaintiffs' home to assess the damage, disagreed with

Plaintiffs' interracial relationship and political views

and, as a result, failed to provide Plaintiffs with a "fair

settlement" for their flood damage. Id. at 8, 22, 25.

Plaintiffs further allege that they required

assistance from Defendants to complete Proof of Loss

forms for their flood damage claims.0 Id. at 13, 15.

Although Defendants assisted by providing two Proof

of Loss forms for Plaintiffs' use in submitting their

claims, Plaintiffs state that they "could not sign [the]

documents" because they disagreed with the value

references included therein. Id. at 11, 18-19, 26, 28.

Specifically, Plaintiffs claim that Defendants

undervalued their home on the Proof of Loss forms.6

5 As set forth in more detail herein, Plaintiffs' flood

insurance policy requires them to submit a signed and sworn

Proof of Loss form within a certain number of days of a covered

loss. See infra Part lll.B.

6 Plaintiffs attached two incomplete, unsigned Proof of

Loss forms to their Second Amended Complaint that Plaintiffs

appear to claim were provided by Cunningham Lindsey. One form

involves a claim of "Flood" loss that occurred on September 3,

2016 ("September 2016 Proof of Loss"), and lists an "ACTUAL

CASH VALUE of building structures" as $45,932.90. See Sept.

2016 Proof Loss, ECF No. 46-2. The other form involves a claim of

"Water/Flood" loss that occurred on October 7, 2016 ("October

2016 Proof of Loss"), and lists an "ACTUAL CASH VALUE of

building structures" as $37,329.92. See Oct. 2016 Proof Loss, ECF

No. 46-1.

12a

Id. Plaintiffs further claim that Defendants (i) denied

them "Emergency Assistance," which forced Plaintiffs

to obtain bank loans and to use their credit cards to

finance the needed repairs; and (ii) failed to provide

them with "funding to replace Plaintiffs’ Personal

Items."7 Id. at 12-13, IT.

Plaintiffs do not clearly specify the causes of

action that they seek to assert against Defendants.

However, their Second Amended Complaint contains

references to breach of contract, negligence, due

process violations, discrimination, 42 U.S.C. § 1983,

violations of Federal Emergency Management Agency

("FEMA") regulations, violations of the National Flood

Insurance Act ("NFIA"), retaliation, violations of

insurance regulations, violations of the Revised

Uniform Partnership Act ("RUPA"), and violations of

the McCarran-Ferguson Act. Id. at 7-10, 13, 15-16,

18-21, 24-26.

As relief, Plaintiffs ask the Court to impose a

"Fair Settlement" in the amount of $17,000.00 on

Claim No. 720859866664; $25,000.00 on Claim No.

720859852303; and $10,000.00 for the "Denial of

Emergency Assistance." Id. at 5, 30-31. Additionally,

Plaintiffs request $200,000.00 to allow them to

"[e]levate their home to prevent future flooding,

$3,000.00 for "Legal Fees;" and "up to $200,000.00 m

7 Plaintiffs fail to clearly identify the roles allegedly

played by each Defendant in this action, and appear to attribute

the alleged wrongdoings to all Defendants.

13a

Punitive Damages."8 Id. at 5-6, 20, 26-28, 30-31.

III. Motions to Dismiss

Standard of Review Under Federal Rule

12(b)(6)

Defendants seek dismissal of this action

pursuant to Rule 12(b)(6) of the Federal Rules of Civil

Procedure. A motion to dismiss under Rule 12(b)(6)

should be granted if a complaint fails to "allege facts to

state a claim to relief that is plausible on its face." Bell

Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). A

Rule 12(b)(6) motion "tests the sufficiency of a

complaint and 'does not resolve contests surrounding

the facts, the merits of a claim, or the applicability of

defenses.'" Johnson u. Portfolio Recovery Assocs., LLC,

682 F. Supp. 2d 560, 567 (E.D. Va. 2009) (quoting

Republican Party of N.C. v. Martin, 980 F.2d 943, 952

{4th Cir. 1992)). The Court must accept all factual

allegations contained in Plaintiffs' Second Amended

Complaint as true, and draw all reasonable inferences

in favor of Plaintiffs. Id. "Although the truth of the

facts alleged is assumed, courts are not bound by the

allegal conclusions drawn from the facts' and 'need not

accept as true unwarranted inferences, unreasonable

conclusions, or arguments.'" Id. (citations omitted). In

8 Plaintiffs also appear to request injunctive relief

pursuant to 42 U.S.C. § 2000a-3(a). See Second Am. Compl. at 21,

ECF No. 46. This statute, however, relates to claims of alleged

discrimination in places of "public accommodation," and is

inapplicable to the factual claims alleged by Plaintiffs in this

action. See id; see also 42 U.S.C. §§ 2000a-3(a), 2000a(a).

14a

ruling on Defendants' motions, the Court may rely

upon the allegations of Plaintiffs' Second Amended

Complaint, as well as documents attached as exhibits

or incorporated therein by reference. See Simons v.

Montgomery Cty. Police Officers, 762 F.2d 30, 31 (4th

Cir. 1985).

The National Flood Insurance Program

Plaintiffs seek to recover certain flood-related

expenses pursuant to a Standard Flood Insurance

Policy ("SFIP") that was issued to them pursuant to

the National Flood Insurance Program ("NFIP"). See

Second Am. Compl. at 5, 13, ECF No. 46. The NFIP

was established by Congress under the National Flood

Insurance Act ("NFIA") "in order to make flood

insurance available from the federal government on

reasonable terms and conditions." Davis v. Nationwide

Mut. Fire Ins. Co., 783 F. Supp. 2d 825, 831 (E.D. Va.

2011); see also 42 U.S.C. §§ 4001 et seq. The United

States Court of Appeals for the Fourth Circuit has

summarized the NFIP as follows:

Under the [NFIP], flood insurance is sold

to qualified applicants either directly by

FEMA or by private insurance comp anies

known as "write-your-own" (sometimes,

"WYO") companies. 44 C.F.R. § 62.23.

These companies enter into a

standardized agreement with FEMA that

authorizes the private company to issue

flood insurance in its own name and

assigns the company responsibility for

the "the adjustment, settlement,

15a

payment and defense of all claims arising

from policies of flood insurance it issues

under the Program." Id. § 62.23(d). The

ultimate responsibility for paying all

claims and related expenses, however,

rests with FEMA. See 2 U.S.C. § 4017(a).

Woodson u. Allstate Ins. Co., 855 F.3d 628,631 (4th Cir.

2017).

The terms and conditions of the SFIP "are fixed

by FEMA" and "do not vary whether the policy is

marketed by FEMA or a WYO company."9 Moffett v.

Computer Scis. Corp., 457 F. Supp. 2d 571, 574 (D. Md.

2006); see also Woodson, 855 F.3d at 631 (noting that

"[t]he terms and conditions of a National Flood

Insurance Policy are specified by regulation"); see also

Davis, 783 F. Supp. 2d at 831 (explaining that "all

policies issued under the NFIP must be issued using

the terms and conditions of the Standard Flood

Insurance Policy (SFIP)").

Under the SFIP, an insured must satisfy "a

number of preconditions" prior to "collecting on a

claim." Moffettt, 457 F. Supp. 2d at 574. The

precondition considered to be "the most important is

the requirement to file "a proper 'proof of loss' within

60 days of the flood loss, in which the insured must

9 "The SFIP is published in the Code of Federal

Regulations at 44 C.F.R. Part 61, App. A(l)." Moffett v. Computer

Scis. Corp., 457 F. Supp. 2d 571, 574 (D. Md. 2006); see also 44

C.F.R. pt. 61, App. A(l).

16a

GEICO argues that its dismissal is warranted

because "the Second Amended Complaint fails to

provide a set of facts that establish a claim for relief

against GEICO." Id. at 4. Specifically, GEICO argues:

The plaintiffs base their claim on their

dissatisfaction with the handling of two

flood claims. However, they make only

conclusory statements that GEICO is

legally responsible for the alleged

improper handling of these claims. The

plaintiffs have not alleged any facts

which even suggest that GEICO had any

responsibility for the handling of the

claims or did anything or failed to do

anything with respect to the processing

or adjusting of the claims.

Id. at 4-5.

GEICO further argues that although Plaintiffs

generally "allege that the '[Defendants' or 'all

[Defendants' took certain actions." "[s]uch generic,

bare allegations are insufficient to establish that

GEICO played a role in handling the claims." Id. at 5.

With respect to the specific causes of action that

Plaintiffs appear to assert in this action, GEICO

argues that:

• Plaintiffs' "breach of contract claim is

insufficient because it lacks facts to

establish that GEICO owed any such

contractual duty to the [Pjlaintiffs or

29a

breached any such duty;"

• Plaintiffs cannot establish a "bad faith"

claim against GEICO "because as an

insurance agency - not an insurer - it had

no contractual obligation to pay the

[P]laintiffs;"

• Plaintiffs have alleged insufficient facts

to show that GEICO can be vicariously

liable for the alleged wrongdoings of

other Defendants based on a

"principal-agent relationship" or

"parent-subsidiary relationship" between

GEICO and the other Defendants;

• Plaintiffs have not stated a claim

against GEICO under RUPA14 because

Plaintiffs allege "no facts to support an

allegation that GEICO formed a

partnership with either or both of the

other [Djefendants, or that the other

[D]efendants' acts were done in

Plaintiffs argue that Defendants are "equally

[responsible" for the wrongdoings alleged in their Second

Amended Complaint pursuant to RUPA, a uniform act that has

been adopted by the majority of the states. Second Am. Compl. at

20-21, ECF No. 46. Plaintiffs appear to allege that the Virginia

and Maryland versions of RUPA apply. Id. However, the Virginia

and Maryland statutes both define a "partnership" as "an

association of two or more persons to carry on as co-owners a

business for profit." Va. Code § 50-73.79; Md. Code § 9A-101(i).

Plaintiffs have inadequately alleged in their Second Amended

Complaint that Defendants' relationship meets this definition.

30a

furtherance of any such partnership;"

• Plaintiffs have not stated a claim for a

constitutional violation against GEICO

under 42 U.S.C. § 1983 because Plaintiffs

have not "demonstrate [d] facts which

establish that GEICO acted under color

of state law;"

• Plaintiffs cannot state a claim against

GEICO for a constitutional violation

because "GEICO is a private entity," and

Plaintiffs have not alleged facts to

establish the application of "one of the

exceptions to the state action doctrine;"

• the Virginia statutes referenced by

Plaintiffs in their Second Amended

Complaint "do not relate to the basis of

the suit;" and

* Plaintiffs cannot state a claim against

GEICO under the McCarran-Ferguson

Act10 because "the Act involves the

lo The McCarran-Ferguson Act "provides that federal law

shall not be construed to preempt state law enacted for the

purpose of regulating the business of insurance unless the federal

law itself specifically relates to the business of insurance." Fenton

v. Fed. Ins. Adm'r, 633 F.2d 1119,1122 (5th Cir. 1981) (emphasis

added). With respect to claims ofloss covered by a SFIP issued

pursuant to the NFIA, courts have explained that "the

McCarran-Ferguson Act's savings clause does not preclude the

application of the provisions of the [NFIA]" to such claims because

31a

relationship between state insurance

regulations and federal law, (and] does

not address anything regarding the

handling of claims."

Id. at 6-14.

As already addressed, a motion to dismiss under

Rule 12(b)(6) should be granted if a complaint fails to

"allege facts to state a claim to relief that is plausible

on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544,

570 (2007). After review of Plaintiffs' Second Amended

Complaint, GEICO's arguments for dismissal, and

Plaintiffs' responses thereto, the Court finds that

Plaintiffs have alleged facts involving GEICO that are

insufficient to state any plausible claim for relief

against GEICO. Accordingly, GEICO's Motion to

Dismiss, ECF No. 54, is GRANTED.

IV. Conclusion

For the reasons set forth above, Plaintiffs'

Motion to Quash, ECF No. 62, is DISMISSED;

American Bankers' Motion to Dismiss, ECF No. 56, is

GRANTED; Cunningham Lindsey's Motion to Dismiss,

ECF No. 58, is GRANTED; and GEICO's Motion to

Dismiss, ECFNo. 54, is GRANTED.

Congress, through the enactment of the NFIA. has expressly

authorized FEMA "to regulate the business of flood insurance."

Masoner v. First Cmty. Ins. Co., 81F. Supp. 2d 1052,1057 n.3 (D.

Idaho 2000). Therefore, to the extent Plaintiffs intended to argue

that, based on the McCarran-Ferguson Act, their flood-related

claims should be governed by state law, such argument fails.

32a

Plaintiffs may appeal this Dismissal Order by

forwarding a written notice of appeal to the Clerk of

the United States District Court, Newport News

Division, 2400 West Avenue, Newport News, Virginia

23607. The written notice must be received by the

Clerk within thirty days from the date of the entry of

this Dismissal Order. If Plaintiffs wish to proceed in

forma pauperis on appeal, the application to proceed

in forma pauperis shall be submitted to the Clerk of

the United States District Court, Newport News

Division, 2400 West Avenue, Newport News, Virginia

23607.

The Clerk is DIRECTED to send a copy of this

Dismissal Order to Plaintiffs and counsel for

Defendants.

IT IS SO ORDERED.

isl

Arenda L. Wright-Alien

United States District Judge

Norfolk, Virginia

July 25th 2019

33a

APPENDIX G

Order Of Appointment of

Attorney Asha Pandya

With Plots showing Respondent Beverly Story as a

plaintiffs in "Petitioners Case" with Said Child as

Defendant

VIRGINIA: IN THE CIRIUT COURT FOR VIRGINIA

BEACH. BEVERLY STORY plaintiff V. LAURYN C.

BEGGS, a minor, CASE NO: CL16-4672

Who tried to educate the Virginia Court System of her

client true Disability Virginia Code under 8.01-2 (6)(e)

with Petitioner copy not seem or signed by Lower

Court Judge puled into Plots.

THIS CASE came on upon the Motion for Appointment

of Guardian ad Litem for incarcerated Father file by

Plaintiff. IS APPEARING TO THE COURT that

Cornelius C. Beggs, that biological father of the child

is a person under a disability pursuant to 8.01-2(b)(e)

of the Code of Virginia of 1990, as amended, it is

therefore AD JUGED. ORDERED, AND DECREED as

follows:

Kept away from Judge "no date no Signature

34a

APPENDIX H

Petitioner Motion for a Restraining Order Case

Against Officer of the Court Attorney Paulette D.

Jenkins-Franklin No: CL 16-467 Virginia Supreme

Court No: 190102

Virginia: IN THE CIRCUIT COURT FOR THE CITY

OF VIRGINIA BEACH

IN RE: Appointment of Guardian of Person & Estate

of Lauryn Beggs, a Minor James Beggs Paternal

Grandfather Joyce Beggs Paternal Grandmother

Beverly Story, Maternal Grandmother

CASE NO CL 16-4672

Lauryn Beggs

Restraining Order

This cause to be heard upon Motion to Gran(t) a

Restringing Order to Protect Federal Military Records

of James Beggs and his son Cornelius Beggs from the

hands and eyes of Paulette D. Franklin Officer of the

Court in her New Employment at the U S Department

of Defense. In the interest of Department of Homeland

Security, and Federal Protection over Military

Records. It is hereby ADJUGE, ORDERED, and

DECREED moving the Courts to Motion Gran(t)

A Restringing. Order to Protect Federal Military

Records of James Beggs and his son Cornelius Beggs

35a

from the hands and eyes of Paulette D. Jenkins

Franklins Officer of the Court in her New Employment

at the U. S. Department of Defense, in the interest of

Department of Homeland Security,, and Federal

Protection over Said Military Records by_____

Kept away from Judge "no date no Signature

36a

APPENDIX I

As said Abuses of Powers can undermine any Court

Systems across the United State in both Civil and

Criminal Cases by plots suffered by all Petitioners

under 18 U.S. Code § 241 and 242. Needing 60 of the

Federal Rules of Civil Procedure to seek review.

Voiding all Orders for Fraud on the Court by this

Court decision as Petitioners faces impermissibly

circumventing situation of non- interested Parties; by

Officers of the Court by Attorney Paulette D. JenkinsFranklin, Attorney Cynthia King, and Attorney Asha

S. Pandya under Supreme Court USCR Rule 10 legally

responsible Actions for of Plots against all Petitioners.

Showing Petitioners suffered actions that voided

President Obama Executive Orders, Acts of Congress,

the Patriot Act, FEMA, Veteran Bills, and Presidential

Proclamations voided the needed Statistic that is

Federally mandated to collect; to improve the Life and

Health Care for all Veterans of the American People.

As Said all powers can undermine the Unites States of

America and said Military Bases Personal Operations

and Court Systems in Petitioners Jurisdiction along

with Good standing Insurance Companies, and Federal

Programs to benefit the Players of Plotted Conspirers

of Terrorism that can undermine any Town system of

Government as the Petitioners Watch Good Standing

Black Family moved from their Foundation of

Ownership over the Last 20 years by Quite Plots.

37a

caused all Petitioners cases to end in a Miscarriage of

Justice under Federal Law cited against a Mixed

Couple citing Loving V State of Virginia.

U. S. Supreme Court has Jurisdiction over said

pending case at from the Newport New Federal Court

suffering a conflict of Interest appealed by James

Beggs and Joyce Beggs Vs. Cunningham Lindsey et al.,

to the U.S. Forth District Court of Appeal No:

4:17-cv-00110 that is undecided as a Federal Program

of FEMA were used against the Petitioners from a

Virginia Beach Company to injures Petitioners

Finically as suffered in U S Supreme Court U. S.

Supreme Court Case No 06-931 & 20-5307 in this

Court. Having Complete Jurisdictional Discretion to

end ploys of Civil Terrorism against Petitioners to

apply fines, not prison times for Violations under 18

U.S. Code § 241 and 242 to be an Aid in the Petitioners

Jurisdictions and said Towns suffered in the State of

Virginia.

Signature/James Beggs Signature/ Joyce Beggs

February 3, 2020.

38a

APPENDIX J

Obtaining a Lawyer on my Behalf and that of

Emergency Custody of my infant child "Lauryn

Courtney Beggs."

In Order to protect the safety of said child as stated in

said Appointments of Guardia.

FIRST: To ask, demand, litigate, and receive all

manner of goods, chattels, debts, rent, interest, sums

of money, and demands whatsoever, due or hereafter

to become due, and owing, or belonging to me, and to

make, give, and execute acquaintances, receipts,

satisfactions or other discharges for the same, whether

under seal or otherwise; regarding all my financial

Affairs. Obtaining a Lawyer on my Behalf and that of

Emergency Custody on their behalf "My Parents

James Beggs and Joyce Beggs" to maintain Emergency

Custody of my infant Child "Lauryn Courtney Beggs"

to Order to protect the safety of said child in said

Appointment of Guardian.

SECOND: To Make, execute, endorse, accept and

deliver in my name of my aforesaid attorney all

checks, notes, drafts, warrants, acknowledgment,

agreements and all other instruments in writing of

what ever nature, as to my said attorney-in-facts mat

be necessary to conserve my interest; regarding all my

Financial Affairs, Obtaining Lawyer on my behalf and

that of Emergency Custody on their behalf "My

parents James Beggs and Joyce Beggs" to maintain

Emergency Custody of my infant child Lauryn

39a

Courtney Beggs" to Oder to Protect the safety of said

child as stated in said Appointment of Guardia.

were giving by me Cornelius Courtney Beggs aka

Bobbitt to my Parents James Beggs and Joyce Beggs

of behalf of my infants Child "Lauryn Courtney Beggs"

July 20, 2016. It is My Desire, and I so freely State,

that this Power of attorney shall not be affected by any

subsequent disability or incapacity The Signature of

Cornelius Courtney Beggs aka Bobbitt.

I Cornelius Courtney Beggs aka Bobbitt, whose name

is signed to the foregoing instrument, having been duly

qualified according to the law: do hereby acknowledge

that I signed and executed this power of attorney: that

I am of sound mind; that I am eighteen (18) years

older or older; that I signed it willingly and am under

no constraint or undue influence; and that I signed it

as my free and voluntary act for the purpose therein

expressed.

Signature /Cornelius Beggs Date 8-4-2016

I certify that /Signature Cornelius Beggs has appeared

before me this day of Date 8-1-2016 in the State of

Utah

My commission expires on 4-22-2020

State of Utah County of Emery Date 8-4-2016

Janalee Luke Notary Public of State of Utah

40a

Commission #688582

Comm. EXP. 04-22-2020

41a

Appointment of Guardia

Virginia 23663 to act as guardian of said minor child

stated above upon my inability to so act as I seek

protection and fundamental fairness in the "State of

Utah" on behalf of said father's Right's in the "State of

Virginia" until conclusion of said surprised and

"unprovoked" attack on Cornelius Courtney Beggs and

Lauryn Courtney Beggs Life while seeking the help of

a lawyer t protect his Rights. Should James and Joyce

Beggs be unable or unwilling to serve, I appoint the

State of Virginia to find Forest Care Family to act as

the guardian of the minor children in place of James

Beggs and Joyce Beggs to provide needed protection,

safety, to protect the welfare of said infant.

I certifying said Parent in Hampton Virginia provided

full cores meals, which gave them the opportunity to

be directly involved in the daily Life of myself and said

Infant on a daily basics. I certify That I care for the

Daily of said Infant in Virginia Beach and my Nice in

Hampton Virginia.

I certify Beverly Story was just hired recently as said

infant Babysitter Only during working hours only.

conclusion of said Surprised Attack on the Father Life

7/20/2016 it While in the Direct Physical Present of

said Infant. Father and Infant suffered Said Date July20, 2016. Whereas, if said Guardianship in not granted

to My Parents James Beggs and Joyce Beggs to Protect

said Infant.

42a

I Cornelius Beggs aka Bobbitt moves the Court to find

suitable Foster Care Placement until the conclusion of

said surprised attack 7/20/2016 and moves Virginia

Beach Juvenile and Domestic Relation District Court

to Appoint Foster Parent to safeguard my infant

Health, safety and welfare of Lauryn Courtney Beggs

I Cornelius Courtney Beggs Gives my Parents James

Beggs and Joyce Beggs the Power of Attorney to seek

Legal Representation to maintain Legal Guardianship

over said infant July 20, 2016 to protect said Infant

Lauryn Courtney Beggs with the help of her Court

Appointed Guadiana Ad Litem Cynthia King.

I Cornelius Courtney Beggs will at all times maintain

my Due Process Right's involving my Parental Right's

of said Infant Lauryn Courtney Beggs.

Signature /Cornelius Beggs 8-1-2016

I certify that /Signature Cornelius Beggs has appeared

before me this day of Date 8-1-2016 in the State of

Utah My commission expires on 4-22-2020 State of

Utah County of Emery

Whereas, I Cmnelius Courtney Beggs aka Bobbitt < is

the Parent and Main Care Giver of Lauryn Courtney

Beggs who both suffered a surprised and unprovoked

attack of bis person while in the direct Physical Care

of my infant "Lauryn Beggs" July 20, 2016.

Whereas, I Cornelius Courtney Beggs than gave

43a

Emergency Custody to my Parents James and Joyce

Beggs of 312 South Willard Ave Hampton Virginia the

Morning of July 20, 20161 protect said infant Lauryn

Courtney Beggs Life. Asking my Father James Beggs

"to protect my Infant said Lauryn Courtney the

:Morning of said surprised attack against my life while

in the direct custody of said infant Lauryn Beggs.

I Cornelius Courtney Beggs saved the infant and self

from "said surprised attack and after said attack on

my life, seek Proper Safety for my life and protection

in the Religious Stat of Utah until all said Responsibly

Parties "direct or indirectly involved in; Surprised

Attack 7, 20, 2016 along and their Motives suffered on

the morning of July 20, 2010 can been investigation

and all parties Brought To Justice.

I Cornelius Courtney Beggs aka Bobbitt is the Natural

Guardian of Lauryn Courtney (age) 6 Months (Date of

Birth) January 20, 2016. Give full Guardianship of my

Infant Lauryn Courtney Beggs to my Parents James

Beggs and Joyce Beggs of 312 South Willard Ave. of

Hampton Virginia 23663 to act as guardian of said

minor child stated above upon my inability to so act as

I seek protection and fundamental fairness in the

"State of Utah" on behalf of said father’s Right's in the

"State of Virginia" until conclusion of said surprised

and "unprovoked" attack on Cornelius Courtney Beggs

and Lauryn Courtney Beggs Life while seeking the

help of a lawyer t protect his Rights. Should James

and Joyce Beggs be unable or unwilling to serve, I

appoint the State of Virginia to find Forest Care

Family to act as the guardian of the minor children in

place of James Beggs and Joyce Beggs to provide

44a

needed protection, safety, to protect the welfare of said

infant.

I certifying said Parent in Hampton Virginia provided

full cores meals, which gave them the opportunity to

be directly involved in the daily Life of myself and said

Infant on a daily basics.

I certify That I care for the Daily of said Infant in

Virginia Beach and my Nice in Hampton Virginia.

I certify Beverly Story was just hired recently as said

infant Babysitter Only during working hours only.

I Attended Church revises at Phoebus United

Methodist Church on 300 E. Mellen Street in Hampton

Virginia with said Infant and Nice in Places of said

parents as said father were on TDY Military

Assignment in Hawaii weeks before attack on my Life

20, 2016.

Upon my designed guardian shall have the following

authority while obtaining my Parental Rights as

stated: a. Residential Custody of the minor child b. to

approve medical treatment of any kind or type or

disapprove that same within the bounds of the Law. c.

to designate schooling for the minor children, and

access to any and all of their educational records, d. To

generally act in loco parentis et al.

In the event My Infant Lauryn Courtney Beggs

becomes the Custodian of any Property for the minor

45a

child under the Uniform Transfer to Minor Act or the

Uniform Gift to Minors Act for all such Custodian

property in the Protection under Court Appointed

Guardian Ad Litems Cynthia King Esq. In the Event

that formal legal processing are commenced to

establish a guardian for my said infant child, it is my

desire that the Guardians Mentioned herein have

priority in appointment.

The failure to list Other Individuals as a guardian or

successor Guardian is intentional to protect said, said

Infant Lauryn Courtney Beggs Health and needed

Protections until the conclusion of said Surprised

Attack on the Father Life 7/20/2016 it While in the

Direct Physical Present of said Infant. Father and

Infant suffered Said Date July 20, 2016. Whereas, if

said Guardianship in not granted to My Parents James

Beggs and Joyce Beggs to Protect said Infant.

I Cornelius Beggs aka Bobbitt moves the Court to find

suitable Foster Care Placement until the conclusion of

said surprised attack 7/20/2016 and moves Virginia

Beach Juvenile and Domestic Relation District Court

to Appoint Foster Parent to safeguard my infant

Health, safety and welfare of Lauryn Courtney Beggs

I Cornelius Courtney Beggs Gives my Parents James

Beggs and Joyce Beggs the Power of Attorney to seek

Legal Representation to maintain Legal Guardianship

over said infant July 20, 2016 to protect said Infant

Lauryn Courtney Beggs with the help of her Court

Appointed Guadiana Ad Litem Cynthia King.

I Cornelius Courtney Beggs will at all times maintain

46a

my Due Process Right's involving my Parental Right's

of said Infant Lauryn Courtney Beggs.

Signature /Cornelius Beggs 8-1-2016

I certify that /Signature Cornelius Beggs has appeared

before me this day of Date 8-1-2016 in the State of

Utah My commission expires on 4-22-2020 State of

Utah County of Emery

47a

APPENDIX K

"Order Of Appointment ofAttorney Asha Pandya With

Plots showing Respondent Beverly Story as a plaintiffs

in "Petitioners Case" with Said Child as Defendant.

Who tried to educate the Virginia Court System of her

client true Disability Virginia Code under 8.01-2 (6)(e)

with holding "Military Disability" with Petitioner copy

not seem or signed by Lower Court Judge puled into

Plots."

VIRGINIA: IN THE CIRIUT COURT FOR VIRGINIA

BEACH. BEVERLY STORY plaintiff V. LAURYN C.

BEGGS, a minor, CASE NO: CL16- 4672

THIS CASE came on upon the Motion for Appointment

of Guardian ad Litem for incarcerated Father file by

Plaintiff. IS APPEARING TO THE COURT that

Cornelius C. Beggs, that biological father of the child

is a person under a disability pursuant to 8.01-2(b)(e)

of the Code of Virginia of 1990, as amended, it is

therefore ADJUGED. ORDERED, AND DECREED as

follows:

1. Asha Pandya, Esquire, is hereby appointed

Guardian Ad Litem to protect and represent the

interest of Cornelius C. Beggs, the biological father of

the minor child, in connection with all matters pending

in this Court and any appeals that may follow

therefrom. Ms. Pandya fees shall be paid pursuant

8.01-9 of the Codes of Virginia 1950, as amended. AND

THIS CAUSE IS CONTINUED. NO SIGNTURE OF

JUDGE

48a

APPENDIX L

DEPARTMENT OF HOMELAND SECURITY

FEDERAL EMERGENCY MANAGEMENT

AGENCY

NATIONAL FLOOD INSURANCE PROGRAM

O.M.B. No. 1660-0005

Expires April 30, 2017

Statement as to full cost of repair or replacement

under the replacement cost coverage, subject to

the terms and conditions of this policy*

(See reverse side for Privacy Act Statement and

Paperwork Burden Disclosure Notice)

Policy No. FL RL00062483

Agency at 1 GEICO BLVD FL 4,

FREDERICKSBURG, VA 22412-9000

Agent GEICO INSURANCE AGENCY LLC

Insured JAMES R. & JOYCE PATTERSON BEGGS

Location 312 S WILLARD AVE, HAMPTON, VA

23663-1834

Type of property involved in claim Dwelling

Date of Loss

6/23/2023

49a

■

1. Full Amount of Insurance applicable to the

property for which claim is presented was

$347,000.00

2. Full Replacement of the said property at the time

of the loss was

$301,414.82

3. The Full cost of Repair or Replacement is

$5,467.64

4. Applicable Depreciation is

$30.52.

5. Actual Cash Value loss is (Line 3 minus Line 4)

$5,437.12

6. Less deductibles and/or participation by the

insured

$1,954.22

7. Actual Cash Value Claim is (Line 5 minus Line 6)

$3,482.90

8. Supplemental Claim, to be filed in accordance

with the terms and conditions of the Replacement

Cost Coverage within 180 days from date of loss

shown above, will not exceed

$23.30

(This figure will he that portion of the amounts

shown on Lines 4 and 6 which is recoverable)

* The Standard Flood Insurance Policy is subject to

the National Flood Insurance Act of 1968 and any

50a

Acts Amendatory thereof, and Regulations issued by

the Federal Insurance Administration pursuant to

such statute(s).

/s/ James Beggs

Insured

Is/ T. Cusimano

Adjuster

FEMA Form 086-0-12, 4/14

51a

APPENDIX M

■piwmmmm m®*

>???.

T«.S*&£.1

■.

■

-Hespy 4th;ofJuly. Kisses

Happy 4th of July, Kisses

Same to you

S^WJ^WSskI,

j*r.

"^|g

{■

1S:

■«

-A*

52a

wstimmrm

Thank you for Lauryn's clothes. You didn't have to

do that

Jul 11, 2016 8:11 PM

Aloha Liza. Jim and I love Lauryn very much. Send

me a full picture of Lauryn and Courtney so I can

show off to my Relatives how they look alike.

Jul 11, 2016 11:26 PM

W ■ ■

53a

‘

0SS

SERVFRO ofChesapeake North, Chesapeake South,

Hampton North, Elizabeth City/Outer Banks

2244 Steppingstone Square

Chesapeake, VA 23320

757-465-9700

Tax ID: 85-1768075

2307-265550WTR

SKETCH1

Main Level

DESCRIPTION

QTY

1. Haul debris - per pickup truck load - including dump fees

2. Personal protective mask (N-9J)

3. Personal protective gloves-Disposable (per pair)

4. Equipment setup, take down, and monitoring (hourly charge)

1.00 EA

4.00 EA

3.00 HE

Crawispace

DESCRIPTION

Height: 3' 1

QTY

7. Water extraction from hard surface floor-Cat 3 water

9. Remove polyethylene vapor barrier

10. Vapor barrier - visqueen - 6mil

12. Moisture protection-vapor barrier seam tape

20. Clean floor or roofjoist system in confined space

15. General Laborer-per hour

;

)

1,322.75 SF

022.75 SF

1,322.75 SF

473.00 SF

022.75 SF

16.00 HI

Additional assistance needed for working in confined space, removal and replacement

16. ‘ Apply plant-based anti-microbial agent to more than the floor

18. Moisture protection for crawl space-hydrated lime

17. Muck-ontfFlood loss cleanup - confined space - Heavy

14. Air mover (per 24 hour period) - No monitoring

2,643.50 SF

1,322.75 SF

022.75 SF

15.00 E/

Grand Total

517,628.31

MikkaOQuinn

8/16/2023

2307-265550WTR

54b

NATIONAL FLOOD INSURANCE PROGRAM PROPERTY LOSS HISTORY

«:

10008294

CURRENT COMPANY/POLICY NUMBER: NFIP DIRECT SERVICING AGENT/RL00062483

CURRENT PROPERTY ADDRESS:

312 S MILLARD AVE

HAMPTON, VA 23663-

THE INFORMATION PROVIDED BELOW IS THE FLOOD INSURANCE LOSS PAYMENT HISTORY FOR CLAIMS PAID BY THE

NATIONAL FLOOD IKS0RAIKS5 PBOGRAH STtfCE 1978 FOR THE ABOVE PROPERTY ADDRESS. LOSSES OCCURINC WITHIN 180

DAYS PRIOR TO THIS LOSS HISTORY MAY HOT BE INCI4JDED IN THIS .REPORT. IF YOU HAVE ANY QUESTIONS ABOUT THIS

INFORMATION PLEASE CONTACT THE NPIP AT *860“ 395*7496*

DATE OP LOSS

9/9/2018 i

2/8/2016

10/4/2015

10/28/2012

8/27/2011

il/12/2009

BUILDING

PAYMENTS

CONTENTS

PAYMENTS

TOTAL

PAYMENTS

19949.91

3516.60

8729*88

9693.19

10660.81

1^42169.56

0.00

3708.83

3802.82

10050.02

19949.91

3516.60

8729.88

13402.02

14463.63

52219.58

TH2 FLOOG KtTTGACTOS ASSISTANCE {FEW PROGRAM HAS AUTHORIZED Bt US HATlCfcAL FLOOR INSURANCE EEF06M ACT OF 1S?4 W35

JtfffiaKD BY THE SIGCEST-lfATSRS FLOOD 2K5U3ASC2 REFORM ACT-O? 30*2. 'IHS FYA PROGRAM PROVICES F3SDS ON AN ARJOAL SASIS

TO STATES AfS> LOCAL OCSW'OSiTIES FOR PROTECTS THAT .EITHER REDUCE OR ELIMINATE THE LO£*3ERI'. RISK OF FLOOD 0AKACE TO

StiXVUfiSS. BOKSS. AS WELL AS OTHER STRUCTURES THAT ASS INSURED ONCER THE tiATSCHAL FLOOD INSURANCE FBCS3AM {hTIFi.

IKE FT?. iPSOGSAK PROVIDES FEDERAL GRAS? USDS FOR ELIGIBLE jOTlGATIO*: ACTIVITIES, SDCJ* AS ELEVATTBC A3 N*?I?* iirEURSO

STRUCTURE. 1-3TTGATED 'PKOPERTTES MAY ALSO C-ALIFY FOR REDUCED FLOOD INSURANCE RATES. AS AH INDIVIDUAL, 703 MAY SOT

APPLY FOR All FHA CHANT OH YOUR OHM, Out YOUP. LOCAL COKHtMlTY OP COUNTY HAY APPLY FOR A GRANT OH YOUR BEHALF. TO

OBTAIN ADDITIONAL UIPOBHATlON OH THE PEA PROGRAM AID OTHER HITIGATICN SPJVWT PROGRAMS. PLEASE CONTACT YOUR LOCAL

FLOOD?LAIK KA5IA5ES CR STATE HAZARD MITIGATION OFFICER. OP CO TO THE FEMA HAZARD EITICATIOL5 ASSISTANCE WEBPAGE AT

ww.feoa.ecv/hirzfcrd-rrJ iigaticn-ossl staoct.

□

54b-1

Mrglnla Beach

2569 Quality Ct

Beach, VA'23454

(757)264-7352

foundation Repair

CONTRACT

Leased Ccrstisctof

Oslo

018/2023_______________ ________

Phone (WMk oi Home)

2705088655

Costomsr

Joyce Beggs & James Bergs

Homa: (757)265-7784. Homs:(757)4m-8584

£-TEt

PtojectUcafion

312S \A®ard Ave Hampton, VA23863

5baby38s@aoi.com

GTY

PROPOSED PRODUCTS

304.0

AquaStop ExtremeBloc

1.0

AquaStop Air System - Cravrispace

2.0

Electrical Outiei

1.0

Pemtit Package A

1.0

5 Year Annua! Service Plan

1547.0

AquaStop CrawiSea!

152.0

AquaStop CrawlDrain

1.0

AquaStop Crawl space Single

13.0

Additional Products Quantity {see page 2 for details)

$36,416.15

Subtotal

• Fuel Surcharge

Contract Price

$93.00

$36,515.15

TKs Contract along wSi the Terms and Conditions, the Warranties, the Notice of Cancellation, and the Payment Terms form the contract (the "Contra#f

between the Customer and JES Construction, LLC {toe ‘Contractor’)

A full perimeter drainage system v/rth sump pump was

Customer is responsive tor removing all personal items from

recommended

the work area.

Customer assumes responsibility for damages to hidden or

Customer is aware of warranty and all addenda.

unmerited utility lines.

Customer is responsible for providing ati necessary electrical

Stattfeation is warranfiei Contractor can attempt to Oft at

outlets

Customer's request

Acceptenopwf Contract -The above prices, epeefcatisns, conditions, and separate warranty are satisfactory and hereby acceptedYbu are authorized to do

work as specified. PaymentwSbe made asoutiined above or in accordance^ the attend addendum. SubjecA to the Terms and Condriions_Co*adc.

shall endeavofto startworkwithmene hundred fifty {150) days of the data of the Contraband shall endesvorto complete toe vwfcvnthm an estimate on,

hundred twenty (12)) <toys of toe start date of the v/oric.

Contractor

Customer

Date

S/1 S/2022

Date

55b

6/18/2023

AUanllcCTumbing, Nesting, Ait

Conditioning, LLC

609 Copeland Drive

Hampton. VA 23681

Phono: (757) 898-0655

Fate (757) 898-1917

atianStmhac.com

S«6i

Bill to

Jim Bsggs

312 S Willard Ave

Hampton, VA 23663-1834

Work Summary

Vn dog sewer

Work Order#: 388?

Service Address

Jim Beggs

312 S Willard Ave

Hampton. VA 23SS3-183*

Transaction Date: 7/27/2023

Terms: Due on receipt

Assigned Tech: Loic fvt.

Invoice #: 13431

Item

D-040

Description

Glean Main Sewer Une through deanout - up to 75 feet.

No Warranty on Drain Cleanings.

Date

7/27/2023

Auth#

Method

C5175S

VISA

Amount

S593.00

Totat

$593.00

Payments:

S593.GQ

Balance Due:

30.00

Amount

. S593.G0

Acceptance

i accept the services performed by Atlantic Plumbing.

Heating 8 Air Conditioning are to my satisfaction.

f V

Jim Beg25

Terms and Conditions: Aged and deteriorated plumbing figures and piping may no longer be serviceable. Atlantic Plumbing. Healing & Air

Conditioning will not be liable for any damage/destrudion from these conventional repair efforts.

i represent that I am either tits owner of tbs property or the owners agent, and have authority to order said work. A service charge of 1,535

per month <18% per annum) will be charged on all balances 30 days or more past due.

Page 1 of 1

56b

Michael & Son Services

2105 50th areet

Hampton.VA2366l

757-541-8100

www.michaeJandscn,com

Michael & Son

SERVICES

BILL TO

Joyce/James Beggs

312SWtUardAve

Hampton, VA23663 USA

JOB ADDRESS

Joyce/James Beggs

312 South Willard Avenue

Hampton, VA 23663 USA

IMMSZ

INVOICCDATli

147553?

Aue ! 1,2023

Completed Date:

Technician; Jeremy GuHedge

•i

e.ESCajPflOH'Of

;

Arrived to replace single duck run from the plenum to the Comer bedroom replaced duct run and hurtgoff the ground thank

you for choosing Michael and son savices

TASK

DESCRIPTION

QTT

PP.JCE

TOTAL

Quote-HVAC

replace 6" duct

LOO

SljOOODO

itOOODO

50055

Scheduled return visit to perform specific repair or service

LOO

$0.00

AMOUNT

8/11/2023

$1,000.00

Visa

POTENTIAL SAVftiGS

$aoo

SUB-TOTAL

$1000.00

TAX

$aoo

TOTAL DUE

PAYMENT

$1000.00

$1,000.00

BALANCED^

so.oa

~EE!SSSSS33S5^^

esfnSli 05 at pnwdson^mfchsetenilsan^o^- We appreciate Ois opportunity .to s-f -V

ftoe 1 of 5

Invoice #1475539

57b

How dears

get more done.

HAMPTON VA 23666

FATOU SILLAH <757)827-5446

4612 00051 84833

SALE SELF CHECKOUT

07/23/23 08:11 AM

22.98

' 022798197205 IP- H8G. GAL <A>

HAIR/GREASE DRAIN OPENER 128 OZ

16.98

047034412324 TVK CVRALL <A>

TYVEK W HOOD 8 BOOT - L/XL

4.38

078864011104 NS10 <f\>

#10 EXTRA THICK WAX RING

44.34

SUBTOTAL

2.66

SALES TAX

$47.00

TOTAL

XXXXXXXXXXXX1394 DEBIT

USDS 47.00

AUTH CODE 001441

Verified By PIN

Chip Read

US OBIT

AID A0000000980840

4612 .0.7/2:3/23 08:1*- AH

4Sl'i Si 84833 07/23/2U23 6712

RETURN POLICY DEFINITIONS

EXPIRES ON

POLICY ID DAYS POLICY

10/21/2023

sxx*^**************************’*******

DID WE NAIL XT'?

Take a short survey for a chance TO WIN

A $5,000 HOME DEPOl GIFT LAhO

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PASSWORD: 23373 16995b

Entries roust be completed within 14 days

of purchase. Entrants roust be lo or_

older to enter. See complete rules on

website. No purchase necessary.

58b

DocuSign Envelope ID:‘c55eC9AOF179-43A4-SCFC-787EC64tlFD36

Colonial Oaims Lie

2200 Bayshore Blvd

Dunedin,.FI 34698

Recap by Category with Depreciation

Items

RCV

CLEANING

Coverage Bnilding

GENERAL DEMOLITION

Coverage: Building

Coverage: Personal Property

FLOOR COVERING-WOOD

Coverage Personal Property

HEAT, VENT & AIR CONDITIONING

Coverage: Building

PLUMBLNG

- - Coverage: Building

WATER EXTRACTION & REMEDIATION

Coverage Building

Subtotal

Material Sales Tas

Coverage: Building

Coverage Personal Property

100.00% =

90.97% =

9.03% =

100.00% =

55354

553.54

1,867.97

1,69937

168.60

53853

538.53

1.000.00

1,000.00

49.80

1,45132

5,461.16

6.48

33.4988 =

6631% =

Total

Deprec,

55354

1367.97

7.16

53137

2330

976.70

49.80

1,45132

30.46

0.06

5,430.70

6.42

3052

5,437.12

2.17

43!

5,467.64

8/17/2023

530249 BEGGS

59b

ACV

Page 11

HAMPTON VA 23666

FATOU SILIAH (757)827-5446

4612 00061 90334

07/26/23 02:37 PM

SALE SELF CHECKOUT

073uS25357 ^SKY 50CT <A>

■»ffZ?1 ffiggg 5«s set

29.97

gw hAST ACTING LIME 6#

76.68

SUBTOTAL

105.65

SALES TAX

6.40

$113.05

XXXXXXXXXXXX1394 DEBIT

USDS 113.05

AUTH CODE 001239

Cnip Read

Verified 8v PIN

AID A0000000980S40

US DEBIT

lllllltll

10/24/2023

o»

***xsxxx a**s*xs****sa*„r,sj.-lasa#![!!#:cx

did we nail

IIP

l5ke f

^SU['V6y Tor a chance TO WIN

A $5,000 HOME DEPOT GIFT CARD

Opine en espanol

www.homedepot. coni/survey

User ID: H88 185569 181018

°ASSV/QRD: 23376 180957

completed within 14 days

ntrants must be 18 or

. See complete ruies on

-io purchase necessary.

••

I r«• aiucu sivans, imu. kb/u.estate

/»*

y/ "woo‘ RESIDENTIAL SALES & PROPfiXTYMAftAOEMEHT

TERMITE INSPECTION

SELLER will contact exterminating company of bis choice for inspection of wood for Insect destroyin

organisms and for moisture certification or instruct REALTOR to contact company on his behalf, if a

existing contract Is held, indicate company below. REALTOR will provide access to property and/or met

inspector for SELLER. Inspection to be done and letter issued within 30 days of closing.

Exlcnninatlng Co._

Under contract currently

No preference

Colonial Exterinmating Co. Inc. Phone: 877-5650

it Pest Control Phone: 874-7055

DEED PREPARATION

SELLER authorizes the-P

JRto contact the following attorney closing agent to prepare

deed HJSndle closing:'

Sf) Bob Harris 722-2131

( )

Stewart Title 873-0807

f' ( ) Kathy Owens 722-2272

{•)

Other-see below

( > Virginia Commonwealth

873-3799

Closing Agent.

Address

Phone 8

Fax#.

MORTGAGE INFORMATION

Lender Name______

Address . _ .........

Phone

Loan Number

‘

Approx. Loan Balance

Monthly Payments

Origination Date

Interest Rate

—Type Loan..

Seller

ill

M«oay Central Office* 100* W. Mercury Boulevard. Hampton. Virginia 2306$ (80*0 S26-OIOO

Mmr Itnrfc ftfTW- IIB M Pfra Ctm* UbbWIR VlnWw 1VIM ritfWN mrvn

61b

MSS

TAYLOR & WALKER, P.C.

•

W1UJ AM C. WALKER

GERARD £. W. VOYER

JAMES A. GQRHY, 111

JAMES E. BRYDGSS. JR.

JOHN FRANKLIN, III

JAMES £. VAIOEN

HAROLD E. BSU

BRIAN N. CASEY

JAMES C. McCAA •

R. TEMPLE MAYO

DONNA WHITE KEARNEY

MARY MARGARET CALLAHAN LYONS

RlCHAftO W. 2AHN

BRADFORD C. JACOB

MARK 8. KILOUFF

STEPHEN 0. ROYALTY

ATTORNEYS AT LAW

1300 FIRST VIRGINIA TOWER

355 MAIN STREET

POST OFFICE BOX 1WO

NORFOLK, VIRGINIA 23S14

TELEPHONE 757-623-7300

TELEFAX 737-625-1304

TOE COMMONWEALTH BUILDING

7301 FOREST AVENUE

SUITE 204

RICHMOND. VIRGINIA 23226

• TELEPHONE 804-673-0341

TELEFAX 804-673-2001

lawagnnfWFiff

NOV B11997

OIANA L. WHITE

Administrator

R6PLY TO:

Norfolk

• November 19,1997

Jamep M. Gallagher, Esquire

Post Office. 3.oS,?Q35 ......

" Vifgiffla-Bgach, VA 234^'

Re: Joyce P. Patteison-Beggs and Cornelius Bobbitt Patterson, an infant by Joyce P. PattersonBeggs, his next friend v. Allied Brokets, Inc., Ann W. Pane, John Pane d\b\a Panco Service

Co., Home Paramount Pest Control Companies, Inc., Shirley Maira and Carolyn Robinson

At Law No. 97-36817

Dear Jim:

Please find enclosed an Order which 1 believe reflects the Court's ruling in the above-referenced

matter. I am also enclosing a memorandum of the agreement between Home Paramount Pest Control

Companies, Inc. and Wrightway for your review.

If the Order meets with your approval, 1 would ask that you please obtain the endorsement of the

other counsel on November 24, and file it with the Court at that time. I would also ask that you please

request the Court to send me a certified copy as I will not be present on November 24.

Please let me know if you have any questions.

W%Wnd regards, £ remain.____

Sincerely,

TAYLOR & WALKER, P.C.

M^r

RWZjr/dsb

Enclosure

cc:

if.:

Richard W. Zahn, Jr.

Bryan D.' Lytle, Esquire

Richard AtLee, Esquire

Mr. Tom Reynolds [Claim No. 34-49636]

Mr. John Kam

4? 3 b

JAMES M. GALLAGHER

ATTORNEY AT LAW

SUITE IOSB

8859 VIRGINIA BEACH BUVD-

VIRGINIA BEACH, VIRGINIA 23452-7613

V.J.

ADMITTED DC

PEHNSTLVAHIA-VJRC1N1A

FAX (757) 486-3766

AREA CODE 757

463-5550

MATUNC >

P. O. BO)

VIRGINIA BEACH.

Match 17,1998

Mrs. Joyce P. Patterson-Beggs

1143 Center Parkway, #52

Lexington, KY 40517

Re: Jpint Demurrer

Patterson-Beggs v. Allied Brokers. Inc., et als.

Hampton Circuit Court-Part2

LawNo.: 97-36817

Dear Mrs. Beggs,

1 bring you good news on this St. Patty’s Day.

Judge Ford overrated the defendants joint demurrer on all points and ordered them to file

responsive pleadings by April 7. I enclose a copy ofthe order entered this morning

This means that we ate in court on one count in contract and one count in tort, each with a

for punitive damages of $100,000 and compensatory damages of $62,358.62. Once fee

defendants file responsive pleadings, we will proceed wife discovery.

We have cleared the first big hurdle to righting this situation for you.

Hope all are well .

Sincerely,

James M. Gallagher

JMG/pan

62-1

City of Hampton

Hampton

A*Sra$F9St

___

N0Vi6«*

November 15, 1996

db&siXLXTul3&

Home Paramount Pest Control Company

Attention: Keith Johnson

703-A Gumrock Court

Newport News. VA 23606

Re:

312 S. Willard Ave.

Hampton, VA 23664

Dear Mr. Johnson:

This tetter is written as a follow up to our phone conversation on November 13,

1996.

Nothing has been done since we met at the above referenced property on October

4, 1996.

We feel you have been given sufficient amount of time to correct the work in the

crawl space at the above referenced address and call for reinspection.

Please see that the work is completed and inspected by no later than December 4,

1996 to avoid further legal action.

Respectfully,

David H. Langillel

Senior Structural inspector

DHL/dw

cc:

Steven I. Shaprio, Director

DEPARTMENT OP CODES COk -'LIANCt

22 LINCOLN STREET, 1IAMPTC. i, VIRGINIA 23003

TELEPHONE .'804) 727-6150 F \X (804) 727-8557

\o 3 V> — S

jVH

Cily of Hampton

Ocfohei 30. 1996

Mr. John Pane

.D.8.A. Panco Service Co.

105 N. First Street

Hampton, VA 23664

RE:

Repairs to Residence

and Accessory Structure

312 S. Willard Ave.

Hampton, VA

Dear Sir:

This letter is lo inform you that you are in violation of the Virginia Uniform

Statewide Building Code (VUSBC), Section 105.0 and Section 110.0 for:

1} Failure lo obtain permits

2) Failure lo obtain inspections at the above referenced address

Please obtain permits within five (5) days and inspections within fifteen

(15) days of receipt of this letter. Thank you.

■ --Respectfully,

Robert Burns

Chief Inspector

dbp

DEPARTMENT OF CODES COMPLIANCE

22 LINCOLN STREET. HAMPTON. VIRGINIA 23GG9

TELEP1IONE (804) 727-0150 FAX (004) 727-0557

t^ab-3

TAYLOR & WALKER, P.C.

ATTORNEYS AT LAW

1300 FIRST VIRGINIA TOWER

3SS MAIN STREET

POST OFFICE BOX 3490

WILLIAM C. WALKER

GERARD EL W. VOYER

JAMES A. GORRY. in

JAMES E. ORYOGES. JR.

•JOHN FRANKLIN. lit

JAMES E. VAIOEN

|S HOY £11997 i

NORFOLK, VIRGINIA 23S14

TELEPHONE 757-623-7300

TELEFAX 737-625-1504

haroio e. bsll

raaiMf?!?

BRIAN N. CASEY

JAM69C. McCAA n. TEMPLE MAYO

DONNA WHITE KEARNEY

MARY MARGARET CAUAHAN LYONS

RICHARD W. ZAHN

BRADFORD C. JACOB

MARKB. KILOUFF

DIANA L. WHITE

Administrator

THE COMMONWEALTH BUILDING

7301 FOREST AVENUE

sum 204

RICHMOND. VIRGINIA 23226

- TELEPHONE B04-673-0341

TELEFAX €04-675-2001

REPLY TO:

Norfolk

- November 19, 1997

lame? M. Gallagher, Esquire

Post Office. B.0^8035..

VffpuarBeacB, VA 234ft'

Re: £>yce P- Patterson-Beggs and Cornelius Bobbitt Patterson, an infant by Joyce P. PattersonBegg^ his next friend v. Allied Brokets, Inc., Ann W. Pane, John Pane d\b\a Panco Service

Co., Home Paramount Pest Control Companies, Inc., Shirley Man* and Carolyn Robinson

At Law No. 97-30017

Dear Jim:

Please find enclosed an Order which 1 believe reflects the Court's ruling in the above-referenced

If the Order meets with your approval, 1 would ask that you please obtain the endorsement of the

other counsel on November 24, and file it with the Court at that time. I would also ask that you please

request the Court to send me a certified copy as I will not be present on November 24.

Please let me know if you have any questions.

-• 3B&W«ld-*98lMds. I remain ____

Sincerely,

TAYLOR & WALKER, P.C.

/? /

Jdsr

RWZjr/dsb

Enclosure

cc:

Richard W. Zahn, Jr.

Bryan D.' Lyde, Esquire

Richard AtLee, Esquire

Mr. Tom Reynolds [Claim No. 34-49636]

Mr. John Kam

63 b

THIS ENDORSEMENT CHANGES THE POLICY

PLEASE READ IT CAREFULLY

PEST CONTROL PROGRAM

POLICY CHANGE NUMBER: 4

• ‘ POLICY NUMBER

PCW100484

POLICY CHANGES

EFFECTIVE:

05/31/96

COMPANY

CONNECTICUT

INDEMNITY COMPANY

NAMED INSURED:

AUTHORIZED REPRESENTATIVE

HOME PARAMOUNT PEST CONTROL, INC. ET AL

W.H. BROWNYARD CORPORATION

COVERAGE PARTS AFFECTED:

CHANGES

>k .

S K ofD™™l^?.AGREED ™AT ™e

FORM NUMBER CG24041093

NO PREMIUM CHANGE.

08/20/96 NS

j^cP-aJ^L 0AUTHORIZED REPRESENTATIVE SIGNATURE

-Pb -I

AFFIDAVIT FOR SERVICE OF PROCESS ON THE

SECRETARY OF THE COMMONWEALTH

Commonwealth

TO THE PERSON PREPARING OBIS AFFIDAVIT: Yootcgftgapiy vrfthlfa appwpKite mamantt fated cafe bade ofQw form.

Attadunes d

^ Noticeof Motion fiir Judgment and Motion ft? Judgment

Subpoena in Chnnceiy and Bill of Complaint

lfrnni<ihwwnt Summnns

,f ?»

I,the tmdt rsifpied Affiant, state under oath that

dm qbovesamed defendant

whose last known editress is:

santeasobovo

is a non-ceadfflt ofthe Cbnmxmwcnidi oTViigirda or a foreign corporation end "Virginia Code § 8.01-328.1(A)

applies (sec NON-RESIDENCE GROUNDS REQUIREMENT on reverse).

is a person rvbotn the party seeking service^ after exercising due diligence^ has been unable to locale (see DUE

TOUGENCE REQUIREMENT ON BACK)

_yj>

_________ ^^gsr-- pi. —'‘^S&ZsOlZ.

date

Stmo of. jSbofw-t.....

AMmAorlrvigoH qtWfnVij unH

..J>A?A(

DATE

wS^

dty

~ytzz.

Uffp- CLERK-/

-coua^-of — yJ&OlJzdtCi

MAGISTRATE

HOTARY reside

NOTICE TO THE RECIPIENT gbaijjtbQfjice oftbs Secretary of the CcmmmweahhjogTTugnria

You are being served with this notice amTEgaehod■pteadiBg»-uinler. flocUmrfl[oi-329 of the Code of Viigmia which

designates the Secretary of the Commonwealth as statutory agent for Service of Process. The Secretary of the

Commonwealth's ONLY responsibility is to mail, by certified man, return receipt requested, the enclosed papers to you.

Ifyou have any qoesti<SB concerning djeso documents, you may wid\ to seek advice fium a lawyer.

SERVICE OF PROCESS IS EFFECTIVE ON THE DATE THAT THE CERTIFICATE OF COMPLIANCE IS FILED

WITH THE ABOVE-NAMED COURT.

CERTIFICATE OF COMPLIANCE

J.theundssii

;jn the Office of die Secrersxy ofthe Commcmvasltfa, hereby certify the foilowing:

1. Oo........

•U*3*2001........*.......... ., legal service in die fibave-styled ense was made upon the Secretary

of the Conunonwealth, as statutory agent for persons to be served in eccoidmce with Section 8.01-329 of the Code of

Virginia, as amended.

^P.R A 2.., papers described in the Affidavit were forwarded by certified mail,

2. On

return receipt requested, to the party designated to be servok^tiiprocsss in the Affidavit

S£2YlCEOFFEOCES3CLEeX.Dt3l{£

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£lilXl.£Y'MAKKA

CAROi.YN KOUit'CSCN

a««l

JOHN W.!YVNJt

tttNCOSERV.Ce

CO.

^fouJanv:

order

Hiiscaics-ram.; to&i hcjstvi«c™. .i_

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SA/

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.