Complaint Review: TopLine Industries The Walk-In Bathtub Store "James Kirk Isenhour" "Matt D Ballard"

I've know Matt since 1996 when we worked for the State Prison system, he was fired from there for writting a false incident report, got him a job as a Private Investigator, he got arrest in Ga for stalking, got arrested in Fl for Domestic Battery and is still a low life. The guy Kirk is a good friend of his and is also into shaddy businesses and been arrested numerous times. If you are looking for Matt or his wife Brandie you will find him in Inverness,FL and you may find Kirk near him or with him. The Ballard's have a long history of ripping off people, look up Larry Ballard in Ocala area arrest, this is his uncle. I hope they get whats coming to them..

I am requesting information on Kirk Isenhour. I need information on a motor home that he took from one of his clients and now she can not reach him. She would like the motor home returned so that she can give it back to the Lein Holder. I have no way of making contact with Mr. Kirk Isenhour and I am hoping that someone knows where he can be reached or has any information regarding this motorhome, my toll free number is 1-888-345-0753. Ask for Nicole Miller.

Your statement of reprisal in your last posting is typical,

"I also want to make it clear that if you make statements that are untrue and carry on a war of untruths and lies there are consequences: And THIS IS THE CONSEQUENCE;"

My last posting was to make a statement as to why Mr Isenhour thinks he can threaten reprisal to anyone who tries to warn other seniors about the fact that there is a very good chance that you could be paying for something that you will not receive. It happened to me the way that I said and it reflects in his past business practices. I informed people that if you don't believe me then here is where you can find the information. Judge for your self. I am sorry Mr. Isenhour if the truth hurts but it is the truth. I don't see anything else that that a person of conscience can do but to let others know by this publication. Lisa is correct. You undoubtedly, given enough time, will make the plunge into the criminal justice system all on your own. You seem to have trouble with the boundaries set fourth by societies laws.

Speaking of laws. I would like to clarify that I don't believe that Mr. Tucci had anything to do with his client publishing an accusatory document with his name on it. Mr. Tucci is an upstanding local professional who just happens to have, in my opinion, a crooked client.

Mr. Isenhour and his old criminal defence attorney Gregory E. Tucci want to siue me for $15,000 for Liable plus court and attorney fees. Truth is The best defence against Liable.

"Resistance to tyrants is obedience to God." --Thomas Jefferson

"If we wish to be free, if we mean to preserve inviolate those inestimable privileges for which we have been so long contending, if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon until the glorious object of our contest shall be obtained _ we must fight!" --Patrick Henry

I find it absolutely incredible the extent that some people will go to to either transfer blame or try to damage someone who was not and is not a fault here

The statements made by Ms Rivera here are not true.

It is also interesting to find someone like Lisa, who was the sole owner of the company and only officer of the company when she took funds from several people for tubs that she never ordered from a third party manufacture or never produced her own tub for delivery, ties to put the blame on someone else.

Make it clear, I never was a signer on Lisa's checking account and never touched a single dollar of money the Lisa Arden took from Rivera or any other person.

I also want it to be clear that if you chose to make statements such as have been made by Ms Rivera, there are consequences:

IN THE COUNTY COURT, IN AND
FOR MARION COUNTY, FLORIDA.


DORIS A. RIVERA, CASE NO.: 2009-202-SC
12224 SE 82nd Terrace
Belleview, FL 34420
Plaintiff,
vs.

WALK-IN BATH TUB STORE
JAMES KIRK ISENHOUR,
Defendants.
________________________________________
________________________________________
ANSWER
________________________________________
________________________________________
COMES NOW, Petitioner, JAMES KIRK ISENHOUR and TOP LINE INDUSTRIES, LLC, through counsel and files this its Answer to the Amended Statement of Claim filed herein and says:

1. Defendant denies Plaintiff's Statement of Claim to the extent that Plaintiff had no dealings with JAMES KIRK ISENHOUR nor TOP LINE INDUSTRIES, LLC when she purportedly purchased a tub for $4,950.

2. Defendants would affirmatively state that Plaintiff dealt with a Lisa Arden, president and sole stock holder of Walk-In-Bathtub Store, Inc. and paid Lisa Arden the sums complained of for the tub at issue.

3. Defendant ISENHOUR at a later date purchased stock in the Walk-In Bathtub Store, Inc., but learned that Arden had misrepresented the liabilities of the business and concealed the fact that she had taken monies from numerous customers and not delivered tubs, including Ms. Rivera. Based thereon, Walk-In Bathtub Store, Inc. ceased doing business.

COUNTERCLAIM

COMES NOW, JAMES KIRK ISENHOUR, and TOPLINE INDUSTRIES, LLC and files this their Counterclaim against Plaintiff, DORIS A. RIVERA, and says:

GENERAL ALLEGATIONS

1. This is an action for damages in excess of $15,000 over which this court has jurisdiction.
2. DORIS A. RIVERA is an individual believed to reside in Marion County, Florida.

3. Defendant, KIRK ISENHOUR, is an individual residing in Marion County, Florida.

4. TOPLINE INDUSTRIES, LLC is a limited liability company with offices in Marion County, Florida.

5. That in August of 2008, Plaintiff had business dealings with Walk-In Bathtub Store, Inc. and its President and sole stockholder, Lisa Arden.

6. That on that date Plaintiff, through her agent, paid Lisa Arden $4,950 cash for a tub, which was to be installed at her home.

7. That in mid-September of 2008, JAMES KIRK ISENHOUR purchased stock from Lisa Arden in the Walk-In Bathtub Store, Inc.

8. That in late September, 2008, RIVERA contacted the Walk-In Bathtub Store, Inc. and spoke to MR. ISENHOUR who advised her that he had just gotten involved in the business and would have to review her claim and see if there was anything he would be able to do.

9. Shortly thereafter, JAMES KIRK ISENHOUR learned that the Walk-In Bathtub Store, Inc. had over $200,000 of debt which Lisa Arden withheld from him at the time of the stock purchase and learned that Lisa Arden had retained monies paid by prior customers including DORIS A. RIVERA and neither returned their funds to them nor delivered and installed the tubs.

10. That Lisa Arden retained RIVERA's funds and never paid them to ISENHOUR or TOPLINE INDUSTRIES, LLC and Arden never purchased a tub for RIVERA and never delivered such tub to ISENHOUR nor TOPLINE INDUSTRIES, LLC.

11. Given the misrepresentations of Arden and the acts of Arden, ISENHOUR finally advised RIVERA the Walk-In Bathtub Store, Inc. had no funds nor tubs available due to the acts of Arden and the Walk-In Bathtub Store, Inc. closed in November of 2008.

12. ISENHOUR formed the TOPLINE INDUSTRIES, LLC, a Florida Limited Liability Company and is a managing partner therein.

COUNT I

13. This is an action for defamation.
14. Counter Plaintiffs adopt the allegations set forth in paragraphs 1 through 12 above.

15. That on or about February 8, 2009, RIVERA posted a document on the internet under the Ripoff Report. A true and correct copy of that document is attached hereto as Exhibit 1.

16. Therein in the second and third paragraph RIVERA describes a hard sell strategy taken by a woman she was dealing with. That woman was LISA ARDEN, to whom as the next paragraph in Exhibit 1 attests, she paid $4,950 cash for the tub.

17. In Exhibit 1, RIVERA admits talking to JAMES KIRK ISENHOUR who told her that he did not know what she was talking about, which is more particularly set forth in paragraphs 8 and 11 above.

18. That as more particularly set forth in Exhibit 1, RIVERA has stated the following:

"Topline Industries, The Walk-In Bathtub Store James Kirk Isenhour' Matt D.
Ballard' Fraud Theft scam Deceptive senior elderly bathtub Walk-in Criminal
Handycap Ocala, Mount Dora, Dunnellon Florida"; and,

"This instrument of fraud: www.walkinbathtubstore.com after causing so much damage in Lake County and racking up too many law-suits recently moved into Marion County under a new name: TopLine Industries located at: 2855 South Pine Avenue, Ocala, Florida 34471. James Kirk Isenhour's newest scam of a long line of scams. This felonious individual has been getting over on Florida's citizens for decades but finds some way go weasle out of it every time. He even gloated about it in an e-mail to me. I don't make these statements lightly. They are true and I have researched the truth. Google James Kirk Isenhour'. You can also do a public records check at (((link redact ed))) Make sure you pull down the cursor to allow for 500 records, as there are 137 of them dating back to 1984." "Contact conspirators, Lisa Arden, Monica Kosto, Matt D. Ballard, Lauen Isenhour or owner and long-time career criminal, James Kirk Isenhour, at: 11561 Camp Drive, Dunnellon, FL 34432." walkinbathtubstore@yahoo.com
jkirk47@yahoo.com.

19. That the false accusations of RIVERA were done maliciously and with an intent to injure and constitute liable per se.

20. That the actions of RIVERA have caused damage to TOPLINE INDUSTRIES, LLC and JAMES KIRK ISENHOUR personally.

WHEREFORE, Counter Plaintiffs, JAMES KIRK ISENHOUR and TOPLINE INDUSTRIES, LLC, demand judgment against Plaintiff, DORIS A. RIVERA, together with costs incurred.
COUNT II
INJUNCTION

THIS IS AN ACTION for an Injunction and cease and desist order.

21. Plaintiff adopts the allegations set forth in paragraphs 1 through 20.

22. By virtue of Plaintiff's actions as more particularly set forth in paragraph 18, Plaintiff continues the wrongfully damaged Counter Plaintiffs.

23. The harm Plaintiff is doing is irreparable. That Plaintiffs should be enjoined from continuing to damage Counter Plaintiffs on a temporary and permanent basis and/or the court should enter a cease and desist order and upon trial in this cause, and findings favorable to Counter Plaintiffs, order Defendant to publish a retraction and apology on that website.

WHEREFORE, Counter Plaintiffs, TOPLINE INDUSTRIES, LLC and JAMES KIRK ISENHOUR, demand judgment against Counter Defendant, DORIA A. RIVERA, together with costs incurred.


GREGORY E. TUCCI, ESQUIRE
______________________________
Gregory E. Tucci
225 NE Eighth Avenue
Ocala, FL 34470
(352) 622-1241
Fla. Bar No. 144405
Attorney for Defendants/Counter Plaintiffs.


Note: The jurisdiction of this action is in Florida

This was posted on Craigslist in Charlotte, N.C under "financial services". Now Isenhour is trying to get the big bucks from another victim to be. Guaranteeing a return of investment of 150% (which is illegal), and making an offering of solicitation in a public forum. HE is simply a sleazy crook.

Reply to: serv-yqbeb-1112839019@craigslist.org [Errors when replying to ads?]
Date: 2009-04-08, 11:47AM EDT


LOOK at what is happening in the world around you what do you see?

Did you know that 300 Americans each hour turn 65 and that one in three will fall resulting in serious injury. Most of those falls will happen in the home and most likely in the bathroom.

Aging Americans make up the fastest growing consumer market place and products and services serving this market are becoming the most profitable segments of our economy today.

Baby Boomers coming of age, millions of Americans representing the most financially secure market base plus access to Medicare, Medicaid, and government funding for health and medical requirements.

An example of this are Doctor's giving prescriptions left and right for the medical necessity of medicare approved motorized wheelchairs How did most of these necessities come about and how did these companies capitalize on their mass marketing strategy with the government's help to maximize profits.

Someone took an idea and ran with it! HERE IS OUR IDEA!!

We manufacture and sell the best quality American Made Walk-in Tub and we already have a temporary medicare code approval( www.walkinbathtubsusa.us )

Let's marinate on that for a minute. TIME'S UP!

We are expanding our manufacturing facility and we need serious investors who are looking take advantage of this economy, this opportunity, and the added bonus of making a serious return!

What Kind of Return??

We are offering a guaranteed return on investment plus stock options and a potential public offering in 3 years
This is an intelligent investment,, the market is huge and has practically no penetration, the competition is "small" and we have the edge...


For information call Russell at 352.572.3614 and let's make a difference today!
Russell Long
Executive in Marketing, Advertising, & Sales
Topline Industries, Inc.
2855 South Pine Avenue
Ocala, FL 34471
352.572.3614



it's NOT ok to contact this poster with services or other commercial interests


PostingID: 1112839019