Jan. 12, 2012

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Lost donation case moving forward
Priest, group to visit storage firm

By JESSIE FORAND | St. Albans Messenger
jessie@samessenger.com


A six-foot-wide, 30-feet long, three-ton shipping container that took three years to fill with humanitarian goods meant for the Congo now stands empty in the Red Barn Warehouse and Storage in Georgia.

A local priest who coordinated efforts to fill the container claims the items – donated by locals and valued at more than $30,000 – were illegally disposed of, but the new owner of the business says the contents were confiscated when a predetermined date for their removal passed.

The Rev. Daniel Lokanga, the parochial assistant priest at Holy Angels Catholic Church in St. Albans and Ascension parish in Georgia, believes he is a victim of fraud and filed a civil lawsuit in Franklin County Superior Court.

Due to lack of response from the defendants in the case – Al Belval, Paul Barrenger, Jane Barrenger, Harvest Moon Enterprises, Inc., Red Barn Storage and Warehouse and Neal Doe – the file was unavailable for viewing in superior court. But 30 days have passed, and the file is now out in the open.

Belval is the former owner of Red Barn Storage; Barrenger its current owner. The company is a branch of Nevada-based Harvest Moon Enterprises. 

According to a complaint and petition for relief filed by Lokanga on November 30, he purchased a shipping container from Belval on Sept. 14, 2008 for $1,700, which Belval stored at 35 Heritage Rd. in Georgia. Belval is said to have offered to help fundraising efforts.

Lokanga is represented by Richard McCormick of North Country Legal Collective. The defendants are represented by Chad Bonanni and Elizabeth Casey of Bergeron, Paradis and Fitzpatrick, LLP of Essex Jct.

Lokanga claims the defendants have prevented him from accessing the container, valued at $32,420.

According to an itemization in the file, the container contained a laser eye machine valued at $2,000, clothing and shoes, medical supplies, books, a bicycle, sewing machines, school supplies, toilets, hospital beds, mattresses, walkers, computers and more. Also stored was a 2000 Dodge Durango, titled to Lokanga. 

Lokanga’s complaint alleges he learned the defendants planned to extort money from him, so he attempted to remove the container but was allegedly prevented in doing so and “was chased by defendants from the property with threat of violence,” it reads.

Lokanga asked the court allow him to retrieve his property and compensate him for actual and punitive damages and pain and suffering caused by the defendants’ alleged actions.

Lokanga also filed an affidavit alleging Barrenger emptied the container and took the contents to the dump. His filings said the defendants sold items online via eBay.  Lokanga said he spoke with a woman who told him she saw the contents on sale at the Red Barn.

“I have never received any sort of notice or any other sort of notification regarding the seizure/forfeiture of this property,” Lokanga wrote.

Judge Robert Mello ruled December 14 that Lokanga may pick up items belonging to him, inspect the premises for additional items and photograph any items he believes belong to him. Mello ordered the priest’s counsel give 72 hours notice prior to entering the property.

Lokanga has gathered a group – including the members of the Knights of Columbus’ Friends of Father Daniel Committee – who will visit the Red Barn this week.

The defendants responded December 21, denying Lokanga’s claims and entering allegations of their own. They claim Barrenger attempted to contact the priest to have him remove the storage container and that Lokanga didn’t respond and failed to remove his personal property or pay rental fees, per a verbal agreement of $100 per month between Belval and Lokanga.

They in turn ask that Lokanga pay rent from July 1, attorney’s fees, litigation costs, punitive damages and relief deemed proper by the court.

Most recently, an entry order was filed December 27, signed by Mello.
This order formalized the opportunity for Lokanga and those enlisted for help to remove the personal property.

A second storage container, already shipped by Lokanga last year, is still held at a port in the Congo. Officials there said the items could be sold for profit and are not necessarily meant for establishing the school and health program long-planned by the Catholic priest.

 

 

 

 

 

 


File photo by Nat Worman
The Rev. Daniel Lokanga and friend Dorothy Bedard in September 2010 stand by the shipping container they and other friends loaded for shipment to the Congo. Lokanga and his lawyers now allege that the company holding the container in storage either sold or discarded its contents valued at more than $30,000. A police investigation has begun, and a civil suit has been filed.

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