Cumberland Valley National Bank has filed a lawsuit seeking to foreclose on the former Kim’s Hometown Pharmacy property.
In the lawsuit filed Friday in Whitley Circuit Court, the bank is foreclosing on the property located on U.S. 25W in Williamsburg because of an outstanding mortgage balance of $28,598.28, along with an additional $1,702.82 in accrued interest, along with a second mortgage with an outstanding balance of $76,118.62.
The lawsuit names Kim’s Hometown Pharmacy, Inc., Kim Jones and her husband, Doug, along with the Kentucky Department of Revenue, Kentucky Division of Unemployment Insurance, Internal Revenue Service, Independent Capital Holdings, LLC, and City of Williamsburg as defendants in the suit.
The suit notes that the Kentucky Department of Revenue, Division of Unemployment Insurance, Internal Revenue Service, and City of Williamsburg have each previously placed liens on the property over various unpaid taxes.
In the lawsuit, bank officials are seeking to have the property sold with the proceeds first being used to pay off the bank. Anything over and above that would then go to pay off the outstanding tax bills.
Kim Jones remains incarcerated in federal prison following her conviction and sentencing on charges of unlawfully dispensing controlled substances and dispensing controlled substances to patients outside the scope of professional service.
Jones, who owned and operated Kim’s Hometown Pharmacy, was sentenced in June to six-and-a-half years in prison.
According to testimony at the trial, which lasted eight days, Jones repeatedly filled prescriptions for significant quantities of Oxycodone and other controlled substances from a variety of out-of-state doctors.
The customers were area patients who had travelled as far as Boca Raton, Florida, near Miami, to secure the prescriptions. The evidence also established that Jones dispensed controlled substances to certain customers who did not have valid prescriptions at the time Jones dispensed the medications.
While Jones was found guilty of two of the seven counts of unlawfully dispensing controlled substances, prosecutors argued that it was part of a much larger pattern, which the court could take into account in sentencing.
Prosecutors pointed to the charts presented during the trial showing the history of several customers who had presented prescriptions for the Schedule II pills from doctors in Florida, Tennessee, Virginia and West Virginia to be filled at the pharmacy.
The distance traveled to secure the prescriptions, along with the fact that the source frequently changed, and several of the doctors were known to face legal troubles for writing such prescriptions, were one of a number of “red flags,” that should have given Jones pause before filling them.
Jones’ attorney Ned Pillersdorf reiterated at the sentencing hearing that Jones was familiar with the patients for whom she filled these prescriptions and knew the medical reasons for them to take such drugs.
“You had a professional responsibility to say, ‘No,’ and you said, ‘Yes,’” U.S District Court Judge Gregory VanTatenhove said to Jones before handing down the sentence.
“You engaged in conduct harmful to the community,” he said.