Dec. 17
Donald Moffitt and Vicki Moffitt v. Timothy Larson d/b/a D&T Enterprises
PA- Kevin Coleman; J- Madden
* A judgment entry is requested in favor of contractual agreements for home improvements. As direct and proximate results of the remediation to duties, a total amount of $22,347.35 was expended.
Case number: 07-C-317

Dec. 18
James L. Reid and Sandra S. Cumpston vs. June Ann Reid
PA- Patrick McDermott; J- Karl
* Due to suffering from dementia and after the death of his wife of 50 years, James L. Reid remarried. When he was in the hospital, assets owned by him were sold. An Order enjoining Reid from selling, transferring, and liquidating his property is sought.
Case number: 07-C-320

Dec. 19
John Och, Sharon Och and Och Contracting, Inc. vs. United Bank, Inc., a corporation, and individually, and United Bankshares, Inc., a corporation, jointly and Individually.
PA- Mark Kepple; J- Madden
* As a United customer for 40 years it is claimed during litigation that personal actions related to matters at issue between the Contracting and Och were described. This conduct exposed the Bank’s fraudulent conduct and violation of laws. As a result Och was required to liquidate assets of $14,000 to cover legal expense. Judgment in the amount of $750,000 as compensatory damages and punitive damages in the amount of 1.75 million dollars is sought.
Case number: 07-C-321

Dec. 21
Moundsville Ventures 2004, LLC, and Martin E. Potts, vs. City of Moundsville, West Virginia, and Ralph DiRemigio
PA- William Ihlenfeld, II; J- Karl
* Potts specializes in assisting Cities obtain retail development. Judgment is requested to find if the City was unjustly enriched by making misrepresentations and with breach of the implied contract, fraud, conspiracy to defraud and negligent governmental acts. As direct and proximate cause damages set forth have been sustained and as a result of the wrongdoing punitive damages are sought.
Case number: 07-C-322

MOUNDSVILLE – A Marshall County man has filed a suit against a drug store after he slipped in the parking lot and suffered injuries.

Randall C. Morgan and his wife, Sandra L. Morgan, filed the suit Dec. 14 in Marshall Circuit Court against Rite Aid of West Virginia Inc.

According to the suit, Randall Morgan went to Rite Aid in Moundsville on Dec. 2, 2005, when he slipped on ice in the parking lot. Morgan suffered injuries to his right wrist and other non-physical injuries.

Morgan claims Rite Aid failed to keep their premises safe and failed to warn of an unsafe area.

Sandra Morgan claims she suffered injury to her marital relationship with her husband, with a loss of assistance, comfort, companionship, consortium and services.

Randall and Sandra Morgan seek compensatory and general damages.

Attorney Thomas E. White is representing the Morgans.

Marshall Circuit Court case number 07-C-301

MOUNDSVILLE – A Marshall County woman filed a wrongful death suit on behalf of a woman who died while receiving medical care, seeking $125,000 for the estate.

Sarina L. Davis filed the suit on behalf of Elizabeth K. Westen in Marshall Circuit Court against Mound View Health Care Inc.

According to the suit, Westen was in a health care facility until March 21, 2003, when she was transported to Reynolds Memorial Hospital for medical care. While at the hospital, she was diagnosed with a fractured femur, which required surgery and hospitalization.

However, Davis claims Westen was neglected under the care, control and supervision of the hospital. She suffered physical pain and suffering and physical and emotional distress prior to her death on March 23, 2003.

In the five-count suit, Davis seeks $125,000 in damages to cover the expenses for the estate.

Attorney Ronald Kasserman is representing Davis.

Marshall Circuit Court case number 07-C-296

Jan. 2
Reynolds Memorial Hospital vs. Jessica Christman
PA- John Jurco; J- Karl
* Reynolds claims $6,944.17 is owed for medical services provided between Nov. 2005 and Feb. 2007.
Case number: 08-C-2

Reynolds Memorial Hospital vs. Daniel R. Johnson
PA- John Jurco; J- Karl
* Reynolds says Johnson owes $5,225.75 for medical services provided in April 2006 and June and Aug. 2007.
Case number: 08-C-3

Reynolds Memorial Hospital vs. Robert Brian Beever
PA- John Jurco; J- Karl
* Beever owes for medical services provided between Dec. 2002 and Dec. 2006, for a total of $5,538.10.
Case number: 08-C-4

Jan. 3
L. Nelson Interiors Inc. vs. Michael I. Cato dba Cato Construction, Michael I. Cato and Shelly L. Cato
PA- David Liberati; J- Madden
* Nelson Interiors seeks compensation and general damages in the sum of $7,272.16, along with an order that the recorded Mechanic’s Lien be found to be perfected and preserved on the building or other improvements appurtenant to the property located at 303 3rd Street, Glendale.
Case number: 08-C-5

Vickie B. Kuhn and Larry W. Kuhn vs Troy Richmond, dba Rush Run Woodworks, New Martinsville Supply Company, Inc., dba Ace Home Center, and Manufacturers & Trade Trust Company, dba M&T Bank
PA- J.D. Miller; J- Karl
* An Order is sought, jointly and severally, against Richmond and Ace, in a determined amount for compensatory, contractual, punitive damages with pre/ post judgment interest, attorney fees and costs.
Case number: 08-C-6

Jan. 7
Erie Insurance Group vs. Elijah Anderson
PA- Jason Pockl; J- Karl
* Anderson was arrested and involved in a collision with a vehicle owned by Timothy and Teresa Carnahan. He fled the scene and was later arrested and charged with DUI, underage consumption, leaving the scene, failure to maintain control and grand larceny. Payment of $3.987.47 has been paid to date, plus $1,560.91 to the Carnahan’s.
Case number: 08-C-8

Jan. 16
Jack Schrumpf, Jr vs Anthony J. Karpinski, Comcast of Illinois/Ohio/Oregon, LLC d/b/a/ AT&T Broadband, and Comast Corporation d/b/a AT & T Broadband
* While operating a vehicle as an employee of AT&T/ Comcast, on Jan. 17, 2006, a collision involving injuries occurred and as direct and proximate result, medical expenses have accrued. Judgment is sought, jointly and severally.
Case number: 08-C-14

Autovest, LLC vs. Michelle L. Carney aka Michelle McGinnis
PA- Steve Recht; J- Madden
* It is said $12,653.75 is owed, with accrued interest of $4,601.93 on a security agreement on a 2001 Chevrolet Cavalier.
Case number: 08-C-17

Jan. 28
Mary M. Oliver and Gerald L. Oliver vs. Drew E. Meeker
PA-Christopher Turak; J- Karl
* While traveling on Route 38, she suffered a head on collision on October 6, 2007. It is said that the direct and proximate result of injuries suffered were due to wanton disregard of the safety of others by driving under the influence of alcohol. Additionally, loss of marital consortium is claimed and punitive and compensatory damages are sought.
Case number: 08-0c-22

Feb. 5
Christopher Paul Beaver, By and Through Addie Sue Beaver, His Mother, Guardian and Next of Friend, and Addie Sue Beaver, Individually vs. Daniel Wayne Garvick; The County Commission of Marshall County and Heather Diane Richards
PA- Robert Fitzimmons; J- Madden
*Traveling on Lafayette Avenue, on March 11, 2006, he was a passenger of the vehicle of driven by Richards when they were struck by a deputy sheriff’s vehicle. Judgment is sought jointly and severally, for the injuries sustained and the lost earning capacity.
Case number: 08-C-23

Feb. 8
Marion Weekly II and Billie Jo Weekly v. The Unknown Heirs of Charles Smith, is any whose names are unknown
PA- Eric Gordon; J- Karl
* It is requested that all unknown heirs appear so that the title to the subject property of the action be quieted and established and further that unknown heirs be barred to all right and interest in said real estate.
Case number: 08-C-26

Feb. 12
Ohio Valley Amusement Company v. Mound City Inc.
PA- Rodney Berry; J- Karl
* Within the last five years, O.V.A. has loaned Mound City a sum of $1,520,621 and demand is made for this amount, together with interest and costs.
Case number: 08-C-28

Feb. 13
In re the Child Jonathan Ellington & Barbara Burch vs. The West Virginia Department of Health and Human Resources & Bobbie Milliken aka Bobby Milliken
PA- Mark Blevins; J- Madden
* A verified petition seeks the immediate return of the child to his mother, without the waiver of other rights and remedies.
Case number: 08-C-29

Feb. 14
Melissa S. Estep, as Executrix of the Estate of Mary Catherine Lynch vs. David A. Estep, William Huggins (son), Danny R. Estep, Dustin D. Estep, Carrie D. Wood, Amanda A. Estep, Gregory S. Wood, William Huggins (grandson), Brian Huggins and Calvary United Methodist Church (Moundsville) PA- Thomas White; J- Karl
* Declaration is sought that Lynch’s estate was disbursed according to her intentions and that her assets be divided into percentages, respectively.
Case number: 08-C-30

Feb. 20
Robert N. Smith and Erin P. Smith v. The CIT group/Consumer Finance, Inc., First National Mortgage Banc Inc. d/b/a Eagle Mortgage Inc., and Lucille A. Forsch d/b/a/ L.A. Forsch & Co.
PA- Daniel Hedges; Bren Pomponio; J- Karl
* This action arises out of a practice known as predatory lending were a mortgage broker, out-of-county appraisers and a national lender act together to exploit unsophisticated consumers by persuading them to enter in to high –interest mortgage loans that are not supported by the value of their home. The Court is requested to enter judgment declaring the foreclosure sale of the property unlawful and order title vested with Smiths, along with costs and fees.
Case number: 08-C-34

Feb. 21
Parkvale Bank vs. Dave E. Barry Christy Barry
PA- Steven Recht; J- Mazzone
* Judgment is sought for $10,480.38, with interest due on a 1998 Pontiac Bonneville, through Straub Honda.
Case number: 08-C-35

Feb. 22
Graig Allen Long 610 Main Street Benwood, WV 26031 v. Elizabeth A. Merola 249 Pennsylvania Avenue McDonald, OH 44437 and Tony J. Merola 249 Pennsylvania Avenue McDonald, Oh 44437
PA- Don Yannerella; J- Karl
* A collision occurred on March 4, 2007, while traveling on Marshall Street in Benwood, for failure to maintain control. The alleged injury sustained is believed to be less than $75,000.
Case number: 08-C-36

Feb. 27
John S. Decrease vs. Susan A. Lunau, a/k/a Sue A. Lunau
PA- Shane Mallet; J- Madden
* Following too closely and failure to maintain control caused a collision on Route 7, in Bridgeport, Ohio, on Feb. 27, 2006. Compensatory and punitive damages are sought for his injuries, along with interest and costs.
Case number: 08-C-37

Feb. 29
Nathan North, a minor, by his next Friend and guardian, Chad North vs. Robert L. Flowers and Susan Flowers, and John Doe 1-100
PA- Christopher Turak; J- Madden
* North sustained bodily injuries that included lacerations across his left eye, forehead, cheek and mouth, when he was attacked by a dog, on June 26, 2004. Unreasonable actions and omissions to the care and control of the dog constituted a breach of duty. Medical treatment, general damages for pain, suffering, loss of future earning capacity, and suit cost are demanded.
Case number: 08-C-39

March 4
R. & M. Dairy Leasing, Inc., an Ohio corporation v. Ralph Chaplin, Ella Bea Chaplin, and James R. Pettit
PA- Arch Riley Jr. and W. Eric Gadd; J- Karl
* An injunction is sought preventing the withholding of cattle and enjoining and restraining their employees from turning cattle over to R&M.
Case number: 08-C-42

March 4
Ralph R. Hoyt vs. Cassandra S. Tweedlie and Nancy L. Tusic
PA-Christopher Heller; J- Madden
* On April 3, 2006, while traveling on W.Va. 2, failure to maintain proper lookout caused a collusion. He believes his injuries to be permanent and seeks compensatory and general damages.
Case number: 08-C-43

March 6
Hudson & Keyse LLC, assignee of Fifth Third Bank v. Vickie L. Cecil and David L. Gump
PA- Ryan Marsteller; J- Karl
* On Nov. 4, 2005, a contract to purchase a 2000 Toyota Celica was entered for which $7,905.77, plus interest and costs is demanded and owing.
Case number: 08-C-44

Bayer MaterialScience, LLC v. The Honorable Christopher G. Morris, State Tax Commissioner, and The Honorable Christopher J. Kessler, Assessor of Marshall County, and The County Commission of Marshall County
PA-Herschel Rose; Steven Broadwater; J- Madden
* It is claimed the Assessor is permitted one of three valuation approaches and that the cost approach calculation was incomplete. A request for reduction of the industrial personal property tax by $21,129.771, and that the value be fixed $124,019,289.
Case number: 08-C-45

March 10
Hudson & Keyse, LLC, assignee of Fifth Third Bank, v. Larry M. Myer
PA- Ryan Marsteller; J- Karl
* A simple note and security agreement, for the purchase of a 2006 Chevrolet Silverado, was entered into on September 1, 2005. Judgment is sought for $22,193.70 owed, along with pre –post judgment interest and costs.
Case Number: 08-C-46

Bayer Materialscience, LLC v. The Honorable Christopher G. Morris, State Tax Commissioner, and The Honorable Christopher J. Kessler, Assessor of Marshall County
PA- Herschel Rose; J- Madden
* It is claimed that the raw materials are immune from state taxation until they are introduced into the manufacturing process. Objection is raised to tax commissioner’s determination that these portions of its goods are not entitled to Freeport exemption. Judgment requesting an accurate assessment of the tangible personal property is sought.
Case Number: 08-C-47

March 12
Brian Davis v. Columbian Chemicals Company and Robert Riggenbach, an individual
PA- Nicholas Wininsky; J- Karl
* Compensatory damage for economic losses sustained as a result of the unlawful action of the employer for his termination on Sept. 17, 2007, is sought, along with punitive damages; pre -post judgment interest; fees and costs.
Case Number: 08-C-48

Beneficial West Virginia, Inc. vs. Marva L. Beyser and Danny E. Beyser
PA- Kurt Winter; J- Karl
* A written loan agreement was entered into on Aug. 3, 2006. A breach of contract between the parties has caused damage in the amount of $14,511.41. This amount, plus interest, attorney’s fees and costs is requested.
Case Number: 08-C-50

Mark B. Cain v. Troy A. Mackey
PA- Christopher Turak; J- Madden
* While traveling Sand Hill, on Feb. 21, 2008, he was struck when the center lane was crossed which resulted in injury. The consumption of alcohol was involved. Compensatory and punitive damages are requested.
Case Number: 08-C-55

March 19
Mary F. Flowers and Craig Flowers, husband and wife vs. Mark Anthony Turkoly
PA- Michael Simon; J- Karl
* While traveling East on Route 22, in Robinson Township, she was struck and sustained severe and disabling injuries. Damages, along with pre –post judgment interest are demanded.
Case Number: 08-C-56

March 20
Wesbanco Bank, Inc. v. Michael T. Snyder and Brenda S. Snyder
PA- Marie Bechtel; J- Madden
* A promissory note was secured with a mobile home as collateral. Payment has not been received, in excess of 90 days, and the entire principal sum, plus interest, is sought for $42,359.60. Eviction from the collateral securing the loan is sought, along with attorney fees and costs.
Case Number: 08-C-57

Helen “Chris” Nicholson, and Steven Nicholson vs. State Farm Fire and Casualty Company
PA- David Hummel; J- Karl
* Her vehicle was driven into, on Rte 2 N, on Sept. 13, 2007, for failure to yield and maintain proper lookout. She is expected to incur additional medical expenses and compensation is sought through underinsured motorist coverage.
Case Number: 08-C-58

March 21
The CIT Group/ Sales Financing, Inc. v. Dana Crawford, an individual, and Angela Crawford, an individual
PA- Arch Riley; J- Madden
* A security agreement was entered into, for $44,999.85, to financial the purchase of a manufactured home. A chapter 13 bankruptcy was converted to a chapter 7 and payment has not been tendered since April 2007. Immediate relinquish and surrender of possession of the collateral is demanded.
Case Number: 08-C-59

March 26
B.E.T., LTD., d/b/a Bridgeport Equipment & Tool, v. Consolidated Mechanical, Inc, Phillip O. Altman, and Certain Teed Gypsum West Virginia, Inc.
PA- Ronald Musser; J- Madden
* Contracts were entered into for the construction of a wallboard manufacturing facility (the “Project”). Credit terms were extended establishing an open account based solely on the credit application. The balance owing, of $19,509.50, is requested together with costs and a perfection of a lien.
Case Number: 08-C-60

March 26
Karen Daniels vs. Teletech Customer Care Management (West Virginia), Inc. and/or Teletech Holdings, Inc.
PA- Ronald Kasserman; J- Karl
* She claims her termination resulted as retaliation pertaining to her complaints regarding the hostile racial work environment. She seeks compensatory and punitive damages, both severally and jointly, with fees and costs.
Case Number: 08-C-64

Jane Criswell Rickman f/k/a Jane L. Criswell v. Home Loan Corporation, HSBC Mortgage Services, Inc.
PA- Bren Pomponio; J- Karl
* It is claimed this case is a predatory lending contract that misrepresents an exploitive ARM mortgage. HSBC further engaged in abusive and illegal debt collection. Actual damages and civil penalty of $4,300.00, along with attorney fees and costs are requested.
Case Number: 08-C-66

Mary E. Voltz and Myrna Nelson, Klova A. Morris, Reva J. Icard, Vicki L. Wood, William L. Liman, Aaron D. Litman, Dorothy D. Miller, Glen Miller, Jack Foreman, Julie Foreman, and Martha A. Leach
PA- Thomas White; J- Madden
* An Order is requested granting partition of the parties’ property by ordering its sale and division of the net proceeds, pro rata among the parties, according to their fractional interest.
Case Number: 08-C-67

April 1
Alvin R. Anderson and Jackie Lynn Anderson and John H. Anderson and Brenda Lynn Anderson v. Merit Contracting, Inc.
PA- Eric Gordon; J- Karl
* It was agreed that the location of an access road would be searched along an existing roadway. By cutting the road into the property their field was damaged. Compensatory and punitive damages are requested with interest fees and costs.
Case Number: 08-C-70

April 2
Citifinancial, Inc. v. Dale Morgan Cunningham and Teresa Ann Cunningham
PA- Jason Long; J- Karl
* A loan was made for a Caravan on Nov. 5, 2007 and a default has failed to be cured. $6,501.83 is due and owing as of Mar. 11, 2008 and judgment is sought with interests and costs.
Case Number: 08-C-72

April 4
Nationwide Mutual Insurance Company, as subrogee of David Burkett v. Megan Lynn Foose
PA- Ryan Marsteller; J- Karl
* As subrogee of the insured, judgment is demanded for $10,945.47, with pre –post judgment interest and fees and costs for the unjust enrichment.
Case Number: 08-C-74

April 11
Bayer Heritage Federal Credit Union, a corporation v. John M. Irvin
PA- Login Hassig: J- Madden
* On May 8, 2007, $15,000.00 was borrowed against a Promissory Note and $14,394.26 remains owing for which judgment is sought in full.
Case number: 08-C-79

Bell

CHARLESTON — Former West Virginia legislator Ramona Cerra and other prominent persons tricked school employees into changing their retirement plans, according to a suit filed earlier this week.

On behalf of teacher Cheryl Dougherty, Charleston attorney Harry Bell proposed a class action against Cerra, five other individuals and insurer American International Group.

Bell wrote in the complaint filed May 12 in Marshall Circuit Court that he would add the West Virginia Retirement Board to the suit.

Bell alleges that Cerra and the others harmed school employees by persuading them to switch from the Retirement Board’s old defined benefit plan to a new defined contribution plan.

He wrote that Dougherty found out in an April letter from AIG that her decision hadn’t worked out as well as she had expected.

Dougherty “detrimentally relied on the misrepresentations of defendants as they were actually losing retirement funds with defendants’ annuity, and/or that defendants’ annuity would in reality perform significantly below the levels” guaranteed by the defendants.

“Had they maintained their previously established accounts and not switched to defendants’ annuity, they would have earned significantly more over time and up to their retirement,” Bell wrote.

A significant number of system members may not yet know that they have suffered damages as a result of misrepresentations, he wrote.

AIG’s lawyer gave system members an option to switch back, he wrote, “but at significant personal cost.”

He alleged that AIG recruited and trained “undisclosed, prominent representatives” to misrepresent characteristics of the annuities.

He called the annuity “an exorbitantly commission-driven, front-loaded brokerage fee annuity.”

Cerra met with school employees at Dougherty’s place of work, Bell wrote, “at which time said misrepresentations were made.”

“Cerra led plaintiff to believe Cerra was a representative from the WV Retirement Board,” he wrote.

Cerra stated that the teachers’ retirement system was in grave danger and there would be no retirement by the time she reached the age 55, Bell wrote.

Cerra stated that a new system would allow employees to retire with even better benefits than those who remained in the old plan.

As a result of Cerra’s “pressure tactics” Dougherty purchased an annuity, Bell wrote.

In return, he wrote, Cerra received exorbitant commissions.

Bell also accused John Cook, Greg Garrett, Roland Rich, George Edwards, Clarence Burdette and 30 John Does of misrepresentations.

He proposed to certify a class of “all system members to which representations were made regarding the annuity and who purchased or transferred funds to the annuity.”

He wrote, “Defendants combined their skill, knowledge, resources, contacts, and other attributes and characteristics in order to engage in the single business enterprise of selling the annuity to plaintiff and class members by the use of misrepresentation and deceit.”

He wrote that they “engaged in a joint venture to obtain significant economic gain to the detriment of plaintiff and class members.”

William Bands and Tim Yianne of Bell and Bands also signed the complaint, as did former legislator Rusty Webb of the Webb Law Firm in Charleston.

April 16
Jason Weese vs. Barry Beresford c/o TKO Auto Express
PA- pro se; J- Karl
* Weese claims he purchased a vehicle from the defendant and soon after incurred serious problems with the vehicle’s air conditioner, battery and electrical equipment. He was told by TKO that it was not liable for the problems; further, he claims that when TKO made repairs, the vehicle was not fixed adequately and that the vehicle eventually stopped running altogether. He seeks compensatory damages.
Case number: 08-C-84

Judith Reilley-Feierstein vs. Paula Reilley, Trustee of Reilley Family Trust
PA- W. Eric Gadd; J- Madden
* Reilley-Feierstein seeks that the title for a parcel of property be granted to her and that a declaration be made stating that the aforesaid trust was not set up lawfully. In addition, she claims that West Virginia Code does not permit estates to hold titles to real estate.
Case number: 08-C-85

Robert Strobel d/b/a Strobel Construction vs. MSAA Partners, LLC
PA- Eric M. Gordon; J- Karl
* MSAA owes Strobel Construction sums of $39,241.80, $50,420.62 and $65,655 for construction projects performed at various restaurant sites in the Northern Panhandle of West Virginia. Strobel Construction alleges a breach of contract and seeks punitive and compensatory damages.
Case number: 08-C-86

April 17
April M. Delbrugge and James P. Delbrugge, Sr. vs. Matthew B. Fisher and The Cincinnati Insurance Company
PA- Robert P. Fitzsimmons; J- Madden
* The two parties were involved in an auto accident which, according to the Delbrugges, occurred as a direct result of carelessness, negligence, and recklessness on the count of Fisher. The Delbrugges seek compensation for property damages, medical expenses incurred in the amount of $50,167.86, and lost wages in the amount of $5,261.52. They also claim that the insurance company made late and incomplete payments violating the West Virginia Unfair Claims Settlement Practices Act. They seek damages from both defendants.
Case number: 08-C-87

April 22

Marvin L. Goodnight vs. Xtreme Cycles Outlet, LLC, GE Consumer Finance, Inc. d/b/a GE Money Bank & Michael M. Goodnight
PA- William J. Ihlenfeld, II; J- Karl
*Goodnight claims that the defendant was sold multiple all-terrain vehicles and that a sum exceeding $15,000 is still owed for their purchase. He alleges fraud, fraudulent concealment, negligent representation, cancellation of contract, and breach of duty and good faith, among other allegations. Goodnight seeks compensatory and punitive damages.
Case number: 08-C-94

April 24
Lisa McGill, Custodian of Logan McGill vs. Brian McGill
PA- Lisa M. Hawrot; J- Madden
* Ms. McGill claims that the defendant on multiple occasions withdrew funds from Logan McGill’s education savings account for his personal use. She seeks that the defendant be removed as a custodian of the account, that he account for and repay all funds removed, and that he be barred access to the account. Furthermore, she seeks damages and compensation for court costs and attorneys’ fees.
Case number: 08-C-95

May 1
Brian Timmons, Administrator of the Estate of Lewis C. Timmons vs. American Electric Power Company, Inc., & AEP Ohio, et al.
PA- James G. Bordas & Scott A. Windom; J- Madden
* Timmons claims that a hydrogen storage unit owned by the defendants exploded causing the wrongful death of Lewis C. Timmons, who was employed by AEP. He claims that the defendants are liable for failing to maintain safe working conditions and that they failed to perform a workplace hazard assessment as required by law. Timmons seeks compensatory and punitive damages.
Case number: 08-C-102

May 5
Beneficial West Virginia, Inc. vs. Laura J. Nolan
PA- Kurt J. Winter; J- Karl
* Nolan owes Beneficial West Virginia, Inc., $14,824.50 plus 27 percent interest. Beneficial West Virginia, Inc., seeks that amount plus attorneys’ fees.
Case number: 08-C-109

May 8
Joseph Braddock vs. Evelyn Siefert, Warden, et al.
PA- John D. Hoffman; J- Karl
* Braddock, an inmate at a West Virginia Department of Corrections facility, alleges he was administered improper medical care and treated with indifference by the medical staff at the prison. He seeks proper care and other relief.
Case number: 08-C-111

John Crane, Inc. vs. Continental Casualty Company and Continental Insurance Company, et al.
PA- George J. Anetakis; J- Madden
* John Crane, Inc., a defendant in another lawsuit, is alleged to be liable for injury/sickness and disease from asbestos exposure. They seek declaratory judgment on all related claims so that applicable dates of exposure incidences are established and they know what their insurance will require as a result of the incidences.
Case number: 08-C-112

May 9
Kevin Snyder and Deborah Snyder vs. Babcock and Wilcox Construction Company, Inc., and The Ohio Power Company d/b/a AEP, et al.
PA- Jacob M. Robinson; J- Karl
* Snyder claims he was injured while employed by the defendants when a bundle of metal fell onto a walking surface where he was located. He alleges negligence and carelessness on the part of the defendants and seeks damages and attorneys’ fees.
Case number: 08-C-113

May 12
Cheryl Dougherty vs. Ramona Cerra and John Cook, et al.
PA- Harry F. Bell, Jr., and Charles R. Webb; J- Madden
* Dougherty alleges common law fraud, misrepresentation, joint venture, and civil conspiracy on the part of the defendants after omissions on annuities she purchased for her retirement fund. She seeks compensatory and punitive damages.
Case number: 08-C-116

May 15
Eula Mae Koontz vs. Richard Koontz and Helen M. Koontz
PA- Charlene M. Foose; J- Madden
* Eula Koontz alleges negligence, breach of fiduciary duty, conversion, and breach of contract on the part of the defendants. She claims Richard Koontz owes $12,570.00 as a result of wrongful and illegal actions performed while he was the plaintiff’s power of attorney. She seeks that amount plus other damages.
Case number: 08-C-118

May 19
Michael W. Schmidt and Brenda Schmidt vs. Bayer Corporation and Bayer Material Science, LLC, et al.
PA- Guy R. Bucci; J- Karl
* Mr. Schmidt, a technician at Bayer Corporation, claims he was exposed to touline -2,4 diisocynate, commonly known as TDI, when a tank car dispursed the substance on him. As a result of the incident, he was diagnosed with permanent injuries including a major depressive disorder with psychotic symptoms. He alleges the defendants violated West Virginia State Code and seeks compensatory and punitive damages as well as interest and attorneys’ fees.
Case number: 08-C-121

May 20
Beneficial West Virginia, Inc. vs. Cassaundrae Nettles
PA- Kurt J. Winter; J- Karl
* Nettles owes Beneficial West Virginia, Inc., $10,553.72 on a loan agreement plus 27 percent interest. Beneficial West Virginia, Inc., alleges a breach of contract and unjust enrichment on the part of Nettles, and seeks the aforesaid amount plus attorneys’ fees.
Case number: 08-C-125

May 21
Melissa Sue Richmond vs. General Motors Corporation, et al.
PA- William J. Ihlenfeld, II; J- Madden
* Richmond claims she purchased a faulty vehicle from the defendant. She alleges a violation of West Virginia Lemon Laws, a breach of contract, a breach of implied and expressed warranties, and a violation of the West Virginia Consumer Credit Protection Act. She seeks compensatory damages.
Case number: 08-C-126

May 27
Frontier Insurance vs. Donald Dellget and Michelle Dellget
PA- Daniel T. Booth; J- Karl
* The Dellgets owe Frontier Insurace $196,120.19 plus 8.25 percent interest per annum. Frontier Insurance seeks that amount plus attorneys’ fees.
Case number: 08-C-129

June 2
Citifinancial, Inc. vs. Ray D. Harding and Ruby M. Harding
PA- Jason S. Long; J- Madden
* The Hardings owe Citifinancial, Inc., $10,011.17 plus interest. Citifinancial, Inc., seeks that amount plus attorneys’ fees.
Case number: 08-C-134

June 4
Richard and Linda Conner vs. Hunnell and Associates, Inc., d/b/a Auto Choice, et al.
PA- Gerasimos (Jerry) Sklavounakis; J- Madden
* The Conners claim they fell on a water hose located near a car wash owned by the defendant. They allege negligence and carlessness on the part of the defendant and seek compensatory damages for permanent injuries and subsequent medical expenses incurred.
Case number: 08-C-136

June 5
Ronald J. Reilley and Jane Ryan, et al. vs. Daniel Holmes
PA- Rodney T. Berry; J- Karl
* The plaintiffs claim that Holmes is refusing to allow them to remove their personal property from a piece of real estate owned by Holmes. They seek permission to access Holmes’ real estate so that their property may be returned to them.
Case number: 08-C-139

June 6
Danny J. Taylor vs. West Virginia Department of Transportation, Division of Highways
PA- David C. White; J- Karl
* Taylor claims that he was denied a job promotion while employed for the defendant. He claims he was the only applicant for the job and alleges discrimination and a violation of West Virginia State Code. He seeks compensatory and punitive damages for lost wages and emotional anguish.
Case number: 08-C-141

June 9
Beneficial West Virginia, Inc. vs. Marketta L. Anderson
PA- Kurt J. Winter; J- Karl
* Anderson owes Beneficial West Virginia, Inc., $17,149.38 plus 18 percent interest on a loan agreement. Beneficial West Virginia, Inc., alleges a breach of contract and unjust enrichment, and seeks the aforesaid amount plus attorneys’ fees.
Case number: 08-C-143

June 10
Mound City Inc. vs. Ohio Valley Amusement Company Inc.
PA- Kevin L. Neiswonger; J- Karl
* Ohio Valley Amusement Company owes Mound City $547,000 on an unpaid loan agreement. Mound City seeks that amount plus pre- and post-judgment interest.
Case number: 08-C-145

Mound City Inc. vs. Ohio Valley Amusement Company Inc.
PA- Kevin L. Neiswonger; J- Karl
* Ohio Valley Amusement Company owes Mound City $250,000 on an unpaid malpractice claim. Mound City seeks that amount plus pre- and post-judgment interest.
Case number: 08-C-146

June 19
Atlantic Credit and Finance Inc. vs. Angus Mac Fadyen
PA- Paul S. Atkins; J- Karl
* Fadyen owes Atlantic Credit and Finance $12,868.08 on a past due account. Atlantic Credit and Finance seeks that amount plus interest and other costs.
Case number: 08-C-150

Duvera Financial vs. Charles Furbee and Kathleen Naegele
PA- Steven M. Recht; J- Madden
* The defendants owe Duvera Financial $11,914.98 on a past due account. Duvera Financial seeks that amount plus 8.25 percent interest and other costs.
Case number: 08-C-151

June 25
Ohio Valley Amusement Company Inc. vs. Mound City Inc. and Frances Tucker
PA- Rodney T. Berry; J- Karl
* The defendants owe Ohio Valley Amusement Company $760,034.30 plus interest and other costs from a contractual agreement. Ohio Valley Amusement Company claims that sums loaned to the defendants constitute a contructive trust and lien against their real estate.
Case number: 08-C-156

June 30
Gribbins Insulation Company vs. Consolidated Mechanical, Inc., and Bovis Lend Lease, Inc., et al.
PA- Andrew N. Frye, III; J- Karl
* Gribbins Insulation Company seeks that the Court ascertain liens and priorities on a parcel of property belonging to the West Virginia Economic Development Authority and that it be sold to pay compensatory damages, interest and court costs.
Case number: 08-C-158

July 1
Frank M. Skvarka vs. Thomas M. Voitas and Patricia M. Aranowitz, et al.
PA- Thomas E. White; J- Madden
* Skvarka seeks that a parcel of real estate be partitioned. He also seeks the ordering of its sale and dvison of the net proceeds pro rata among the various parties involved.
Case number: 08-C-159

July 3
Brand Scaffold Rental and Erection of Pittsburgh, Inc. vs. The West Virginia Economic Development Authority and Certainteed Gypsum West Virginia, Inc., et al.
PA- Shawn R. Romano; J- Karl
* Brand Scaffold Rental and Erection of Pittsburgh, Inc., alleges a breach of contract, enforcement of mechanic’s lien, quantum meruit, and unjust enrichment. It seeks $597,517.60 plus interest and court costs.
Case number: 08-C-160

July 7
The Candle Company II Inc. vs. Robby M. Ross Sr.
PA- Victor O. Buente, Jr.; J- Karl
* Ross owes The Candle Company three separate amounts of $7,893.35. The Candle Company seeks the total sum as compensation.
Case number: 08-C-162

July 14
Asset Acceptance, LLC, and America Bank, N.A. vs. John J. Mercer
PA- Christopher J. McCarthy; J-Madden
* The plaintiffs seek that Mercer answer a complaint dealing with an arbitration award. They also seek interest and court costs.
Case number: 08-C-165

July 21
Deborah Barberio, Administratrix of the Estate of Samuel A. Barberio, Deceased vs. American Family Life Assurance Company of Columbus
PA- Jonathan E. Turak; J- Karl
* Barberio alleges a breach of terms of a cancer insurance policy claiming that the defendant failed to adjust a claim that was previously filed. She further alleges that the defendant acted in an unlawful, negligent, and reckless manner inflicting emotional distress on the plaintiff. She seeks compensatory and punitive damages on behalf of the estate.
Case number: 08-C-170

Ronald K. Harris vs. CSX Transportation Inc.
PA- Julie Riggle; J- Madden
* Harris claims that while employed by the defendant, he was exposed to dangerous and toxic exhaust, vapors, and fumes, alleging that CSX Transportation Inc. exhibited negligence and carelessness. He further alleges their failure to provide a safe work environment, to limit exposure to hazardous substances, and to provide safety equipment to employees. He incurred lost wages, physical impairment, and medical expenses, and seeks damages and other relief.
Case number: 08-C-171

July 25
Firewater Restoration Inc. vs. Powless Roofing Inc.
PA- Jeffrey W. McCamic; J- Karl
* The plaintiff requests that the Court appoint a Commissioner in Chancery to provide notice to potential lien holders to ascertain and report anyone who may hold a lien against the aforesaid property so that it may be used, rented, or sold.
Case number: 08-C-176

July 31
James Goddard vs. Brand Scaffold Rental and Erection of Pittsburgh Inc. f/k/a Safway Steel Scaffolds Company of Pittsburgh
PA- Sandra K. Law; J- Karl
* Goddard says he injured his shoulder while employed by Brand Scaffold Rental and Erection of Pittsburgh Inc. When he filed a West Virginia Worker’s Compensation claim and notified the company of the accident and injury, he was soon after terminated and replaced with other carpenters. He alleges retaliatory discharge and disability discrimination and therefore seeks compensation for all losses and damages.
Case number: 08-C-180

Aug. 7
James Mayhew v. Kroger Group Cooperative Inc.
PA- John L. Bremer; J- Karl
* Mayhew says negligence is the reason he fell and sustained serious injury to his lower back in an aisle at a Kroger store. He seeks compensatory damages plus attorney fees and costs.
Case Number: 08-C-182

Aug. 13
Bayer Heritage Federal Credit Union v. Jarrell O. Bailey II
PA- Logan Hassig; J- Karl
* Bayer seeks $12,916.41 on a defaulted promissory note. He also seeks pre- and post-judgment interest.
Case Number: 08-C-182

Aug. 14
Klear LLC v. Sali Group LLC and Columbian Chemical Company
PA- Patrick S. Cassidy; J- Madden
* Klear says Sali breached its oral agreement for $33,910.22. Klear also says fraudulent misrepresentation occurred when final disbursement of funds defeated Klear’s claim to seek enforcement of a mechanic’s lien, which would guarantee monies owed.
Case Number: 08-C-185

Aug. 15
Joseph Braddock vs. Northern Regional Jail, ET AL
PA-pro se; J- Madden
* Braddock says he was given improper medical care and attention, along with lack of protection by prison officers. He also reports of threats and abuse. He seeks counsel to represent him.
Case Number: 08-C-189

By Denise Simpson –Marshall Bureau
Aug. 18
Ashley Gregware, as Administratrix of the Estate K. Wolverton vs. Todd Dolin I
PA- Thomas E. White; J- Karl
* A wrongful death complaint was submitted and it is believed that a murder conviction will result. In accordance with statute, a murderer is prohibited from inheriting anything from the victim with respect to jointly held property. A compensatory and punitive award for the jointly held property is sought.
Case Number: 08-C-192

Aug. 19
Carla L. Wells, Individually and as Guardian, Mother and Next of Friend of Haley M. Wells, a minor, and Roy Wells, Jr. v. Danielle L. Corley, BB&T Corporation, a foreign corporation, a/k/a Branch Banking & Trust Corporation, and John Doe, a Corporation and/or business entity
PA- William D. Wilmoth; Timothy M. McKeen J- Madden
* A judgment is sought both jointly and severally for the injuries claimed from a car accident in the parking lot of a bank on Aug. 19, 2006.
Case Number: 08-C-193

Aug. 20
Lorran Magers, as Duly Appointed Administrator of the Estate of Juanita Magers vs. Guardian Elder Care at Wheeling LLC dba Peterson Rehabilitation Hospital and Geriatric Center
PA- Gregory A. Geller; J- Karl
* Magers was admitted on Nov. 20, 2006. Within hours, she fell from the unrestrained and unsupervised chair where she was placed. It is claimed that these injuries contributed to her death, on Mar. 30, 2008. Compensatory damages are sought for the loss.
Case Number: 08-C-194

Westfield Insurance Company vs. Bryan Ollom, dba Bryan Ollom Excavating; Jerry Gust Masonry and Concrete Inc.; Robert Carney; Bonnie Carney; Ohio River Collieries Company; All American Homes of Ohio LLC; and All American Homes LLC
PA- Brad D. Trust; J- Madden
* A contract was entered on June 16, 2006. Porous and defective concrete was used and it was understood that concrete block would be utilized in the foundation work. The underlying suit was eventually removed to the Northern District of West Virginia. Westfield claims it has no obligation to defend Ollom in the action that is now pending in the U.S. District Court: Civil Action No. 5:07-CV-79
Case Number: 08-C-195

Consolidated Mechanical Inc., vs CertainTeed Gypsum West Virginia Inc.; Brand Scaffold Rental & Erection of Pittsburgh Inc.; Gribbins Insulation Company Inc.; Building Erection Services Company; Form Tech Concrete Forms Inc.; United Rentals (North America) Inc.; and BET LLC dba Bridgeport Equipment & Tool
PA- Melvin F. O’Brien; J- Karl
* A breach of contract is claimed and CMI seeks recognition of their lien against CertainTeed to such an extent that should the sale of the Project not sufficiently satisfy all of CMI’s claim that a deficiency judgment be entered. Consolidation of all lien foreclosure cases currently pending in Marshall County is sought.
Case Number: 08-C-192

Aug. 22
Danialle Thomas vs. Value City Inc. dba Value City Furniture
PA- Erica H. Klie; J- Karl
* After being hired as a sales associate in July 2006, she suffered from a medical condition for which short term disability benefits were approved. It is claimed, that immediately after approval of said benefits, her employment was terminated. Punitive damages in excess of $50,000 are demanded.
Case Number: 08-C-198

Aug. 28
Joseph Komorowski vs. The County Commission of Marshall County, West Virginia
PA- Gregory A. Gaudino; J- Karl
* It is claimed that an error in the final preparation of the ballot to be used during the primary election for two members to the Board of Education occurred. It is said that the election contest hearing directly related to the validity of the election. With the validity o the election in question, the plaintiff says a new one must be ordered.
Case Number: 08-C-199

Kimberly A. Wood vs. Carole J. Wood, Executrix of the Estate of Norman E. Wood Sr., Deceased
PA- Gregory A. Gaudino; J- Mazzone
* A request is made that the Court find the personal estate of decedent is insufficient to pay the debts and that the real estate located on Arlington Avenue be sold to satisfy debts and administration costs. The property has an appraised value of $255,000.
Case Number: 08-C-201

Sept. 2
Fraze Richard Colley, and Nola M. Colley v. American Electric Power Company Inc.; et al.
PA- Leslie Ann James; J- Karl
* Colley worked with and was exposed to asbestos–containing products as a boilermaker and welder at power plants, chemical plants, manufacturing plants, refineries and steel mills from 1952 through1987. He was diagnosed with the asbestos –related malignancy on Sept. 21, 2007. Direct and proximate results of exposure to known hazards material resulted in permanent and disabling lung disease, great pain, medical expenses, embarrassment, inconvenience, loss of wages and wage earning capacity, loss of quality and enjoyment of life; shortening of his life expectancy. Compensatory and punitive damages are sought, jointly and severally, in an amount determined at trial.
Case number: 08-C-206

Sept. 4
David Siburt vs. Joseph Cox Jr.
PA- David A. Jividen; J- Madden
* On June 2, 2008, while traveling north on W.Va. 2, Cox changed lanes and struck he work zone cones causing the automobile to strike the rear of the sweeper truck that Siburt was operating. This alleged failure to maintain proper control and lookout resulted to purportedly permanent head and neck injuries. Compensatory damages are sought in excess of jurisdictional limits.
Case number: 08-C-209

Sept. 12
Chester Chanze vs. Minnie L. Henry
PA-W. Howard Klatt; J- Madden
* On Wheeling Avenue, Sept. 13, 2006, failure to maintain control, speed, and proper lookout resulted in a collision. As a direct and proximate result Chanze has suffered injuries to his head, neck and back. Future medical bills and loss of earning capacity are anticipated for which compensatory damages are requested.
Case number: 08-C-211

Christopher Yoho Sr., v. Minnie L. Henry and Chester Chanze
PA-David P. Robinson; J- Karl
* A personal injury claim was filed stemming from an auto collision on Sept. 13, 2006, in Glen Dale, on Route 250 at Dollar General’s exit. It is said failure to yield right of way further caused the occurrence of divers and sundry expenses to which compensation is sought, jointly and severally.
Case number: 08-C-212

Sept. 16
Rodney Dean Moore vs. Kathy Sue Pagel
PA-Gregory A. Gellner; J- Karl
* A judgment is sought in the amount of $10,203.09 along with an order requiring payment on an outstanding balance of the Suzuki truck loan and an order removing Moore as a co- signer on the Nissan truck loan. Compensatory damages to the personal and credit reputation of Moore is requested in addition to a motion for an injunctive order halting the sale of personal real estate until a resolution is achieved.
Case number: 08-C-215

Sept. 17
Patricia L. Robinson vs. Lois J. Anderson
PA- James G. Bordas; J- Madden
* Failure to maintain proper lookout is claimed as the cause of an auto collision that occurred at the intersection of 2nd Street and Olive Avenue. Compensatory and general damages are sought for injuries believed permanent in nature.
Case number: 08-C-216

Sept. 25
Theresa Barr vs. Nancy Shutler, Dairyland Insurance Company, and Sentry Insurance Company
PA- Jonathan E. Turak; J- Madden
* On Dec. 5, 2006, Barr was traveling on Roberts Ridge Road when a rear –end collision occurred. The automobile driven by Shutler, at that time, was insured by Nationwide with bodily injury limits of $50,000.00 per accident. Barr had underinsured motorist coverage with a $40,000 per accident limit. It is claimed damages exceed the available liability coverage and request is made that Dairyland adjust her claim accordingly. Compensatory and punitive damages are requested.
Case number: 08-C-220

Sept. 30
Robert D. Strawn vs. Direct Line Parts Inc.
PA- David S. Jividen; J- Madden
* Injuries occurred during a single–vehicle motorcycle crash when control was lost of a 2002 Honda Gold Wing motorcycle. It is claimed the acts or omissions of Honda, during the replacement and balance of the front tire, on Apr. 8, 2008, was directly related to the accident that occurred on Apr. 10, 2008. In addition to the property damages, permanent physical injuries may continue and compensatory damages in excess of jurisdictional limits are pursued.
Case number: 08-C-222

Oct. 1
Bethany Wise vs. Scher-Cash, Inc., dba The Loading Zone
PA- Sandra K. Law; J- Karl
* Wise was discharged from work on Aug. 27, 2008 and did not receive her paycheck until Sept. 12, a violation of the Wet Virginia Wage Payment and Collection Act. She seeks all damages allowable under this act, along with liquidated damages, costs, attorney fees and expenses.
Case number: 08-C-223

Oct. 2
West Virginia University Hospitals Inc. vs. Timothy P. Bell
PA- Edward L. Harman, Jr; J- Madden
* WVU Hospitals claims Bell owes $70,890.25 for services rendered for services from Aug. 16, 2007 through Nov. 21, 2007. It seeks that amount plus interest.
Case number: 08-C-226

The Estate of Clarence F. Yoho, By Robert Yoho Jr., Administrator vs. Americo Inc. and John Does 1-5
PA- Christopher M.Turak; J- Karl
* The decedent, Yoho, was an independent contractor retained by Americo on Oct. 4, 2006, when he was electrocuted and killed. The plaintiff seeks joint and several compensatory and punitive damages to punish and deter Americo from similar conduct, deviating from the generally accepted industry practices and provide additional compensation to the estate of Clarence Yoho.
Case number: 08-C-227

Oct. 6
Douglas Schane v. Bayer Corporation, Bayer Material Science LLD, David Johnston, John Cool, Terry Eddy, Charles “Buddy” Kotson and John Long
PA- Guy R. Bucci; Stacy A. Jacques; J- Madden
* As part of his employment as an “A” technician at the toluene – 2, 4 diisocynate (“TDI”) tank farm, Schane says he was directed to unload storage tanks containing TDI at Natrium. Further, he worked in an area where TDI leaked from vents and valves and claims he was purposefully exposed to vapor or fumes to which he could not protect himself in this assigned work area. Toxic or adverse health, neurological, and pulmonary diseases are well-known effect from exposure to TDI. Negligence, deliberate intent and punitive damages are claimed and compensatory judgment is sought jointly and severally.
Case number: 08-C-228

United Bank Inc. vs Thomas W. Frye
PA- Paul S. Atkins; J- Karl
* A motor vehicle loan agreement was entered on Jan. 3, 2006, for a Chevy S10 truck. The vehicle was repossessed and sold producing a deficiency balance, in the amount of $11,878.25, for which judgment, interest, and costs are requested.
Case number: 08-C-233

Oct. 14
Gregory Evans and Erin N. Evans vs. Chrysler LLC and Glen Dale Motor Company
PA- William J. Ihlenfeld, II; J- Madden
* In October 2007, a 2003 Jeep Liberty Sport was purchased. This automobile is said to have not been and is not free of defects. Various and numerous “drivetrain problems” would be corrected and cured. These defects and repairs are said to have substantially impaired the use and value of the vehicle. Breach of contract and implied warranties are claimed and relief is sought, jointly and severally, with compensatory and punitive damages.
Case number: 08-C-241

Oct. 15
Rebuild America Inc., a Florida Corporation, v Naomi N. Williams and/or occupants
PA-O. Gay Elmore Jr.; J- Madden
* A petition and summary relief for wrongful occupation of residential rental property is claimed at 171A Nixon Ridge Road. It says Williams has failed to tender payment or vacate the premises. A hearing is requested to remove the tenant from this location.
Case Number: 08-C-243

Oct. 15
Patricia A. St. John vs. John and Kay Krieger
PA-Pro Se; J- Karl
* This complaint states the parties entered a verbal land contract agreement for which $200 a month was paid over a five year period. Upon a request by St. John, the balance requested was paid in full for the property adjacent to her premises. Upon discovering Consol’s interest in purchasing the land, Krieger fused to issue a bill of sale. St. John claims she can produce a letter from her sister, Kay Krieger, stating the amount still owed on their land contract was $1100. The Court is asked to review the documents and bring Krieger’s to Court to produce a signed sales agreement.
Case Number: 08-C-244

Oct. 20
Ford Motor Credit Company LLC, formerly Ford Motor Credit Company vs. Ollie Huggins AKA Ollie C. Huggins Sr.
PA- Andrea K. Reynolds; Steven B. Mulrooney; J- Madden
* A sales agreement was entered on Aug. 30, 2006, for an auto purchased from Jim Robinson and $6,000.27 is still claimed owing.
Case Number: 08-C-247

H&S Financial Inc. v. James E. Gray, Jr.
PA- John J. Balenovich; J- Karl
* A scholarship enrollment agreement was entered Apr. 15, 1999, with C1 Professional Training Center and $7500 is claimed owing. A judgment for this amount, plus 18 percent per year, is sought.
Case Number: 08-C248

Oct. 24
Murphy Construction & Equipment Rental Co. vs. Consolidated Mechanical Inc.
PA- Michael G. Simon; J- Madden
* A breach of contract is alleged with an unjust enrichment of $30,080. Three cranes were used from October 2007 through January 2008 and no rental payments were made. Not less than $75,000 is sought with fees and costs.
Case Number: 08-C-249

Carlene Sue Crow vs. Mary Louden
PA- Jacob M. Robinson; David P. Robinson; J- Karl
* Failure to yield right of way, on October 27, 2006, on the Jefferson Avenue Extension, is claimed to have resulted in a rear-end collision. As direct and proximate result various head and neck injuries are claimed. A judgment is sought in excess of jurisdictional compensatory damages.
Case Number: 08-C250

Kimberly Peffley, Kimberly Peffley as the Next Friend of Scott Peffley, a minor, and Scott Peffley, in his own right vs. Mary Louden
PA- David P. Robinson; J- Karl
* While traveling on Jefferson Extension, on Oct. 27, 2006, the vehicle she was traveling I was rear –ended. As direct results she claims having incurred divers and sundry medical expenses and the minor claims loss of consortium of his mother.
Case Number: 08-C251

Oct. 27
Beneficial West Virginia Inc., Successor in Interest to HSBC Bank USA, N.A. v. Judy R. Allen a/k/a Judy Allen
PA- Kurt J. Winter; J- Karl
* A written loan agreement was entered into March 29, 2006. An unjust enrichment has occurred in the sum of $5,789.38. No payment has been received since Feb. 12, 2008, and judgment for the breach of contract is demanded.
Case Number: 08-C-253

Oct. 29
Ronald Klug and Barbara Klug, his wife vs. Jeffrey McGlynn
PA- Gail W. Kahle; J- Madden
* A bicycle accident occurred on Allendale road. On July 11, 2008, McGlynn’s dog ran ino the path of Ronald Klug, causing him to crash. As a direct proximate result personal injuries were suffered, including four fractured ribs and a contusion to his right lung. Thousands of dollars in medical bills will continue to incur. These injuries have impaired his ability to work and contributed to a loss of consortium for which compensatory damages are requested.
Case Number: 08-C-254

Oct. 30
David Teesdale and Angela Teesdale v. Babcock & Wilcox Construction Co., and The Ohio Power Company dba American Electric Power
PA- Jacob M. Robinson; J- Karl
* While working at the Krammer-Mitchell Plant, David Teesdale claims he was wrongfully terminated on Oct. 30, 2006, and that during the course of employment he is said to have suffered chronic on the job injuries to his right knee, which are directly related to unsafe working –walking conditions. Damages are sought, jointly and severally, against each defendant to deter similar behavior in the future.
Case Number: 08-C255

Oct. 31
Michelle Parsons and Benjamin Parsons, individually and Eli Parsons, Hannah Parsons and Grace Van Syoc, minors, by and through their parents and next friends, Michelle Parsons and Benjamin Parsons v. Robert R. Schmidt, Jr., and Schmidt Brothers, Inc.
PA- Louis J. John; J- Madden
* During the scope of his employment, on June 11, 2008, Schmidt was said to be operating a Silverado on Rte. 7 when he collided with Parsons. Michelle Parsons has incurred medical expenses in the amount of $120,000 and Benjamin Parsons has incurred medical bills in excess of $5,000. Loss of consortium has been suffered and a jury trial is requested for damages both, jointly and individually.
Case Number: 08-C256

Nov. 1
Beneficial West Virginia, Inc v. Michael D. Hill
PA- Kurt J. Winter; J- Karl
* On July 7, 2004, a loan agreement was entered with the last payment received on May 21, 2008. An unjust enrichment has occurred in the amount of $18,527.71, for which amount judgment is sought, along with 18% interest, fees, and costs.
Case Number: 08-C-257

Nov. 3
Herbert Daniel Benham vs. Babcock & Wilcox Construction Co., Inc. and The Ohio Power Company dba American Electric Power
PA- Jacob M. Robinson; J- Karl
* It is claimed Benham was discharged on Nov. 2, 2006, from the Krammer–Mitchell plant following the instituted proceedings of a Worker’s Compensation Claim. This action is said to have been wrongful and retaliatory. Compensatory judgment, in excess of jurisdictional limits, is sought.
Case Number: 08-C-259

Nov. 5
WesBanco Bank, Inc. v. Jennifer R. Hammond
PA- Marie C. Betchel; J- Madden
* An unsecured promissory note for $14,000 was applied for and received on March 20, 2006. A request for $9,531.50, plus interest at 12.565 percent per annum, is claimed owing and demanded.
Case number: 08-C-260

Cheryl Kisner vs. Dawn Chanze
PA- Christopher R. Heller; J- Karl
* It is claimed on May 29, 2007, while driving as a passenger in Chanze’s vehicle on Grant Avenue, she rear-ended Beverly A. Hill. As a result of this negligent failure to keep proper lookout and maintain control, Kisner claims she suffered injuries to her neck for which compensatory and general damages are sought.
Case number: 08-261

Nov. 6
Patricia Kernan vs Gregory Elwood Howe
PA- Pro Se; J- Madden
* It is said Howe is in possession of Kernan’s family’s possessions at his and his girlfriend Tracey’s house on Pearl Street. Their return is requested or $20,000 cash payment.
Case number: 08-C-262

Nov. 5
Paul T. Lang Sr. and Nadine M. Lang v. A.W. Chesterton Co., et al.
PA- Leslie Ann James; J- Madden
* Mr. Lang was diagnosed with, an incurable and asbestos–related disease, malignant mosothelioma, on or about Sept. 4, 2008. The direct and proximate result of the negligence of the defendants caused Long to develop serious, permanent and disabling disease that has shortened his life expectancy.
Case number: 08-C-264

Nov. 7
United Bank Inc. vs Lindsay H. Courtwright
PA- Paul B. Atkins; J- Karl
* Judgment is demanded in the sum of $6,754.02, with interests and costs for the balance of the repossessed security collateral.
Case number: 08-C-265

Nov.10
Drumand McLaughlin and Lee Ann McLaughlin vs. American Electric Power Company Inc., AEP Ohio, Ohio Power Company, CGI International, Inc. General Hydrogen Corporation, and General Hydrogen of West Virginia Corporation
PA- Geoffrey C. Brown; J- Madden
* On Sept. 16, 2005, a rupture disc failed prematurely in the hydrogen storage system at the Kammer Station and hydrogen gas escaped through a puncture in the copper vent pipe. As a direct and proximate result to maintain the system in a safe condition, there was a massive explosion at the Muskingum River Unit 5 storage tank on Jan. 8, 2007. He claims suffering physical pain, mental, and emotional diminishment and believes the damage is permanent. Compensatory and punitive damages are sought.
Case number: 08-C-266

Nov. 14
Denise McNees v. Elsa M. Irisari, J.D., and Irisari and Irisari, Inc. P.C.
PA- David L. Delk; J- Madden
* Multiple requests for a copy of her entire patient file have gone unanswered and necessitate the filing of this demand for compliance to procure her records.
Case number: 08-C-270

Jimmi McDaniel, individually and as guardian and natural parent for her daughter, Averi L. McDaniel v. Glen Dale United Methodist Church, Board of Trustees
PA- Rodney T. Berry; J- Karl
* While enrolled in and attending a day care operated and sponsored by defendant Averi, McDaniel suffered physical and emotional injuries. The sustained injuries are claimed to be serious and permanent in nature and compensation is requested.
Case number: 08-C-271

Janie L. Thomas and Bonnie J. Thomas vs. Sean A. Darrah
PA- Jonathan E. Turak; J- Madden
* While traveling North on W.Va. 2 in New Martinsville, Darrah is said to have rear–ended a vehicle operated by Janie Thomas in which Bonnie Thomas was a passenger. Each plaintiff suffered injuries. A trial jury is requested for a fair and equitable determination.
Case number: 08-C-271

Nov. 19
Beneficial West Virginia, Inc v. Micheal B. Tustin a/k/a/ Michelle Tustin
PA- Kurt J. Winter; J- Madden
* On Oct. 23, 2006, a loan agreement was entered and the last payment received was on Sept. 14, 2007. An unjust enrichment has occurred and the entire amount is owed upon default for $17,655.20, along with interest, fees, and costs.
Case number: 08-C-274

Nov. 24
Dana Brock Beall and Peggy Ann Beall, his wife vs. American Electric Power Service Corporation, a foreign corporation;, et al.
* During the years from 1972 through 1998, Dana Beall worked for various facilities where exposure to benzene, both as a raw material, a contaminant in, or derivative of this and other toxic substances. As a direct and proximate result he developed acute myeloid leukemia to which he became severely disabled. Compensatory and punitive damages, both jointly and severally, are demanded by jury.
Case number: 08-C-275

Nov. 25
Rosalie L. Clark vs. Amber J. Schafer
* Clark placed a certificate of deposit against a car loan for her granddaughter, at Bayer Credit Union, who; subsequently, retained the CD valued at $6,711. Restitution and recovery is sought.
Case number: 08-C-276

Nov. 26
Blue Ribbon Rentals Inc. vs. Richard Custer aka Richard J. Custer
PA- Robert S. Bernstein; J- Karl
* Rental purchase agreements were entered between Dec. 2007 and Jan. 2008 and weekly payments were required pursuant to the terms. This claim is made for repossession of equipment and the accelerated balance due under Agreement in the amount of $7,337.89, plus interest, costs and charges.
Case number: 08-C-277

Dec. 1
Jennifer Pickett and Adam Pickett vs. Daniel Cain and Brenda Cain
PA- Gerasimos (Jerry) Sklavounakis; J- Madden
* It is claimed that defective and dangerous steps were the cause of serious injuries sustained when she fell on Cain’s Marshal Street property. As a result of the injuries to her ankle she incurred ongoing medical expenses. A jury trial is requested.
Case number: 08-C-278

Dec. 3
Hudson & Keyse, assignee of Beneficial Company LLC v. Albert J. Chambers, Jr.
PA- Ryan S. Marsteller; J- Madden
* A loaned was secured on Aug. 19, 2003 for which $21,296.71 is claimed owing which includes a principal amount of $11,526.65.
Case number: 08-C-280

Dec. 5
James D. Carney and Cathy L. Carney v. Paul Riggle and Kim Riggle
PA- Brain A. Ghaphery; J- Karl
*A real estate purchase agreement was entered into on Jan. 11, 2008 for $160,000. It is claimed that a latent defect was concealed on a defective septic system which causes drainage problems and render the yard unusable. The costs of repairs are believed to be $8,000, for which a jury trial is demanded, along with the costs to litigate this action.
Case number: 08-C-281

David Dempewolf and Kimberly Dempewolf vs. PPG Industries, Inc., Robert Feldmeier
PA- Ronald Wm. Kasserman; J- Madden
* A workplace injury was suffered on Mar. 21, 2005, and a workers’ compensation claim was filed. Subsequently, he underwent arthroscopic shoulder surgery and was released with modified work duties from his surgeon on Sept. 21, 2006. In Dec. 2006, he was advised there were no more light work duties were available. It is claimed PPG has violated EEO policy of affirmative action by failure to employ Dempewolf, actively in a job, as a qualified individual with a disability. As a union member, these grievances are not subject to arbitration procedures. Compensatory and punitive damages are sought.
Case number: 08-C-282

Dec. 8
Bennett Brown vs. Safway Steel Scaffolds Company of Pittsburgh nka Brand Scaffold Rental & Erection of Pittsburgh, Inc or BESP Inc.
PA- Jacob M. Robinson; J- Karl
* It is claimed unsafe working conditions existed on Dec. 8, 2006, at the Kammer-Mitchell plant, which contributed to injuries sustained to Brown’s neck and back. He claims divers and sundry expenses and demands compensatory damages.
Case number: 08-C-283

Dec. 11
Christina M. Lavenski vs. Albert Presley
PA- Christopher R. Heller; J- Karl
* Lavenski claims she was rear–ended at the drive thru of the BB&T Bank, at 8th Street, on Jan. 6, 2007. Along with lost wages and annoyance, she believes she will incur future medical expenses for which compensatory judgment is sought.
Case number: 08-C-285

Dec. 15
Schmitt Sales Inc. vs. John Dean Young and Amelia Diane Young individually and together as partners trading as JD Gasoline Alley
PA-Jon R. Keating; Cheryl L. Esposito; J- Madden
* On June 19th and July 7, 2008, goods and materials were sold and delivered on credit and a balance of $10,478.40 remains on account. This amount is demanded with a per annum rate of 8.25% from Aug. 7, 2008.
Case number: 08-C-286

Dec. 18
Kirk Monteleone v. Jeremy George
PA- Joseph J. John; J- Karl
* Monteleone was attempting to exit the Jeep driven by George in the Kroger parking lot when he was negligently dragged along with disregard to his safety, on Apr. 1, 2007.
Case number: 08-C-287

Evelyn Marie Seifert and Cora Lee Baker v. Victor Joseph Seifert
PA- Patrick J. McDermott; J- Madden
* A claim for partition and reimbursement is filed to grant equitable partition of the real property willed in testate and give a proportionate share in relation to fees, costs and expenses incurred relative the subject property.
Case number: 08-C-288

WesBanco Bank, Inc., Successor to Wheeling Dollar Bank, Trustee of the Joe A. Yost Trust vs. Joe A. Yost, an incompetent person
PA- James C. Gardill; J- Karl
* Following the death of his mother in 1980, WesBanco was named legal guardian of Yost who was born mentally incapacitated. The devalued trust at $52,972.48 mandates, by a 1990 Order, that the Court approve expenditures when it sits below 70K. A docket transfer is requested from Wetzel to Marshall County, along with continuing authorization to Bethesda House for the care expenditures on behalf of Mr. Yost.
Case number: 08-C-289

Linda Tagg, Kimberly Tagg and Sonny Tagg vs. Tri-State Hospital Supply Corporation, and Scott Choby
PA- Jonathan E. Turak; J- Madden
* This mother and daughter claim failure to yield to a traffic light resulted in a collision that resulted in injuries suffered by both passengers. Future medical treatment, along with loss of consortium is claimed. Judgment is sought jointly and severally.
Case number: 08-C-290

Dec. 22
Jeff E. Slider v. State of West Virginia
PA- Pro Se; J- Karl
* Slider filed a Writ of Habeas Corpus. He entered a plea agreement to serve 1 to 4 years for one (1) count of displaying pornographic material to a minor.
Case number: 08-C-291