Dec. 21
Kylie R. Ferrell vs. Brant D Imhoff, Kasey Thompson, Alisha Mueller
PA- Daniel Balgo; J- Hummel
* On Aug. 22, 2011, Ferrell was a passenger in a vehicle driven by Kasey Thompson. Defendant Thompson failed to maintain control, causing a single vehicle crash when the car went off the right side of the road and struck a tree. Ferrell suffering ongoing pain and suffering, including medical expenses. Thompson was driving a car registered to Imhoff who allowed his daughter, Mueller, to use his vehicle on the day listed. A sufficient award is sought to compensate past, present, and future damages.
Case number: 11-C-214

Dec. 28
Citibank, N.A. vs. Elizabeth Ann Conner
PA- Andrew N. Frye, III; J- Hummel
* Defendant is in default on her repayment obligation and has failed liquidate the balance due and owing, in the sum of $10,650.10.
Case number: 11-C-215

Dawn E. Mead vs. Town & Country Animal Hospital, Inc., James E. Radcliffe, DVM and Sherry Shreve
PA- Ronald Wm. Kasserman; J- Karl
* Mead was injured at work, at Town & Country, in May 2009. Prior to her injury, Mead worked the same daylight schedule for about eight years. Defendants are said to have retaliated and discriminated against Mead for taking the reasonable accommodation of a temporary leave of absence for her workplace injury. As a result of defendant’s wrongful actions to her, she has and will continue to suffer economic loss and emotional distress. Mead did not quit or resign her job at T&C and says she is entitled to be reinstated to her prior position as though she had never been fired. Compensatory, punitive, and litigation expenses are demanded.
Case number: 11-C-217

Dec. 28
Kevin R. Durbin vs. Edward G. and LaVonne F. Strope, John D. Wells and Barbara A. Wells, McElroy Coal Company, Range Resources, LLC, and Chesapeake Appalachia, L.L.C.
PA- Thomas E. White; J- Karl
* This action seeks to construe the language of real estate instruments. It is the intention of the parties to establish the legal status with respect to the ownership of mineral, oil, and gas rights to a 58.05 acre parcel in Cameron District. Plaintiff contends that neither Chesapeake, Great Lakes Energy, nka Range Resources have valid enforceable leases since they have not leased them from plaintiff who is the rightful owner. The Court is asked to declare the real estate interests at issue.
Case number: 11-C-219

Jan. 4
Jennifer A. Adams vs. Gary L. Bartsch
PA- Steven T. Taylor; J- Karl
* Defendant was driving north on Marshall Street and stopped at the Third Street stop sign. On Jan. 6, 2010, defendant proceeded through said stop sign and collided with Adam’s vehicle. She suffered physical injuries; incurred ambulatory, medical, and pharmaceutical expenses and seeks a judgment for damages.
Case number: 12-C-1

Jan. 5
Jason J. Steed vs. TriEnergy Holdings, LLC, AB Resources, Gray Montague and Michael P. Trout
PA- Jonathan E. Turak; J- Hummel
* Plaintiff was uneducated about his rights under the December 2006 Lease; not represented by an attorney in negotiations and signed documents prepared by an experienced oil and gas landman. The lease terms were oppressive, lopsided, and overwhelming favored defendant. Defendant’s conduct is claimed intentional and to the detriment of Plaintiff which resulted in a form of contract that is commercially unreasonable. Compensatory and punitive damages are ordered.
Case number: 12-C-2

Jan. 10
Dominon Transmission, Inc. vs. Andrew M. and Karen A. Fasouletos
PA- Lori A. Dawkins; J- Karl
* Dominion has determined that an order to replace the pipeline must be obtained for temporary access across defendant’s property. The subject property is encumbered by Hope Natural Gas Company. To accomplish the necessary replacement, Dominion must modify an existing right of way through the property. A bond has been posted with the Court, payable to respondents, in the amount of $15,019.21, to secure compensation. An order granting right of entry is sought.
Case number: 12-C-5

Patricia Kurtzman and Lloyd Kurtzman vs. Charles A. DeFilippo dba Subway Restaurant
PA- Gregory A. Gaudino; J- Hummel
* On May 9, 2010, while celebrating Mother’s Day with her family, Kurtzman’s foot twisted and she fell and struck the pavement. Defendant should have known that a 3-inch curb constructed on the doorway of Subway’s premises could cause customers to trip while entering or existing the building. She sustained injuries and incurred medical bills for which compensation is sought.
Case number: 12-C-6

Jan. 20
Lana Coffield, and Lana Coffield as Administrator of the Estate of Carl L. Coffield, Sr. vs. Jonathan “J.K.” Mann
PA- Joseph R. Canestraro; J- Hummel
* Sometime prior to Oct. 27, 2009, the parties entered into contract allowing defendants to purchase plaintiff’s mineral rights on 64 acres in Franklin District, for a purchase price of $3200. Plaintiffs did not contemplate conveying surface rights to said property. Plaintiffs demand that judgment for compensatory damages and mineral rights be awarded.
Case number: 12-C-10

Jan. 25
RC Enterprises Inc. vs. Corvic, Inc. d/b/a Coffee Talk
PA- Kevin L. Neiswonger; J- Karl
* A written lease was executed between the parties on Jan. 31, 2004. As rent, Plaintiff would pay to defendant, 50 percent of the net profits generated by the “poker machines” on a monthly basis for five years. The duration of the lease was for a “period of five years, with five -year extensions, for fifty years. After the initial period, the parties continued to operate in the same manner and fashion as they had done. It was understood by the plaintiff that the five year extension had taken place. Based on this belief, the plaintiff renewed her bid to operate the “machines” with the State at a cost of $55,000. Defendant has recently locked the doors and no longer permits the plaintiff to operate machines on the premises. An award for breach of fiduciary duties is demanded.
Case number: 12-C-11

Kenneth L. and Ruth A. Bambic vs. Craig J. Connors
PA- Shane M. Mallett; J- Hummel
* On Sept. 6, 2010, Connors went left of center, on Big Grave Creek Road, causing a collision between parties’ vehicles. Kenneth Bambic sustained damages and injuries. As a direct and proximate result, he has incurred injuries about the head and neck. Expenses about his medical care yet to be determined. Compensatory damages and general relief demanded.
Case number: 12-C-12

Feb. 2
Paige Norman vs. David Cunningham and Jason Heller
PA- Anthony I. Werner; J- Hummel
* On June 3, 2011, a crash occurred when an automobile operated by Cunningham collided which was occupied by Plaintiff . As a proximate result of the crash, Norman sustained bodily injuries, and it is with reasonable certainty other expenses will be incurred.
Case number: 12-C-16

Feb. 3
Tiffany N. Miller vs. Brittany N. McDonald and Brian J. McDonald
PA- Rodney T. Berry; J- Karl
* The collision between two vehicles is claimed to have been the direct and proximate result of the defendant’s negligence. Judgment is demanded against medical and physical, including but not limited to headaches.
Case number: 12-C-17

John K. Mason Sr. and Nancy L. Mason, his wife, et. al. vs. TriEnergy, Inc., a foreign corporation, et. al.
PA- Robert P. Fitzsimmons; Gregory A. Gellner; J- Hummel
* Plaintiffs say TriEnergy misrepresented the existence of the Marcellus Shale formation to plaintiffs in order to negotiate unfair contracts. Further, the contracts are of adhesion and are unconscionable in their terms; based on inadequate considerations and fraudulent representations. Damages for economic loss; slander of title; and loss of use of their land have been suffered.
Case number: 12-C-18

Feb. 6
Edward William May, Jr. vs. Michael Strickland, Robert and Frances Carpenter
PA- Shane M. Mallett; J- Karl
* Defendants Carpenter negligently owned, kept and harbored a dog that had a dangerous or vicious propensity at their residence in Moundsville. On Feb. 4, 2010, May was attacked and bit thereby causing severe, permanent injuries and damages. Strickland or Carpenter, as owners, permitted such dog to run at large while not properly secured. May suffered injuries to the facial areas and his extremities. Judgment is demanded against defendants for compensatory and general damages.
Case number: 12-C-19

Feb. 9
Irene Kutay vs. Marshall County Commission
PA- Daniel M. Balgo; J- Karl
* Kutay attempted to enter the Marshall County Courthouse on Feb. 10, 2010, but slipped and fell injuring herself. Defendants had a duty to ensure and properly maintain the entry way into the courthouse. Plaintiff seeks an amount sufficient to compensate the damage suffered to her knee and leg.
Case number: 12-C-21

Feb. 13
Panhandle Cleaning & Restoration Inc. vs. Gina Irwin
PA- Ronald M. Musser; J- Hummel
* About September 2010, defendant contracted with plaintiff to make necessary repairs; thereafter, in October 2010, for restoration to her residence due to water damage. The failure by defendant to pay for the water restoration services and emergency work provided by plaintiff constitutes both a breach of contract and unjust enrichment for which defendant is liable in the amount of $27,175.60.
Case number: 12-C-22

Feb. 14
Roseanna Keller vs. Jeff Bolten, Bayer MaterialScience, LLC
PA- Jeffrey A. Grove; J- Hummel
* Plaintiff was an employee of the New Martinsville facility starting on Sept. 15, 1980. At the time of her termination, plaintiff was the Human Resource Director. On June 21, 2010, the parties entered a Voluntary Separation Agreement contingent upon plaintiff remaining actively employed through June 2012. Defendants notified plaintiff that she was being terminated from employment with an effective date of March 4, 2011. Jeff Botlen openly stated to managers that “anyone over the age of 60 needs to be gone and to take the severance.” The conduct was intentional and entitles the plaintiff punitive damages.
Case number: 12-C-24

Mary K. Throckmorton vs. William S. McNees
PA- Jonathan E. Turak; J- Karl
* On Aug. 16, 2011, carelessly struck the rear of an automobile operated by plaintiff. The resulting injuries occurred with respect to McNees driving under the influence of drugs. As a direct result of said negligence, some of plaintiff’s injuries may be permanent in nature. Compensatory and punitive damages are demanded.
Case number: 12-C-25

Feb. 17
Rodney J. LeMasters, individually and on behalf of all others similarly situated vs. TeleTech Customer Care Management, (WV), Inc.
PA- Sandra K. Law; J-Hummel
* This Class Action complaint is filed on behalf of employees discharged at various times from 2006 to 2011 without receiving their final wages in a timely manner. The damages in this action are set by statute and preclude the necessity of a case by case assessment.
Case number: 12-C-28

Feb. 21
SLM Private Credit Student Loan Trust 2006-B Trust vs. Jason A. McNamara
PA- Jane Ann Pancake; J- Karl
* A Promissory Note executed by defendant on June 15, 2004 is due and owing. The sum of $16,232.20, consisting of principal and interest, from the date of filing this complaint, is demanded.
Case number: 12-C-31

Feb. 24
Katey Kage, Individually and as Administratrix of the Estate of Allen R. Kage vs. Nationwide Life and Annuity Insurance Company; Thomas Fahey
PA- Anthony I. Werner; J- Hummel
* Plaintiff was appointed Administratrix on Dec. 21, 2011; she was the wife and remained with him until his death on Dec. 21, 2011. On Aug. 30, 2011, Allen R. Kage executed a $50,000 policy, with his wife as 100% primary beneficiary. She received a check in the amount of $50,000; deposited in Main Street Bank who in turn notified her that Nationwide had stopped payment on the check. Defendants represented to the Kages that the policy would provide $50,000, regardless when he died. A declaratory judgment that defendants are obligated to provide the benefit is requested.
Case number: 12-C-34

MOUNDSVILLE — A woman is suing the Marshall County Commission after she was injured at the Marshall County Courthouse.

On Feb. 10, 2010, Irene Kutay was at the Marshall County Courthouse when she slipped and fell on the main stairs and entry way into the courthouse, according to a complaint filed Feb. 9 in Marshall Circuit Court.

Kutay claims the Marshall County Commission had a duty to ensure the safety of all its visitors to their building and to properly maintain the stairs and entry way into the courthouse.

The Marshall County Commission was negligent in its care and maintenance of the area, according to the suit.

Kutay claims the defendant’s negligence caused to her become injured.

Kutay is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Daniel M. Balgo.

The case has been assigned to Circuit Judge Mark A. Karl.

Marshall Circuit Court case number: 12-C-21

MOUNDSVILLE — A former employee is suing TeleTech Customer Care Management (West Virginia), Inc. after he claims it violated the West Virginia Wage Payment and Collection Act during his employment.

Rodney J. LeMasters was employed by TeleTech from 2006 until Oct. 5, 2011, according to a complaint filed Feb. 17 in Marshall Circuit Court.

LeMasters claims TeleTech did not pay his or other class action members all of their final wages and benefits in full in a timely manner.

TeleTech’s failure to pay final wages in a timely manner violated the West Virginia Wage Payment and Collection Act, according to the suit.

LeMasters is seeking for the court to certify the civil action as a class action on behalf of him and proposed Class members under Rule 23 of the West Virginia Rules of Civil Procedure; to designate him as a representative of the class; to hold that the defendant did not pay him and class members their wages and benefits in full in a timely manner; and compensatory damages for unpaid wages and liquidated damages. He is being represented by Frank X. Duff and Sandra K. Law.

The case has been assigned to Circuit Judge David W. Hummel Jr.

Marshall Circuit Court case number: 12-C-28

MOUNDSVILLE – Two couples are suing AB Resources PA, LLC after they claim the company is responsible for injuries sustained because of a gas well explosion.

John W. and Mary Alice Miller; Chief Oil and Gas, LLC; SedCo Consulting, LLC; Union Drilling, Inc.; and BJ Services Company were also named as defendants in the suit.

On May 12, 2010, Union Drilling moved Rig #43 onto the Witzgall #1 well site to rig up for the drilling of Witzgall #1 well and drilling on the #1 well commenced soon after, according to two complaints filed April 18 in Marshall Circuit Court.

Brian Cavanaugh and Andrew L. Billings, both of New York, were employed by Union Drilling and claim as the defendants were drilling the Witzgall #1 well they lost circulation and hit a void at an approximate depth of 635 feet when they drilled through an abandoned underground coal mine, which was located at a much shallower depth than indicated on the drilling permit.

After drilling through the abandoned underground coal mine, methane gas flowed from the well for approximately 14 hours and the defendants ordered the drilling to “go cold” and ordered all electrical sources and lighting on the rig to be shut off, according to the suits.

The plaintiffs claim nonetheless, despite the presence of methane gas, the defendants instructed the crew to continue drilling until the Witzgall #1 well was completed on May 31, 2010 at a total depth of 10,607 feet.

On June 4, 2010, Rig #43 was skidded from Witzgall #1 to the Witzgall #2 well to begin drilling operations, according to the suits.

The plaintiffs claim Witzgall #2 is located approximately 10 feet from Witzgall #1 and because of this, the defendants had actual knowledge that they would encounter methane gas during the drilling of the Witzgall #2 well at the approximate depth they encountered it during the drilling of the first well.

Despite this knowledge, the defendants failed to notify the West Virginia Department of Environmental Protection Agency and failed to submit a supplemental casing plan for approval, according to the suits.

The plaintiffs claim the defendants further failed to take appropriate additional safety measures and precautions to account for the presence of methane gas prior to drilling the Witzgall #2 well.

On June 6, 2010, as the defendants were drilling the Witzgall #2 well, they drilled through “bad spots” and lost circulation at approximately 670 feet, according to the suits, and thereafter, the defendants encountered significant amounts of methane gas, which began to flow out of the well and onto the rig floor.

Cavanaugh and Billings claim drilling work continued and on June 7, 2010, at approximately 12 a.m., the crew removed the air bowl rubber from the well hole in order to continue tripping drill collars, a stabilizer and a hammer bit that were in the hole.

“With the air bowl rubber removed, the well continued to pour out methane gas onto the rig floor and surrounding areas,” the complaints state. “During this time, debris…blew 4 to 5 feet in the air and methane gas continued to accumulate on and around the rig floor.”

The plaintiffs claim despite the unsafe conditions, the defendants again failed to evacuate the area and instructed the crew to continue working.

At approximately 1:18 a.m. on June 7, 2010 while the crew members were continuing to trip the pipe out of the well, the methane gas ignited, triggering a massive fire and explosion with flames more than 70 feet high and resulting in a total loss to the drilling rig and surrounding dog house structures, according to the suits, and the flames burned for approximately five days after the explosion.

The plaintiffs claim all seven members of the crew working on the rig floor were burned in the explosion and resulting fire.

The defendants failed to control ignition sources near highly combustible and/or flammable gases at the well site and failed to use explosion-proof lighting on the well site, despite the presence of methane gas, according to the suits.

Cavanaugh, Billings and their wives, Tabitha Cavanaugh and Bernadine Billings, are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Robert P. Fitzsimmons, Clayton J. Fitzsimmons and Robert B. Warner.

The cases have been assigned to Circuit Judges David W. Hummel Jr. and Mark A. Karl.

Marshall Circuit Court case numbers: 12-C-75, 12-C-76

Guida

Turak

MOUNDSVILLE – A class action lawsuit has been filed against AB Resources LLC after seven people claim the company has cheated them out of more than $1 million in royalty payments.

The seven plaintiffs named in the suit are Patricia S. Hoskins, Mary Jako, Clarence Rulong, William R. and Linda L. Standiford and Lewis A. and Cathy Aston.

The plaintiffs claim AB Resources made improper deductions in calculating royalty payments and used “fraud, deception, concealment, suppression and omission of material facts to deprive plaintiffs of the royalties to which they were entitled.”

AB Resources’ bad faith is evidenced by the fact that its successor-in-interest, Chevron USA, Inc., which obtained the rights to the defendant’s oil and gas leases, does not make the same cost deductions when calculating royalty payments for the identical oil and gas leases, according to the suit.

Daniel J. Guida, one of the attorneys for the plaintiffs said AB Resources’ improper deduction costs were realized when its successor did not make the same deductions.

“When the successor didn’t make the same deductions it was realized that AB Resources had been improperly deducting costs and had acted in bad faith regarding the royalty payments” Guida said.

The plaintiffs claim AB Resources intentionally failed and refused to pay the royalties to them as required by the leases with no deduction of any costs incurred by it or its affiliates to “gather, transport, compress dehydrate or otherwise treat such gas prior to the point of custody transfer into pipelines or other facilities owned by a regulated utility or pipeline company or a non-affiliated third party.”

AB Resources entered into a scheme and design to intentionally mislead the plaintiffs into believing they were being paid all the royalties due to them, according to the suit.

The plaintiffs also claim as part of the defendant’s legal responsibilities, it agreed to and/or had the duty to account for all the sales of gas from the gas wells and to accurately account for the wells and to act as a fiduciary for their moneys due to them as a result of any owed royalties.

The defendant breached its fiduciary duties and with its actions, fraudulently concealed information from the plaintiffs that deprived them of the rents and royalties to which they are entitled, according to the suit.

The plaintiffs claim AB Resources actions and conduct was “so outrageous as to shock the conscious …”

AB Resources’ actions were also in bad faith and were intentional, outrageous and reprehensible, according to the suit.

The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Guida, Jonathan E. Turak and Eric Gordon.

Feb. 24
Jeremiah N. Magers and Adrea J. Magers vs. Chesapeake Appalachia, LLC
PA- Joseph R. Canestraro; J- Hummel
* Defendants drilled Marcellus Shale gas wells on a tract of land adjacent to Plaintiff’s property. Soon after these drillings, the plaintiffs began noticing methane gas emanating from their well. Defendants have failed to provide plaintiffs an alternate water supply or compensate them for the contamination of their water.
Case number: 12-C-36

March 2
David Poling and Kimberly Poling vs. Wheeling Power Company, Utility Pole Technologies, Inc., et. al.
PA- Christopher M. Turak; J- Hummel
* Wheeling Power ran electrical wires carrying 7,200 volts of electricity to a utility pole on the plaintiff’s premises. On Aug. 5, 2010, plaintiff’s son contacted Wheeling Power to report the condition of a utility pole. At the time of the accident, Poling was mowing the grass on a lawn tractor when the utility pole collapsed. Among other things, he was thrown from the tractor and suffered 38 percent total body third degree burns.
Case number: 12-C-40

March 7
Nardone Realty, LLC vs. NSW Systems, LLC and Michael V. Nowak individually
PA- Daniel Balgo; J- Hummel.
* Nardone contracted with NSW for an illuminated sign about Dec. 7, 2010. The second payment of $4,241.75 becomes due at full completion. Nowak is liable for damages because he signed the contract both as president and sole incorporator. Compensatory damages are requested.
Case number: 12-C-42

March 8
Tracie Edge vs. CitiMortgage. Inc and Teays Valley Trustees, LLC
PA- James G. Bordas, Jr.; J- Karl
* Through 2011, CitiMortgage declined to assist the plaintiff with a meaningful loan modification and refused to explain the meaning of a minimal decrease in principal over an eight (8) year period. Edge, represented by counsel, continued to receive collection notifications, personally. Injunction relief is sought to stay foreclosure proceedings which would cause irrevocable harm.
Case number: 12-C-45

March 15
Constance Hawk- Richmond vs. William Millard; Erie Insurance Company, et al.
PA- James A. Villanova; J- Hummel
* On May 2, 2010, Millard was operating his Harley on Pine Hill near Sherrard with Richmond as a passenger. As a direct result of Millard’s negligence, Richmond has sustained serious personal injuries and is entitled to recover general and special damages.
Case number: 12-C-46

Glass Bagging Enterprises, Inc. vs. L.A. Pipeline Construction Company, Inc.
PA- W. Howard Klatt; J- Karl
* Plaintiff seeks to determine the validity and amount of a claim that supplied certain supplies and materials necessary to construct natural gas pipelines. A balance of $165,447.90 is owed.
Case number: 12-C-47

March 20
Dana Deem vs. Joshua Doty and State Farm Mutual Automobile Insurance Company
PA- Ronald Wm Kasserman; J- Karl
* On Feb. 22, 2011, Deem was a pedestrian at the home located at Benwood Hill, when Doty negligently backed his vehicle in her pinning her leg between car and the premises. Deem, by counsel, attempted to make a claim for medical payment coverage with State Farm. Deem resided with a family member on Feb. 22, 2011, and is entitled to her underinsured motor vehicle coverage. Judgment for compensatory and punitive damages are demanded.
Case number: 12-C-49

March 23
Megan Moore vs. Yvonne Hartley
PA- Eric M. Gordon; J- Karl
* On Nov. 29, 2010, defendant failed to yield the right-of-way and pulled onto First Street striking the side of Moore’s vehicle. She sustained bodily injuries and seeks a judgment for probable future damages.
Case number: 12-C-51

March 26
Frank Edward Gonchoff and Tonia Sue Gonchoff vs. HSBC Bank Nevada, N.A. and Martin P. Sheehan, Trustee vs. HSBC Bank Nevada, N.A.
PA- Thomas E. McIntire; J- Karl
* The Gonchoffs’ attorney contacted HSBC advising them to cease and desist all telephone calls and correspondence to plaintiff. This conduct caused a reckless disregard for the emotional well-being of plaintiffs. An award is sought to fully compensate them for damages sustained.
Case number: 12-C-53

March 28
Estate of Teresa Mae Hicks by its Executrix, Leslie M. Hicks, Leslie M. Hicks, Christa Hicks, Jeffrey Ryan, Belinda Sue Ryan Meadows and Jerry Dean Ryan vs. AB Resources, LLC, TriEnergy, Inc., and Chevron U.S.A., Inc.
PA- Paul J. Harris; J- Karl
* Plaintiffs entered into an oil and gas lease agreement for an annual payment of $890. Failure to make timely payments have materially breached the lease. The date of expiration on the lease should be 2012. Plaintiffs seek the Court determine the lease to be 5 years.
Case number: 12-C-55

Sherry Butler vs. Nicholas Atwell, Jodi Atwell, Jordan Haynes, Michelle Koyden Haynes, and Long Ball, LLC d/b/a Home Plate Lounge
PA- Paul J. Harris; Shawn L. Fluharty; J- Hummel
* In the early morning hours of Oct. 2, 2010, defendants Atwells physically attacked, kicked, ripped out plaintiff’s hair and stomped on her rib cage. The Lounge failed to render assistance to Butler. Upon information, the Lounge had banned Atwells for engaging in a previous altercation. A jury trial is demanded for compensatory and punitive damages.
Case number: 12-C-56

March 29
Thomas Alderman vs. Regis Construction and Takara Belmont USA, Inc.
PA- Thomas Alderman; J- Hummel
* Plaintiff Alderman was on the premises of defendant Regis’ retail store/salon, on March 29, 2010. He was sitting on a barber’s chair seat when the attached mounting bracket broke. He fell backward and struck his head on a nearby stocking shelf. Plaintiff incurred medical expenses and part of his injuries are permanent for which he will suffer future expenses.
Case number: 12-C-60

Brett Francis vs. Nationwide Mutual Insurance Company
PA- Jacob M. Robinson; J- Karl
* Francis was insured under a policy which had underinsured motorists bodily injury limits of $25,000 per person. Darrell Ray Ramsey Jr. violently struck Francis in a rear-end collision on June 8, 2007; thereby causing permanent injuries and damages. Nationwide wrongly denied Plaintiff the underinsured motorists bodily injury policy limits. Francis seeks compensatory damages.
Case number: 12-C-61

April 5
Erie Insurance Group vs. Richard Groskopf
PA- Jason P. Pockl; J- Karl
* About April 2, 2010, on Bethlehem Boulevard, defendant negligently operated his pick-up truck, owned by Deel Heating and Air; operated by James Deel, in which Rick Russ was a passenger. Russ suffered bodily injury and Erie Insurance has and will pay sums future sum to its insured Russ in an amount yet to be determined.
Case number: 12-C-64

April 6
Sidney J. Wood vs. Kylie J. Howard, Connie J. Howard and Michael O. Howard
PA- Rodney T. Berry; Eric M. Gordon; J- Hummel
* Wood was walking alongside his bicycle, heading east, approaching the 12th Street and Parriott Avenue, when he made a left hand turn. Kylie Howard failed to stop at this same traffic sign, striking plaintiff; knocking him to the roadway. Wood sustained bodily injuries, some are believed to continue into the future. Judgment is demanded to sufficiently compensate his injuries.
Case number: 12-C-65

April 13
E. Jean Hall, Executrix of the Estate of Earnest B. Hall, deceased vs. CSX Transportation Inc. Individually and as successor in interest to the Chessie System, Inc., The B & O Railroad, and The Chesapeake & Ohio Railway
PA- R. Dean Hartley; Julie Magers; J- Karl
* During his tenure with defendant, plaintiff was exposed to dangerous and toxic asbestos. Decedents occupational exposures to toxic substances throughout his career caused him to contract lung cancer which ultimately caused his death. The estate demands judgment allowed under the FELA as proven at trial.
Case number: 12-C-70

April 13
Ethel Ward, executrix of the Estate of Charles R. Ward, deceased vs. CSX Transportation Inc. Individually and as successor in interest to the Chessie System, Inc., The B & O Railroad, and The Chesapeake & Ohio Railway
PA- R. Dean Hartley; Julie Magers; J- Hummel
* Ward worked as a Blacksmith from 1977 to 1995, at different locations, not limited to Huntington. His employment necessitated spending time exposed to dangerous and toxic asbestos. This exposures to toxic substances throughout his career caused him to contract lung cancer which resulted in his death on Aug. 31, 2011. Judgment is demanded under FELA as proven at trial.
Case number: 12-C-71

Frank Schachtele vs. CSX Transportation Inc. Individually and as successor in interest to the Chessie System, Inc., The B & O Railroad, and The Chesapeake & Ohio Railway
PA- R. Dean Hartley; Julie Magers; J- Karl
* Plaintiff employment necessitated spending significant time around dangerous and toxic asbestos. This occupational exposure throughout his career caused lung cancer. Plaintiff’s health problems have forced him to incur medical expenses which will continue in the future. A trial by jury is demanded.
Case number: 12-C-72

Van L. and Vicki L. Aston vs. Chesapeake Appalachia, L.L.C., an Oklahoma limited liability company
PA- Eric M. Gordon; J- Hummel
* On Feb. 1, 2012, the parties entered into a Water Impoundment Agreement. Chesapeake recently advised plaintiffs that defendants into to truck water to the Aston well pad site. This is in direct contradiction of said agreement and constitutes a breach of contract. Compensatory and punitive judgment is sought.
Case number: 12-C-73

April 16
Richard C. and Carla V. Yoho vs. Richard L. and Darlene K. Martin and Richard L. and Darlene K. Martin d/b/a Affordable Renovations
PA- Herman D. Lantz; J- Karl
*During the past several years, the defendants have intentionally trespassed upon two of plaintiff’s right- of- ways. Damage to their driveway and septic tank have resulted. Plaintiffs say they have been deprived use of their destroyed property. Demand for a true and final property line is demanded.
Case number: 12-C-74

April 18
Brian and Tabitha Cavanaugh vs. AB Resources PA, LLC; John W. and Mary Alice Miller; Chief Oil and Gas LLC; Sedco Consulting, LL; Union Drilling, Inc.; and BJ Services Company
PA- Clayton J. Fitzsimmons; Robert B. Warner; J- Hummel
* Union Drilling drilled through an abandoned underground coal mine causing methane gas to flow for 14 hours. Failure to take appropriate safety measures for the presence of methane gas is claimed. Despite the unsafe condition that existed in the workplace, defendants failed to evacuate the area and instructed the crew members to continue working. On Jun. 7, 2010, the methane gas ignited a massive fire that burned over 70 ft. high. The flames burned for 5 days after the explosion. Brian Cavanaugh suffered severe, permanent burns and injuries. Punitive and compensatory damages are sought to deter defendants from such reprehensible conduct in a trial by jury.
Case number: 12-C-75

April 24
Brad A. Behanna vs. Gito, Inc., d/b/a Nello Construction Company; Cost Management LLC; and Cost Company LP
PA- Thomas D. Hall; J- Hummel
* On Nov. 18, 2010, plaintiff was operating his tractor-trailer, carrying cement planks to defendants’ construction site. Defendants’ employee instructed plaintiff to park his truck on a 45-degree, muddy slope, where it would be unloaded. The tractor began to slide backwards; jackknifed, and caused Behanna to be thrown into and pinned against other construction components. He was airlifted to AGH. Some of the damages sustained are permanent. A jury trial is demanded.
Case number: 12-C-79

April 25
Rhonda Schultz vs. Chelsea Ebbert
PA- Daniel M. Balgo; J- Karl
* This action for negligence arose from an automobile crash on April 29, 2010. As a result of defendant’s failure to maintain his vehicle Schultz was struck on Route 88. She sustained bodily injuries and seeks a judgment for damages sustained is sought.
Case number: 12-C-81

April 30
Patricia S. Hoskins and Mary Jako; Clarence Rulong; William R. and Linda L. Standiford and Lewis A. and Cathy Aston vs. AB Resources, LLC, a Delaware limited liability company
PA- Jonathan E. Turak; Eric Gordon; Daniel J. Guida; J- Hummel
* Plaintiffs bring this lawsuit on behalf of those persons similarly situated in various counties throughout the State of Virginia. The class period is from Jan. 1, 2010 to date. Plaintiffs are owners of oil and gas leases containing improper deductions. Punitive and compensatory damages are sought for this unjust enrichment.
Case number: 12-C-84

David W. Schrack vs. Range Resources- Appalachia, formerly f/k/a Great Lakes Energy Partners, LLC, a Delaware limited liability company, et al.
PA- Daniel J. Guida; Jonathan E. Turak; J- Hummel
* Defendant’s concealment; failure to disclose resulted in many landowners entering into oil and gas leases in which they received far less than the fair market value and a delay in rental payments. It is further claimed that defendants unjustly notarized signatures when they had a qualifying interest in said documents. Plaintiff seeks a declaration of duties and obligations of the parties under the multiple documents and the Lease, dated Jan. 17, 2009, be declared null and void. A trial by jury is demanded.
Case number: 12-C-86

Joseph L. Crow, Jr. vs. William L. Hubbard; Bonnie Zelic; Bradley L. Hubbard, and John Paul Smith, Jr.
PA- Joseph L. Crow, Jr.; J- Hummel
* About July 1, 2008, Plaintiff purchased real estate in the Franklin District. A property line dispute occurred between the parties in regard to the intersection of their shared property. Defendants have refused to move the camper that was placed on plaintiff’s property. As a direct result, plaintiff demands compensatory damages for his losses. Plaintiff seeks damages in an amount to be determined by jury.
Case number: 12-C-87

May 2
Melanie Madden vs. Marshall County Public Service District #4; Mark Fitzsimmons; Donna Crawford and George Lagos
PA- David A. Jividen; J- Karl
* On May 2, 2011, the defendants, by and through a telephone call from George Lagos, informed Madden, that her position with Marshall County had been eliminated. She believes her position had been eliminated in retaliation of her making good faith reports of wrong doing or waste to defendants. Injunctive relief in the form of the reinstatement of her position is demanded.
Case number: 12-C-90

May 4
Walter A. Streight, and Autumn Lynn Streight and David Alvie Streight, by their next friend and guardian, Walter A. Streight vs. Appalachian Railcar Services, Inc., and Ohio Power Company, and American Electric Power Service Corporation; Wheeling Power Company d/b/a AEP Ohio
PA- Kathleen J. Fantazzi; Jonathan E. Turak; J- Humel
* Plaintiff Walter Streight was employed by Appalachian Railcar, as a welder supervisor for the past eight years and was assigned to work exclusively at the Mitchell Plant. On May 6, 2010, Streight was assigned to unload a flat bed tractor carrying a load of coal car wheel sets. While performing this task the forklift caught plaintiff’s left heal, ran over and crushed it. Streight has required multiple surgeries and will require additional surgeries in the future
Case number: 12-C-91

May 7
Russell w. Strope, Craig Strope and Donna Strope vs. Range Resources – Appalachia, LLC, f/k/a Great Lakes Energy Partners, et al.
PA- Daniel J. Guida; Jonathan E. Turak; J- Carl
* The defendants, in concert with each other, have engaged in lease negotiations with plaintiff in regard to oil and gas leases. Legitimate controversy exists requiring a judicial declaration of legal obligations.
Case number: 12-C-92

Estate of Roger M. Crow, deceased, Patricia L. Crow, Renee Crow Barker and David Barker vs. Range Resources – Appalachia, LLC, f/k/a Great Lakes Energy Partners, et al
PA- Jonathan E. Turak; Daniel J. Guida; J- Hummel
* The Estate owns 164 acres of real property and successor in interest to the oil and gas rights hereunder. The result of recent technological development of drilling methods enables the gas companies to cost effectively drill deep shall. A controversy exists requiring a judicial declaration that the Lease should be declared null and void.
Case number: 12-C-93

May 7
Arnold and Ruth Chambers and James W. Chambers vs. Range Resources – Appalachia LLC f/k/a Great Lakes Energy Partners, et al
Range Resources – Appalachia, LLC, f/k/a Great Lakes Energy Partners, et al
PA- Jonathan E. Turak; Daniel J. Guida; J- Karl
* The Chambers own about 100 acres of land with the oil and gas rights within. The oil and gas companies are now able to effectively develop deep shale formations. Defendant Huffman’s failure to disclosed conduct allowed him financial advantage over the plaintiffs. Judgment is demanded for their economic loss and slander of title.
Case number: 12-C-94

Marjorie and Michael Kuzma vs. Morris Joseph Bucan
PA- Gregory A. Gellner; J- Hummel
* On May 25, 2010, Marjorie Kuzma was operating her vehicle west of Interstate 470 near Bethlehem. She slowed for traffic, and Bucan rear- ended her so severe that she was shoved into the vehicle in front of her driven by Sunila Mehrotra. Plaintiff suffered injuries to her neck and the right side of her body. Her therapeutic expenses, in excess of $5,000 to date, are sought along with a compensatory judgment.
Case number: 12-C-95

May 11
Chrisanna and Charles Phillips vs. The Kroger Co, d/b/a Kroger, an Ohio Corp., and Kroger Limited Partnership
PA- Jacob M. Robinson; J- Hummel
* On May 19, 2010, Chrisanna Phillips was shopping at the Lafayette Avenue Kroger. She slipped and fell on a light blue liquid or substance. Defendant breached a duty they owed by failing to maintain a safe premise. Compensatory judgment is demanded.
Case number: 12-C-99

May 17
Michael and Judy-Lynn Riley vs. Caiman Eastern Midstream LLC
PA- Eric M. Gordon; J- Hummel
* On Jul. 21, 2011, plaintiffs granted Caiman the right to enter the private roadway 15 feet from plaintiff’s structure. Heavy traffic caused significant vibration to occur to Riley’s modular home. Further, plaintiff entered a parking pad adjacent to their home bulldozing and breaking up the concrete. Compensation is sought for the damages sustained.
Case number: 12-C-101

May 18
John R. Yanen and Christine R. Astipalitis vs. Tim Wayne Tyler, II; Ellen L. Tyler
PA- Eric M. Gordon; J- Karl
* Plaintiffs purchased the property and residence on Spruce Street on May 18, 2010, from defendants for $325,000. The plaintiffs say the defendants should have known of the water problems in their basement and the problem with the pool liner prior to selling the property. These defects diminish the value of the property. Compensatory damages are sought.
Case number: 12-C-102

May 22
Erma Vance vs. Ohio Valley Regional Transit Authority
PA- Christopher J. Regan; J- Hummel
* Near the Kroger parking lot on April 16, 2011, Lawrence E. Russell was operating a passenger bus within the scope of his employment with defendant. He lost control and veered into a light pole when plaintiff was a passenger. As a direct result of this negligence, she suffered fractures to her hip. Compensatory and general damages are requested.
Case number: 12-C-103

Sheila J. Fitzpatrick, Individually and as a member of Blaney Farms LLC vs. Cynthia J. Ward, Individually and in her capacity as Manager of Blaney Farms LLC, Dale P. Ward and Blaney Farms LLC
PA- Herman D. Lantz; J- Hummel
* Willard O. and Rena Blaney transferred three parcels of real estate to Blaney Farms on May 12, 1999. In June 2009, defendant Ward entered into an oil and gas lease with Chesapeake Appalachia. Plaintiff requested Ward re-convey the property that was wrongfully conveyed to Cynthia J. and Dale P. Ward. This deed was based upon fraud, deceit and bad faith. Fitzpatrick seeks an award for compensatory and punitive damages.
Case number: 12-C-105

May 23
Gene Ann Mare Blythe, as Administratrix of the Estate of Charles Richard McIntire, deceased vs. Consol Energy, Inc. and Joseph Ontko
PA- Mark A. Colantonio; Robert P. Fitzsimmons; Clayton J. Fitzsimmons; J- Karl
* Plaintiff’s decedent McIntire was employed by Consol as a timber/ laborer working at the Shoemaker Mine on Oct. 17, 2011. Ontko was McIntire’s direct supervisor and responsible for his safety. Ontko instructed the work crew to clean up material that had fallen at main line haulage located by River Portal in the mine. Despite unsafe working conditions, McIntire was required to operate the ditch digger pursuant to Ontko’s directives. McIntire attempted to coast through the “Jump Area” but was unsuccessful. The ditch digger tram forward crushing him underneath the machinery. His right leg was severed off at the hip. H experienced significant pain until the ditch digger was lifted off. He was transported to Wheeling Hospital where he was pronounced dead nearly two hours later. A jury judgment is demanded for this wrongful death.
Case number: 12-C-106

June 7
Marco’s Service Center Inc. vs. Greg’s Deli Inc.
PA- Gary A. Sacco; Robert G. McCoid; J- Karl
* Plaintiff entered into a leasing agreement on Feb. 28, 1995, for property located on Wheeling Avenue. The purpose of said lease was for operating a gasoline service station. A sublease agreements were entered by defendant. On Dec. 1, 2011, defendant ceased paying plaintiff the sums due under a sublease entitling plaintiff immediate possession of the demised premises. A duty was owed to plaintiff to maintain the premises in proper functioning working order. Judgment is demanded for the amount of $136,000 in damages by a jury trial.
Case number: 12-C-112

June 8
Robert R. and Donna D. Reynolds vs. Kenneth L. Hillbery; Arrissa I. Hillbery; Shelly Buzzard d/b/a Sun Valley Realty, Maria Rayl and Joseph R. Canestraro
PA- Jeffrey R. Miller; Lester C. Hess, Jr.; J- Hummel
* On June 12, 2010, plaintiffs and Hillbery defendants entered into a sales contract for two parcels of real estate for $135,000. Defendants verbally represented to plaintiffs the parcels sold were contiguous. Defendants further represented to plaintiffs the property included the Pole Barn, when in fact a portion of the barn was located on property not owned by Hillbery. Plaintiffs were forced to purchase .44 acre parcel from Floyd Clark in order to gain sole ownership of the Pole Barn. Judgment is demanded for the deceased property value and losses summarized in this complaint.
Case number: 12-C-113

Janet Savage vs. Thomas J. Shiver
PA- Gerasimos (Jerry) Sklavounakis; J- Hummel
* On June 8, 2010, near the intersection of Tomlinson Ave and 6th Street, defendant collided with plaintiff, then continued to strike the rear of a parked vehicle. As a result of this conduct, plaintiff had to be treated by health care professionals. Adequate compensation is sought for damages and losses.
Case number: 12-C-115

June 13
Becky S. and William P. Kovalick vs. Phyllis C. Hartley
PA- Jeffrey V. Kessler; J- Karl
* Plaintiff settled with defendant’s insurer Nationwide from a collision between the parties which occurred on Jan. 5, 2012. Kovalick was covered by an underinsured policy issued by Erie Insurance. Settlement is demanded to compensate their injuries.
Case number: 12-C-116

June 21
Taylor Shane Simms vs. Shelia Crow
PA- David C. White; J- Karl
* On June 22, 2010, Crow piloted her vehicle into the plaintiff’s vehicle. Her failure to maintain a safe distance resulted in various injuries to Simms. A compensatory judgment, with costs, is requested.
Case number: 12-C-118

June 23
Arthur Timmins vs. Cody Dillon Midcap and John Doe(s)
PA- Jacob M. Robinson; J- Hummel
* Defendant has been unable to determine the owner of the ATV vehicle operated by Midcap. When the name is ascertained, Timmins will seek leave to amend this complaint. Midcap violently struck plaintiff, a lawful pedestrian, on June 24, 2010. The hit and run occurred at a railroad crossing in Cameron. Plaintiff incurred divers and sundry expenses for injuries permanent in nature. A trial by jury is demanded.
Case number: 12-C-119

June 25
Pearl M. Rodriguez vs. Kroger Limited Partnership I, a corporation
PA- Rodney T. Berry; J- Hummel
* On July 11, 2011, plaintiff was leaving Kroger when she was struck and injured by a shopping cart in the parking lot. Judgment against defendant is demanded to compensate her injuries.
Case number: 12-C-121

June 27
Debbie Rotriga vs. Azz Glavinizing Inc.
PA- Daniel M. Balgo; J- Karl
* Plaintiff was employed almost three years, beginning April 2009. She needed time off in connection with her pregnancy. Her first day returning to work, her superior informed her that she would be placed on probation. Rotriga was terminated after 30 days of employment. Compensatory damages are requested for injuries both past and present.
Case number: 12-C-122

June 28
Anthony Skrypek vs. McElroy Coal Company
PA-Eric M. Gordon; J- Karl
* Defendants conducted longwall mining operations within and adjacent to plaintiff’s Cameron property in early September 2010. The property situated thereon suffered damages, not limited to foundation shifts. To date, defendant has failed to repair plaintiff’s land or adequately compensate him. Relief is sought for compensatory and punitive damages.
Case number: 12-C-124

June 29
Melvin D. Oliver Jr. vs. American Commercial Lines Inc. and its wholly- owned subsidiary Commercial Barge Line Company, individually and as successor-in-interest through merger and acquisition to American Commercial Barge Lines, LLC national Marine, LLC, National Marine, Inc., Dravo Mechling Corporation, Union Mechling Corporation, and Union Barge Line; Commercial Barge Line Company
PA- R. Dean Hartley; J. Michael Prascik; J- Hummel
* Plaintiff was employed as laborer around brown-water vessels from 1973 to 1999. He was routinely exposed to various carcinogenic products. Severe and permanent injuries resulted from these exposures producing a diagnosis of follicular B-cell lymphoma in October 2009. These injuries were caused by the unseaworthiness of the vessels on which he worked. Plaintiff demands a trial by jury.
Case number: 12-C-125

June 29
Betty Wise vs. D.D. Exterior Enterprise LLC d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Hummel
* About May 25, 2010, plaintiff signed a contract with defendant to construct a new roof for the sum of $5,777.12. In December 2010, Wise first noticed the roof was leaking. As a result, her property became damaged. A repairman never was sent despite frequent requests. A request for total damages of $50,000 is demanded.
Case number: 12-C-127

Teresa Kay Warble vs. Warren Distribution, Timothey Beaver, Steve Hess and Todd Dikeman
PA- Jacob M. Robinson, George N. Sidiropolis; J- Karl
* During the scope of Warble’s employment at Warren, she was consistently subjected to sexual innuendo, dirty tricks and unwanted forms of harassment motivated because of her gender. Defendants failed to take affirmative measures and scheduled Warble to work with employees it had suspended for their prior acts of sexual harassment. She was subsequently discharged for reporting the unlawful conduct. Compensatory and punitive damages are demanded.
Case number: 12-C-128

July 3
Dennis Lee and Deanna Gobble vs. J.H. Fletcher & Co.; Maxxim Rebuild Co.
PA- R. Dean Hartley; Patrick C. Timoney; J- Karl
* On July 6, 2010, Dennis Goble was employed by Dickenson Russell Coal Company at the Laurel Mountain Mine. He was operator of a machine identified as a “Fletcher Roof Bolter.” Gobble sustained serious and permanent injuries when the canopy of the operator’s compartment of the Roof Bolter came down on him while he was in the operator’s compartment; crushing his head and body against the machine. The Roof Bolter was reconditioned by Maxxim and manufactured by Fletcher. Compensatory damages are demanded in an amount to be determined by trier of fact.
Case number: 12-C-130

July 6
Larry K. Hustead vs. D.D. Exterior Enterprise LLC d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Hummel
* Mr. Buchanan inspected plaintiff’s roof and informed him there was hail damage. His solicitation resulted in a contract being signed on May 12, 2010. The following month supplies were delivered and placed in plaintiff’s front yard. The subcontractors began their work mid- July. Plaintiff contacted Buchanan to inform him of an expected rain storm. No one came to cover the roof and water soak through the ceiling on the first floor. Defendant led Plaintiff to believe that the problems with his roof would be resolved. A trial by jury is demanded.
Case number: 12-C-132

Sherry Lusk, f/k/a Sherry Rhodes vs. D.D. Exterior Enterprise, LLC, d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Hummel
* About June 6, 2010, Lusk signed a contract to construct a new roof on her house. During the removal of the existing roof, plaintiff’s air vent and air conditioner were damaged by throwing shingles on them. Plaintiff had to carry buckets of water out of her house when it rained. She contacted the Attorney General’s office who gave Defendant a final opportunity to resolve the violations; which he failed to perform. A trial by jury is demanded.
Case number: 12-C-133

Larry Jenkins vs. D.D. Exterior Enterprise, LLC, d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Hummel
* On May 15, 2010, Joseph Bates, acting as an “insurance specialist” for Defendant, approached and informed plaintiff that Equity One was inspecting roof in Plaintiff’s neighborhood for hail damage. A contract was entered into on this day to replace plaintiff’s roof on his house, garage, and carport. Defendant materially breached the contract. A trial by jury is demanded.
Case number: 12-C-134

July 9
Melissa Goldbaugh, Administratrix and Personal Representative of the Estate of William S. Goldbaugh and Melissa Goldbaugh, Individually and as Mother and Next Friend of Timothy Goldbaugh, a Minor, and Andrew Goldbaugh and Nicole Goldbaugh vs. A & B Sales, Inc. and A & B Sales, Inc., d/b/a A & B KIA and KIA Motors America, Inc.
PA- Anthony I. Werner; Joseph J. John; J- Karl
* The 2007 Kia Optima was built to be crash worthy when it was sold to William and Melissa Goldbaugh, on Nov. 21, 2007. While traveling in Dayton Beach, on I95, a vehicle being driven in the wrong direction caused a head- on collision with the Goldbaughs. As a result, William Goldbaugh was severely injured and died as a result of the injuries. Kia sold a defective product wherein welds failed and the driver’s side air bag did not deploy. Plaintiffs demand a trial by jury.
Case number: 12-C-135

July 9
Kevin Rogier vs. Haas Environmental, Inc.
PA- Todd S. Bailess; Joy B. Mega; J- Hummel
* Rogier worked for Haas as a safety technician from April 2012 until his discharge on May 10, 2012. Defendant failed to pay plaintiff his wages within 72 hours of being discharged. Damages and remedies are demanded by a jury trial.
Case number: 12-C-136

July 10
Gerald D. and Juanita Beucke vs. City of Moundsville and Joseph Scarlata
PA- James G. Bordas, Jr.; J. Zachary Zatezalo; J- Hummel
* About Feb. 2, 2012, Gerald Beucke was a patron of Bakers Laundromat in Moundsville. As he attempted to enter the premises, he stepped into a gap between the ground and an unsecured water meter cover which was flipped over. Beucke fell into the opening that housed the water meter. This failure to maintain the premises resulted in injuries. Compensatory and general damages are sought.
Case number: 12-C-138

July 20
Wendy Marie Scatterday vs. Robert L. Robinson
PA- J. Zachary Zatezalo; J- Karl
* On March 6, 2012, defendant drove into the pathway of a vehicle driven by plaintiff, on Route 250. This failure to maintain control and proper lookout resulted in damages which may be ongoing. Judgment is demanded.
Case number: 12-C-139

July 17
Bart Beckley, Individually and as the Administrator of the Estate of Charles Galen Beckley vs. Charles L. Schultz and Charles T. Schultz
PA- James A. Varner; Michael D. Crim; J- Hummel
* On March 13, 2012, Charles Beckley was a pedestrian walking northbound on Frontage Road, in the company of a friend. Charles L. Schultz hit Beckley, hurling him through the air resulting in catastrophic injuries, proximately causing his death. It is believed that Schultz was using a cellular phone and was distracted at the time he struck the decedent. The estate demands compensation for this gross negligence.
Case number: 12-C-140

Margaret Daugherty vs. D.D. Exterior Enterprise, LLC, d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Karl
* Plaintiff signed a contract with defendant to construct a new roof, on July 26, 2010. Plaintiff left an exposed area on the porch during an attempted repair. Defendant did not return for several weeks; plaintiff had to cover the exposed area with her own shower curtain. Damages are demanded for this negligence and breach of contract.
Case number: 12-C-142

James and Donna Maxwell vs. D.D. Exterior Enterprise, LLC, d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Karl
* On July 5, 2010, Plaintiffs signed a contract to construct new roofs on their house, garage, and carport. Upon completion of the job, Plaintiffs’ ceiling leaked in the bedroom, “sagging almost to the point of falling in.” Damages for this negligent breach of contract are sought in a trial by jury.
Case number: 12-C-143

Robert E. and Jean Roberts vs. D.D. Exterior Enterprise, LLC, d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Hummel
* On July 6, 2010, Plaintiffs signed a contract with defendant to construct a new roof for plaintiff’s house and siding for the sum of $16,697.51. Mr. Buchanan assured that 40 year shingles would be installed; yet, defendants installed 30 year shingles. Numerous items have remained unrepaired. A request for damages of $65,000 is demanded in a trial by jury.
Case number: 12-C-145

Michael Berlin vs. D.D. Exterior Enterprise, LLC, d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Karl
* On July 15, 2010, Plaintiff signed a contract to construct a new roof, gutters, soffit, fascia, and siding for Plaintiff’s house in the sum of $16,000. One of the crew members struck Plaintiff’s sewer line while working on the back deck roof. The crew foreman told the crew member to keep his mouth shut. Plaintiff had to pay Panhandle Cleaning and Restoration approximately $12,000 out of pocket expenses. The amount of damages for this negligence and breach of contract will be determined at trial.
Case number: 12-C-146

William and Melinda Smith vs. D.D. Exterior Enterprise, LLC, d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Hummel
* Plaintiff signed a contract to construct a new roof on their house for the sum of $7,281.39. Water damage exists on and behind the bedroom wall. Individuals who sleep in this room experience breathing problems and headaches. There are concerns that there may be mold behind the wall. Total damages for repair and replacement costs are demanded in the amount of $50,000.
Case number: 12-C-147

July 27
John M. and Tonda Angiulli vs. Ray Anthony, LLC , a/k/a Ray Anthony International, LLC, and John Scarfo
PA- Joseph H. Fox; J- Karl
* Angiull was operating a truck owned by Nichols Construction on Aug. 11, 2010. Scarfo was the operator of a tractor owned by Ray Anthony; traveling southbound in the opposite direction, on Route 250. Scarfo operated his vehicle in such a fashion as to over- correct or over- steer the vehicle. The trailer attached to Plaintiff’s vehicle struck, with great force, against a guardrail before dragging Plaintiff’s vehicle and causing injury to the Plaintiff. Damages are claimed in a trial jury.
Case number: 12-C-156

Paul and Amy Kaschke vs. D.D. Exterior Enterprise, LLC, d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Hummel
* Defendant’s representative inspected Plaintiff’s roof and informed them of hail damage. About June 2010, a contract to replace the entire roof and chimney was signed. During construction, Plaintiffs notified Defendant of their concerns that the roof had “many waves.” A new contractor was hired who determined the poor workmanship would not last another year. A total request of $50,000 is sought for repairs and damages.
Case number: 12-C-157

Mary Ellen Fluharty vs. D.D. Exterior Enterprise, LLC, d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Karl
* A contract was signed for the construction of a new roof, on July 21, 2010, for the sum of $7,500. Completed construction on the roof resulted in numerous problems with additional damages. In Nov. 2010, Plaintiff contacted the Attorney General who contacted defendants. The work agreed upon was not completed and damages and costs are sought.
Case number: 12-C-158

Sondra Cuchta vs. D.D. Exterior Enterprise, LLC, d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Hummel
* A contract was signed to construct a new roof on Plaintiff’s house for the sum of $9,653.60. During construction, open holes were left in the roof. A complaint was made to the State Attorney’s Office. A final opportunity to resolve its investigation of Defendant’s violation was given. Damages on all counts are sought in a trial by jury.
Case number: 12-C-159

Carmina Oakland vs. D.D. Exterior Enterprise, LLC, d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Karl
* On Sept. 4, 2010, a contract was entered for the construction of a new roof in the amount of $4808.25. Plaintiff wrote a letter to Defendant explaining that her roof had seventeen leaks and that the box gutters were replaced with paper. As a result of this negligence, Oakland has been damaged, including the cost to repair the roof and internal damage to her home. Plaintiff demands a trial by jury.
Case number: 12-C-160

July 30
Noah K. and Cheryl Whitt vs. Dewey Dulany and John Doe
PA- Jacob M. Robinson; J- Hummel
* On July 29, 2010, in the parking lot near Dorsey Street, Dulany collided with Whitt who was a walking pedestrian. At this time, Plaintiff was insured by Peak Property and Casualty Insurance. He is entitled to the full benefits of all uninsured coverage from Peak. Whitt has incurred medical expenses to effect a cure for his injuries, in amount yet to be determined. Demand is made for a trial by jury to compensate Plaintiff for his damages.
Case number: 12-C-161

Judd W. Caldwell vs. Frederick Games, II as next friend and guardian of Kolby Games, a minor
PA- David A. Jividen; J- Karl
* On Aug. 19, 2011, Caldwell was traveling north on Big Grave Creek Road. Games was traveling in the opposite direction when he crossed the center line and collided with Caldwell. Games was cited for this violation. Caldwell’s injuries may be permanent and he believes he will incur additional medical expenses for which he seeks adequate compensation.
Case number: 12-C-162

July 31
John Thomas Wilson vs. J.F. Allen Company and John Doe Company
PA- Ronald W. Zavolta; J- Hummel
* J.F. Allen was hired through the State of West Virginia to perform construction related services on W.Va. 2. Said work included the removal of dirt. Defendant negligently failed to exercise a duty of reasonable care owed Plaintiff. Defendant moved rock, soil, and dirt to an unfit location on Wilson’s property. Failure to adequately secure and maintain said construction area have deprived Plaintiffs loss of use and diminution in value of their property. Compensatory damages are demanded.
Case number: 12-C-163

Aug. 3
Mallory Ball; Charles Buzzard vs. Bradley Littleton; Tri-State Ambulance, Inc.
PA- Brent E. Wear; Herman D. Lantz; J- Karl
* Ball was driving a vehicle owned by Buzzard and entered the intersection of Tomlinson and Second Street, on July 14, 2011. Defendant Littleton was operating an Ambulance and negligently drove into the driver’s side of Buzzard’s vehicle causing a collision to occur. Ball was caused to be injured in and about her head, neck, and body; and inasmuch as all or part of her injuries are believed permanent and lasting in nature. Plaintiff’s medical care and attention to date are $10,825.60. Compensatory damages are demanded.
Case number: 12-C-164

Mary Cogar vs. D.D. Exterior Enterprise, LLC, d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Hummel
* About May 2010, Plaintiff signed a contract for the construction of a new roof on her front and back porch, for the sum of $1,456.14. During the first rainstorm, following Defendants completed construction, the roof leaked. Plaintiff used three (3) large buckets to catch the water that poured into her home. As a direct result of Defendant’s conduct, Plaintiff has been damaged and demands compensation.
Case number: 12-C-165

Mary Brooks vs. D.D. Exterior Enterprise, LLC, d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Karl
* Plaintiff signed a contract to construct a new roof on her residence, on Aug. 4, 2010. After Defendant completed construction of the roof, Plaintiff noticed that a portion of the roof was not finished. An agent of Cutter’s Roofing and Siding inspected the roof and informed Plaintiff that her roof was installed incorrectly. Judgment for $25,000 is demanded for this breach of contract.
Case number: 12-C-166

Aug. 9
Sharlene F. Lucey vs. Thomas P. Takitch, Sr.
PA- Pro Se; J- Karl
* Lucey says Takitch came on Oct. 15, 2009, to pick up six of the 12 dairy Holsteins and returned the following week to pick up the remaining six. There was an understanding that he would pay for all 12 head at the end of October 2009. On Nov. 19, 2009, Takitch filed a Chapter 12. Lucey did not receive payment for her cattle and to her understanding, Defendant is no longer in possession of the cattle. Numerous calls to Defendant have gone unanswered. Lucey seeks justice.
Case number: 12-C-168

Aaron Birtcher, individually and on behalf of all others similarly situated vs. Consolidation Coal Company
PA- Sandra K. Law; J- Hummel
* The Plaintiff was employed at the Marshall County facility, until Feb. 17, 2012. Class members were discharged at various times from 2007 to 2012; benefits and wages were not paid in a timely manner. The Court is asked to appoint Plaintiff as a representative of the class and award each member allowable damages.
Case number: 12-C-169

Lisa Reilly- Koontz and Whitney Koontz vs. Michael Alan Grow and Allen E. Clyburn
PA- David A. Jividen; J- Karl
* Plaintiff Whitney Koontz was a front seat passenger in Lisa Koontz’s vehicle, on Aug. 21, 2010. They were traveling eastbound on Route 86 near Glen Dale Heights and Michael Grow was traveling in the opposite lane of traffic. Grow struck the guardrail and then the struck the vehicle Koontz was operating. Grow was cited for traveling left of center by law enforcement. Both Plaintiffs have suffered physical pain. Punitive damages are also sought for extreme intentional and outrageous conduct.
Case number: 12-C-170

Aug. 13
Scott Mandirola, Director, Division of Water and Waste Management, WVDEP vs. J & D Gasoline Alley and John and Diane Young
PA- Jonathon Frame; J- Karl
* To date, Defendants have failed to remit payment of fees owed WVDEP, as directed by both the Notices of Violation and a Sept. 7, 2010 Order. Defendant has incurred additional annual registration fees associated with the UST system at issue. The registration fees owed currently total $3,600.
Case number: 12-C-172

Aug. 17
Kenneth and Sharon Tucker vs. D.D. Exterior Enterprise, LLC, d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Hummel
* Defendant’s representative inspected Plaintiff’s roof and informed them there was hail damage. The roof of a second house, owned by Plaintiffs, was also inspected. Hail damage was found on that roof , also. A contract was signed to replace both roofs. The roofs leaked during a rainstorm. Tar was applied over the open areas in an attempt to fix the leaks. Compensation is requested for the breached duties owed.
Case number: 12-C-177

Aug. 17
Lula Elwanda Gilmore vs. Range Resources-Appalachia, LLC, formerly known as Great Lakes Energy Partners, LLC, et al
PA- Daniel J. Guida; Eric Gordon; Jonathan E. Turak; J- Karl
* Plaintiff is the owner of 87.862 acres of land in Marshall County, along with the gas rights. Recent technological developments of drilling methods, the oil and gas companies are now able to cost effectively extract and transport oil and gas rights from property owners. Compensatory damages are sought for economic loss, slander of title, along with lost opportunities for use of her land.
Case number: 12-C-178

Robert E. and Rosemary Y. Conner vs. Range Resources -Appalachia, LLC, formerly known as Great Lakes Energy Partners, LLC, et al
PA- Daniel J. Guida; Jonathan E. Turak; J- Hummel
* As a result of recent technological developments in horizontal drilling, the oil and gas companies are now able to effectively develop deep shale formations like the Marcellus and Utica formations. This advancement in technology engulfs a much greater surface area, is more disruptive to the surface of the land than that of shallow well drilling. Plaintiffs were misled about the extremely low offer price per acre required under state law. The Court is requested to make a declaration regarding Defendants’ respective duties and judgment is demanded for compensatory damages to all economic loss.
Case number: 12-C-179

Sammy W. and Martha A. Anderson; John A. and Patricia A. Bungard, Sr.; Brandy Jo and Douglas J. Hudson; Kevin R. Evans; Gregory A. Knight; Vernon and Judith E. Knox; Hubert and Andrea Kuhn; Dorothy L. Pettitt; Charles A. and Jacqueline Susan Pettit; James Russell Wise, Jr.; Sharon M. Wise and Viola Jane Wise vs. Range Resources -Appalachia, LLC, formerly known as Great Lakes Energy Partners, LLC, et al
PA- Daniel J. Guida; Jonathan E. Turak; J- Karl
* The subject leases expired under their own terms and are no longer in full force and effect. The possession of Plaintiffs’ lease rights by Defendants Range, Chesapeake and/or Statoil, constitute an unlawful holding over, as the subject leases have expired. The acts engaged herein represent an ongoing slander of title to Plaintiffs’ properties. Punitive damages should be assessed, in a trial by jury, to punish Defendants and deter similar bad faith conduct in the future.
Case number: 12-C-180

Aug. 21
James L. and Connie Gorder vs. Precision Pipeline Equipment, Inc., and Eliott Pasquarette
PA- David L. Delk, Jr.; J- Hummel
* About June 18, 2012, at or near the intersection of Burch Ridge Road and W.Va. 2, Pasquarette negligently caused his vehicle to collide with a motor vehicle operated by Plaintiff.
Case number: 12-C-181

Aug. 22
Cherie and Charles Buzzard vs. DolgenCorp, LLC, d/b/a Dollar General Stores; and HMDG, LLC, et al
PA- C. Richard Wilson; J- Karl
* Cherie Buzzard slipped and fell as a result of a liquid that had accumulated on the floor near the check out area. Defendants failed to take steps to eliminate the hazard. As a result, plaintiff has incurred medical expenses and may incur additional future expenses. A judgment is sought in an amount to be determined by jury.
Case number: 12-C-182

Aug. 23
Melissa D. Wallace vs. Darrell H. Taylor
PA-Eric M. Gordon; J- Karl
* About Aug. 31, 2010, the plaintiff was heading south on Wheeling Ave./ WV Route 2, in Glen Dale. She stopped in the passing lane waiting for traffic to clear in order to make a left turn onto Lindy Lane. Defendant was traveling south behind plaintiff when he struck her from behind. Wallace sustained bodily injuries and medical bills for which Judgment is demanded.
Case number: 12-C-184

Aug. 27
Credit Union of Ohio, Inc. vs. Deborah Dean
PA- Ryan S. Marsteller; J- Karl
* On Jun. 1, 2008, the Defendant executed loan documents related to a line of credit. Dean has failed and refused to pay amounts loaned and the Plaintiff is owed the sum of $8,452.61. This amount along with pre- and post- judgment interest is demanded.
Case number: 12-C-186

Aug. 28
Credit Union of Ohio, Inc. vs. Deborah Dean
PA- Joseph R. Canestraro; J- Karl
* About Sept. 20, 1984, Wheeler was bequeathed real estate situate in Washington District. In April 2003, Defendant erected a fence on Plaintiff’s property and prior to this erected a building onto 8 feet of Plaintiff’s property. Plaintiff demands that a final property line be determined. Compensatory damages are requested.
Case number: 12-C-188

Aug. 31
David Radar vs. Consol Energy, Inc., a Corporation, and John Doe, (1-10), individually and in his capacity as an employee, servant or agent of Consol Energy, Inc.
PA- Herman D. Lantz; J- Hummel
* Radar owns certain property located in Glen Easton. Said property was used by the Plaintiff as a family camp. Plaintiff discovered, in Jan. 2011, Defendants had boarded up and taken dominion of the property. Plaintiff contacted Consol who offered to purchase said property for $27,000. Radar seeks a judgment for compensatory and punitive damages.
Case number: 12-C-193

Sept. 4
Roger H. Hall, Jr. vs. Gastar Exploration USA, Inc.
PA- Joseph R. Canestraro; J- Karl
* Gastar placed 3 horizontal wells, labeled as Hall wells #1, #2, and #3, on Plaintiff’s property, and commenced drilling operations in July 2011. Defendant owed a duty not to use the surface of Plaintiff’s land for drilling operations without Hall’s permission. Defendant has failed to adequately reclaim the disturbed well area and has failed to compensate Plaintiff for same. The Court is asked to adequately compensate Hall for his damages.
Case number: 12-C-194

Sept. 7
Judith M. Booth and Eric Booth vs. Amy E. Hill
PA- Clayton J. Fitzsimmons; J- Karl
* Judith Booth was traveling south on WV Route 2, on Mar. 10, 2012, when she came to a stop in the traffic lane. Defendant drove into the rear end of Plaintiff’s vehicle; causing a collision to occur. The collision caused Plaintiff’s vehicle to strike the vehicle that was in front of her. As a result, Booth sustained personal injuries and damages. Lost wages and medical expense are requested in a trial by jury.
Case number: 12-C-198

Sept. 14
West Virginia University Hospitals, Inc. vs. Joshua A. Sprague
PA- Edward L. Harman, Jr.; J- Hummel
* Sprague owes WV University the sum of $13,618. for services rendered. Judgment is demanded together with 7% interest.
Case number: 12-C-203