WEST VIRGINIA RECORD

Sept. 5
Kristen Ellen Hamilton, Donald Lemon Hamilton v. Wells Fargo Home Mortgage and LaSalle Bank National Association and Wells Fargo Home Mortgage Inc. d/b/a American Servicing Company
PA-Aaron C. Amore; J-Thomas Steptoe Jr.
* The Hamiltons claims Wells Fargo, LaSalle Bank National Association breached the forbearance agreement entered between the couple and American Servicing Company over an deed of trust. The couple claim that even after converting to a Chapter 13 bankruptcy, Wells Fargo and LaSalle Bank seeked to foreclose on the Hamilton's property. They also claim the banks refused payment, then accepted payment, then refused it again saying the property was in foreclosure. The Hamiltons claim joint venture, conspiracy and agency, mortgage fee violations and breach of fiduciary duty. The couple seek to enjoin the banks from pursuing a foreclosure sale and recording a new deed, which is the result of illegal foreclosure sale, cancellation of debt, monetary damages for the illegal acts by the banks, statutory damages for each violation adjusted for inflation from 1974, attorney fees and other relief the court may
deem reasonable.
Case number: 07-C-314

Sept. 6
Pamela Abigill v. Estate of Kenneth D. North
PA- pro se; J-Thomas Steptoe Jr.
* Abigill claims before North's death she loaned him $30,000 in March 25 at 3.7 percent interest, $7,143 of a loan with no interest and $4,221.25 in merchandise purchased and sold at Stone House Antique. She is seeking $42, 771.68 from the estate.
Case number: 07-C-315

Jeremy Batts and Susan Batts v. Century 21 Sterling Realty
PA-Christopher Stroech; J-Thomas Steptoe Jr.
* The plaintiffs first inspected the lot at 628 S. Samuel St., Charles Town, on Jan. 7, 2007, at which time Rick Boswell, agent for Century 21, told them that the lot size extended to the rear alley. After their offer was accepted, they expressed a need for a survey. The Battses claim Boswell told them one was not needed. After moving into the home the Battses discovered that the actual size of the lot was nearly half of the represented size. The Battses are seeking damages permitted at law including but not limited to compensatory and punitive damages, attorneys' fees and costs.
Case number: 07-C-316

Sept. 7
Jason Scales and Rebecca Scales v. Doug Obendorfer, Michael Katiens and James Obendorfer, all and each individually, and as partners and owners, and/or d/b/a Magnola Design Group
PA-Robert Schiavoni; J-Thomas Steptoe Jr.
* The Scales are former employees of the defendants who were hired to work on the construction and modeling of houses in Jefferson County. The Scales worked on several properties owned by the defendants, but were not paid for any of their services. They claim Obendorfer promised $10,000 for two of the properties and $50,000 for the third. The Scales are seeking attorneys' fees, costs, interest, the production of all payroll and timekeeping records together with a full accounting of all wages paid and owed, the records of all payments, contracts and communications between the two parties.
Case number: 07-C-317