West Virginia Record

Monday, July 15, 2019

Woman says former partner, parents have her mobile home, other belongings

By Chris Dickerson | Oct 18, 2007

WINFIELD – A Putnam County woman says her former partner and his parents are conspiring to keep a mobile home and other personal property from her.

Shanna Kay Morris filed a lawsuit Oct. 11 in Putnam Circuit Court against Joshau Todd Casto, Robert T. Casto and Pamela Casto.

In the complaint, Morris says she bought a mobile home Nov. 29, 2005. She and Joshua Todd Casto lived in the home in Buffalo until April 1, 2006. Then, she bought a second mobile home, using the first as a trade-in down payment, located in Red House.

Morris says Robert and Pamela Casto, Joshua Todd Casto's parents, agreed to obtain the loan for the rest of the purchase until she could pay off the debt. The home also was placed on their property as long as their son was named on the title.

By Dec. 11, 2006, Morris says she had paid off the debt. On Dec. 15, she left the home with her and Casto's child because of irreconcilable differences.

She had "fears of harmful behavior toward her and the minor child … and unwarranted charges of drug use," the complaint states. It says the drug charges later were proved negative in a family court matter.

Still, Morris says Casto has possession of the mobile home and other personal belongings.

Despite several attempts to retrieve the property, that still is the case, according to the suit.

The personal belongings include a bedroom suit, couch, chair, television in bedroom, dresser and chest in bedroom, dresser and chest in nursery, washer, dryer, a .22 caliber Marlin firearm and a 30/30 caliber Marlin firearm. She says all of the items are readily capable of identification.

The suit also says the items "have, upon information and belief, been removed from the mobile home and are stored in the home of defendants Robert T. and Pamela Casto."

Morris contends the parents are acting in concert "in an effort to assist defendant Joshua Todd Casto in the unlawful retention of the plaintiff's personal property."

She says the value of the items is about $15,000.

Morris says the defendants have fraudulently misrepresented that her property would be returned. This unlawful conversion and retention of personal property has caused her monetary and other injuries such as loss of use and enjoyment by her and her child, loss of sentimental value, depreciation by misuse or lack of maintenance.

She also says the defendants have gained unjust enrichment from their possession of the home and personal property.

She seeks the $15,000 jointly and severally or an order for the defendant to leave the home and allow her to regain possession. Morris also seeks interest, attorney fees and court costs.

Hurricane attorney Ronald K. Hatfield of G. Wayne Van Bibber & Associates is representing Morris, and the case has been assigned to Circuit Judge O.C. "Hobby" Spaulding.

Putnam Circuit Court case number: 07-C-431

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