West Virginia Record

Sept. 28
Wesbanco Bank v. Robert G. Cusick
J- Mazzone; PA- Robert D. Plumby
* Cusick presented Wesbanco with a check to be cashed in the amount of $36,923.49 from Vanguard Fiduciary Trust Co. and deposited it in his bank account. Wesbanco was then notified the check was being returned due to a stop payment. Cusick's account was then charged for the sum resulting in an overdraft. $26,045.16 remains unpaid. Wesbanco seeks compensatory damages in the sum of the unpaid amount, pre and post judgment, and expenses.
Case number: 07-C-198

Tara Julio, parent of minor Alexandria Martin v. City of Weirton
J- Wilson; PA- Jason A. Cuomo
* Martin was driving her mother's vehicle when a Weirton police officer backed his car into her, pushed her car up on the curb, and caused her to strike a water meter payment box. Brad Reynolds, an eye witness, signed a statement placing blame on the police officer. The City neither called an outside agency to investigate, nor took the statement of the eye witness. Additionally, Julio claims they intimidated a minor by saying the wreck was her fault. Julio seeks judgment jointly and severally for compensatory damages in an amount to be determined by a jury and punitive damages.
Case number: 07-C-199

Ewusiak Development v. Daniel Milantoni and Cynthia Micucci
J- Recht; PA- Patrick A. Bennett
* Milantoni and Micucci leased a building from Ewusiak development. According to the agreement, no structural changes were to be made to the building without prior approval. Milantoni and Micucci made changes to the building despite the agreement. They later closed the bar they were operating in the building and removed their improvements causing damage to the building. They also failed to make monthly payments. Ewusiak seeks compensatory damages and the remaining rent of $32,000 along with fees and costs.
Case number: 07-C-200

William C. and Susan L. Hunt v. Johnnie H. and Laura L. Metz
J-Mazzone; PA- William Cipriani
* The Hunts claim the Metz's violated the Declaration of Covenants and Restrictions for developed land by placing a temporary structure on land they were renting from the Hunts. The Hunts seek injunctive relief, costs, and removal of the structure.
Case number: 07-C-202

Oct. 5
William T. and Nola Campbell v. Kevin and Carrie Kafton
J- Mazzone; PA- David F. Cross
* The Campbells entered into a land contract with Shirley Kafton for the sale of their estate totaling $43,000 to be paid in installments of $3,000 per month. Shirley Kafton signed her rights over to Kevin and Carrie Kafton in the sales contract. Kevin and Carrie Kafton failed to make monthly payments and eventually abandoned the property, leaving unpaid real estate taxes and destruction. The Campbells seek $5,247.08 in damages.
Case number: 07-C-206