West Virginia Record

Oct. 25
State of West Virginia ex rel. Darrell V. McGraw, Jr. vs. Ace Group Holdings, Inc. and its insurance subsidiaries.
PA- Douglas David; J- Gaughan
* The Attorney General alleged Ace Insurers made arrangements with various Producers, including Marsh & McLennan. These arrangements included bid- rigging and market allocations violating various laws. This resulted in Ace Insurers charging artificially inflated prices for commercial insurance policies they sold to clients of March and other Producers. Ace denied their activities violated federal or state antitrust laws and Ace does not admit liability. A Settlement was entered into and adjudicated on Oct. 25, 2007. Ace desiring to resolve concerns of Attorney General, without trial, have consented to the entry of the Agreed Final Judgment & Stipulated Injunction. Ace is enjoined from conducting affairs stated in the Complaint and further agreed ed to pay costs of investigating and prosecuting this action.
Case number: 07-C-481

Linn Lemmon and Tony Lemmon vs. Matthew Sutphin and Nicole Sutphin
PA- Lemmon, pro se; J-Mazzone
* On Nov. 4, 2005, Lemmon loaned $8,000 to Sutphin to be repaid in 12 months. The remaining balance of $7,150 has a resulted in a breached contract and an unjust enrichment. Incidental and consequential damages are sought in addition to the balance.
Case number: 07-C-482

Oct. 26
Curtis Randall Wallner vs. RXI Plastics, Inc, Silgan Plastics Corporation and Joseph G. Kibert, an individual.
PA- Nicholas Wininsky; J- Gaughan
* Wallner worked for RXI from 1991 to May 9, 2006. At the time leading up to his termination, he says a female co-worker wrongly and falsely accused him, about June 2004. He was removed from his work team and place on another so he and this co-worker could be separated. Reported complaints of harassment were given little or no attention by management. A year later he was positioned on a team where the female worked. He states he was propositioned and declined her advances. He claims wrongful discrimination in discussing his medical condition with Human Resources prior to his termination. Direct and proximate results include wrongful intentional neglect, tortious, perceived disability disdiscrimination, age discrimination, age of protected worker 40 & up, retaliatory discharge, sexual harassment, hostile or offensive work environment. Compensatory damages for all economic loss sustained as a result unlawful actions and for the humiliation, embarrassment, degradation, emotion and mental stress, anxiety, annoyance, and inconvenience, along with an award of punitive damages, pre- post judgement interest, fees and costs are sought.
Case number: 07-C-483

Oct. 29
Novastar Mortgage Inc. vs. Colleen E. Bass or Unknown Occupant, 9 Poplar Lane, Wheeling, WV 26003 Mark A. Bass, 9 Poplar Lane, Wheeling, WV 26003
PA- Nathan Wasser; J- Wilson
* Novastar filed a motion for an order directing Bass deposit monies in the registry of the Court. A complaint in Ejectment failed in two attempted services on Oct. 30 and 31, 2007. Novastar says, on Sept. 8, 2004, Bass negotiated a promissory note in the amount of $128,000.00 and secured a deed of trust owned by Bass. The account has been delinquent as of May 23, 2007 in the amount of $5,653.72. Novastar asks that, the 1st day of the month next following service, Bass be required to pay the Clerk the monthly mortgage payment in the amount of $1,408.43.
Case number: 07-C-484

Wes Banco Bank, Inc. vs. Judy L. Ebbert and Larry O. Ebbert, Jr.
PA- Marie Bechtel; J- Wilson
* Ebbert received an unsecured personal loan on May 3, 2005. The terms of the Promissory Note for $14,095.00 with 11.95 percent interest, is 90 days in default as of June 27, 2007. Balance due and owing of $10,410.77, with an interest rate of 11.95 percent, late fees, costs and expenses are sought.
Case number: 07-C-485

Oct. 30
Wes Banco Bank Inc. vs. Ernest M. Pandelos
PA- Marie Bechtel; J- Gaughan
* On May 29, 2004, an unsecured loan was received for $21,095.00, with annual interest rate of 9 percent. Allongers were executed and the Promissory Note was extended. On July 29, 2007, Pandelos defaulted in excess of 90 days.
Case number: 07-C-487

Linda Moore vs. Joshua Burkhart
PA-J. Zachary Zatezalo; J- Wilson
* Traveling North on W.Va. 2, on Nov. 1, 2005, Moore was rear-ended when Burkhart, following too closely, failed to maintain his vehicle. A complaint for specific performance says, on March 29, 2007, by written contract, an agreement was entered into to acquire and transfer interest in property located at to convey the property. Miller seeks a decree directing specific performance and general warranty deed to the properties, along with costs of this suit and attorney fees.
Case number: 07-C-488

Oct. 31
Desiree Williams vs. Tracey V. Zonker and Rick Zonker
PA- Jacob Robinson and Ronald Zavolta; J- Mazzone
* Williams was a passenger in a vehicle traveling W.Va. 2, on Feb. 10, 2006. At 313 Main Street, she says Zonker collided with the 1990 Buick Regal driven by Lisa Montgomery. As direct and proximate result of this negligence, Williams has sustained injuries to her neck, head, back and body and has incurred divers and sundry expenses for medical care, in excess of $20,000, to date. Judgement is sought, jointly and severally, for compensatory damages, along with pre- and post-judgment interest and costs.
Case number: 07-C-490

Joyce McKenzie and William L. Reffitt vs. City of Wheeling; Officer Mariner; and Ace Garage
PA- Peter Suwak; J- Wilson
* McKenzie and Reffitt own a '94 Dodge Ram van with an approximate value of $10,000. This vehicle was parked in a driveway at 601 Market Street. Although it was in need of some sort of tune up, the licensed and registered van was parked on property owned by McKenzie. Mariner directed the van be seized and towed because he said kids would climb on the vehicle and get hurt. The vehicle was towed by Ace and Reffitt did not have the funds to retrieve the van and the fees accrued beyond his ability to pay. He claims the City of Wheeling failed to ratify the conduct of its officer and such conduct is claimed to have deprived him of his civil rights. These actions are said to constitute a tort of trespass due to the unauthorized and unwarranted entry onto his private property. A demand for judgment in an amount to be determined by a jury, with costs and other relief as the Court deems proper, is sought.
Case number: 07-C-491

Hannah M. Chiplinski, a minor, by her guardians Jerome Chiplinski and June Chiplinski and June Chiplinski, individually vs. Ohio County West Virginia Board of Education
PA- Lawrence Manypenny; J- Wilson
* Chiplinski entered the 6th grade at Triadelphia Middle School during the 2005/06 school year. Since kindergarten she has been handicapped as defined by Federal and State laws and regulations and qualifies for special education services because of her seizure disorder. Since 2000 she has been under IEP (Individualized Education Plan) in Ohio County Schools. Prior to Nov. 4, 2005, the Board was in receipt of an Order from Chiplinski's physician requiring a full time aide be in the same school building and available to her. On this specific date the mother was called to the school and upon arrival found her daughter being held while having a seizure, eventually she was strapped down and restrained. Despite the MMP and Positive Behavior Support Plan, an aide was not provided and this negligence allowed the medical provider to restrain the child. As a direct and proximate result, she was transported by ambulance and suffered emotional distress, trauma, missed a significant amount of school, deprived of education and has required a significant amount of medical treatment. The results of subsequent acts and omissions have caused Chiplinski to incurred attorney's fees and costs in excess of $100,000. A Writ of Mandamus is requested, along with judgment to fairly compensate those entitlements under statute for the injuries suffered.
Case number: 07-C-492

Nov. 2
Malinda Hall, Malinda Hall next friend of Kevin Morris, a minor, and Kevin Morris, in his own right, vs. Claude Beaudin and Les Transports Cormier- Thorne, Inc.
PA- David Robinson, David Robinson, Ronald Zavolta; J- Wilson
* While traveling as a restrained passenger in a 2000 Dodge truck, Hall was violently struck by Beaudin, who was operating a 1998 Petertbilt truck, which is used as a family vehicle within scope of his employment and same is owned by Les Transport, a Canadian company whose principal place of business is located in Quebec. Direct and proximate cause of this negligence to her neck, head, back, shoulders and muscle tissue has caused her to incur divers and sundry hospital and medical expenses to date for approximately $13,910.000. Hall seeks judgment against Beaudin and Les Transports, jointly and severally, as compensatory damages with pre- post judgment interest and costs.
Case number: 07-C-493

Hope Lutz vs. Claude Beudin, Les Transports Cormier- Thorne, Inc., Progressive Direct Insurance Company
PA- David Robinson; J- Gaughan
* While operating her vehicle, Lutz was violently struck by Beaudin. He was operating a truck, which is used as a family vehicle within scope of his employment with Les Transport. Due to negligent careless acts of Beaudin, violation of the Motor Vehicle Code of the State of West Virginia, along with failure to obey traffic devises and keep a clear distance has resulted in $9,150.00 in medical expenses. Her condition is believed to be permanent in nature and impedes her ability to carry out her responsibilities, both socially and recreationally. Lutz states she has been deprived the use of her 2000 Dodge truck without compensation. Judgment is sought against Beaudin and Les Transports, jointly and severally, as compensatory damages along with pre- post judgment interest and costs.
Case number: 07-C-494

Richard F. Haught and Laura E. Haught vs. Experienced Title Inc., f/k/a Gannoe & George Title, Inc., f/k/a Gannoe & Hooper Title, Inc., John Doe, Esq.; John Doe Little Insurance Company, Inc.; Michael E. Hooper; Fidelity National Title Insurance Company of New York; William E. Reed, II; and Debby J. Gannoe
PA- Jeffrey McCamic, Jay McCamic; J- Mazzone
* On Sept. 4, 2003 the Haughts closed on the refinance of 183 Clearview through Main Street Bank who contracted Gannoe & Hooper to provide title examination. On Oct. 25, 2005 Haughts entered into contract to sell this property and discovered a notice of estate tax lien against the estate of John R. Fahnestock, a predecessor to Haughts, which clouded title. Fidelity failures resulted in violations of West Virginia Code, West Virginia Consumer Credit and Protection Act, violation of statutes, civil conspiracy, fraud, and tort of outrage. Compensatory damages against the defendants are sought, both jointly and severally, along with punitive damages. An order is requested to deter defendants from engaging in similar conduct, along with pre- post judgment interest fees, expenses and costs.
Case number: 07-C-495