WEST VIRGINIA RECORD

Jan. 22
Miriam and Christopher Conroy, individually and on behalf of their minor children, Morgan and Colin Conroy v. Vincent Dagostino, Farm Family Casualty Insurance Company, a foreign corporation, Patricia L. Barnes, senior claims representative for Farm Family Casualty Insurance Company, Myra Nelson, claims assistant III for Farm Family Casualty Insurance Company, John or Jane Doe, the unidentified claims manager for Patricia L. Barnes, John or Jane Doe, the unidentified claims manager for Myra Nelson and John or Jane Doe, the unidentified director and/or supervisor of all automobile claims in West Virginia for Farm Family Casualty Insurance Co.
PA-Laura C. Davis; J-Gina Groh
* On March 12, 2006, Miriam Conroy was driving her automobile on Flowing Springs Road in Jefferson County when her vehicle was hit by another car driven by Dagostino. She was injured as a result of the crash and totaled her vehicle. She claims the injuries impacted her family member's lives. At the time of the accident, Dagostino failed to have a liability insurance policy on his car and was uninsured. Miriam Convoy had an automobile policy with Farm Family that provided uninsured motorist coverage limits of $300,000 per person/$300,000 per accident. Farm Family has failed to resolve medical payment claims. She is claiming breach of the duty of good faith and fair dealing, unfair trade practices. She is seeking compensatory and punitive damages against Farm Family Casualty Insurance Co. and its employees for violating the West Virginia Unfair Trade Act. She is also seeking punitive damages against Dagostino. In addition, she is seeking pre-judgment and post-judgment interest.
Case number: 08-C-19

Jan. 23
Joshua Elsmore and Shannon Elsmore v. Summit Community Bank Inc., an affiliate of Summit Financial Group Countrywide Home Loans Inc.
PA-Aaron C. Amore; J-Gina Groh
* Both Joshua and Shannon Elsmore were employees of Summit Mortgage. Shannon Elsmore had been an employee since September 2003; Joshua Elsmore since October 2003. In April 2005, they purchased a residential property at $301,715. That same month they executed a promissory note and deed of trust in favor of NVR Mortgage for $256,450. They also applied $49,962.23 cash down at In April 2005, there were inappropriate and altered images of Joshua Elmore sent through company e-mails. He works from home until offered a new job by Summit Company Bank to which he has to move. The company agreed to pay for moving costs and six months of mortgage payments. Application for the loan of new home does not list the "bridge loan" to Summit as a debt or as a creditor. Joshua Elsmore claims Theresa Ritter he would be making $100,000. He claims his salaried position is much less. In May 2006, Summit Bank stops assisting with mortgage/bride loan payments. June 2006, Shannon Elsmore and her sister are both fired from the company. He is claiming breach of duty of good faith and fair dealing in every contract. He claims they breached their duty by preceding into foreclosure despite clear inaccuracies in the title and obvious illegality. He would like the court to enter declaratory judgment that practices are illegal. He also claims that Summit arranged for a bogus appraisal of both properties that overinflated its value on several occasions. He is seeking $4,263.23 for each violation. He is also claiming predatory lending and is seeking actual damages and a civil penalty of $4,263.23 for each violation. He claims joint venture, conspiracy and agency as well as fraud, unconscionable conduct, civil rico and excessive late fees.
Case number: 08-C-23

Brent M. Jackson, Cash & Go Inc., a Maryland corporation authorized to do business in West Virginia; Just Trucks Inc., a Delaware corporation, authorized to do business in West Virginia v. David F. Brackett
PA-Michael Scales; J-Gina Groh
* Jackson lent Brackett various sums of money for a commercial enterprise, believed to be the buying and selling of real estate for Jackson's personal account. He has lent Brackett more than $300,000 and were repaid except for $95,000. When Brackett did pay Jackson, he stopped payment on the check. Jackson believes Brackett's dealings were fraudulent. He is claiming breach of contract. Brackett has paid some of the total, but Jackson is still seeking $42,000, plus interest on the statutory rate from March 1, 2006 until paid.
Case number: 08-C-28