This Just In: Berkeley County

By Beth Henry | Feb 29, 2008

Feb. 4
Robert W. Trumble and Mark Lowman vs. Fremont Investment & Loan and Fremont General Corp.
PA - Aaron Amore; J - Gray Silver
* Lowman and Trumble, as trustee for the bankruptcy estate of Lowman, claim the defendants violated state code by charging late fees of $78.16 more than 20 times on a mortgage loan, which is more than allowed by law. They are seeking statutory damages of $4,205.72 for each instance, plus actual damages of $10,000 for each instance and the cancellation of Lowmanás debt.
Case number: 08-C-106

Feb. 6
Westphal Hose Co. No. 5 Inc. vs. Branch Banking & Trust Co.
PA - Clarence Martin III; J - Gray Silver
* The Westphal Hose Co., a fire department and nonprofit organization, seeks that the defendant release funds within a building trust that was left in the will of W.W. Westphal in May 1941, so that the company can use the funds for a land purchase and construction of a new facility to accommodate Martinsburg's population growth and the need for a modern building. They also seek adjustments to the will and its remainder trust, to allow for the company to relocate.
Case number: 08-C-112

Feb. 7
Bonded Carriers Inc. vs. Hartford Fire Insurance Co.
PA - Mark Jenkinson: J - David Sanders
* The plaintiff claims the defendant breached an insurance policy for motor truck cargo after an incident in May 2007, when a trailer load from the plaintiff that was intended for Food Lion went missing from a distribution center. The load was worth $96,826.00, and the plaintiff paid $75,000 to Food Lion. Then the plaintiff's claim of $75,000 was denied by the defendant. Bonded Carriers seeks that amount plus other relief.
Case number: 08-C-120

Feb. 8
Branch Banking & Trust Co. vs. American Homes by United Builders LLC, John E. Petry and Robert L. Petry
PA - William Hallam; J - Christopher Wilkes
* The bank claims the defendants defaulted on the terms of an $11 million loan agreement from May 10, 2005, and as of Feb. 6, 2008, the outstanding amount due was $3,434,165.48. The plaintiff seeks that amount plus other relief.
Case number: 08-C-125

Robert L. Petry vs. National City Mortgage
PA - Aaron Amore; J - Gray Silver
* The plaintiff claims the defendant violated state code by repeatedly making debt collection calls, although he had informed the defendant that he had an attorney. Petry claims that the collection calls began in October 2007 at a rate of five or more calls per day. He did not specify the exact number of incidents. He seeks statutory damages of $100 to $1,000 for each violation, and actual damages of $10,000 for each incident, plus cancellation of his debt.
Case number: 08-C-127

Feb. 11
Sellmore Industries Inc. vs. American Homes by United Builders LLC, John E. Petry, Robert L. Petry, Deepinder S. Grewal and Harinder Sidhu
PA - James Atkins; J - Christopher Wilkes
* The plaintiff claims the defendants owe $17,991.68 plus interest for a past due account, and Sellmore Industries seeks that amount plus other relief.
Case number: 08-C-140

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