THIS JUST IN: Marshall County

Jan. 28
Mary M. Oliver and Gerald L. Oliver vs. Drew E. Meeker
PA-Christopher Turak; J- Karl
* While traveling on Route 38, she suffered a head on collision on October 6, 2007. It is said that the direct and proximate result of injuries suffered were due to wanton disregard of the safety of others by driving under the influence of alcohol. Additionally, loss of marital consortium is claimed and punitive and compensatory damages are sought.
Case number: 08-0c-22

Feb. 5
Christopher Paul Beaver, By and Through Addie Sue Beaver, His Mother, Guardian and Next of Friend, and Addie Sue Beaver, Individually vs. Daniel Wayne Garvick; The County Commission of Marshall County and Heather Diane Richards
PA- Robert Fitzimmons; J- Madden
*Traveling on Lafayette Avenue, on March 11, 2006, he was a passenger of the vehicle of driven by Richards when they were struck by a deputy sheriff's vehicle. Judgment is sought jointly and severally, for the injuries sustained and the lost earning capacity.
Case number: 08-C-23

Feb. 8
Marion Weekly II and Billie Jo Weekly v. The Unknown Heirs of Charles Smith, is any whose names are unknown
PA- Eric Gordon; J- Karl
* It is requested that all unknown heirs appear so that the title to the subject property of the action be quieted and established and further that unknown heirs be barred to all right and interest in said real estate.
Case number: 08-C-26

Feb. 12
Ohio Valley Amusement Company v. Mound City Inc.
PA- Rodney Berry; J- Karl
* Within the last five years, O.V.A. has loaned Mound City a sum of $1,520,621 and demand is made for this amount, together with interest and costs.
Case number: 08-C-28

Feb. 13
In re the Child Jonathan Ellington & Barbara Burch vs. The West Virginia Department of Health and Human Resources & Bobbie Milliken aka Bobby Milliken
PA- Mark Blevins; J- Madden
* A verified petition seeks the immediate return of the child to his mother, without the waiver of other rights and remedies.
Case number: 08-C-29

Feb. 14
Melissa S. Estep, as Executrix of the Estate of Mary Catherine Lynch vs. David A. Estep, William Huggins (son), Danny R. Estep, Dustin D. Estep, Carrie D. Wood, Amanda A. Estep, Gregory S. Wood, William Huggins (grandson), Brian Huggins and Calvary United Methodist Church (Moundsville) PA- Thomas White; J- Karl
* Declaration is sought that Lynch's estate was disbursed according to her intentions and that her assets be divided into percentages, respectively.
Case number: 08-C-30

Feb. 20
Robert N. Smith and Erin P. Smith v. The CIT group/Consumer Finance, Inc., First National Mortgage Banc Inc. d/b/a Eagle Mortgage Inc., and Lucille A. Forsch d/b/a/ L.A. Forsch & Co.
PA- Daniel Hedges; Bren Pomponio; J- Karl
* This action arises out of a practice known as predatory lending were a mortgage broker, out-of-county appraisers and a national lender act together to exploit unsophisticated consumers by persuading them to enter in to high –interest mortgage loans that are not supported by the value of their home. The Court is requested to enter judgment declaring the foreclosure sale of the property unlawful and order title vested with Smiths, along with costs and fees.
Case number: 08-C-34

Feb. 21
Parkvale Bank vs. Dave E. Barry Christy Barry
PA- Steven Recht; J- Mazzone
* Judgment is sought for $10,480.38, with interest due on a 1998 Pontiac Bonneville, through Straub Honda.
Case number: 08-C-35

Feb. 22
Graig Allen Long 610 Main Street Benwood, WV 26031 v. Elizabeth A. Merola 249 Pennsylvania Avenue McDonald, OH 44437 and Tony J. Merola 249 Pennsylvania Avenue McDonald, Oh 44437
PA- Don Yannerella; J- Karl
* A collision occurred on March 4, 2007, while traveling on Marshall Street in Benwood, for failure to maintain control. The alleged injury sustained is believed to be less than $75,000.
Case number: 08-C-36

Feb. 27
John S. Decrease vs. Susan A. Lunau, a/k/a Sue A. Lunau
PA- Shane Mallet; J- Madden
* Following too closely and failure to maintain control caused a collision on Route 7, in Bridgeport, Ohio, on Feb. 27, 2006. Compensatory and punitive damages are sought for his injuries, along with interest and costs.
Case number: 08-C-37

Feb. 29
Nathan North, a minor, by his next Friend and guardian, Chad North vs. Robert L. Flowers and Susan Flowers, and John Doe 1-100
PA- Christopher Turak; J- Madden
* North sustained bodily injuries that included lacerations across his left eye, forehead, cheek and mouth, when he was attacked by a dog, on June 26, 2004. Unreasonable actions and omissions to the care and control of the dog constituted a breach of duty. Medical treatment, general damages for pain, suffering, loss of future earning capacity, and suit cost are demanded.
Case number: 08-C-39

March 4
R. & M. Dairy Leasing, Inc., an Ohio corporation v. Ralph Chaplin, Ella Bea Chaplin, and James R. Pettit
PA- Arch Riley Jr. and W. Eric Gadd; J- Karl
* An injunction is sought preventing the withholding of cattle and enjoining and restraining their employees from turning cattle over to R&M.
Case number: 08-C-42

March 4
Ralph R. Hoyt vs. Cassandra S. Tweedlie and Nancy L. Tusic
PA-Christopher Heller; J- Madden
* On April 3, 2006, while traveling on W.Va. 2, failure to maintain proper lookout caused a collusion. He believes his injuries to be permanent and seeks compensatory and general damages.
Case number: 08-C-43

March 6
Hudson & Keyse LLC, assignee of Fifth Third Bank v. Vickie L. Cecil and David L. Gump
PA- Ryan Marsteller; J- Karl
* On Nov. 4, 2005, a contract to purchase a 2000 Toyota Celica was entered for which $7,905.77, plus interest and costs is demanded and owing.
Case number: 08-C-44

Bayer MaterialScience, LLC v. The Honorable Christopher G. Morris, State Tax Commissioner, and The Honorable Christopher J. Kessler, Assessor of Marshall County, and The County Commission of Marshall County
PA-Herschel Rose; Steven Broadwater; J- Madden
* It is claimed the Assessor is permitted one of three valuation approaches and that the cost approach calculation was incomplete. A request for reduction of the industrial personal property tax by $21,129.771, and that the value be fixed $124,019,289.
Case number: 08-C-45