THIS JUST IN: Jefferson County

By The West Virginia Record | Apr 4, 2008

March 4

March 4
S. Edward Said and Jocelyne Said v. Magnolia Design Group
PA-Kenneth Barton Jr.; J-Gina Groh
* On April 28, 2006, the Saids entered into a contract with Magnolia to build a new home. The construction was to be completed by Oct. 1, 2006. They put a deposit down of $60,000. By Dec. 19, 2006, the house was not completed and the Saids extended $34,781.40 for materials. The Saids decided to terminated the contract and requested a return of their deposit and other payments. They are claiming breach of contract, declaratory relief, breach of duty of good faith and fair dealing and are seeking punitive damages.
Case number: 08-C-87

March 13
FIA Card Service N.A. f/k/a MBNA America Bank, NA v. Lisa Young
PA-John Balenovich; J-Gina Groh
* FIA is seeking $27,350.54, from Young for an unpaid debt.
Case number: 08-C-103

March 14
Scott Electric v. R.J. Brown and Sons Electric LLC, Brackenridge Contruction Co. Inc. and WVA 340 LLC, doing business in Jefferson Crossings LLC and Wells Fargo Bank, N.A.
PA-Andrew Frye III; J-Gina Groh
* Scott Electric has filed a Notice of Mechanics Lein upon the real estate of Lot 4 at Jefferson Crossing. Scott Electric claims it has provided and delivered materials to R.J. Brown, a subcontractor of Brackenridge from July 20, 2007, to Aug. 6, 2007. The business claims it is owed $49,428.63 plus interest. Several other liens have also been placed against WVA 340 LLC. Scott Electric demands that the court ascertain the liens and priorities on the property of WVA 340 LLC , that the real estate of WVA 340 be sold to pay and satisfy the Notice of Mechanics Lien of the company and any other liens against the defendants.
Case number: 08-C-106

March 25
Josetta Gladney, Cheryl Wilfong, Ruth Johnson, Amy Cawthorn and David McCauley, individually and as a class members v. AB&C Group Inc, a corporation, Reliant Equity Investors LLC, a limited liability company, Bluesky Brands Inc., a corporation, Robert Pulciani, Philip Wax, Christopher Stevens, Carr Preston, Qian Elmore, Thomas Darden Jr., Larry Morgan, Cathy Jo Van Pelt and Kimberly Myers
PA-Paul Taylor; J-Gina Groh
* The plaintiffs were employed by the West Virginia by AB&C Group Inc., until their employment was terminated on March 14, 2008. The plaintiffs were due to them payment for work and services performed prior to March 14. Through the date of the filing, the plaintiffs had not been paid their wages. The plaintiffs believe that some of all the funds that would have been used to pay plaintiffs wages and other related expenses were misappropriated by the officers of the defendant corporations. The plaintiffs are seeking that the court pierce the corporate veil of Reliant and BlueSky and find that all three defendant corporations are liable to their former employees for their losses and damages. They also want the court to appoint a commissioner to determine the amount of wages and other payments due and owing to them. And that the court order the payment of accrued and unpaid wages in an amount to be determined. Plaintiffs are also seeking an award of monetary damages for emotional distress. And set-aside any preferential transfers of money and property made by the defendant corporations and their officers and employees that may be found to be the fruits of the fraud against the plaintiffs. They are also seeking a special receiver to secure the assets against further loss and/or misappropriation as well as certify class action status to the plaintiffs and appoint class representatives. The plaintiffs are seeking their claim of compensation, damages, costs, expenses and attorney fees no less than $5 million and urge the court to remit any amounts above $5 million that may be recovered
Case number: 08-C-116

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