WEST VIRGINIA RECORD

March 26
Beazer Homes Corp. v. Mark-Tollhouse Woods LLC
PA-Thomas Gilpin and William T. Freyvogel; J-Gina Groh
* Beazer and Mark-Tollhouse entered into a lot purchase and development agreement for 69 detached, duly and properly subdivided single-family lots in Jefferson County. Beazer entered $512,608 for deposit to escrow agent. It was to be held until a confirmation notice was issued by Beazer. On Aug. 29, 2005, conditions were satisfied and money was released to Mark-Tollhouse. But if Mark-Tollhouse was unable to acquire the title than either party could terminate the agreement and the deposit would be returned to Beazer. Beazer terminated the agreement, but the deposit was not returned. Beazer is seeking the deposit as well as interest of 4 percent per annum in excess of the prime rate from July 2006 to when the judgment of the matter. If not determined under Count Two that Beazer was not entitled to the return of the deposit until Dec. 31, 2006, then from Dec. 31, 2006, or such other date when Beazer's right to return of the deposit first accrued.
Case number: 08-C-119

Aubrey Howell and Paula Howell v. Ford Motor Credit Co. LLC
PA-Aaron C. Amore; J-Gina Groh
* The Howells claim they received several phone calls from Ford and its representatives all in violation of the West Virginia Code. The Howells received calls on Jan. 25, 2008, through Feb. 5, 2008. They claim they notified Ford that they represented by counsel. The Howells are seeking a statutory damages adjusted for inflation for $4, 205.72 in favor of the plaintiffs for each violation; actual damages of $10, 000 for each incident; cancellation of the debt; an injunction to probit Ford for contacting them again or engaging in collection activities or reporting negative credit report information.
Case number: 08-C-120