WEST VIRGINIA RECORD

Nov. 5
Joanne C. Wagner and Robert M. Wagner, her husband v. Wheeling Island Gaming, Inc.
PA- Donald J. Tennant; J- Wilson
* While staying at the facility on Jan. 30, 2008, Mrs. Wagner fell against an "extended angle" iron at the end of the bed. Failure to maintain the hidden defect caused her to sustain physical pain and suffering, along with loss of consortium, for which compensatory relief is demanded.
Case number: 08-C-427

Nov. 6
Belmont Savings Bank vs. Clarence E. Price
PA- Marie C. Bechtel; J- Gaughan
* An Ohio judgment had not been satisfied from an award issued on Sept. 29, 2008; therefore, the creditor requests a copy of an authenticated foreign judgment be recognized and recorded herein.
Case number: 08-C-428

Nov. 7
Florence C. Wood vs. Forest City Commercial Management Inc. dba Brookpark Place and Brookpark Place Associates Limited Partnership dba Brookpark Place
PA- Jacob M. Robinson; J- Recht
* Brookpark is an apartment community for elderly residents where Wood was a resident when she was struck when the automatic door censors malfunctioned, on Nov. 8, 2006. She claims Forest City negligently failed to maintain, inspect, repair, and remedy the front entrance doors. This failure to implement proper safety protocol is a direct and proximate result of her injuries. She believes diver and sundry expenses will incur in the future as a cure is affected for her injuries, which compensatory damages are sought.
Case number: 08-C-429

Lijkel Dijkstra, individually, and on behalf of other similarly situated individuals v. Harry J. Carenbauer; Home Loan Center dba Lendingtree Loans; HLC Escrow; Lender First Choice; Encore Credit Corporation nka Performance Credit Company; Chase Home Finance LOLOC; Option One Mortgage Company; Wilshire Credit Corporation; Empire Fire and Marien Insurance Company; Merrill Lynch Mortgage Lending, Inc.; Lasalle Bank, NA, as Trustee MLMI Trust Services 2007 SD1; Daniel J. Mancini, Esq.; John Doe Lenders, Loan Broker, Assignees, Loan Closers, Loan Servicers, Inspectors, Appraisers and/or Agents or Employees thereof
PA- Michael A. Adams; J- Wilson
* On May 30, 2005, Dijkstra borrowed the sum of $114,350 from Home Loans Center, with an adjustable rate note on the subject residence at 406 North Front St.; appraised at $163,500. The Court is asked to find that perpetrated intentional mispresentations in violation of West Virginia Consumer Credit Protection Act are warranted to award punitive and compensatory damages by a jury trial.
Case number: 08-C-430

Nov. 13
Kristen N. Seabright v. Erin E. Fankhauser
PA- David A. Jividen; J- Wilson
* After investigating an accident on Mar. 16, 2007, it was concluded that Seabright did not contribute to the circumstances of the collision. Instead, it was determined that Fankhauser had followed too closely. As direct and proximate results of this act, it is claimed that future suffering will occur. Accordingly, an injunction is sought prohibiting insurers from disseminating information during the course of litigation.
Case number: 08-C-433

Nov. 14
Sterling Auto Body and Paint Inc. vs. Susan Brownlee aka Suzanne Brownlee and American General Financial Services of America Inc.
PA-S. David Wilharm; J- Gaughan
* This action centers on title and ownership of a 2001 GMC Sierra, in which a contract was entered on Oct. 22, 1007, to transfer ownership and title for $1,500. After performing various improvements, totally $6,113.70, Sterling discovered, in June 2008, that the title in his possession actually belonged to another GMC vehicle. Fraud and unjust enrichment is claimed.
Case number: 08-C-434