THIS JUST IN: Boone County

by Harmon Marks |
Feb. 13, 2009, 1:00am

Dec. 26
EDUCAP Inc. vs. Loretta Epling and William Smith
PA-Clinton W. Smith; J-Thompson
* The plaintiff, based in Sterling, Va., provided a loan of more than $65,000 and seeks judgment for the loan amount, plus pre- and post-judgment interest, late charges, attorney fees, collection fees and court costs.
Case number: 08-C-292

Dec. 29
Bill Messer vs. Summit Ridge Community Church
PA-pro se; J-Thompson
* Messer, owner of Messer Construction of Julian, says the church located in Sumerco in Lincoln County owes him more than $13,400 on a $24,424 contract. The church, through attorney Roger D. Forman, countersued Jan. 20, seeking dismissal. It says it owes Messer nothing and that he is not licensed to do commercial work. It also claims more than $9,000 of the project had to be redone and was not completed at the time it canceled the contract due to defective work and/or inability or unwillingness to complete the work.
Case number: 08-C-293

Jan. 6
Howard Johnson and Loretta Blackburn (formerly Johnson) vs. Branch Banking and Trust
PA-Timothy P. Rosinsky; J-Thompson
* Plaintiffs financed $47,977 in August 2007 for a truck. Late last year, they "fell one month behind" in payments and told the bank they couldn't continue making payments. The truck was delivered to BB&T's Danville branch. They received a notice that $1,558 would cure their default and a letter saying $1,676 had been deducted from their joint checking account. Another letter informed Loretta Blackburn and her mother of the bank taking $2,212 from their joint account, which they claim was not authorized. The deductions, they say, resulted in checks bouncing. They seek jury trial, alleging theft, violation of the West Virginia Consumer Debt and Protection Act. They also seek punitive damages, attorney fees and costs.
Case number: 09-C-2

Jan. 7
Kathy Elkins vs. Eric Pauley
PA-pro se; J-Thompson
* Elkins seeks to have Pauley vacate the mobile home he contracted to buy or settle the $24,000 obligation from last July. Elkins, of Bob White, says Pauley now is responsible for eight items of costs, including such things as rent in fault of the sales agreement, an electric bill, renter's insurance, lot rent and court costs.
Case number: 09-C-3

Jan. 8
Jesse Combs and Brenda Combs vs. Panther Branch Coal Co. dba Long Branch Energy and John Does 1-5
PA-Wendle D. Cook; J-Thompson
* A January 2007 roof fall in the underground mine caused Jesse Combs to suffer severe and permanently disabling injuries, according to the complaint. The plaintiffs say the coal company failed to complete with state safety codes, including a proper hazard assessment, proper supervision, following an approved control plan and safe mining practices.
Case number: 09-C-4

Jan. 9
Shaun Michael Adams, Samantha Leann Adams and Stephanie Nicole Adams, minors, by and through their mother and guardian by nature, Angela Dunlap vs. Ester Lee Jett
PA-Timothy R. Conaway; J-Thompson
* Plaintiffs seek to impeach the "purposed will" of Eddie Lee Adams, father of the minor plaintiffs. He died last August. They say the will admitted to probate is not a valid will because it is not in his handwriting nor does it have two competent witnesses. Ester Lee Jett, the deceased's fiance, is named in the contested will as executor and benefactress. The plaintiffs claim the three children are sole heirs and seek jury trial.
Case number: 09-C-5

James and Phyllis Mooney vs. Nationwide Property & Casualty Insurance Co.
PA-Mark Hobbs; J-Thompson
* The former Boone County residents complain over their inability to collect from a Nationwide policy for the May 2008 destruction by fire of their 2008 Dodge Ram. They charge breach of contract and seek compensatory damages of $50,000, punitive damages, pre-judgment interest and all out-of-pocket expenses.
Case number: 09-C-6

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