WEST VIRGINIA RECORD

Jan. 27
Ohio County Development Authority and Cabela's Wholesale Inc., v. Pedersen & Pedersen Inc., Cast & Baker Corporation, Pennsylvania Soil and Rock Incorporated and Professional Service Industries Inc.
PA- Michael E. Hooper, Jr.; J- Gaughan
* OCDA brings this action to recover damages relating to a defectively designed and constructed dirt pad at the Highlands. Cabela claims it was forced to abandon use of 38,000 square feet of the expansion site and have incurred at least $1,364,416 in mitigation costs. Professional negligence and breach of contractual warranties are claimed. Judgment is sought on this fifth claim against Pedersen.
Case number: 09-C-31

Jan. 30
Amy M. Wear vs. Bonnie S. Workman
PA- Gregory A. Gaudino; J- Recht
* While traveling on the southbound land of W.Va. 2 near Interstate 470, Wear claims Workman struck her attempting to make a left turn. Judgment is sought to compensate her injuries.
Case number: 09-C-33

Feb. 2
Vickie L. Markey-Tekely and James Tekely Jr. vs. Frank W. Kovalski; Buckeye Pest Management Inc.; and John Does (unknown persons or entities)
PA- Vincent S. Gurrera; J- Gaughan
* Compensatory and punitive damages are sought in this personal injury case arising from an accident on May 8, 2007. It is claimed Kovalski was operating a vehicle owned by his employer while traveling east on the Fort Henry Bridge.
Case number: 09-C-34

Feb. 3
WesBanco Bank, Inc., a Trustee of the Trust created U/W Mary K. Crowther, deceased, f/b/o Diane Crowther, and as Trustee of under the Amended and Restate Trust Indenture H. Allan Crowther, Jr., f/b/o Diane Crowther; and H. Allan Crowther, III, as Executor of the Estate of H. Allan Crowther, Jr., Deceased vs. Diane Crowther
PA- James C. Gardill; J- Wilson
* This petition seeks a declaratory judgment relief pursuant to the Testamentary Trust created by her deceased parents for their emotionally and mentally impaired adult child with no children. The order seeks a guardian ad litem appointment for Diane Crowther pertaining to the contents of this Petition and its proposed relief.
Case number: 09-C-35

Sandra Inman and John Inman vs. Megan L. Tarr and Jeffrey Tarr
PA- Ronald Wm Kasserman; J- Wilson
*While stopped in traffic on the Interstate 70 ramp, it is claimed Megan Tarr rear–ended her. She claims medical expenses have accrued for which compensatory judgment is sought.
Case number: 09-C-36

Feb. 5
New Martinsville Supply Company Inc. dba Ace Home Center vs. David A. Ghaphery, Coyne Inc., WesBanco Bank Inc. and James F. Companion, in his capacity as Trustee
PA- Vincent S. Gurrera; J- Gaughan
* A mechanic lien was filed against the subject property on Sept. 4, 2008. Judgment is requested to appoint a Special Commissioner for the purpose of ascertaining the amount and priority of all liens against this real estate.
Case number: 09-C-39

Feb. 6
Thomas A. Ott and Debra A. Ott vs. Nationwide Mutual Fire Insurance Company
PA- Christopher R. Heller; J- Wilson
* Plaintiffs sustained damage to the residential foundation of their property in Wheeling in February 2008. This property damage claim was denied, and judgment is sought along with punitive monies.
Case number: 09-C-40

Feb. 9
Donna L. Spencer v. Traci M. Cramer Kinney, Jeffrey D. Cramer, The Diocese of Wheeling- Charleston
PA- Pro Se; J- Gaughan
* A jury trial is requested for a claim of malicious attacks against her character. She seeks to seal her public record from the case previously filed against her by defendants.
Case number: 09-C-42

Terri J. Talbot, Mother and next of friend to Rodson W. Talbot, a mentally handicapped adult v. Wheeling Municipal Auditorium Board
PA- Donald J. Tennant Jr.; J- Wilson
* On Feb. 10, 2007, at WesBanco Arena, Rodson Talbot sustained injuries from a slip and fall on an unlighted stairway. It is said failure to maintain the stairway, adequately, with handrails, has resulted in medical bills approximately $50,000.
Case number: 09-C-43

Feb. 11
Chad K. Causey v. Home Loan Services, Inc. and Deutsche Bank National Trust Co.
PA- Jason E. Causey; J- Gaughan
* A home was purchased for $56,000 in November 2005, with $11,590 down payment. The loan was referred to foreclosure and subsequent fee of $2,436.62 was paid and understood sufficient to reinstate the loan. Judgment, along with other relief, is sought for injunctive relief prohibiting Defendants from proceeding with foreclosure.
Case number: 09-C-46

Feb. 12
Belmont Savings Bank vs. Chad Anthony
PA- Todd M. Kildow; J- Wilson
* A note was executed on May 30, 2008, for $5,000. The current payoff consists of $4,972.62, plus interest at 15 percent from Feb. 10, 2009, and this amount is claimed on a breach of contract.
Case number: 09-C-48

Feb. 13
Amy Jean Zalesny and Sean A. Zalesny vs. David A. Ghaphery. M.D.
PA- Mark A. Colantonio; J- Gaughan
* It is claimed negligent laparoscopic bypass surgery was performed on Sept. 5, 2003. And in 2007, an exploratory lapaotomy discovered an infected abscess. Lost wages with subsequent medical care, exceeding $149,000 to date, has been suffered and a jury trial is demanded.
Case number: 09-C-49