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WEST VIRGINIA RECORD

Thursday, March 28, 2024

CIVIL FILINGS: Berkeley County

Feb. 2
William P. Zinner, executor of the estate of Geraldine H. Zinner, deceased, vs. Katherine Santucci Cimaglio
PA - Michael Scales; J - Wilkes
* The plaintiff claims the defendant, his sister, has taken more than $130,000 from a joint account that was set up to pay bills for their mother near the end of her life. The plaintiff claims the cash payments and electronic fund transfers from the account breached a fiduciary duty, and he is seeking an undetermined amount of relief.
Case number: 10-C-91

Feb. 4
Heinrich Erbes and Deborah Erbes vs. Lantz Contracting LLC and Lester H. Lantz
PA - J. Michael Cassell; J - Groh
* The plaintiffs claim the defendants failed to meet the terms of a contract for a custom single-family home from April 10, 2007, by failing to complete work in a timely manner and also having substantial defects and deviations from the home plans. They are seeking a judgment of at least $300,000 jointly and severally, as well as at least $300,000 in punitive damages.
Case number: 10-C-95

United Bank Inc. vs. Tameshwarp P. Tiwary and Ena P. Tiwary
PA - Andrew Woofter III; J - Wilkes
* The plaintiff claims the defendants defaulted on the terms of two separate agreements: one for $190,000 from May 6, 2005; and one for $70,970 from Jan. 6, 2006. After a foreclosure sale, the defendants still owe at least $75,068.06.
Case number: 10-C-97

Feb. 12
Berkeley Theatres Inc. vs. E.C. Costolo III and Kelli Costolo
PA - Floyd Sayre III; J - Silver
* The plaintiff claims the defendants caused checks that were intended for the plaintiff to be sent to their home address, and they endorsed the checks and deposited the funds in their personal account. The plaintiff claims the checks totaled at least $25,004.56, and it is seeking that amount plus other relief.
Case number: 10-C-124

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