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WEST VIRGINIA RECORD

Friday, March 29, 2024

CIVIL FILINGS: Ohio County

March 24
Marion Howley, James Howley, and Jean Howley vs. Green Tree Servicing LLC, U.S. Bank National Association, Gregory J. Funari, and Barbara E. Hunt
PA- Nathan F. Fetty; Daniel F. Hedges; J- Gaughan
* This case arises out of a practice characterized as predatory lending. Two existing mortgage loans exceed the value of plaintiff's home that was purchased by Marion Howley in 1960. In 1990, she conveyed the home to James and Jean Howley and reserved a life estate for herself. Marion Howley did not give her consent to use her life estate as security for the loan and did not sign the Deed of Trust for the loan transaction. Contrary to the lender's representations, Howley's loan was not paid off. Appropriate equitable relief, along with actual and punitive damages, is sought.
Case number: 10-C-105

Roxanne A. Reed vs. Environmental Protection Services Inc. and Keith R. Reed
PA- Ronald M. Musser; J- Wilson
* As a result of her divorce from Keith Reed, plaintiff owns 25% interest in EPS. She has requested sales journals and defendant says that because Reed is neither a director, nor officer, of the corporation; she has no good faith reason to request these confidential sales journals.
Case number: 10-C-106

Buddy Salem, Jr. vs. Lena Mulhollen and Albert Capobianco
PA- Adam M. Hanasky; J- Wilson
* Plaintiff was collided with, on Mar. 29, 2008, within Wheeling Island Racetrack's parking lot. Failure to yield right of way resulted in serious injuries. Medical expenses have occurred from this negligence for which a compensatory judgment is demanded.
Case number: 10-C-107

March 25
Deborah M. Duff, Eric Duff and Emily Duff vs. Jeanne Finstein and Melvin S. Finstein
PA- Frank X. Duff; J- Wilson
* The rear of plaintiff's property, located on Lynwood Avenue, abuts an alley. The rear of defendant's property abuts the same alley; yet, they treat it as if it is part of their backyard. The Court is asked to find the subject area an alley and allow plaintiffs' access to the rear of their property that they may gravel the alley to facilitate individual access.
Case number: 10-C-108

TimePayment Corp. vs. Ronald Nixon d/b/a Ron's Double J Club
PA- Richard J. McGervey; J- Gaughan
* Security camera and monitoring equipment was leased on Aug. 20, 2009. The lease is for non- cancellable commercial equipment and $7,661.78 is claimed owing.
Case number: 10-C-109

Thomas Borsuk, individually, and as Executor of the Estate of Frances A. Borsuk vs. Ahmad Rahbar, M.D.
PA- Geoffrey C. Brown; J. Zachary Zatezalo; J- Gaughan
* Failure to properly perform an aortic valve replacement, on May 27, 2008, is claimed as the direct and proximate cause of severe complications following her surgery that eventually led to her death. Subsequent to her surgery, she developed right ventricular failure; was transferred to UPMC, in Pittsburgh and pronounced deceased on Jun. 18, 2008. The wrongful death statutory beneficiaries demand judgment for which they claim entitlement.
Case number: 10-C-110

March 26
Sterling Jewelers Inc. dba Rogers Jewelers vs. Carol L. McDonald
PA- Steven M. Recht; J- Wilson
*Plaintiff's claim the sum of $7,632.24 is owed from defendant, with interest from the date of filing.
Case number: 10-C-112

March 29
Greg Baranski vs. Crystal Harris and Curtis Harris
PA- Jerry Sklavounakis; J- Gaughan
*On Apr. 1, 2008, plaintiff says he was violently struck at the roadway intersection of Main and 22nd Street. Failure to yield right of way is cited as the negligence for which compensatory damages are sought.
Case number: 10-C-119

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