WEST VIRGINIA RECORD

June 26
Brenda L. Miller and Robert Diotti vs. Fred C. Hlad, III, individually and d/b/a Allstate Construction
PA- James G. Bordas, Jr.; J- Hummel
* This case was transferred from Ohio County. Brenda Miller entered into contract with Hlad on April 18, 2009, to build a new home in the subdivision known as Miller Place in Bethlehem. The total cost was $340,000, with a completion date within 140 days. The plaintiffs paid Hlad $20,000 with the balance of financing obtained through Main Street Bank. Once the loan closed, Hlad took an immediate "draw" of nearly $190,000. Subcontractors were not paid resulting in mechanics liens over $22,000. Demands for the return of money have been refused. Responsive pleadings are due, by Order, in this Court by July 9, 2010.
Case number: 10-C-103

May 27
John Bonar and Grace Bonar vs. Merle Chaplin, D & O Lumber, LLC, and Owen Yoder
PA- Anthony I. Werner; J- Hummel
*On precise dates unknown to plaintiffs, D & O entered plaintiff's property without permission and cut or carried away timber, trees, or logs causing damages. Defendants committed actionable fault by harming or taking property when they should have known this was injurious conduct. An award of compensatory or punitive damages is demanded.
Case number: 10-C-105

May 28
James E. Regiec, Jr. vs. Donald Shields
PA- Paul J. Harris; J- Karl
* On Oct. 3, 2008, plaintiff was traveling North on Route 2 and defendant entered Route 2 from Fish Creek Road. This failure to yield right of way resulted in medical bills and $7,500 in lost wages being incurred. Plaintiff's vehicle was totally destroyed. Punitive and compensatory damages are sought.
Case number: 10-C-106

Jun. 8
Aditya Satsangi and Konisha Satsangi vs. John Does
PA- Jacob M. Robinson; J- Karl
* On June 8, 2008, in Jefferson Township, Pa., defendant violently struck and collided with a vehicle driven by Aditya Satsangi. Plaintiffs are entitled to the full benefits of uninsured coverage from the Progressive insurance policy. At this filing Progressive has not offered the available policy limits.
PA- Jacob M. Robinson; J- Hummel
Case number: 10-C-108

Curtis E. Hall and Michele Hall vs. Zinsser Co., In.; RPM International Inc., John Doe, Inc. And Chemstation International, Inc.
PA- Herman D. Lantz.; J- Hummel
* Each of the defendants was in the business of developing and selling disseminating solvents including the product "JOMAX Deck Cleaner." On June 8, 2008, while using the cleaner, Curtis Hall was injured. Defendants failed to provide adequate warnings which rendered their products unreasonably dangerous for its intended purpose. A trial by jury is demanded.
Case number: 10-C-109

June 10
Andrea Wild vs. Kaitlyn Clark
PA- Jeremy M. McGraw; J- Hummel
* On public highway Route 21, Bowman's Ridge, the defendant negligently drove a vehicle in which plaintiff was a passenger, on Jun. 13, 2008. As a direct and proximate result of this negligence, she suffered injuries to her head and neck. It is reasonably believed that some of her injuries are permanent and will result in future loss of wages. Compensatory and general damages are requested.
Case number: 10-C-111

June 11
George Brent Bilich vs. American Express Company; GE Money Bank/ Lowe's; LVNV Funding LLC; Security First Network Bank; and World's Foremost Bank
PA- Frank X. Duff; J- Karl
* From 1996 to 2009, Bilich's identity was stolen and used to open and obtain numerous credit card accounts. His name was forged and his information illegally used to obtain credit before he learned of these transactions in the fall of 2008. Many of the card companies did delete the accounts but the names herein have failed to do so. Defendants were negligent in their issuance of credit, relying on information pertaining to the plaintiff, without taking steps to verify the plaintiff's identify. The Court is asked to award damages and out of pocket expenses.
Case number: 10-C-112

June 15
Fork Ridge Community Volunteer Fire Department, Inc. vs. First West Virginia Bancorp, Inc. and Progressive Bank, N.A.
PA- Gregory A. Gellner; Jeremy C. McCamic; J- Karl
* VFD borrowed $90,000 from BB&T, on Nov. 26, 2004. To renew said loan BB&T demanded that all of the VFD accounts, including accounts with Progressive, be transferred to BB&T. VFD refused to transfer it accounts and conferred with Comvest regarding a financial agreement. Comvest agreed to advance enough to pay off BB&T and clear the mortgage on VFD's real estate. Neither Progressive nor Comvest paid BB&T. Fraud, negligence and misrepresentation are claimed as injury and specific performance is demanded along with compensatory damages.
Case number: 10-C-114

Laura Hammond and Edgar Hammond vs. City of McMechen
PA- Ronald W. Zavolta; J- Hummel
* Plaintiff was walking outside a residence near Fifth Street, in McMechen, on June 16, 2008, when she stepped on a broken water meter grate. This fall into the water meter hole is claimed as cause for sustained injuries. Judgment is demanded in excess of the minimum jurisdictional limits as compensatory damages.
Case number: 10-C-115

June 16
April R. Streight vs. Walter S. Geiser.
PA- Scott S. Blass; J- Hummel
* Streight was traveling South on Route 2 and Tele Tech Drive when defendant, traveling North, turned left into plaintiff's vehicle. Injuries to her neck, knee, and shoulder are claimed and some injuries are certain to be permanent. Compensatory relief is sought.
Case number: 10-C-117

June 17
Donna F. Fahnestock and Hester J. Knox vs. Sabelia E. Cunningham and Nationwide Mutual Insurance Company
PA- Jonathan E. Turak; J- Karl
* A collision occurred on Second Street on Feb. 18, 2009 and both plaintiffs' sustained injuries. This claim was settled with Nationwide on Dec. 3, 2009 for the sum of $7,500 in exchange for a full and complete release. Nationwide insists that its failure t,o consummate the settlement is a function of its concern regarding potential Medicare liens. CMS confirmed in a letter dated May 12, 2010, it had not paid any claims on this accident. Judgment is demanded determining the Settlement binding.
Case number: 10-C-118

June 22
Larry Auth; Roger W. Gatts and John M. Stephens vs. Arkema, Inc.; Belmont Laboratories; Consolidation Coal Company, et al.
PA- Thomas F. Basile; J- Hummel
* Plaintiffs assert causes of action for deliberate intent to adequately warn of the adverse health effect and risk from chemical exposure to float- sink lab chemicals. Plaintiffs seek compensatory and punitive damages for their personal injuries and recovery of costs for medical screening and future medical monitoring.
Case number: 10-C-119

June 28
Karen M. Kurelac vs. Patricia Kurelac
PA- David C. White; J- Hummel
* On Dec. 24, 2009, defendant hosted a party at her residence and plaintiff attended the party by invitation. The defendant is the owner of 3 dogs known to have a propensity of aggression toward people without fear. As plaintiff was leaving the residence and proceeded down the steps, one or more of the dogs became entangled about her legs causing her to slip and fall. She sought and obtained medical care and treatment. A just award against is sought.
Case number: 10-C-125