WEST VIRGINIA RECORD

Nov. 4
Norval & Sharon Jenkins vs. Beneficial West Virginia Inc.
PA- Daniel F. Hedges; J- William S. Thompson
* Seth couple, referring to predatory lending practices, seeks jury awards of civil and punitive damages in detailing eight counts that include Breach of Duty of Good Faith and Fair Dealing, Unlawful Debt Collection Practices, Failure to Provide Statement of Account, and Illegal Return of Payment. Interpretation of loan agreements from October 2006 and crediting of loan payments from June 2009 all figure in Jenkins' complaint.
Case number: 10-C-252

Nov. 9
Timothy Grounds & Tommy Davis vs. Jeremy Burgess, individually, and Catenary Coal Co. LLC
PA Lia DiTrapano Fairless; J- Thompson
* Complaint says the highwall mine operators never received all wages and benefits owed them "as of the date of their separation from employment ..." The men seek jury judgment against former supervisor Burgess and Catenary for compensation and credit for all required work unrecorded and uncompensated, liquidated damages with pre-and-post-judgment interest, all litigation costs, and such further relief deemed appropriate.
Case number: 10-C-256

Nov. 16
Green Tree Servicing LLC vs. Nichalas R. Dunfee
PA- Jason S. Long, Jennifer S. Caradine; J- Thompson
* Finance company says Dunfee defaulted on his installment contract to purchase a 2000 Fleetwood manufactured home, the original principal amount of $101,440 in January 2001. Terms of the contract, Green Tree noted, specified a total sum of almost $130,000 in March 2001. The Ashford man, says Plaintiff, has wrongful possession of the unit serving as security collateral on his defaulted contract, which Green Tree is entitled to repossess.
Case number: 10-C-262

Nov. 17
Tommy Davis vs. Steve Murdock, individually, & Catenary Coal Co. LLC
PA- Lia DiTrapano Fairless; J- Thompson
* Plaintiff worked as a highwall mine operator at Catenary's Toms Fork mine under supervision of Murdock from August 2004-October 2009. Davis contends he was not paid wages and benefits owed him as of his separation date. He seeks jury judgments for unrecorded-uncompensated work, liquidated damages, pre- and post- judgment interest and all court expenses.
Case number: 10-C-263

Nov. 29
State of West Virginia ex rel. Darrell McGraw Jr. vs. SFH, Inc. dba Stevens Funeral Home; Thomas R. Stevens, Jr., individually & as President of SFH, et al
PA- Christopher Hedges; J- Thompson
* State's Complaint and Petition for Injunction directed at SFH, et al, resulted from an audit following up on complaints. Attorney General says "Defendants have engaged in continuous violations of the Preneed Act and WVCCPA (West Virginia Consumer Credit & Protection Act) from at least 2000 to the present." Stevens had a location in Madison. Judge William S. Thompson, upon approving an agreement on Dec. 1 wrote: "The Defendants have agreed to pay restitution and interest to consumers, as well as to be bound by injunctive terms." Defendants owe the amount of $224,000 to the State, plus interest if not promptly remitted and the Order bars Stevens from selling, or providing preneed contracts in West Virginia.
Case number: 10-C-267