WEST VIRGINIA RECORD

Jan. 10
Charles R. Winter and Debbie A. Winter vs. David Elswick
PA-Harvey D. Peyton; J-Spaulding
* The plaintiffs say that the defendant, from September 2009 to July 1, 2010, deposited a large amount of fill dirt and other material on a vacant lot adjacent to their residence so that it changed the elevation of the vacant lot and force surface water drainage onto their property. They say the actions have resulted in damage to their property, a diminution of the value of their home as well as aggravation, annoyance and inconvenience.
Case number: 11-C-8

Jan. 21
Quail Ridge Construction Company Inc. vs. Georgiana Ciavarello, Sue C. Curry, Robert E. Curry, Angela J. Phares, Les Phares, Christina Marie Ciavarello and Jeffrey Burnette
PA-Fred F. Holroyd; J-Stowers
* Quail Ridge employed Georgiana Ciavarello as a bookkeeper and office manager from 2007 to Nov. 30, 2010. It claims she drafted and cashed checks to herself and to other employees. Quail Ridge says the amount embezzled $721,289.89. The company says she also used the company charge accounts for herself to the amount of $9,566.20. The company also says she used some of her family and friends – the other defendants -- in her scheme. Quail Ridge seeks compensatory damages of $730,856.09 plus interest and costs.
Case number: 11-C-20

Jan. 19
West Virginia Steel Corporation vs. Clayton Railroad Construction LLC and James R. McAdams
PA-Charles M. Johnstone II, William M. Shrewsberry Jr.; J-Spaulding
* West Virginia Steel says McAdams signed a Personal Guarantee that he would be responsible liable for any account balance for Clayton Railroad. West Virginia Steel says Clayton and McAdams have failed to pay for goods purchased. It seeks compensatory damages of $27,040.79, pre- and post-judgment interest, court costs, attorney fees and other relief.
Case number: 11-C-21

Jan. 24
Terry L. McWatters vs. IT Solutions Associates Inc. and FiberNet LLC
PA-Thomas H. Peyton; J-Spaulding
* McWatters, a dentist with offices in Nitro and Eleanor, says the defendants didn't properly install a T-1 communication line in 2007 as contracted. In 2008, he agreed to service with Verizon instead. He says FiberNet began invoicing him after he signed a contract with Verizon. He also says the defendants place blame on each other for the issues with his service. He says he also offered to settle with FiberNet. He says he has suffered aggravation, annoyance and inconvenience as well as direct and consequential monetary damages – including for services not rendered – as well as attorney fees and costs. He seeks to have the Court issue a preliminary and permanent injunction to keep FiberNet from disconnecting services, a compensatory judgment, punitive damages, pre- and post-judgment interest, attorney fees and court costs.
Case number: 11-C-22