WEST VIRGINIA RECORD

Feb. 28
Ella C. Ball vs. Ocwen Loan Servicing LLC
PA- Bren J. Pomponio, Daniel F. Hedges; J- William S. Thompson
* Madison woman accuses Florida firm of loan service abuse, citing Breach of Contract and Illegal Debt Collection. Ball says Ocwen agreed to a loan modification and then threatened foreclosure despite her continued payments on property purchased in 1995. She refinanced in 2009 with Saxon Mortgage, which assigned servicing rights to Ocwen. Ball says she got a written loan modification agreement in April 2010 lowering her payments. In June 2010, complaint continues, she was told her loan modification was denied and in August got a Notice of Default, and scheduled foreclosure sale. Ball seeks jury judgment for actual damages, civil penalties for each violation of West Virginia Code, litigation expenses, and such other relief deemed equitable and just.
Case number: 11-C-38

Feb. 25
William Miller vs. Cliffs Logan County Coal LLC; Cliffs Logan County Holdings LLC; Cliffs Natural Resources Inc.; and Michael Necessary, an individual
PA- Harry M. Hatfield, Matthew M. Hatfield, Mark A. Atkinson; J- William S. Thompson
* Miller says he was employed by Defendants last August as a Lead Safety Auditor and was terminated in December after making numerous inquiries about safety issues at the Powellton underground mine and other operations. He cites "unlawful retaliatory discharge" and age discrimination in violation of the State Human Rights Act. Complaint seeks jury trial to determine damages for lost wages and benefits, indignity, embarrassment, humiliation and emotional distress; punitive damages, pre-judgment interest and costs of litigation.
Case number: 11-C-39

March 1
Linda Searls vs. Discover Financial Services Inc.
PA- John W. Barrett, Jonathan R. Marshall; J- William S. Thompson
* Civil Action declares Searls is a severely disabled widow who incurred sizeable credit card debt after her husband died. Searls says she struggled to make monthly payments, and then following phone calls and letters she retained Attorney Marshall Spradling to negotiate with creditors to avoid bankruptcy. Discover Financial, according to Searls, continued to contact her directly in violation of West Virginia Code. She seeks jury award of actual damages, civil penalties for each violation of State law, court costs, and such other relief deemed equitable and just.
Case number: 11-C-40

Linda Searls vs. Associated Recovery Systems; GC Services Limited Partnership; and Chase Bank USA, N.A.
PA- Barrett, Marshall; J- William S. Thompson
* Complaint styled same as 11-C-40 (above) says Attorney Spradling sent certified letter to Chase offering to pay portion of Searls1 debt and advising future contact be with counsel. Bank continued to "dun" Searls, according to complaint, then hired Associated Recovery and GC who continued to contact her. Searls seeks same jury award as noted above.
Case number: 11-C-41