WEST VIRGINIA RECORD

Aug. 3
FCX Systems, Matthew Howell and James Wright Jr. vs. Donald Gallion Jr.
PA-John Calcott; J-NA
* Donald Gallion Jr., president and chief executive officer of FCX, was terminated on June 29. As stated in the shareholder's agreement, a shareholder terminated for cause must offer his shares of stock to the remaining shareholders and then to FCX within 30 days. If shareholders chose not to purchase the stock, FCX would have the option to buy them. Gallion's shares were valued at $218,750. Howell and Wright were willing to purchase the stock, but the period Gallion was to have closed on the sale of his shares to Howell and Wright expired, and he refused to offer his shares for sale. Howell and Wright request Gallion fulfill his obligation and sell his shares of stock for $218.750. They also seek costs and attorney fees.
Case number: 11-C-492

Aug. 9
Denise Scafella, Angela Anderson, representatives of 35 tenants of Walls Mobile Home Park vs. Randy Walls, Executor of Guy Walls estate, Lori Fortney, Park Manager
PA-Eldon Callen; J-NA
* On May 13, 2011, the residents of Walls Mobile Home Park received notice by the Monongalia County Health Department of possible eviction to due health violations related to the sewage system at the park. On June 6, the residents received notice from Randy Walls advising the park would be closing on July 31. All residents' property would have to be removed by that time. Because residents paid no lot rent or gas payments for the month of May, Walls advised no security deposits would be returned. A service order was given by the gas company and service was terminated on July 12. The gas company representative advised the residents he would not be able to turn on the gas, even with a court order, due to a gas leak at the main meter. The residents of the park have not been able to relocate their homes, nor do they have sufficient time to accrue funds to move. Residents are asking the utilities be restored and the park be returned to a habitable condition, rental payments be paid to the court until the case is resolved, security deposits be returned and Walls pay the costs for relocation of the tenants, attorney fees and court costs.
Case number: 11-C-494