WEST VIRGINIA RECORD

Aug. 9
John Buffington vs. Aaron K. Barker, Encompass Insurance Co.
PA- Joel Baker; J- William S. Thompson
* Seth resident seeks jury awards resulting from a September 2010 collision with his motorcycle at a railroad crossing on County Route 5 allegedly caused by Barker. Suit says Barker was operating a car owned by Charles Santonio when he struck Buffington's bike from behind as Plaintiff slowed almost to a stop to cross the tracks. Buffington was ejected from his motorcycle, complaint says, suffering "severe and permanent damage." Barker was issued a warning citation "for failure to maintain control/speeding." Buffington wants compensatory damages sufficient to cover present and future medical expenses, lost earning capacity, litigation expenses, and pre- and post-judgment interests.
Case number: 11-C-163

Aug. 15
Citibank, N.A. vs. Clyde M. Cooper
PA- Andrew N. Frye, III; J- Thompson
* Complaint seeks judgment for $12,800 it says Orgas resident owes on Sears Credit Card, plus statutory interest and court costs.
Case number: 11-C-165

Aug. 18
Harley-Davidson Financial Services, Inc. vs. Angela L. Allen
PA- Ryan S. Marsteller; J- Thompson
* Finance company says Ashford woman is more than 12 months past due on a promissory note and security agreement, with loan payoff amount of $19,973. HD Financial wants to repossess Allen's motorcycle for resale, but wants to collect any deficiency amount if sale falls short of her contractual debt. Pre- and post-judgment interests and court expenses also are sought.
Case number: 11-C-168

Aug. 29
Douglas & Sandra Harless vs. Countrywide Home Loans, Inc., dba America's Wholesale Lender; Solution One Mortgage, LLC; Bac Home Loans Servicing, LP, and Mark Greenlee
PA- Daniel F. Hedges; J- Thompson
* Danville couple complains they were solicited by Solution One Mortgage for a refinancing in 2006 at the Home Show in Charleston. Predatory Lending suit says broker, or Solution One, arranged for an appraisal by Greenlee, whose license was revoked in 2009 "due to fraudulent conduct." Plaintiffs say their Daytona Lane residence was valued in excess of $205,000, when actual market value at the time was no more than $117,000. Lender Countrywide "originated a loan on the appraisal without meaningful review" and added substantial broker compensation, according to complaint. "In Aug. 2011," complaint continues, "Plaintiffs discovered the true value of their home in May 2006 to be $117,000." Suit brings three counts: "Unconscionable Inducement ... Fraudulent Appraisal ... Illegal Loan." Harlesses demand jury trial determine following judgments: Void the loan and security interest, actual damage awards, civil penalties of $4,400 for each violation of State Code, such other relief deemed reasonable and just, and appropriate declaratory relief.
Case number: 11-C-171