West Virginia Record

Monday, October 14, 2019

CIVIL FILINGS: Marshall County

By Denise Simpson | Aug 31, 2012

July 27
John M. and Tonda Angiulli vs. Ray Anthony, LLC , a/k/a Ray Anthony International, LLC, and John Scarfo
PA- Joseph H. Fox; J- Karl
* Angiull was operating a truck owned by Nichols Construction on Aug. 11, 2010. Scarfo was the operator of a tractor owned by Ray Anthony; traveling southbound in the opposite direction, on Route 250. Scarfo operated his vehicle in such a fashion as to over- correct or over- steer the vehicle. The trailer attached to Plaintiff's vehicle struck, with great force, against a guardrail before dragging Plaintiff's vehicle and causing injury to the Plaintiff. Damages are claimed in a trial jury.
Case number: 12-C-156

Paul and Amy Kaschke vs. D.D. Exterior Enterprise, LLC, d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Hummel
* Defendant's representative inspected Plaintiff's roof and informed them of hail damage. About June 2010, a contract to replace the entire roof and chimney was signed. During construction, Plaintiffs notified Defendant of their concerns that the roof had "many waves." A new contractor was hired who determined the poor workmanship would not last another year. A total request of $50,000 is sought for repairs and damages.
Case number: 12-C-157

Mary Ellen Fluharty vs. D.D. Exterior Enterprise, LLC, d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Karl
* A contract was signed for the construction of a new roof, on July 21, 2010, for the sum of $7,500. Completed construction on the roof resulted in numerous problems with additional damages. In Nov. 2010, Plaintiff contacted the Attorney General who contacted defendants. The work agreed upon was not completed and damages and costs are sought.
Case number: 12-C-158

Sondra Cuchta vs. D.D. Exterior Enterprise, LLC, d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Hummel
* A contract was signed to construct a new roof on Plaintiff's house for the sum of $9,653.60. During construction, open holes were left in the roof. A complaint was made to the State Attorney's Office. A final opportunity to resolve its investigation of Defendant's violation was given. Damages on all counts are sought in a trial by jury.
Case number: 12-C-159

Carmina Oakland vs. D.D. Exterior Enterprise, LLC, d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Karl
* On Sept. 4, 2010, a contract was entered for the construction of a new roof in the amount of $4808.25. Plaintiff wrote a letter to Defendant explaining that her roof had seventeen leaks and that the box gutters were replaced with paper. As a result of this negligence, Oakland has been damaged, including the cost to repair the roof and internal damage to her home. Plaintiff demands a trial by jury.
Case number: 12-C-160

July 30
Noah K. and Cheryl Whitt vs. Dewey Dulany and John Doe
PA- Jacob M. Robinson; J- Hummel
* On July 29, 2010, in the parking lot near Dorsey Street, Dulany collided with Whitt who was a walking pedestrian. At this time, Plaintiff was insured by Peak Property and Casualty Insurance. He is entitled to the full benefits of all uninsured coverage from Peak. Whitt has incurred medical expenses to effect a cure for his injuries, in amount yet to be determined. Demand is made for a trial by jury to compensate Plaintiff for his damages.
Case number: 12-C-161

Judd W. Caldwell vs. Frederick Games, II as next friend and guardian of Kolby Games, a minor
PA- David A. Jividen; J- Karl
* On Aug. 19, 2011, Caldwell was traveling north on Big Grave Creek Road. Games was traveling in the opposite direction when he crossed the center line and collided with Caldwell. Games was cited for this violation. Caldwell's injuries may be permanent and he believes he will incur additional medical expenses for which he seeks adequate compensation.
Case number: 12-C-162

July 31
John Thomas Wilson vs. J.F. Allen Company and John Doe Company
PA- Ronald W. Zavolta; J- Hummel
* J.F. Allen was hired through the State of West Virginia to perform construction related services on W.Va. 2. Said work included the removal of dirt. Defendant negligently failed to exercise a duty of reasonable care owed Plaintiff. Defendant moved rock, soil, and dirt to an unfit location on Wilson's property. Failure to adequately secure and maintain said construction area have deprived Plaintiffs loss of use and diminution in value of their property. Compensatory damages are demanded.
Case number: 12-C-163

Aug. 3
Mallory Ball; Charles Buzzard vs. Bradley Littleton; Tri-State Ambulance, Inc.
PA- Brent E. Wear; Herman D. Lantz; J- Karl
* Ball was driving a vehicle owned by Buzzard and entered the intersection of Tomlinson and Second Street, on July 14, 2011. Defendant Littleton was operating an Ambulance and negligently drove into the driver's side of Buzzard's vehicle causing a collision to occur. Ball was caused to be injured in and about her head, neck, and body; and inasmuch as all or part of her injuries are believed permanent and lasting in nature. Plaintiff's medical care and attention to date are $10,825.60. Compensatory damages are demanded.
Case number: 12-C-164

Mary Cogar vs. D.D. Exterior Enterprise, LLC, d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Hummel
* About May 2010, Plaintiff signed a contract for the construction of a new roof on her front and back porch, for the sum of $1,456.14. During the first rainstorm, following Defendants completed construction, the roof leaked. Plaintiff used three (3) large buckets to catch the water that poured into her home. As a direct result of Defendant's conduct, Plaintiff has been damaged and demands compensation.
Case number: 12-C-165

Mary Brooks vs. D.D. Exterior Enterprise, LLC, d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Karl
* Plaintiff signed a contract to construct a new roof on her residence, on Aug. 4, 2010. After Defendant completed construction of the roof, Plaintiff noticed that a portion of the roof was not finished. An agent of Cutter's Roofing and Siding inspected the roof and informed Plaintiff that her roof was installed incorrectly. Judgment for $25,000 is demanded for this breach of contract.
Case number: 12-C-166

Aug. 9
Sharlene F. Lucey vs. Thomas P. Takitch, Sr.
PA- Pro Se; J- Karl
* Lucey says Takitch came on Oct. 15, 2009, to pick up six of the 12 dairy Holsteins and returned the following week to pick up the remaining six. There was an understanding that he would pay for all 12 head at the end of October 2009. On Nov. 19, 2009, Takitch filed a Chapter 12. Lucey did not receive payment for her cattle and to her understanding, Defendant is no longer in possession of the cattle. Numerous calls to Defendant have gone unanswered. Lucey seeks justice.
Case number: 12-C-168

Aaron Birtcher, individually and on behalf of all others similarly situated vs. Consolidation Coal Company
PA- Sandra K. Law; J- Hummel
* The Plaintiff was employed at the Marshall County facility, until Feb. 17, 2012. Class members were discharged at various times from 2007 to 2012; benefits and wages were not paid in a timely manner. The Court is asked to appoint Plaintiff as a representative of the class and award each member allowable damages.
Case number: 12-C-169

Lisa Reilly- Koontz and Whitney Koontz vs. Michael Alan Grow and Allen E. Clyburn
PA- David A. Jividen; J- Karl
* Plaintiff Whitney Koontz was a front seat passenger in Lisa Koontz's vehicle, on Aug. 21, 2010. They were traveling eastbound on Route 86 near Glen Dale Heights and Michael Grow was traveling in the opposite lane of traffic. Grow struck the guardrail and then the struck the vehicle Koontz was operating. Grow was cited for traveling left of center by law enforcement. Both Plaintiffs have suffered physical pain. Punitive damages are also sought for extreme intentional and outrageous conduct.
Case number: 12-C-170

Aug. 13
Scott Mandirola, Director, Division of Water and Waste Management, WVDEP vs. J & D Gasoline Alley and John and Diane Young
PA- Jonathon Frame; J- Karl
* To date, Defendants have failed to remit payment of fees owed WVDEP, as directed by both the Notices of Violation and a Sept. 7, 2010 Order. Defendant has incurred additional annual registration fees associated with the UST system at issue. The registration fees owed currently total $3,600.
Case number: 12-C-172

Aug. 17
Kenneth and Sharon Tucker vs. D.D. Exterior Enterprise, LLC, d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Hummel
* Defendant's representative inspected Plaintiff's roof and informed them there was hail damage. The roof of a second house, owned by Plaintiffs, was also inspected. Hail damage was found on that roof , also. A contract was signed to replace both roofs. The roofs leaked during a rainstorm. Tar was applied over the open areas in an attempt to fix the leaks. Compensation is requested for the breached duties owed.
Case number: 12-C-177

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