CIVIL FILINGS: Lincoln County
Harmon Marks Aug. 31, 2012, 2:00am
Gregory T. & Kim Boyd vs. Citifinancial of West Virginia, Inc.
PA- Daniel F. Hedges; J- Jay M. Hoke
* Alum Creek couple complains unlawful debt collection by Citifinancial because they've been called more than 20 times despite being represented by counsel. Seek jury awards of civil penalties of $4,600 for each violation of State Codes, plus such other relief deemed just and reasonable.
Case number: 12-C-69
Erma Dunlap vs. Estate of Clara Cunningham, deceased, and Phyllis Cecil
PA- Jerry D. Alford; J- Hoke
* Dunlap says in December 1998 Clara Cunningham entered into a contract with her to sell a small real estate parcel in Washington District. When Cunningham died, her daughter and estate administratrix Cecil instructed Dunlap to direct monthly payments to her, according to complaint. Dunlap says she's paid entire purchase price, but has not received a general warranty deed free and clear of encumbrances. She wants Court to provide a Declaratory Judgment declaring her right to the property and appoint a special commissioner to execute a deed. She also seeks damages with pre-and-post-judgment interest, court expenses, and any further relief deemed appropriate.
Case number: 12-C-70
State Farm Mutual Automobile Insurance Co., as subrogee of Joey Roy vs. James Jeffers & Bobby Brunty
PA- Ryan S. Marsteller; J- Hoke
* State Farm wants to recover $49,506 paid in claims resulting from June 2010 vehicle collision on Dairy Road. Defendant Jeffers drove the Jeep Cherokee owned by Brunty that was cited as responsible for the accident. Defendants, complaint says, did not have valid insurance coverage at the time. Insurance company also asks for pre- and post-judgment interest and litigation expenses.
Case number: 12-C-74
Green Tree Servicing, LLC, Successor in interest to Bankamerica Housing Services vs. Lisa K. Young
PA- Jason S. Long, Michael R. Proctor; J- Hoke
* Alkol woman defaulted on her $36,552 retail installment contract, says loan company, on a manufactured home. Terms of an April 1998 agreement provided for monthly installments totaling more than $60,000, with a security interest in the collateral, meaning lender can take possession of the unit upon default. Green Tree asks Court to enable repossession.
Case number: 12-C-75
City National Bank of West Virginia vs. Jason P. Baisden
PA- Christopher R. Moore; J- Hoke
* Bank says Baisden defaulted on contract to secure real estate which subsequently was sold at auction. A deficiency balance, complaint continues, remained in the amount of $18,536 to which Baisden is indebted, along with contractual interest. Bank also seeks costs of its court action and other reasonable and just relief.
Case number: 12-C-77
Petitioner: State Of West Virginia ex rel Paul E. Jackson Respondent: Evelyn Seifert, Warden Northern Correctional Facility
* Wayne Attorney Donald R. Jarrell represents Jackson's request for Writ of Habeas Corpus. Ten grounds among a list totaling 53 have been asserted in petition, including "denial of counsel ... ineffective assistance of counsel ... irregularities in arrest ... illegal detention prior to arraignment ... nondisclosure of Grand Jury minutes ... constitutional errors in evidentiary rulings ..." Jackson was convicted of two counts of sexual abuse in the first degree and two counts of sexual abuse by a parent or guardian or custodian in December 2003. Warden Seifert answered the complaint Aug. 4 through Lincoln Prosecuting Attorney W.J. Stevens II, moving to dismiss the case.
Case number: 12-C-82