CIVIL FILINGS: Lincoln County
Harmon Marks Nov. 16, 2012, 6:00am
Cabell Huntington Hospital, Inc. vs. Randy J. Wiggins and Lori L. Wiggins
PA- Melissa Eakle Leasure; J- Jay M. Hoke
* Hospital provides past medical bills from July 2008 through July 2011 in seeking judgment for $21,616 from the West Hamlin couple.
Case number: 12-C-98
Amber Salmons, Mother and Next Friend of Terry D. Brown, an Infant, Petition to Settle and Compromise Personal Injury Claim
PA- Kirk D. Lightner; J- Jay M. Hoke
* A Branchland boy, age 12, says he was riding his bicycle near intersection of Two Mile Road and Bee Branch Road in May 2011 when he was by a turning vehicle. Brown was taken to a Huntington hospital, treated for minor abrasions and diagnosed with a broken right leg requiring surgical intervention. Petitioner negotiated settlements with Safecod Insurance Co. and Amanda Collins for policy limits of $50,000. Medicaid paid portion of medical bills and asserted a subrogation lien to be satisfied from net settlement proceeds. Judge Jay M. Hoke approved petition Oct. 15, directing $5,440 to satisfy West Virginia Medicaid/Carelink subrogation lien, and net settlement balance of $44,559 be placed in trust until Brown reaches age of maturity.
Case number: 12-C-99
Elizabeth and Paul Krueger vs. Melissa D. Coiner a/k/a Melissa Pauley, individually and as Administratrix of Estate of Ralph Eugene Coiner
PA- L. Richard Dorsey II, Lora A. Dyer; J- Jay M. Hoke
* Kruegers allege fraud, breach of contract and unjust enrichment relative to real estate parcel in Washington District conveyed to them in October 2011 for total consideration of $50,000. Ralph Coiner died in January 2007, designating several heirs that included his widow Melissa,
daughter Katherine and sons Robert C. Coiner and Timothy E. Marker. Timothy Marker died in February 2011, passing his interest in the disputed property to four minor children. The suit claims "at no time did the above deed include, mention or reference the interest of Timothy E. Marker or his heirs." Kruegers seek appropriate equitable relief, Court declaration of Defendant's unjust enrichment, actual and punitive damages and court expenses, plus such other equitable and just relief.
Case number: 12-C-100
Green Tree Servicing, LLC, Successor-in-interest to Green Tree Financial Servicing Corp. vs. Duloie Tomblin and Nicole Davis
PA- Jason S. Long; J- Jay M. Hoke
* Green Tree Servicing cites defaulted contract, with Tomblin allegedly owing $36,306 in installment payments, and seeks repossession of a manufactured home in West Hamlin as security interest.
Case number: 12-C-102
Vanderbilt Mortgage and Finance, Inc. vs. Bobby K. Ball and Melinda S. Brock
PA- Marc B. Lazenby; J- Jay M. Hoke
* The finance company says defendants are past due from March on contracted loan payments for their mobile home at Branchland and wants authority to repossess the unit.
Case number: 12-C-103
Government Employees Insurance Co. vs. Mike Stanley
PA- Rebecca W. Wright; J- Jay M. Hoke
* As insurer and subrogee of Austin McCormick, company files complaint to recover approximately $16,000 in damages paid resulting from January event at Yawkey, where it is alleged Stanley negligently operated a motor vehicle.
Case number: 12-C-106
Vanderbilt Mortgage and Finance, Inc., as Attorney-in-Fact for the Bank of New York Mellon, as Trustee vs. Keith and Angela Jeffrey
PA- Marc B. Lazenby; J- Jay M. Hoke
* Complaint claims residents of Wildcat Hollow in West Hamlin have not made payments since March on their $29,018 loan to purchase a mobile home. Vanderbilt says the Jeffreys were notified of contract default and entitlement of immediate possession of the mobile home.
Case number: 12-C-109
Paul J. and Anne Wheeler vs. Bernie and Karen Schultz
PA- C. Joseph Stevens; J- Jay M. Hoke
* Little Coal River area residents seek Declaratory Judgment to "ascertain and declare the rights and responsibilities of the parties relative to the use" of a certain roadway leading from the public highway accessing property adjacent real estate owned by the Schultzes, who dispute the Wheelers’ use of roadway in question.
Case number: 12-C-110