CIVIL FILINGS: Lincoln County

Oct. 4 Elbert Messer vs. Mark S. and Anna Morris PA- Bernard L. Spaulding; J- Jay M. Hoke * Messer presents that he uses a road over 15 acres of land owned by Alum Creek respondents to reach his 4.54-acre tract where he built and occupied a home for more than 10 years. But a dispute has arisen, with son of Anna Morris informing him he has no right to use said road. Messer asks that the Court rule he has an easement that should prohibit interference with use of the road by him, guests and invitees. Charleston Attorney W. Dale Greene responded for the Morrises, calling for dismissal of Messer’s petition. Case number: 12-C123 Oct. 12 Timothy Payton vs. Erie Insurance Property and Casualty Co.; Lipscomb Insurance Agency, Inc.; and David Blake PA- Scott H. Kaminski; J- Jay M. Hoke * Payton contends he was denied underinsured motorist insurance coverage relative to a May 2011 automobile accident in Cabell County. He purchased his auto coverage from the Lipscomb Agency through agent Blake. Negligence, bad faith and unfair trade practices all are alleged in Payton's request for declaratory judgment in a jury trial. He seeks compensatory damages in excess of jurisdictional limits, punitive damages, pre- and post-judgment interest, and court expenses. Huntington Attorney Matthew J. Perry's answer to complaint for Erie includes "...Plaintiff made a knowing, voluntary and intelligent rejection of underinsured motorist coverage." Erie demands dismissal of the complaint and recovery of costs attendant to its defense. Case number: 12-C-126 Oct. 15 Gregory L. and Paula L. Napier vs. Countrywide Home Loans, Inc. PA- Sarah K. Brown; J- Jay M. Hoke * Asserting such charges as "Unconscionable Inducement, Fraud and Illegal Debt Collection," Hamlin couple says Countrywide prevented them from refinancing their home with a lower interest rate by failing to convert their manufactured home to real property. Napiers purchased a doublewide mobile home to place on their property. Obtaining a loan from Countrywide was subject to photos showing their unit was affixed to a foundation. Countrywide originated a 30-year loan of $94,842 Dec. 31, 2003, with interest rate of more than 6.8 percent, according to the Napiers. Complaint says Napiers executed certification that their home "was permanently affixed to a foundation or piers and would be treated as real property" but contend loan company "failed to cancel the certificates of title for the manufactured home" and have it recorded as required by law. They seek jury awards for actual damages, appropriate civil penalties for each violation of state's illegal debt collection code, appropriate equitable relief and release of deed of trust securing loan, and such other appropriate relief. Case number: 12-C-127 Oct. 18 Ella H. Burns vs. Bryan J. and Joseph A. McCallister PA- Ronald G. Salmons, Jeffrey S. Brown; J- Jay M. Hoke * Resident of Culloden says she has property in Carroll District of Lincoln County where McCallisters trespass and cause damages, such as removing fencing confining her cattle and rupturing a gas line. Burns petitioned for temporary restraining order, which was granted Oct. 24 by Judge Jay M. Hoke. Case number: 12-C-129

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