CIVIL FILINGS: Lincoln County

by Harmon Marks |
Mar. 19, 2010, 2:00am

Feb. 4
Vanderbilt Mortgage & Finance, Inc. vs. Loretta Hager, Davonna Davidson and Joshua May
PA- Marc B. Lazenby; J- Jay M. Hoke
* Vanderbilt complains the Branchlands residents defaulted on an April 2001, $26,000 loan for the purchase of an Oakwood mobile home. The loan company says payments are past due since June 2009 and wants the court to order Defendants to vacate the mobile home, which is the company's security interest for repossession.
Case number: 10-C-13

Feb. 5
Wolf Landscape Co. vs. Cellere, LLC
PA- Kenneth E. Webb Jr.; J- Hoke
* Wolf says Cellere breached a $52,000 contract of April 2007 for construction services on cell tower sites in West Virginia, including Lincoln County. Cellere did pay one-half of invoiced amount, $26,100, but did not respond to a year old letter from Wolf's counsel, the Complaint says. Wolf is seeking jury judgment for $26,100 and wards for compensatory damages, litigation costs and interests.
Case number: 10-C-14

Feb. 10
Jennifer Bragg vs. Municipal Mutual Insurance Co. of West Virginia
PA- W. Dale Greene; J- Hoke
* The Palermo resident says a February 2009 storm of "tremendous proportion" caused numerous damages to her mobile home and adjacent garage that affected habitability. According to Bragg, she had insurance coverage in full force to pay "for the entirety of her losses..." She seeks jury judgment for $40,000, "or such other sum...she is entitled to recover..." together with court costs, pre- and post-judgment interest and attorney's fees.
Case number: 10-C-15

Feb. 16
21st Century Home Mortgage Corp. vs. Virgie Richie and Bob & Minnie Kovach
PA- Timothy J. Amos; J- Hoke
* Parkersburg mortgage company says Big Creek residents are delinquent in paying a $38,885 promissory note to obtain a mobile home and seeks repossession as debt collateral.
Case number: 10-C-17

Feb. 18
First Sentry Bank, Inc. vs. Thomas & Tammy McGuire
PA- Leslie Dillon; J- Hoke
* Bank says the West Hamlin couple owes $18,486, plus interest accruing from last September, toward the balance on a public sale of their repossessed 1994 Four Winds vehicle to satisfy an August 2002 retail installment contract of $34,413. Complaint seeks Court judgment for the sale balance and interest, plus such other appropriate relief.
Case number: 10-C-18

Feb. 19
Donald Elswick, parent and next friend of Tara Elswick, a minor, for permission to settle a personal injury claim
PA- Kirk D. Lightner; J- Hoke
* Donald Elswick owned the automobile driven by Stephanie Elswick that collided with Fleetmaster Leasing's auto operated by Harry Hagelbarger in August 1997 on U.S. Route 60 hear Mall Road in Barboursville. The 15-year-old girl was a guest passenger in Elswick's vehicle. The father seeks to finalize an $18,000 insurance settlement. Judge Jay M. Hoke scheduled a hearing for March 26 on the petition.
Case number: 10-C-19

Feb. 22
Vanderbilt Mortgage & Finance, Inc. vs. Frieda L. Toney and James Stoller
PA- Marc B. Lazenby; J- Hoke
* Plaintiff says an installment-security agreement in February 2008 loaned more than $39,000 to Toney for a new Fleetwood mobile home. Payments owed, according to Vanderbilt, were defaulted last December. Stoller currently is in possession of the mobile home and the loan company wants the Court to order Defendants, and any others residing at the Hamlin address, to vacate, and grant any other appropriate relief.
Case number: 10-C-20

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