CIVIL FILINGS: Boone County

July 20
Hertz Equipment Rental Corp. vs. Western Pocahontas Properties Limited Partnership and Trinity Coal Corp.
PA- Marsha W. Kauffman; J- William S. Thompson
* Hertz seeks collection of $67,597 in unsatisfied indebtedness for heavy equipment provided a now bankrupt construction company contracted by Defendants for work at the Frasure (Frazier) Creek Mine. Hertz recorded a Notice of Mechanic's Lien with the Boone County Commission last January. Complaint wants judgment, jointly and severally, for $67,597, or absent payment, and that a Court appointed Commissioner oversee sale of as much of the Pocahontas-Trinity premises necessary to satisfy the lien. Hertz asks for such other and further relief deemed appropriate, just and proper.
Case number: 10-C-176

July 21
Transfer of Structural Settlement Payment Rights by Brandon McKnight to Stone Street Capital, LLC
PA- Robert J. Bandy; J- Thompson
* Petition reviews annuity income structured for McKnight in January 1999 made available by the death of his stepfather. The Foster resident wants to sell a portion of periodic future payments for a lump sum amounting to $50,602 to purchase a home and vehicle. Judge William S. Thompson scheduled a Sept. 15 hearing to air any contesting of the proposed transfer.
Case number: 10-C-178

July 22
Victoria Slater petition to be appointed guardian of and for Summer E. Stepp and William M. Stepp, minors
PA- Bobby R. Hale; J- Thompson
* Summer, age 16, and William, 11, reside in Kanawha County, but own real estate and have an estate in Boone County. Virginia Slater, their natural mother, says the minors need a guardian for the purpose of selling Boone real estate interests and a suitable guardian ad litem.
Case number: 10-C-179

July 28
Teresa Spinks, as Executrix of the Estate of Alfred Thurman Miller Jr., and Mary Lou Miller vs. Larry S. Ballard, Individually, and Hagers Auto Truck Center, Inc.
PA- Jerry Cook; J- Thompson
* Complaint says Ballard executed a promissory note date Aug. 1, 2000, payable to Mr. Miller, and in event of his death, payable to Mrs. Miller, in principal amount of $110,000 with interest only payments of $1,375 to be paid in monthly installments. Mr. Miller died in September 2006. Ballard is president of Hagers Auto Truck Center. Plaintiffs say the note is in default because Defendants refuse to pay and seek jury judgment for $110,000 and all interest accrued, plus litigation costs and any and all further relief deemed necessary.
Case number: 10-C-181