CIVIL FILINGS: Lincoln County

May 20
Rhonda S. Moran vs. Wanda K. Spence & William Spence Jr.; Progressive Casualty Insurance Co.; Progressive Classic Insurance Co.
PA- Charles R.Webb; J- Jay M. Hoke
* May 2009 accident on WV Route 10 at intersection with Roach Road resulted in Spence's Nationwide Insurance Co. paying liability coverage of $50,000 to Moran. Plaintiff also seeks under insured motorist coverage benefits from her policies with Progressive companies, claiming, among other things, Breach of Contract. Moran says Progressive" did not attempt in good faith to effectuate a prompt, fair, and equitable settlement...despite the fact that liability was reasonably clear..." She wants jury awards to include compensatory and punitive damages, pre- and post-judgment interest, and litigation costs.
Case number: 11-C-36

June 1
WesBanco Bank, Inc. vs. Eric J. Porter
PA- Robert A. Flaugher; J- Jay M. Hoke
* Bank says Harts resident owes more than $28,000 on defaulted Retail Installment Contract and Security Agreement from October 2007. WesBanco wants Court authority to repossess Porter's 2000 model Cherokee and collect litigation expenses and all other relief deemed appropriate.
Case number: 11-C-39

June 7
25th Judicial Public Defender Corp. vs. Gary L. & Catherine Cooper
PA- Robert L. White, Chief Public Defender; J- Jay M. Hoke
* Chief 25th Judicial Public Defender seeks jury trial "to ascertain and designate the true boundary line" for adjacent properties in Hamlin. An office building is on the property acquired by Plaintiff, while the Coopers are longtime neighboring residents. Complaint says Coopers have erected fences and planted shrubbery and flowers on Public Defender Corp. property, leaving no adequate remedy other than Court relief. Plaintiff wants boundary settled, plus jury actions to also include removal of fence, shrubs and flowers; restraining Defendants from annoying and harassing Plaintiff, order Defendants play Court costs, and award compensatory and punitive exemplary damages. (Case docketed for trial next September.)
Case number: 11-C-41

GreenTree Servicing, LLC vs. Harold D. & Rhonda M. Toney
PA- Jason S. Long, Jennifer S. Caradine; J- Jay M. Hoke
* GreenTree cites default of Toneys April 1997 installment contract totaling more than $124,000 on an $87,000 manufactured home. Complaint cites wrongful possession by Harts couple and GreenTree wants Court assistance in recovering the unit as collateral.
Case number: 11-C-42

June 10
Connie S. Wheeler, Administratrix for Donna M. Mascol vs. Kentucky Farm Bureau Insurance
PA- Ronald G. Salmons, Jeffrey S. Bowen; J- Jay M. Hoke
* Wheeler seeks jury trial to determine amount of compensatory damages for estate of her daughter fatally injured in an auto accident on WV Route 10 near Midkiff in June 2009. Three minor children are among survivors of Mascol. Plaintiff also wants recovery of litigation expenses.
Case number: 11-C-44