CIVIL FILINGS: Lincoln County

by Harmon Marks |
Aug. 12, 2011, 2:00am

June 23
Vanderbilt Mortgage & Finance Inc., as Power of Attorney for First Merit Bank, N.A. vs. John A. & Leslie Dunlap
PA- Marc B. Lazenby; J- Jay M. Hoke
* Vanderbilt asks to repossess a 1998 model mobile home financed for $23,036. Complaining Dunlaps failed to make payments since last January, cure for contract default is immediate possession of the unit.
Case number: 11-C-46

June 30
Cabell Huntington Hospital Inc. vs. Gregory S. McComas
PA- Daniel T. Yon, Melissa Eakle Leasure; J- Jay M. Hoke
* Hospital wants to collect $10,521 it says the Branchland resident owes for medical services to his children and other individuals going back almost a year.
Case number: 11-C-48

Ronnie Jenkins vs. David Ballard, Warden, Mount Olive Correctional Complex
PA- pro se; J- Jay M. Hoke
* Incarcerated since 1989, Jenkins requests "appointment of counsel" to enable him "to pursue further Appellate remedies." Victor Navy was appointed July 8 to represent Jenkins by Judge Jay M. Hoke, who recused himself and assigned the case to Boone Circuit Court Judge William S. Thompson. Jenkins has been housed in Mount Olive's Mental Health Unit since 1996.
Case number: 11-C-50

July 18
Latricia Smith & Judith A. Adkins vs. Paul Green, dba Green Logging
PA- Boyce Griffith; J- Jay M. Hoke
* Plaintiffs say Green violated a contract concerning cutting of timber on their property for sale. After a month's work from last November, complaint says, Green discontinued operation, leaving logs and ground waste, as well as a bulldozer. Women claim they learned Defendant did not register with the State Forestry Division. They want to recover proceeds from sale of lumber, with interest, and $100,000 for breach of contract, punitive damages, and any other Court awarded relief. An Order of Attachment was issued for the dozer.
Case number: 11-C-58

July 26
Robert Peterson vs. U.S. Bank National Association, as Trustee For Bear Steams ABS 2006-ACI; Platte River Insurance Co., Wells Fargo Bank, NA, dba America's Servicing Co.
PA- Jennifer S. Wagner, Daniel F. Hedges; J- Jay M. Hoke
* Citing "Unconscionable Inducement... Breach of Contract... Fraud... Estoppel... Negligence..." and "Illegal Foreclosure," complaint generally goes into details of so-called predatory lending practices. Peterson is described as a single, disabled veteran seeking to keep property at Yawkey, where he purchased land in 1981 for $10,000 on which he built a home. Defunct and bankrupt First Mangus Financial Corp. was first lender for Peterson and held a bond with Platte River before other Defendants followed with loan purchasing and servicing activities confusing to Peterson. Plaintiff wants jury to set aside foreclosure on his property by U.S. Bank and award him actual damages and such other relief deemed equitable and just.
Case number: 11-C-59

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