CIVIL FILINGS: Lincoln County

Jan. 11
Vanderbilt Mortgage & Finance, Inc., as Attorney-in-Fact for the Bank of New York Mellon, as Trustee vs. David J. Baus, Neil Vance, Patricia Vance
PA- Marc B. Lazenby; J- Jay M. Hoke
* Complaint says Baus, an Ohio resident, has failed to make monthly payments since July on a loan of $39,121 to purchase a mobile home in May 2002. The Vances of West Hamlin are in the unit Plaintiff seeks to repossess through a purchase money security interest in Baus' defaulted installment contract.
Case number: 13-C-4

Jan. 18
Curtis Wiley and all other similarly situated vs. Asplundh Tree Expert Co.
PA- L. David Duffield, A. David Nichols II; J- Jay M. Hoke
* Wiley, joined by 29 others, seeks jury awards of overtime pay for pre- and post-shift activities. Class action complaint says the plaintiffs were directed by Asplundh to turn in time sheet limited to 40 hours when weekly time worked was more than 40. The case alleges violations of U.S. Fair Labor Standards Act and West Virginia Wage Payment Collection Act. The suit says Asplundh "demonstrated its direction and control" over pre- and post-shift activities concerning its employees, primarily for reporting and exiting times and equipment maintenance. A jury is also asked to award court costs and any just and proper additional damages.
Case number: 13-C-9

Jan. 28
State Farm Mutual Automobile Insurance Co. vs. Jerry Maynard
PA- Andrew N. Frye III; J- Jay M. Hoke
* State Farm seeks judgment to recoup $11,509, plus interest and court costs from Maynard’s insurance company and brings the action as Subrogee for Mary Vance concerning a June 2011 vehicle collision at Harts. Complaint says Maynard intentionally blocked path of Vance's vehicle, causing collision which resulted in $4,571 damage to woman's vehicle and medical expenses amounting to $6,938.
Case number: 13-C-14

Feb. 7
Jenny Carver, Individually and as next best friend of Ariel Carver, a minor vs. Lincoln County Board of Education
* Mother Jenny Carver's petition for permission to settle all claims relative to a school bus accident in January 2012 will get a hearing March 4 before Judge Jay M. Hoke. Carver represents she negotiated a full and complete settlement for $10,000 with the school board and AIG Property & Casualty Insurance. Ariel was a student passenger when her bus was rear-ended by another school bus and was taken to a hospital emergency room. Hoke appointed attorney Rob Long her Guardian Ad Litem when ordering filing of Carver's petition.
Case number: 13-C-17

Vanderbilt Mortgage & Finance, Inc. vs. Melissa French
PA- Jason S. Long, Michael R. Proctor; J- Jay M. Hoke
* Complaint says William French defaulted on an October 2007 installment contract involving a total sum of $166,437 for a mobile home that is occupied by Melissa French at Griffithsville. Vanderbilt holds a perfected security interest lien on the unit and wants possession, saying defendant has wrongful possession. Finance company wants the court to direct the Lincoln County Sheriff to assist in repossessing mobile home and grant other proper relief.
Case number: 13-C-18

Feb. 12
Green Tree Servicing, LLC vs. Mark R. Eplin
PA- Jason S. Long, Michael R. Proctor; J- Jay M. Hoke
* Green Tree seeks to repossess a mobile home occupied by Eplin at Branchland, complaining he defaulted his May 1996 contract amounting to a total sum of $75,651. Plaintiff wants sheriff assistance to prevent breach of peace in removing Eplin and the court to grant proper relief as equity in case.
Case number: 13-C-19