September 23, 2013

Belleville

• $8,500- 203 E E Street- Deutsche Bank to Jerrod Stewart
• $93,000- 308 North 35^th Street- The Heirs and Devisees of John Rule to Robert Wuest
• $110,000- 100 Ladue Road- Shawn Coughlin to Phillip Gehrs
• $41,000- 520 South Virginia Avenue- Secretary of Veterans Affairs to Lynn Vermeiren
• $154,900- 4411 Liberty Mine Road- Federal National Mortgage Association to Levi K. Jones and Heidi L. Jones
• $20,000- 662 N. 39^th Street- Federal Home Loan Mortgage Corporation to Robert Schmitt

Cahokia

• $10,700- 29 Drexel Drive- Fannie Mae to Cheryl Helfrich
• $15,000- 17 Kinder St.- APA Properties LLC to Metro Property Partners LLC

Fairview Heights

• $145,500- 858 Clemson Avenue- U.S. Bank to Alea Alexander
• $51,000- 8 Circle Drive- Scott Jacob to Lindsay Pirtle

Lebanon

• $20,000- 10012 Rieder Road- James F. Joseph to Don G. Schaeffer and Lynette L. Schaeffer
• $74,200- 504 N. Pearl- The Bank of New York Mellon to Alex J. Glenn
• $275,000- 1220 Natalyns Tree- Federal Home Loan Mortgage Corporation to Mary L. Carroll

Mascoutah

• $160,000- 108 Falling Leaf Way- Todd Bermont to Jearl Thomson and Tiffany Thomson

Millstadt

• $90,000- 709 West Harrison Street- Albert Allen Demster Revocable Trust to Jo Ann Smith

O’Fallon

• $222,390- 924 Stone Briar Drive- McBride Stone Briar LLC to Christopher G. and Beth A. Gonzales
• $269,900- 902 Shadow Ridge Circle- Marvin E. Butcher Jr. and Linda L. Butcher to Phi Long Nguyen
• $538,000- 520 Scott Troy Road- Roosevelt and Gwendolyn Jenkins to Hua En Chen and Rita Xia Chen
• $160,000- 929 Brookdale Court- The Secretary of Veterans Affairs to Mariama Hargrove
• $389,900- 8409 Treybrooke Place- Jonathan W. Hummert to Clinton M. Smith and Carma L. Smith

Shiloh

• $53,000- 110 Maple Street- The Estate of Walter R. Bingheim to Village of Shiloh

Swansea

• $375,000- 1491 Renoir Avenue- Jon and Angela Verlinde to Eric and Katherine Ruocco

September 24, 2013

Belleville

• $10,000- 416 South 1^st Street- Suzanna Santos to Chet and Kim Shelton
• $255,000- 1320 E. State Route 15- IDOT to JJA Ventures LLC
• $41,000- 208 Chaucer Drive- The Secretary of Veterans Affairs to Murphy Shalabi
• $295,000- 12 W.  Pheasantwood Drive- 1^st Alliance Real Estate INC. to Edward Blake
• $220,000- 125 Wild Rose Drive- Kenneth J. and Marla A. Obernuefemann to Rhonda K. Eckes
• $127,500- 4317-4319 N. Park Drive- John L. Hamrick to Dan Kern
• $18,500- 401 South First Street- Regions Bank to St. Peters Roman Catholic Cathedral INC.

Lovejoy

• $1,000- 406 Adams Street- (Unable to decipher) to Gary J. Tillman and Bonita L. Tillman

Marissa

• $12,500- 430 North Park Avenue- Dorothy J. Oglivy-Lee to Johnny L. Taylor and Clara J. Taylor
• $4,000- 118 S. Bess Ave.- Edward F. Weiman to Sam Lato Jr. and Tina L. Lato

Mascoutah

• $55,000- Elmrose Lane- Matthew H. Ulrich to Derek Marshall

Millstadt

• $43,500- Nollmann Road- James L. Thomas to Renee Dahlmann

O’Fallon

• $299,453- 206 Shawnee Court- Fulford Construction INC. to Taylor L. Stooke and Lena Ann Colon Stooke

Shiloh

• $157,000- 3273 Tanglebrook Drive- James and Crystal Steffey and Jeanette Kilgore to Arin N. Vickers

Smithton

• $7,000- 119 S St. Johns Drive- Thomas White to Brandon J. White and Bridget F. White

Swansea

• $64,225- 616 Bond Avenue- Mary Brown, Nancy Fink and Barbara Hones to David Schobert and Patricia Schobert
• $294,952- 108 Sonoma Way- Heartland Home Builders to Jill Hinrichs

 September 25, 2013

Belleville

• $10,000- 517 Melbourne Dr.- Paul Woods to Wesley A. Hart

Cahokia

• $34,100- 1908 Marseilles Drive- U.S. Bank to 1323 West Main INC.

Fairview Heights

• $170,000- 10712 Lincoln Trail- Nancy M. Bollinger to Dead Land Holdings LLC

Millstadt

• $178,000- 8 West Laurel- Gregg L. Crawford to Jeremy Kearns

New Athens

• $135,000- 506 S. Benton Street- Gary’s Restaurants INC. to Peggy Lance

O’Fallon

• $368,539- 1100 Hollander Court- Huntington Chase Homes to Nathan L. Parchman and Nicole S. Parchman
• $127,500- 412 Winchester Dr.- Dustin R. McGill to Tyler Schubert

Swansea

• $147,500- 18 Meta- Aaron Laramore to Cody A. Stockman

September 26, 2013

Belleville

• $19,000- 106 South 30^th Street- Federal Home Loan Mortgage Corporation to Frank Brutto
• $85,000- 1600 Berkley Lane- Robert M. Patterson and Susan E. Patterson to Christina N. Harris and Nicholas R. Keller

Caseyville

• $11,000- 2807 Progress Ave.- Roger and Kim Eckert to Michael J. Threllerd
• $3,300- 40 Acordi Drive- Samuel P. Hall and Zerac Hall to Tara Hayden

Fairview Heights

• $42,800- 6013 Old Collinsville Road- John Elwin Slothower to Don P. Kissler and Catherine T. Kissler
• $24,900- 100 Mount Vernon Drive- The Secretary of Veterans Affairs to Mark Hellmuth

Lebanon

• $95,000- 114 Stanton St.- Phillip Scott Von Hatten and Lindasy Von Hatten to Eric K. Richards
• $24,000- 425 West Schuetz- Alona Marie Daudel to Duane Strehle

Lenzburg

• $50,000- 413 North Main Street- Barry N. Mehner to Larry A. Sloan and Nancy J. Sloan

Mascoutah

• $49,750- 908 Ottawa Court- AKS Developments LLC to Kappert Construction Co. INC.

New Baden

• $77,000- 833 Lila Court- Michael Murphy and Melissa Murphy to Wanda L. Hicks

O’Fallon

• $185,000- 1109 Alysheba Drive- Brooks and Mary Beth Bash to Thomas and Susan Wessel
• $201,000- 916 Moye School Road- John A. Scherschel and Tanya M. Scherschel to Rechell O. Hansen and Kim Hansen
• $70,000- 905 Pohlman Road- Charles W. Ross and Cherie M. Ross to Ronald J. Warhoover and Cheri E. Warhoover
• $125,000- 101 S. Lincoln Avenue- Bank of O’Fallon to Whitney Wisnasky-Bettorf
• $104,000- 819 Jade Drive- Sharon Tutor to Michelle Black and Dawn Elser

Shiloh

• $126,500- 30 Ramona Drive- Stillwater Corporation to Krissa Altenbaumer and Thomas Altenbaumer

Swansea

• $160,000- 3217 Old Caseyville Road- Thomas and Susan Wessel to Tyler and Elise Van Natta

September 27, 2013

Belleville

• $24,000- 4109 Betty Dr.- Harry M. Hamilton to Douglas S. Jameson
• $25,000- 412 S. 19^th- John Haar and Melissa Mason to Joseph Haar
• $96,500- 37 Char Claire Drive- Federal National Mortgage Association to Thomas R. Duff
• $130,000- 19 Windsor Drive- Montgomery Rodgers and Elizabeth Rodgers to Darryl Boyd

Cahokia

• $14,600- 1309 St. Stephen- Barbara M. Jungers and John J. Jungers to Saint Louis Investments LLC
• $14,900- 35 Saint Gregory Drive- Federal National Mortgage Assocation to Marco Rogers

Caseyville

• $18,500- 11 Hadfield Lane- Fannie Mae to Roger J. Streif and Linda M. Streif
• $370- 8100 Bunkum Road- East St. Louis School District 189 to St. Clair County

Dupo

• $87,500- 432 Miranda Drive- JP Morgan Chase Bank to Darren Schaffer
• $107,000- 1140 Muskopf Place- Kenneth E. Crowe Jr. to Bart N. Kenner

Fairview Heights

• $169,000- 201 Americana Circle- Scott Waeltz and Cecilia Waeltz to Michael Davey
• $180,000- 229 Crystal Lane- Federal National Mortgage Association to Shanaye Rogers

Marissa

• $1,200,000- Rural- Midwest Coal Reserves of Illinois LLC to Glenda Zanders

O’Fallon

• $108,460- 325 Agnes Drive- Fannie Mae to John Covington and Allison Covington
• $174,000- 916 Monterey Drive- Kevin L. Blake and Jeanine K. Blake to Andrew Wyly and Ashley Wyly
• $121,500- 3331 Sweetwater Lane- The Secretary of Veterans Affairs to Christopher D. Murphy
• $127,000- 315 Whitehall Drive- Kevin D. Schaeffer to Amber Lea Hough

Smithton

• $195,000- 5645 Stone Villa Drive- Damon A. Haarmann and Haley J. Haarmann to Lauren Schwaegel and Derik Schwaegel

Washington Park

• $5,000- Bunkum Road- Alton & Southern Railway to St. Clair County

Knieriem

A St. Clair County woman claims her insurance company refuses to reimburse her more than $25,000 for damages her home sustained during a fire.

Annie Williams claims her home sustained about $25,000 worth of damages during a Nov. 1 fire. At the time, she had insurance through defendants Independent Mutual Fire Insurance Company and Homesite Insurance Company of Illinois, according to the complaint filed Sept. 19 in St. Clair County Circuit Court.

Although Williams has notified the companies of her damages, they refuse to reimburse her, the suit states.

In her two-count complaint, Williams is seeking a judgment of more than $100,000 but no more than $150,000, plus costs, pre- and post-judgment interest and other relief the court deems just.

David C. Knieriem of Clayton will be representing her.

St. Clair County Circuit Court case number: 13-L-482.

An insurance company seeks to be dismissed from a Washington Park police officer’s lawsuit alleging he is owed money for injuries from an automobile accident with an intoxicated driver.

According to the complaint filed April 23, police officer Donald Hubert Jr. claims he was working on April 7 around 5:30 a.m. when he attempted to stop co-defendant Jonathan D. Klein, who was allegedly driving erratically.

“Instead of complying with the lawful instructions of a police officer, defendant Klein recklessly, and while intoxicated, drove his motor vehicle into the police car of plaintiff, resulting in injuries to plaintiff Hubert,” the suit states.

According to the complaint, Hubert had a policy through State Farm Mutual Automobile Insurance Company that was supposed to protect him if he got into a collision with an uninsured motorist at the time of the crash.

State Farm filed a motion to dismiss on Aug. 20 arguing that Hubert failed to state “facts giving rise to a cause of action, contractual or otherwise” in his complaint. It also states that punitive damages should be stricken because Hubert allegedly failed to include a factual basis establishing rights to such damages.

Hubert filed a motion to strike State Farm’s motion to dismiss on Aug. 22 through his attorney Thomas G. Maag of the Maag Law Firm, LLC, claiming State Farm is liable on all counts against it.

Hubert accuses State Farm of waiting too long to file its motion to dismiss. The motion to strike states that State Farm had 30 days, or until Aug. 1 to respond before the order was final.

State Farm replied to the motion to strike on Aug. 23 by filing a brief in support of the motion to set aside default ruling. State Farm argued that it was allowed to file the motion to dismiss later than 30 days.

“Motions to vacate default judgment under section 2-1301(e) are to be granted liberally in Illinois,” the brief states, “much like amendments to pleadings.”

State Farm argues that the complaint had its name entered as State Farm Mutual Insurance Company, which is a nonentity. Also, the service documents were delivered to a State Farm insurance sales agent who has no connection with anyone involved in the case, the insurer states.

“A court properly refuses to enforce a previous judgment against a defendant when the judgment does not name the parties appropriately,” the brief states.

State Farm also states that “language does not magically convert a non-final order into a final order,” alleging no final orders have been entered.

Hubert also names Washington Park as a defendant, blaming it for failing to secure workers’ compensation insurance and failing to provide him with a safe place to work.

He also names Mega Leasing Corporation as a defendant, blaming it for selling the alcohol to Klein, which allegedly caused him to become intoxicated.

Hubert seeks a judgment of more than $100,000, compensatory damages of more than $100,000, and punitive damages of more than $100,000.

On Sep. 27, St. Clair County Circuit Judge Andrew Gleeson scheduled a motion hearing for Nov. 12 at 9 a.m.

Martin K. Morrissey of Reed, Armstrong, Mudge & Morrissey, P.C. in Edwardsville represents State Farm.

Maag Law Firm, LLC is located in Wood River.

St. Clair County Circuit Court case number 13-L-213

David Berwin

U.S. District Judge William D. Stiehl is denying allegations brought against him in an auto collision lawsuit, asking that the case be dismissed.

According to the complaint filed on Aug. 5, Amos C. Mosby, Jr. claims he was driving on McClintock Avenue in Belleville on Aug. 13, 2011, around 1:20 p.m. when Stiehl, driving on Garden Boulevard near its intersection with McClintock, ran a stop sign and caused a collision.

Stiehl is accused of failing to maintain a proper lookout, failing to stop at a clearly marked stop sign, failing to yield the right-of-way, failing to obey a traffic control device and driving through an intersection without first determining whether it was safe to do so.

Stiehl presides as federal judge in the Southern District of Illinois.

He also filed affirmative defenses in the case on Sept. 18 claiming that Mosby is at least 50 percent liable for the accident.

He also blames the plaintiff for being negligent and at fault for his own injuries. He claims Mosby failed to keep a careful lookout, operated his vehicle at an excessive speed for the conditions, failed to sound his horn or reduce speed to avoid a collision and failed to notice and observe Stiehl’s vehicle.

Stiehl claims he is “entitled to a set off of any settlement monies that plaintiff has perceived to be alleged injuries sustained in the accident identified in his complaint,” the affirmative defenses state.

Lastly, Stiehl accuses Mosby of failing to mitigate his damages.

Mosby replied to Stiehl’s affirmative defenses on Sept. 26, denying all of Stiehl’s arguements.

A jury trial has been demanded.

Mosby seeks a judgment of more than $50,000.

St. Clair County Circuit Judge Robert LeChien scheduled a status conference for Nov. 12 at 9:30 a.m.

Mosby is represented by Amy Collignon Gunn of the Simon Law Firm in St. Louis.

David C. Berwin of Evans & Dixon in St. Louis is representing Stiehl.

St. Clair County Circuit Court case number 13-L-408

Lakin

Kuehn

Unsell

Former lawyer Tom Lakin of Wood River claims he registered as a sex offender to defeat a civil suit accusing him of sexual offenses.

Clyde Kuehn of Belleville sprang the argument on Oct. 2, in a brief opposing summary judgment for the family of a former employee suing Lakin and his firm.

Kuehn wrote that special state prosecutor Charles Coburn made “incredibly favorable concessions” in arranging Lakin’s registration as a sex offender.

“The state would never have obtained any form of resolution with regard to the sundry sexual misconduct accusations being made against Tom Lakin by the plaintiffs without agreeing to forego any admission of guilt from Tom Lakin,” Kuehn wrote.

Madison County Circuit Judge Charles Romani approved Lakin’s registration as a sex offender at a bench trial on Oct. 25, 2011.

Lakin attended the trial on temporary release from federal prison, where he served time after pleading guilty to drug distribution charges.

Federal prosecutors had charged him with sexual offenses, but they dropped the charges as part of plea negotiations.

The civil suit had begun before the criminal investigations did.

Ed Unsell of East Alton filed it in Madison County circuit court in 2006, on behalf of the family of a former employee he identified as Jane Doe.

Chief Judge Ann Callis transferred the suit to St. Clair County, where it remained idle while Lakin served his sentence.

Now that Lakin has left federal prison in Texas and moved to a halfway house in St. Louis – where is scheduled to be released Nov. 30 – the suit has resumed in the court of Associate Judge Heinz Rudolf.

Unsell moved for summary judgment in 2011, arguing that Lakin’s registration as a sex offender constituted an admission of liability.

Kuehn then pleaded that it meant the opposite.

“The criminal proceedings in Madison County did not truly test anything about the merit of the allegations in the plaintiffs’ complaint,” he wrote.

“In fact, those Madison County criminal proceedings were specifically designed to end an unknown specter of menacing criminal liability while at the same time allowing Tom Lakin the freedom and opportunity to actually litigate in the future.

“Lakin settled his criminal risks in Madison County with his eyes wide open, completely mindful of the fact that this case was pending, had been on file for several years, and that the plaintiffs had demanded $50 million in lieu of a civil trial.”

Kuehn wrote that Lakin pleaded not guilty to criminal sexual abuse charges and denied every allegation in the civil complaint.

He wrote that the proceedings before Romani “did nothing to bar Lakin’s right to contest the accusations leveled in this civil suit.”

“Once again, for clarity’s sake, the proceedings were fashioned with that very opportunity clearly in mind,” Kuehn wrote.

He defined the proceedings before Romani as a stipulated bench trial, writing that such a trial resolves criminal liability in a manner unique to Illinois.

“Defendants in Illinois can negotiate concessions from the state in return for conceding the legal efficacy of the state’s proofs and agreeing not to put them through the crucible of a trial test,” Kuehn wrote.

“There is no admission of guilt,” he wrote. “Neither is there any true test of the evidence to which the defendant is required to stipulate in return for negotiated concessions from the state.

“That is the way some defendants who insist upon their innocence can nonetheless resolve criminal liability in return for some form of favorable treatment from the state.

“Of course, the state has to agree. That is precisely what transpired in MadisonCounty on Oct. 25, 2011.”

He wrote that what occurred had nothing to do with litigating guilt or innocence.

“Indeed, what occurred was the exact opposite of a real fight over the facts,” Kuehn wrote.

“Lakin, without admitting guilt, and having asserted his innocence by entry of a not guilty plea moments before the stipulated bench trial proceedings began, was willing to forego challenge to the state’s evidence without concern for its potential weaknesses or believability because of the state’s willingness to dispose of all potential criminal liability essentially sans punishment.”

Kuehn wrote that Coburn offered to charge the least onerous sexual offenses and recommended sentences that added no imprisonment to the federal imprisonment.

“The exceedingly generous offer actually had been made much earlier and shunned because the special prosecutor insisted upon a guilty plea to ‘satisfy his victims,’” he wrote.

“The state’s offer became too good to refuse when the prosecutor ceased to insist upon a plea of guilty and agreed to a stipulated bench trial without any admission of guilt for the offer then allowed Lakin to wipe the slate clean criminally without providing a cake walk to the civil plaintiffs who were waiting in the wings.”

Kuehn advised Rudolf to follow opinions of the Fifth District appellate court, calling it “an enlightened court of review that, by reputation, disdains routine implementation of summary judgments and believes whenever possible litigants should be afforded a full opportunity to be heard.”

“Illinois courts have been conducting stipulated bench trials for decades, since 1979 to be precise,” he wrote.

“These one sided bench trials have been an accepted procedure in lieu of guilty pleas employed to dispose of criminal matters when, for various reasons, a defendant does not want to admit guilt and wants to maintain innocence.

“One of these reasons is to dodge the use of a guilty plea in subsequent civil proceedings.  “The procedure is employed routinely in traffic court where citations are often linked to a civil lawsuit.

“Tom Lakin did not face any charges until a negotiated package resolving all criminal exposure was reached.

“The state had an arsenal of potential charges that could fit the accusations being made and several of them were Class X felonies that carried mandatory six year imprisonment, mandatory consecutive sentences on multiple counts, and early release only after serving 85 percent of whatever prison term was imposed.

“Lakin could ensure his future freedom, avoid the risk of potentially spending the rest of his life in a state penitentiary, and maintain his innocence without an admission of guilt of any kind, simply by foregoing a true test of the state’s evidence.

“All he had to do was to refrain from actually litigating his guilt or innocence.

“The incentive to stand criminal trial was completely abrogated when the special prosecutor offered the method by which to avoid negative consequences in the pending civil litigation which was an ever present concern in resolving the criminal liability.

Rudolf continued an Oct. 3 hearing until parties agree to a new hearing date.

Duffy

A federal judge today granted Paul Duffy’s request for an extension of time to respond to an amended counterclaim filed last month by the defendants in a pair of defamation suits brought earlier this year by Duffy and Prenda Law.

Duffy –who represents himself and the now-dissolved firm in the suits that were consolidated this summer in Chicago’s federal court — wrote in his Sept. 30 motion that he does not seek the extension “for purposes of causing undue delay or for any improper purpose.”

Saying he doesn’t believe an extension will have an impact on a status hearing that is set for Dec. 12, Duffy explained in his motion that he needs “additional time to prepare and submit a motion addressed to the counterclaim.”

He wrote the amended counterclaim that the defendants –Minnesota attorney Paul Godfread and his client, Alan Cooper– brought on Sept. 16 “alleges a number of matters (a striking volume of which are outright false or, at a minimum, materially misleading) that were not included in the first iteration of their counterclaim.”

Duffy adds that he “believes that the amended counterclaim includes most or all of the same defects that led to the dismissal of their initial counterclaim.”

He told U.S. District Judge John Darrah at a hearing today that he plans to file a motion to dismiss. Darrah granted Duffy’s request for an extension of time and gave him until Oct. 15 to file his response.

In August, Darrah dismissed the defendants’ original counterclaim, saying that as it “is presently constructed, it is unclear what role Duffy played in the claims asserted.”

He added, “It is clear, however, Godfread and Cooper believe multiple other individuals and entities are involved, who have not been named as parties to this lawsuit.”

Darrah then gave the defendants 30 days to file an amended counterclaim, which they did.

In their amended counterclaim, Chicago attorney Erin Kathryn Russell and Massachusetts attorney Jason Sweet wrote that the defamation suit against their clients was brought in retaliation for an identity theft suit they brought against Prenda Law and its principals earlier this year in Minnesota.

The identity theft suit focuses on allegations that Cooper’s name had been used as an officer or director of AF Holdings, a client of Prenda Law, without his knowledge or consent.

Cooper had served as a caretaker for property owned by John Steele, a former name partner of Steele Hansmeier in Chicago. That firm, according to the defendants’ recent filing, was the predecessor in interest to Prenda Law, which voluntarily dissolved in July.

Cooper alleges that on numerous occasions, Steele bragged to him about a plan involving massive copyright litigation and told him to call him if he were ever contacted about any of his law firms.

In November 2012, Cooper claims he learned about copyright lawsuits being filed by AF Holdings and that the company had a CEO named Alan Cooper. He hired Godfread out of fear that he could be held liable in these suits.

Unable to get to the bottom of the identity issue, Cooper filed suit. A few weeks later, he and Godfread were sued for defamation by Prenda Law and Duffy in the circuit courts of Cook and St. Clair counties.

The lawsuits that were late removed to their respective federal courts accuse them, as well as 10 potential John Doe defendants, of making false and defamatory statements in a Minnesota lawsuit and on various websites.

Among other allegations, the suits claim the defendants accused Prenda Law and some of its attorneys of “criminal offenses; want of integrity in the discharge of employment; lack of ability in its profession; and the commission of fornication and adultery.”

In their amended counterclaim, the defendants assert that “As will become apparent, the appropriation of Cooper’s identity is but one instance in Prenda’s established pattern and practice of fraud and misappropriated identities.”

Their recent filing identifies the “key players and agents” of this “practice of fraud” as Duffy, Steele, Steele’s former law partner Paul Hansmeier and Mark Lutz, who the defendants note has been described as a paralegal for Prenda Law, as well as the CEO and manager of AF Holdings, among others.

The defendants contend that Duffy, Steele and Hansmeier are “responsible for directing the activities of Prenda Law and AF Holdings litigation through a retinue of misappropriated identities, aliases, shell corporations, sham plaintiffs, straw defendants and local ‘of Counsel’ attorneys.”

All four of these “key players and agents,” according to the amended counterclaim, exercised their Fifth Amendment right against self-incrimination when they were called to testify in a California case about their involvement in AF Holdings and the appropriation of Cooper’s identity.

The first count of the defendants’ amended counterclaim seeks declaratory judgment pursuant to Minnesota’s Anti-SLAPP statute, which aims to protect citizens in lawsuits that intend to prevent public participation.

“A review of the complaint filed by Godfread on behalf of Cooper confirms that their conduct was genuinely aimed at procuring favorable government action, e.g. obtaining relief from the Minnesota court for the theft of Alan Cooper’s identity,” the filing asserts.

The second count of the amended counterclaim is for invasion of privacy based on the defendants’ contention that Prenda Law and Duffy “have appropriated Cooper’s name for their own benefit.”

The amended counterclaim also includes counts for civil conspiracy and defamation, the latter of which stems from affidavits Prenda Law filed in a different lawsuit.

Those affidavits include statements from Steele’s brother-in-law and an acquaintance of Steele and Cooper about Cooper having a mental illness, a claim the defendants assert is “unsubstantiated and untrue.”

In addition, the defendants’ amended counterclaim includes a count for abuse of process in that Duffy and Prenda brought the defamation suit for “improper and unlawful purposes.”

Godfread and Cooper seek statutory, exemplary and punitive damages on their counterclaim, as well costs of the action.

Also at today’s hearing, Russell told Darrah she accidentally filed her reply to the plaintiffs’ response to her sanctions motion late and asked that it be deemed timely filed.

The defendants last month asked Darrah to impose sanctions on Prenda Law and Duffy for “lying to court officials, presenting false documents … and at all times following a course of action from which any reasonably prudent attorney would run.”

Among other allegations, the defendants claim that when the defamation suit was still pending in St. Clair Circuit Court, Prenda Law’s local counsel, Belleville attorney Kevin Hoerner, made misrepresentations to the clerk’s office to get an amended complaint filed without leave of the court.

The amended complaint sought to add Alpha Law Firm in Minnesota as a plaintiff, a move that would have helped further Prenda Law’s argument that the suit should be remanded back to state court because the additional plaintiff destroyed diversity of citizenship since the defendants are also from Minnesota.

The defendants, however, did not ask Darrah to sanction Hoerner in their request under Rule 11, which allows courts to impose sanctions.

In response, Duffy and Prenda Law dubbed the defendants’ motion for sanctions as “a quagmire, short on substance and made up almost entirely of invective, pejoratives, and ad hominem attacks.”

He asked Darrah to deny the defendants’ sanctions motion, saying that it violated Rule 11, failed to cite a valid basis for the imposition of sanctions, contained false representations and misstated applicable law.

In their recently-filed reply brief, the defendants assert that Duffy and Prenda Law failed to withdraw their position over the amended complaint, waived Rule 11’s 21-day safe harbor provision and misrepresented the law, among other reasons, and as such, should be sanctioned.

If Darrah decides to deny their Rule 11 motion for sanctions, the defendants asked him in their reply brief to impose sanctions under Section 1927 of the U.S. Code and the court’s inherent authority.

And although they want dismissal of the defamation suit as a sanction, the defendants told Darrah in their brief that if he is not inclined to do so, he should order Prenda Law and Duffy to pay all costs and attorneys’ fees, as well as “a sanction payable to the court in an amount sufficient to deter such future conduct.”

Cook

An electric distribution cooperative is denying allegations brought against it in a wrongful death lawsuit.

On Sept. 11, Southwestern Electric Cooperative denied that the plaintiff has properly stated a cause of action for wrongful death and denies that the plaintiff was damaged to the extent alleged.

Nancy Mehochko claims her husband Gregory Mehochko was working near and touching a concrete mixer on Jan. 23 when an overhead power line without insulation collapsed and came in contact with the concrete mixer. Gregory Mehochko died on Feb. 12.

The power line is owned by Southwestern Electric Cooperative and was knocked over after a track hoe came into contact with it.

According to the complaint, Nancy Mehochko claimed her husband was working on a construction project near the intersection of State Route 162 and Lakeview Acres Road in Maryville at the time of the incident.

Third party defendant Thiems Construction Company denied allegations Southwestern Electric Cooperative brought against it on Sept. 12, arguing that its claim for contribution is barred by the exclusive remedy provision of the Illinois Worker’s Compensation Act.

Nancy Mehochko alleges Southwestern Electric Cooperative failed to maintain its power line, failed to maintain the reclosures protecting the power line and failed to suspend its power line at the proper height.

The complaint also lists Concrete Supply as a defendant, which stated on July 11 that if the plaintiff sustained injuries, they are the result of the carelessness, negligence, fault and/or unlawful conduct of persons other than the defendant.

St. Clair County Circuit Judge Vincent Lopinot scheduled a status conference for Dec. 9 at 9 a.m.

Previously, Southwestern Electric Cooperative filed a motion to dismiss, which was denied, stating that the plaintiff failed to plead sufficient facts to demonstrate the company owed a duty to the decedent, breached a duty and caused the worker’s death.

A jury has been demanded by Concrete Supply of Illinois, Southwestern Electric Cooperative and Thiems Construction Company.

Nancy Mehochko seeks a judgment of more than $50,000 in damages.

Bruce R. Cook of Cook, Ysura, Bartholomew, Brauer and Shevlin in Belleville represents Nancy Mehochko.

James Stockberger of Armstrong Teasdale LLP in St. Louis represents Concrete Supply of Illinois.

John McCollough and Matthew Champlin of HeplerBroom in Edwardsville represent Southwestern Electric Cooperative.

W. Jeffrey Muskopf and Annie Bode Callahan in St. Louis represent Thiems Construction Company.

St. Clair County Court case number 13-L-138

September 23, 2013

• Nationstar Mortgage V. Laurie Bateman, $148,139.12, 1907 Apple Blossom Lane, Columbia. 13-CH-812

September 24, 2013

• JPMorgan Chase Bank V. Jason Brown, Emily Brown, $139,784.70, 1501 Potomoc Drive, Belleville. 13-CH-813
• JPMorgan Chase Bank V. Clarence N. Mayes, Christina M. Whitson, $55,473.84, 45 W. Phillips Street, Mascoutah. 13-CH-814
• Wells Fargo Bank V. Jason Kennedy, Paula M. Halfhill, $93,071.68, 807 Forest Avenue, Belleville. 13-CH-815
• U.S. Bank V. Robert Elie, Shayne Elie, $97,647.61, 924 Express Drive, Belleville. 13-CH-816
• U.S. Bank V. David C. Wolfson, Carolyn F. Wolfson, $166,302.27, 2260 Calgary Drive, Belleville. 13-CH-817
• Wells Fargo Bank V. Alex A. Martinez, $69,895.80, 402 Hollywood Heights Road, Caseyville. 13-CH-818
• JPMorgan Chase Bank V. Jerry L. Menard, $117,161.08, 803 Meadow Brook Dr., Freeburg. 13-CH-819
• First Collinsville Bank V. Shawn E. Foppe, Kenny Rodewald, $84,470.90, 11 Monticello Place, Fairview Heights. 13-CH-820

September 25, 2013

• Commerce Bank V. Kevin Hazlett, Debbie J. Hazlett, $339,865.24, 12 Emerald Terrace, Swansea. 13-CH-821
• Nationstar Mortgage V. Kevin Kraft, Malinda R. Kraft, $107,550.19, 2115 South 11^th Street, Belleville. 13-CH-822
• Nationstar Mortgage V. Robert E. Winn, Laketa S. Winn, $76,751.81, 1141 Dawn Drive, Belleville. 13-CH-823
• PHH Mortgage Corporation V. William D. Adams II, Holly J. Russell, $191,173.51, 3564 Harbor Way, Belleville. 13-CH-825
• CitiMortgage V. Unknown Heirs of James Lee Smiley, $60,697.35, 8841 Sterling Place, Caseyville. 13-CH-826
• Regions Bank V. Robert K. Patterson, $24,868.87, 4112 North Belt West, Belleville. 13-CH-827
• Midfirst Bank V. Augustine James, $57,616.58, 39 West Adams Drive, Cahokia. 13-CH-828

September 26, 2013

• Deutsche Bank V. John S. Lamonte, Brenda L. Lamonte, $159,694.26, 1560 Erica Renee Ct., Belleville. 13-CH-829
• JPMorgan Chase Bank V. Gene L. Evans, Ethel Evans, $39,809.54, 1616 N. 44^th Street, East Saint Louis. 13-CH-830
• Branch Banking & Trust Company V. Mary Jablonski, Judy Jablonski, Jean Jablonski, Jennifer Jablonski, $146,667.36, 308 Fieldcrest Drive, Belleville. 13-CH-831

September 27, 2013

• First Horizon Home Loans V. Steven Kunz, Lana Kunz, $17,715.47, 325 West Van Buren Street, Belleville. 13-CH-832
• Green Planet Servicing V. Gregory J. Beatty, $84,176.97, 108 St. John Drive, Belleville. 13-CH-833
• Wells Fargo Bank V. Charles T. Overbey, Jacqueline M. Overbey, $60,705.22, 303 East Ellis Street, Summerfield. 13-CH-834
• Flagstar Bank V. Alan Koehler, Nancy Koehler, $53,823.74, 29 Westwood Dr., East Saint Louis. 13-CH-835
• U.S Bank V. Unknown Heirs and Legatees of Ossie W. Kersee22,783.24, 1716 Cleveland Avenue, East Saint Louis. 13-CH-837

September 30, 2013

• Flagstar Bank V. Rosemary Lopez, $93,848.08, 15 S. 77^th St., Belleville. 13-CH-839
• JPMorgan Chase Bank V. Milton A. Pinkston, Janice M. Pinkston, $137,560.17, 4925 Granite Drive, Smithton. 13-CH-840
• Deutsche Bank V. Daniel W. Barks, Danielle L. Barks, $123,547.19, 419 Carter Drive, Dupo. 13-CH-841
• Regions Bank V. Patricia A. Taubig, $58,528.30, 803 N. 17^th Street, Belleville. 13-CH-842
• Bank of America V. Tina Grenzer, Marsha M. Khoury, Joseph W. Grenzer, $40950.99, 1118 St. Benedict, Cahokia. 13-CH-843

October 1, 2013

• Nationstar Mortgage V. Larry Goggin, Wendy Goggin, $46,456.28, 509 South Church Street, Belleville. 13-CH-844
• Wells Fargo Bank V. Scott Tiepelman, $138,633.72, 501 S. Walnut Street, O’Fallon. 13-CH-845

October 2, 2013

• Deutsche Bank V. Katie M. Pitts, Lee A. Pitts, $121,230.64, 122 East Shore Drive, Belleville. 13-CH-846
• U.S. Bank V. Susan B. Harvey, $29,940.25, 1807 West Adams Street, Belleville. 13-CH-847
• PHH Mortgage Corporation V. Dawn D. McPherson, $80,872.09, 500 Eiler Road, Belleville. 13-CH-848
• Citizens Community Bank V. Harold Kessler, Todd A. Kessler, $320,134.24, 5167 Pleasant Ridge School Road, Freeburg. 13-CH-849
• Regions Bank V. Michael R. Pyszka, $28,420.13, 213 South 18^th Street, Belleville. 13-CH-851
• PHH Mortgage Corporation V. Mark A. Heffner, Jennifer L. Heffner, $97,334.23, 226 West Main Street, Lebanon. 13-CH-852

Herndon

To pursue a class action against East St. Louis and trash hauler Waste Management, landlords of the Sieron family classify themselves as “technical owners” of homes they intend to sell.

That means their businesses can sue the city and Waste Management under federal debt collection law, Belleville lawyer Alvin Paulson wrote on Oct. 7.

Three Sieron corporations claim East St. Louis improperly issues nuisance citations that force residents to pay delinquent bills to Waste Management.

Waste Management moved to dismiss the action on Sept. 27, arguing that the law applies only to transactions for personal, family, or household purposes.

Paulson replied, “Although it is true that the lead Plaintiffs in the class action suit are business entities, the relevant Waste Management debts that trigger the ordinance citations are those of the families that occupy the homes owned by the plaintiffs.

“Plaintiffs engage in selling residential lease-to-own homes whereby the plaintiffs retain title to the home and occupier pays rent until a set period of time passes where the renter will then have the option to buy the house using some of the rent already paid as a down payment of sorts.

“As the technical owner of the home, the plaintiffs are ultimately responsible for property ordinance violations incurred by their tenants, and thus receive citations under the debt collection scheme provided in the class action complaint.”

Paulson also rejected Waste Management’s argument that the law defines the company as a creditor rather than a debt collector.

He wrote that the law makes an exception for a creditor who uses another name that would indicate a third person is collecting or attempting to collect a debt.

Waste Management is the true source of the city’s citations, he wrote, and it sends the city a list of debtors knowing the city will automatically issue citations to those on the list.

He wrote that a consumer almost certainly would view a citation issued by a city as even more imposing than a demand letter from an attorney.

“Though it is true that the ordinance citations say nothing about a consumer’s debt with Waste Management, that fact becomes very clear at the hearing regarding the ordinance violation where the consumer is told that they did not actually violate any ordinance but rather received the ticket because they were on a list sent to the city by Waste Management,” he wrote.

“Obviously, this practice wrongfully coerces customers into paying their Waste Management bill through abusive and deceptive harassment.”

Paulson also stood behind a conspiracy claim against the city and Waste Management.

“The function of a conspiracy claim is to extend liability in tort beyond the active wrongdoer to those who have merely planned, assisted or encouraged the wrongdoer’s act,” he wrote.

The element of intent is satisfied when a defendant knowingly and voluntarily participates in a common scheme to commit an unlawful act, he wrote. He also argues that conspiracy actions by their very nature do not permit a plaintiff to allege all the details of the conspiracy or the exact roles of the defendants.

“In fact, a conspiracy is rarely susceptible of direct proof; instead, it is established from circumstantial evidence and inferences drawn from evidence, coupled with commonsense knowledge of the behavior of persons in similar circumstances.”

Chief District Judge David Herndon has set a trial date in 2015.

Hawkins

An East St. Louis man accusing city officials and staff of failing to abide by Freedom of Information Act requirements responded to a defense motion to dismiss saying the city is delaying justice.

Civic activist Matt Hawkins filed the complaint more than three months ago against East St. Louis officials and staff, claiming he has not received a response from the city or its attorney regarding his request for documents concerning a Community Block Development Grant, where nearly $2.5 million was spent to renovate and/or build 16 housing units involving only 12 buildings. Hawkins’ FOIA was filed nearly six months ago.

Hawkins seeks the court’s assistance to enforce his right to information concerning the city’s handling of grant money. According to the complaint, Hawkins requests that the court issue an immediate issuance of a writ of mandamus, which compels the defendants to immediately release the requested public information and to “order the production of any public records improperly withheld from the plaintiff.”

Hawkins also filed a motion to amend his complaint, saying the defendants cannot prove that they operated according to a tax increment finance (TIF) program because allegedly no minutes were taken, filed nor recorded with the City Clerk’s office since 2009.

Hawkins contends that about $40 million has been spent illegally without the proper authorization or record keeping, the motion states.

Likewise, he claims that if no meetings of the Joint Review Board occurred between 2009 and 2012, then a redevelopment plan could not have been legally approved, the motion states. Therefore, Hawkins requests the court to bar the City of East St. Louis from spending any TIF funds until the city has properly demonstrated the laws for one fiscal year.

The defendants filed a motion on Aug. 5 to dismiss Hawkins’ complaint stating that it failed to comply with Illinois Rules of Civil Procedure by failing to consecutively number the paragraphs and separate each paragraph into separate allegations. Hawkins responded by using the line numbering system in his response.

In Hawkins’ response to the motion to dismiss, he accuses the defendants of trying to drag out the case and allegedly delay justice.

“Looking at the defendant’s incomplete quotation of the section 2-603,” Hawkins stated, “it is clear that this motion to dismiss is written to deceive the court and the plaintiff for if they had only continued to part of the same section they would have clearly seen that this law also stated that ‘pleadings shall be liberally construed with a view to doing substantial justice.’”

Hawkins names The City of East St. Louis, Mayor Alvin Parks, City Councilman Roy Mosley, City Councilwoman Emeka Jackson, City Councilwoman Latoya Greenwood, City Councilman Robert Eastern III, City Clerk Dorene Hoosman and City Manager Deletra Hudson as defendants in the May 31 complaint.

Hawkins seeks treble damages for all monies found to be misappropriated by the defendants in regards to the Tax Increment Finance program from 2009 to 2012, which adds up to about $120 million. He says he plans to use the money to begin the process of abating taxes for property owners who have allegedly been defrauded by the defendants. He also requests the court to seek full prosecution of the defendants for misconduct and removal from office.

He also seeks a judgment of at least $100,000 in damages and wants the court to fine the defendant public bodies $5,000 each for violating the FOIA.

“Any funds granted by the court would be used to make East St. Louis government more transparent and user friendly,” Hawkins stated in his complaint.

St. Clair County Associate Judge Chris Kolker has scheduled a motion hearing for Nov. 22 at 1:30 p.m.

Hawkins is a plaintiff pro se.

Michael L. Wagner of Clayborne, Sabo & Wagner LLP in Belleville represents the defendants.

St. Clair County Circuit Court case number 13-MR-190

St. Clair County Circuit Judge Robert LeChien scheduled a mandatory status conference for Nov. 13 at 9:30 a.m. in a man’s case against the City of East St. Louis and one of its police officers alleging a criminal suspect stole a police car and caused several accidents.

According to the complaint filed on June 19, Johnnie L. Bosley Jr. claims he suffered a collapsed lung, multiple rib fractures, a lacerated spleen and a lacerated left ear after Ricky Raper stole East St. Louis police officer Rodell Andrews’ squad car and violently collided with Bosley’s vehicle.

The suit claims that around 8:30 a.m., Andrews arrived at the scene and parked his police car immediately behind a metro bus, where inside Raper was refusing to pay the proper fare. Andrews allegedly left the car running and the doors unlocked when he boarded the bus and approached Raper, who appeared to be under the influence of alcohol and/or other drugs, the suit states.

Raper began walking away from the bus after Andrews made him leave, but he then “approached and entered the unlocked and/or unsecured squad [car],” the suit states. Raper then allegedly put the squad car into drive and “violently collided into the vehicle being driven by plaintiff.”

The defendants previously filed a motion to dismiss last month along with a memorandum of law in support of the motion arguing that the Tort Immunity Act “provides immunity for public employees in the execution or enforcement of any law,” the motion states.

“The purpose of the Tort Immunity Act is to protect local public entities and public employees from liability arising from the operating of government,” the memorandum states.

More specifically, the Act states that officers cannot be held liable for injuries caused by an escaped or escaping prisoner or any injury caused by the failure to make an arrest or by releasing a person in custody.

The defendants state that law enforcements officials have a responsibility to protect the general public, not individual citizens; and that the act was not foreseeable as there was no way for Officer Andrews to know that Raper would enter the squad car, put it in gear, drive away and crash into the plaintiff.

“In the end, plaintiff is attempting to make defendants responsible for the acts of a fleeing criminal,” the motion states. “It violates sound principles of public policy to hold the defendants liable for the decisions and actions of criminals.”

Bosley blames Andrews for allowing the accident to occur, saying he failed to shut off the squad car’s engine, failed to remove the keys from the ignition, failed to render the squad car temporarily inoperable prior to exiting the car, failed to lock all of the squad car’s doors after exiting the squad car and failed to otherwise secure the doors.

Bosley also blames the City of East St. Louis for failing to properly instruct Andrews on precautionary measures that must be taken to maintain control of his squad car, failing to ensure that Andrew’s receive proper training and failing to properly supervise Andrews’ precautionary measures taken to ensure the safety of his police car.

Bosely is seeking a judgment of more than $250,000.

Bosely is represented by Michael J. Garavalia of Flynn, Guymon and Garavalia in Belleville.

The City of East St. Louis and Andrews are represented by Michael L. Wagner of Clayborne, Sabo & Wagner, LLP in Belleville.

St. Clair County Circuit Court case number 13-L-302

Niehoff

A woman claims she has been deprived of significant amounts of money she was supposed to receive upon her brother’s death when his wife took the money instead.

Bertha E. Boyer filed a lawsuit Oct. 1 in St. Clair County Circuit Court against Birdie E. Stockman.

In her complaint, Boyer alleges her brother, Henry G. Stockman Jr., owned shares of the Capital World Growth and Income Fund, the Washington Mutual Investors Fund and three separate Van Kampen Funds. Before his death, Henry Stockman had executed a transfer on death registration request for the funds, paving the way for Boyer to receive the money in the funds upon her brother’s death, according to the complaint.

In 2005, Henry Stockman was diagnosed with Alzheimer’s Disease and began to rely on Birdie Stockman to provide his care, the suit states. She began to handle his financial and business transactions, the complaint says.

At some point after Henry Stockman began to suffer from Alzheimer’s Disease, a lost certificate affidavit for the funds on which Boyer was named as death beneficiary was filed. Birdie Stockman was named as the new death beneficiary. In turn, Boyer claims she did not receive any money from the funds when her brother died. In fact, Boyer actually held the original certificates and still remains in possession of them, according to the complaint.

In her complaint, Boyer alleges breach of fiduciary duty, fraud, undue influence, tortious interference with expectancy of gift and conversion against Birdie Stockman.

She seeks a judgment finding that Birdie Stockman breached her fiduciary duty and that Boyer would have received the money upon her brother’s death had Birdie Stockman not done so. She is also seeking an award in the amount of the assets she originally would have received, plus punitive damages, attorneys’ fees and other relief the court deems just.

William J. Niehoff, Laura E. Schrick and Beth K. Flowers of Mathis, Marifian and Richter in Belleville will be representing her.

St. Clair County Circuit Court case number: 13-L-1651.

Haida

Murder suspect William Cosby won a new trial after trying to remove public defender Charles Baricevic from his case for failing to argue that the drug addiction of former St. Clair County judge Michael Cook corrupted his trial.

Cosby filed a pro se motion to withdraw Baricevic on Aug. 22, writing that his attorney “steadfastly refuses” to raise issues Cosby wanted to raise.

Cosby wrote that the issues concerned Cook’s “conduct, demeanor, impatience and obvious drug problem while presiding over this case.”

He wrote that he would raise more issues after receiving a transcript.

Cosby apparently didn’t know that his message had finally gotten through.

On Aug. 16, Baricevic had amended Cosby’s motion for a new trial to argue that Cook could not have conducted a fair trial.

Baricevic wrote that “criminal activity may have occurred during the course of trial.”

Circuit Judge William Haida denied Cosby’s motion to withdraw Baricevic on Aug. 27, and Baricevic represented Cosby at a hearing on Sept. 18.

Baricevic followed with a brief on Oct. 1, writing that the state was both an investigator of a sitting judge and a party to that judge’s bench.

“It defeats the purpose of a fair trial for one party to litigation to be privy to that information and not another, particularly when the unknowing party is the defendant to a first degree murder charge,” Baricevic wrote.

“The defendant cannot point to a specific instance when Judge Cook was on drugs. The defendant is neither an expert nor familiar with addicts.”

On Oct. 2, Haida ordered a new trial “in the interest of justice.”

He set a status conference on Oct. 30.

Jurors convicted Cosby in April.

Baricevic moved for a new trial on May 15, assigning various errors to Cook.

On May 22, federal agents arrested Cook on heroin possession charges.

Chief Judge John Baricevic, father of Charles, assigned Haida to hear new trial motions from Cosby and in the case of another murder suspect Gregory Muse.

Muse’s public defender, Erin Conner, originally sought a new trial on routine grounds but amended the motion to include Cook’s addiction.

Conner wrote that Cook slurred his speech while instructing the jury.

Haida plans to hear Muse’s motion also on Oct. 30.

Ed Sieron, who calls his businesses “technical owners” of homes in one suit, seeks a tenant’s fire insurance payout as true owner in another suit.

Sieron claims Metropolitan Casualty owes $63,473.79 to E&L, one of his companies, on a policy the insurer issued to Danisha Combs.

Her home, at 1529 N. 43^rd St. in East St. Louis, caught fire on Oct. 2 of last year.

Combs had paid the premiums, according to Belleville lawyer Stephen Clark, but an agreement for deed assigned any insurance payment to a debt she owed E&L.

Clark filed the suit in St. Clair County circuit court on Sept. 24, and Metropolitan Casualty removed it to U.S. District Court on Oct. 9.

The insurer invoked diversity jurisdiction because it organized in Rhode Island and Sieron, E&L’s sole member, lives in Florida.

Sieron’s assertion of absolute interest doesn’t match his posture in a class action against East St. Louis and trash hauler Waste Management.

In that case, Belleville lawyer Alvin Paulson argues that Sieron’s businesses qualify as families or households under debt collection law.

“Plaintiffs engage in selling residential lease-to-own homes whereby the plaintiffs retain title to the home and occupier pays rent until a set period of time passes where the renter will then have the option to buy the house using some of the rent already paid as a down payment of sorts,” Paulson wrote on Oct. 7.

Paulson claims the city improperly acts as debt collector for Waste Management.

In the complaint against Metropolitan Casualty, Clark wrote that Combs and E&L applied through a broker and received a policy for the intended benefit of E&L.

A fire totally destroyed the property and Combs mailed a loss statement to Metropolitan Casualty this Jan. 13, Clark wrote.

On April 24, agents of E&L participated in an examination under oath and surrendered documents evidencing its interest in the property, Clark wrote.

The lawsuit alleges that Metropolitan Casualty’s refusal to pay constitutes breach of contract.

Clark added a count of vexatious refusal under Illinois insurance code, seeking a civil penalty up to 60 percent of any judgment.

He also alleged negligence against insurance agent Tina Ledbetter of Smithton, writing that she had a fiduciary duty to exercise skill and diligence in the transaction.

Ledbetter is accused of failing to inform the insurer of E&L’s interest in the policy.

The state’s high risk fire insurance pool “FAIR Plan” excluded Sieron’s properties in 2002, due to high losses.

Hanover Fire and Casualty sued him in 2006, claiming he dodged the exclusion by obtaining policies in the names of tenants.

Hanover and Sieron settled the suit in 2007. 

McGilvery

Sean McGilvery of Belleville, heroin supplier to former judge Michael Cook, turned to the drug as a cheap alternative to prescription pain killers, his lawyer said after he pleaded guilty on Oct. 17.

Rodney Holmes of St. Louis told reporters outside of federal court, “People sell these pills on the street but it’s cheaper to get heroin.”

“OxyContin is just synthetic morphine,” he said. “This is what happens with drug addicts every day. It’s a sad path.”

Minutes earlier, District Judge Michael Reagan had accepted McGilvery’s plea that he conspired to distribute heroin.

In court papers, McGilvery stipulated that Cook was his regular customer who would “pick up amounts of heroin on an almost daily basis” from his residence in Belleville. 

Reagan told McGilvery his sentence could range from 10 years to life, and he set sentencing for Jan. 23.

Reagan said prosecutors recommend a sentence at the low end of the range.

Conspiracy members Deborah Perkins and Douglas Oliver of Fairview Heights previously pleaded guilty, and they await sentencing in December.

Drug agents arrested McGilvery and Cook on May 22, at McGilvery’s home.

In June, grand jurors indicted McGilvery on a conspiracy charge and Cook on a possession charge.

McGilvery pleaded not guilty, and Magistrate Judge Donald Wilkerson sent him to jail without bond.

Cook pleaded not guilty, and District Judge William Stiehl permitted him to leave the state for treatment.

On Oct. 10, Reagan posted notice that McGilvery would change his plea on Oct. 17.

McGilvery entered Reagan’s court wearing handcuffs and an orange jumpsuit with “White County Jail” on the back.

Reagan asked if his signature appeared on a plea agreement. McGilvery said yes.

“I was not a party to this agreement so I am not bound by it,” Reagan said. “Do you understand?” McGilvery responded yes.

Reagan asked if he believed Holmes had been ineffective. McGilvery said no.

Reagan left the bench and huddled in a corner with McGilvery, Holmes, prosecutor James Porter, two marshals, a court reporter and a courtroom deputy.

In a scene like prayer, Reagan spoke softly while the other seven bowed their heads.

Reagan returned to the bench and accepted the plea.

As marshals guided McGilvery out a side door, he nodded at three women.

As the door closed, one of them dabbed her eyes.

Outside, Holmes told reporters McGilvery originally pleaded not guilty because he had not seen the government’s evidence.

Holmes said that after numerous meetings, McGilvery decided it was in his best interest to plead guilty.

He said that if McGilvery had gone to trial, he would have faced a harsher sentence.

Holmes said marshals moved McGilvery from St. Clair County jail to WhiteCounty about two weeks ago for dental work. McGilvery would have faced a root canal procedure two days after his arrest, he said.

He said temporary putty had begun to dissolve in McGilvery’s mouth.

September 30, 2013

Belleville

• $48,150- 3315 S. Belt West- Jack E. Chor to PK Properties and Management LLC
• $114,000- 113 Shiloh Ridge Drive- Jamie R. Martens and Brandon Perry to Mahmoud Bedwan
• $14,250- 701 East McKinley Street- Federal National Mortgage Association to EH Pooled Investments LP
• $161,500- 1508 Bountiful Lane- Deane A. Mazur and Stephanie Mazur to Kyle D. Stone and Abby L. Stone
• $325,000- 2825 Titleist Drive- Suntrust Mortgage INC. to Ronald D. and Pamela D. Stafford
• $220,000- 2420 Heather Hill Court- Scott A. Murphy and Lisa S. Murphy to Daryl Ford and Lisa Ford

Dupo

• $112,000- 105  N 6^th St- Federal National Mortgage Association to Stephen M. Scott and Brittany C. Krebel

East St. Louis

• $750- 1809 Ohio Ave.- City of East St. Louis to Leanna Peoples

Fairview Heights

• $86,000- 5417 Bonita Blvd.- Samuel E. Wille and Donna L. Wille to Cortney R. Secrest

Fayetteville

• $68,900- 2106 S 3^rd Street- Gregory J. Marler to Richard P. Kuklinski

Lenzburg

• $130,975- 10433 New Athens Darmstadt Road- Denis R. Juenger and Tina M. Juenger to Dale C. Chinn and Debra L. Chinn

Marissa

• $60,000- 113 Powers Drive- Pamela J. Goodson to K. Bryan Bingel and Laurie A. Bingel

O’Fallon

• $235,000- 1505 Cedar Ridge Drive- David M. Dito and Diane E. Dito to Kenneth R. Picha and Jo Catherine Picha
• $168,900- 6604 Arriva Drive- Osborn Homes to Howard Dietrich and Shannan Dietrich
• $296,159- 709 Merrifields Dr.- H & L Builders LLC to Thomas J. Majka Jr. and Krista D. Brown
• $233,500- 1210 Hamlin Court- Christine A. Brewer to Richard Hampton and Susan Hampton

Shiloh

• $229,000- 314 Berwick Crossing- CNR INC. to James King Sr. and Pamela King
• $184,700- 113 Eagles Landing Drive- Robert A. Cimorelli and Karen S. Cimorelli to RAC Closing Services LLC
• $189,000- 3586 Sky Hawk Drive- Martin and Elizabeth Bethel to Brandon and Pilar Woodland
• $255,000- 2628 Katrine Lake Drive- Paul J. Myrick and Mildred E. Myrick to R&W Builders INC.

Smithton

• $68,580- 5124 Douglas Road- Foley Park Farms INC. to Foley Park Farms of Illinois LLC

October 1, 2013

Belleville

• $118,500- 133 Rio Verde Drive- Ryan K. Schmittling to Jason C. Vanselow
• $32,000- 718 Clay Street- Thomas C. Richter and Toni L. Richter to Michael J. Smart
• $29,500- 1715 E. Belle Ave.- Federal National Mortgage Association to Jeddediah D. Wilson
• $85,900- 933 North First Street- Michael Peterman and Dianne Peterman to Joshua D. Freeman
• $19,050- 26 Jennine Drive- Secretary of Housing and Urban Development to Douglas Scott Jameson
• $70,000- 3405 West A Street- Nicholaos M. Kourinos and Jane A. Kourinos to Alexander J. Smith
• $128,000- 50 Dianne Drive- Carol S. Bell to David Abernathy
• $39,000- 4725 Ruth Street- Federal National Mortgage Association to Tanya Kinney
• $42,000- 18 Flamingo Drive- Estate of Frances Gajewski to Robert R. Gaebel and Nancy J. Gaebel
• $89,900- 332 Todd Lane- Jerome and Margaret Fahsl to Victor A. Williams
• $95,000- 624 Atlanta Drive- Centrue Bank to Advantage Self-Storage Belleville-Marco Investment Group LLC
• $82,000- 205 South 14^th Street- Walter A. Ernst and Viola M. Ernst to Mable J. Haynes
• $214,900- 9 Seven Iron Court- Paul J. Zollner and Geraldine L. Zollner to Donnie R. Gross and Jean Michele Gross
• $250,000- 16 Forestview Court- Lee R. Wilson Jr. and Judith Trentman Wilson to Jay W. Prindable and Andrea H. Prindable

Cahokia

• $10,360- 1822 Mullins- Alicia Besse to Cheryl Morris
• $87,000- 514 St. Barbara Lane, 911 St. William Drive, 18 Edgar Street- R&R Investment Properties LLC to Robinson Realty LLC

Caseyville

• $3,000- 1749 Cherokee Street- Charles Hampton and Sharon Hampton to Alfonso Gutierrez
• $3,000- 1747 Cherokee Street- Charles Hampton and Sharon Hampton to Alfonso Gutierrez and Evangelina Gonzalez
• $3,000- 1739 Cherokee- Chuck Hampton and Sharon Hampton to Alfonso Gutierrez
• $3,000- 1737 Cherokee Street- Chuck and Sharon Hampton to Fausta Rodriguez
• $3,000- 1762 Cherokee- Tara Compton and Sharon Hampton to Evangelina Gonzalez Gutierrez and Alfonso Gutierrez
• $3,000- 1760 Cherokee- Charles Hampton to Alfonso Gutierrez
• $5,000- 8630 Old Bunkum Road- Charles Padgett to Graciela Aviles and Alejandra Monreal

Collinsville

• $3,000- 2714 Black Lane- Charles and Sharon Hampton to Alfonso Gutierrez and Jacinto Gonzalez

Dupo

• $86,250- 417 Audry Drive- Jack M. Chandler to Teresa L. Langley
• $30,000- 1109 Falling Springs Drive- Robert Poe to Fuller Properties LLC

East Carondelet

• $30,000- 207 Elizabeth Avenue- Matthew Branson, Dennis Branson and Linda Branson to Stephen Kowerko

East St. Louis

• $1,000- 506 N 29^th Street- Velletta Howse and Marilyn P. Brown to Ramonda Fleming
• $20,000- 504 N 29^th Street- Velletta Howse and Marilyn P. Brown to Patricia A. Hagerman
• $2,700,000- 2419 State Street- Samich INC. to Petro Properties LLC
• $1,100,000- 346-348 Collinsville Avenue- Midwest Fuel Center INC. to Petro Properties LLC

Fairview Heights

• $99,900- 327 Frey Lane- Terry L. Dew to Brett Knolhoff
• $165,000- 729 Willow Springs Hill- Sec. of Housing and Urban Dev. to John Klomps
• $212,900- 907 Columbia Avenue- Bruce A. Schaffer and Julie K. Schaffer to Robert T. Allen and Brian J. Evans
• $184,900- 740 Terra Springs Way Drive- Michael L. Pope and Terri A. Pope to Tricia Tierney
• $191,000- 5195 De Paul Drive- Loren Hodge and Vicki Hodge to Terry Dew and Daniel Eiseman

Freeburg

• $149,000- 517 N Edison St- Jerry Trent and Kristy Trent to Melvin Beisiegel and Gloria Beiseigel

Lebanon

• $155,700- 10920 Sylvan Vista Drive- Douglas A. Evans and Jasolyn B. Evans to Nathan P. Fohne

Mascoutah

• $167,500- 1203 West Harnett- Robert J. Hale and Susan D. Hale to Daniel M. Beck and Ronda A. Beck

Millstadt

• $22,500- 401 E. Laurel St.- Estate of Shirley D. Willmont to Gary Roberts and Sharon Roberts
• $168,000- 3305 Village Green Court- Joseph M. Wagner to Matthew P. Tyson and Emily K. Tyson

New Athens

• $568,563- Kaiser Rd.- Richard S. Kaiser and Dorothy M. Kohler to John L. Kaiser and Vickie L. Kaiser
• $158,289- 9115 Range Drive- Derek Phillips and Kelley Phillips to David Rausch and Michelle Rausch

O’Fallon

• $260,305- 1209 Gregerson Court- Federal National Mortgage Association to Alonzo Nelson and Dawn Harper
• $83,500- 305 Howard Drive- Zachary Yoder to David and Charity Braden
• $96,500- 505 S. Smiley Street- Federal Home Loan Mortgage Corporation to Paul Schroth and Connie Schroth
• $120,000- 0 Hartman Lane- Fontabella NFP to Stauder Group LLC
• $82,000- 405 Willow Drive- Rita D. Ferreri to Michael A. Terry
• $168,900- 817 Pacific Crossing Drive- Osborn Homes INC. to James M. Feucht and Bethany A. Jenkins
• $298,000- 609 Tennyson Court- Huntington Chase Homes Corporation to Janice D. Shirley
• $48,000- 1318 Arbor Green Trail- The Parcs at Arbon Glen LLC to Huntington Chase Homes Corporation
• $252,989- 1409 Victoria Square Court- Kappert Construction Co. INC. to Patricia A. Sherbert

Shiloh

• $195,000- 307 Berwick Crossing- TTW LLC to Harrison K. Eaton and Carolyn S. Eaton

Smithton

• $150,000- 310 North Lincoln Street- Charles and Jennifer Klein to Mark Wagner
• $292,500- 5259 Shingle Oak Lane- Adam A. Karr and Julie A. Karr to Eveline Sicka and Anni Sicka
• $235,695- 5533 South Woods Manor Drive- D & F Contracting INC. to Michael A. Knop and Megan K. Knop
• $35,000- 4041 Autumn Oak Drive- D & F Contracting INC. to Thomas Nollau and Lesa Nollau

Waterloo

• $162,450- 2824 Ranch Trail Rd.- Alan L. Helfer Sr. and Heather M. Helfer to Ronald J. Ausman Jr.

October 2, 2013

Belleville

• $100- 329 Susann Court- Protestant Memorial Medical Center INC. to West End Redevelopment Corporation
• $164,900- 225 Southwind Drive- Steven A. Schwab and Connie Y. Schwab to Gary Wary Goldacker and Carolyn A. Goldacker
• $115,000- 7400 Claymont Court Unit 1- Steven Voyles to Revocable Trust of Jeanette Trover
• $192,054- 2336 Slammer Drive- McBride & Son Residential Illinois to Andrey Barshay and Nedezda Barshay
• $205,000- 23 South First Street- Jack Carby to KKB Properties LLC
• $45,000- 923 Moreland Drive- The Secretary of Veterans Affairs to Floyd L. Turnage
• $50,500- 1207 Third Avenue- Donald L. Vandyke and Linda S. Vandyke to Wilbur R. Franke and Leona J. Franke
• $107,500- 248 Oliver Lee Drive- Norma Jean Harper to Amanda J. Votrian

Caseyville

• $7,000- 2871 North 89^th Street- Pina Kshirsagar, Hemant Kshirsagar, Kiran C. Patel, Hemlata Patel, Rajushai N. Shakta, and Jayshreeben Shakta to Sheet Metal Workers International Association Local Union 268
• $259,343- 152 Forest Oaks Drive- McBride & Son Residential to Scott T. and Amanda M. Eversgerd

East St. Louis

• $11,957- 174 North 80^th- Scott Sieron to Olivia Dunn

Fairview Heights

• $120,000- 8 Patricia Drive- Antoinette Luszowski to Dean Folkerts and Peggy Folkerts

Marissa

• $130,000- 1 Erb Court- Delores Lehman to James G. Perrine and Lindsay M. Perrine

Mascoutah

• $53,000- 611 W Church Street- Stacey A. Schaeffer to Wesley D. Juenger

Millstadt

• $35,000- 7319 My Lakeview Drive- Lawrence Tod to Christopher Pfeil and Wendy Pfeil
• $215,000- 2631 Paradise Lane- Darlene E. Schwab, Steven A. Schwab, and Craig A. Schwab to Steven A. Schwab and Connie Y. Schwab
• $220,000- 24 Liederkranz Lane- Erwin Betz 1994 Declaration of Trust to Lorraine A. Westerheide

New Athens

• $95,000- 1007 Spotsylvania Street- David J. Zipfel and Kari N. Zipfel to Charles Klein Jr.

O’Fallon

• $60,000- 1009 W. Nixon- Dearold D. Merriman and Marlene E. Merriman to Steven T. Ogden
• $185,000- 1508 Keck Ridge Drive- Nicholas M. Correnti and Jennifer M. Kirchner to Paul T. Lee and Larine Suet Wing Mui

Shiloh

• $155,000- 3561 Harbor Way- Jerry D. and Claudia Smith to Sean Toolen
• $272,300- 2603 London Lane- Wendy Hendley to Jacob Lukens and Jeri Lukens

Swansea

• $150,000- 160 Pine Dale Dr.- William Raetz to Paul Zollner and Geraldine Zollner
• $332,500- 1860/62 Carrington Way- Dallas Interiors INC. to MOIS LLC

October 3, 2013

Belleville

• $16,800- 611 West Adams Street- Donna Stough to Brian Keith Brown and Melissa Nicle Brown
• $97,463- 5619 North Belt West- Intercounty Judicial Sales to Secretary of HUD
• $64,335- 1937 Celebration Park Circle- Intercounty Judicial Sales to Secretary of Veterans Affairs
• $5,000- 308 North 5^th Street- Robin J. Guetterman to Emmit D. Edwards
• $82,500- 226 Kansas Avenue- Alan P. Shelley and Jorie B. Shelley to Tro’jon Smith
• $44,065- 197 Huntleigh Drive- Intercounty Judicial Sales to Secretary of Veterans Affairs

Fairview Heights

• $190,000- 935 Clemson Ave.- Daniel W. Flaschar and Erin M. Flaschar to Alan P. Shelley and Jorie B. Shelley

Mascoutah

• $4,974,547- 9730 Hayden Drive- H & H Motel LLC to B.W. Motels LLC

New Athens

• $5,000- Clinton Street- Richard Bell to Codi R. Deffenbaugh

October 4, 2013

Belleville

• $90,000- 637 North 38^th Street- Keith D. Eccles to Groves Investments Co.
• $75,000- 1448 Vicksburg Drive- Deutsche Bank to Willie Pirtle and Gwendolyn F. Pirtle

Cahokia

• $46,000- 261 St. John Drive, 222 St. John Drive- Wayne Dixon and Tanya Dixon to Robinson Realty LLC
• $5,000- 1 Marilyn Lane- Charlotte Green to John R. Francis

Caseyville

• $26,500- 2 North Oakland Drive- Fannie Mae to Vicki Jackson
• $220,000- 1213 Pisa Dr.- Jason M. Anderson and Anna M. Anderson to Scott L. Waeltz and Cecilia M. Waeltz

Columbia

• $60,000- 848 Autumn Rise Lane- F & F Land Company LLC to Daniel J. Sternau

East St. Louis

• $240,000- 4201 Cookson Rd., 2776 N. 44^th St., 4023 Maple Ave.- Margarita G. Abilez to Eric L. Stewart and Ashley C. Stewart

Freeburg

• $160,000- 529 N. Edison Street- Hawkins Development Company LLC to Shirley E. Steinbeck

O’Fallon

• $45,000- 402 Westminister- Heirs and Legatees of Maureen E. Wilson to O’Fallon Professional Building INC.
• $248,000- 433 Wiegerstown Drive- Stephen G. Bailey and Theresa A. Bailey to Nicholas Sinnott

Summerfield

• $65,000- 300 W. Wakefield- Ralph J. Shinevar Jr. and Alice A. Shinevar to Lynwood E. Dillman

Washington Park

• $6,500- 1444 N. 46^th Street- E & W Gateways INC. to Bank of America

October 7, 2013

Belleville

• $27,973- 3812 S. Park Drive- Deutsche Bank National Trust Company to Bank of America
• $89,000- 210 South McKinley Drive- The Likes Family Trust to Eric S. Tinsley
• $72,000- 21 Newman Dr.- Vilray F. Fulton Jr. and Ruth A. Fulton to Matthew T. Steele and Michelle L. Voegtle
• $65,000- 609 S. Jackson Street- Christopher A. Dunker to Gregg L. Crawford
• $247,000- 1617 Colfax Court- Heartland Home Builders INC. to Dusty Kallal and Alicia Kallal
• $58,500- 6312 Town Hall Road- Lydia Hudson and Constance Solomon to James Jacob Jr.

Cahokia

• $22,000- 519 St. Barbara Lane- Mary F. Unland, Michelle M. Frisch, David W. Unland, and Cynthia A. Unland to Terry S. Rutledge and Linda M. Rutledge
• $116,000- 103 Dorcas Drive, 1406 Williams Street, 714 St. Paul Drive, 714 St. Martin Drive- R & R Investment Properties LLC to CR Investments LLC
• $32,500- 261 St. John Drive- Robinson Realty LLC to Main Street Real Estate Holdings LLC
• $32,500- 222 St. John Drive- Robinson Realty LLC to Main Street Real Estate Holdings LLC

Caseyville

• $85,006- 407 W Lincoln- The Bank of New York Mellon to Steve Rawdon

Centreville

• $19,000- 4232 Market Avenue- U.S. Bank to Paul Porter Jr. and Alice V. Porter

East St. Louis

• $29,500- 6338 Church Road- Robinson Realty LLC to Main Street Real Estate Holdings LLC

Freeburg

• $293,500- 4700 Muellers Lane- Morris M. Coate and Mary J. Coate to Harvey L. Mirty Revocable Living Trust

Marissa

• $38,000- 707 S. Grace Street- Adam R. McBride to Shirley J. Witthoft

Mascoutah

• $41,000- 24 East South Street- David H. Sauerhage to Kathleen Popovich
• $53,000- 1115 and 1116 Lear Lane- Straqr Properties LLC to New Tradition Homes LLC
• $31,000- 116 West Oak Street- Starla Shaver to Mark Laquet and Linda Laquet

O’Fallon

• $277,100- 1055 Chapel Hill Drive, #24B- Stone Bridge Villas LLC to Frutiger Living Trust
• $285,825- 540 Frost Court- Huntington Chase Homes Corporation to Patricia G. Crabtree

Smithton

• $42,000- Knab Road- Randall L. Donovan and Susan L. Donovan to David C. Pierpoint Family Revocable Trust

Swansea

• $104,398- 1400 Kinselia Ave- Ronnie L. Martindale Surviving Joint Tenant of Sharon M. Martindale to Springleaf Financial Services of Illinois INC.

October 8, 2013

Belleville

• $80,000- 66 Arabelle Drive- Murphy Shalabi to Charles R. Stancil
• $80,000- 428 South 14^th Street- Samantha Schaefer to Richard and Dana Schaefer

Cahokia

• $25,640- 713 Falling Springs Rd- Amber Graves to Tina M. and Lawrence R. Willis

East Carondelet

• $79,994- 2006 State Street- Intercounty Judicial Sales to Secretary of HUD

Lenzburg

• $1,273,950- Schmoll Road- D. Windham D. Brockmeier to K Fifteen LLC

Mascoutah

• $13,500- 134 St. Christopher Court- St. Christopher Villas LLC to JLP Construction Co.
• $234,000- 1120 Linden Place- Richard Butler and Jill Butler to Mary Price
• $255,145- 9632 Weatherby Street- Kappert Construction Co. INC. to Kelly Shemwell

Millstadt

• $105,000- 613 S. Lafayette Street- Trudy Famula to Robert Dale Hines and Catherin R. Rapp Hines

O’Fallon

• $62,000- 402 and 404 Vancroft Place- Scott/Troy Developers LLC to Barnes Properties INC.

Swansea

• $336,973- 1424 Olroyd Drive- Fulford Construction INC. to Daniel R. Nelson and Christine R. Nelson

October 9, 2013

Belleville

• $1,350- 405 North Illinois Street- Paul Fuehne to IDOT
• $70,000- 5 Saint George Drive- David Lorig and Brooke Z. Lorig to Russel J. Selph and Cheryl J. Selph
• $214,946- 5 High Forest Drive- The Private Sales Corporation to The Secretary of Housing and Urban Development
• $62,500- 928 Werner Road- Barbara Ann Carrico to Megan L. Anderson and Todd C. Anderson

Collinsville

• $120,000- 12 Davis Place- Dennis E. Craft and Jean M. Craft to Jeffrey R. Daugherty

East St. Louis

• $16,670- 429-439 North 8^th Street- Ronald McCloud to Christian Activity Center
• $1,400- N 65^th St- Michelle A. Dueker and Brend L. Huskey to St. Louis U-Pic-A-Part LLC

Smithton

• $145,000- 215 Jo Mar Avenue- L. Kevin Vick to Louis Phillip Canman and Cindy Canman

October 10, 2013

Belleville

• $116,000- 300 Sandra Drive- Steven Keel and Cynthia Keel to Steve E. O’Neil
• $41,800- 7014 W. A St- Federal National Mortgage Corporation to Bradford and Mary Kamenee
• $147,000- 130 Dianne Drive- Robert G. Yankey and Sybl A. Yankey to Michael Lee Gray Jr. and Dana A. Gray
• $22,000- 3515 Marion Street- Davvid Schobert and Joann Hettenhausen to Evan Mauldin and Virginia Mauldin

Cahokia

• $36,500- 911 St. William- Robinson Realty LLC to Screaming Eagle Properties LLC
• $34,500- 18 Edgar St.- Robinson Realty LLC to Screaming Eagle Properties LLC
• $40,000- 514 St. Barbara- Robinson Realty LLC to Screaming Eagle Properties LLC
• $58,000- 40 W. Adams Drive, 307 Isabell Street- R & R Investment Properties LLC to CRinvestments LLC
• $31,500- 307 Isabell St.- CRinvesments to Main Street Real Estate Holdings LLC
• $37,500- 40 W. Adams Drive- CRinvestments LLC to Main Street Real Estate Holdings LLC

Dupo

• $70,000- 404 Miranda Drive- The Secretary of Veterans Affairs to Gerald Luter Jr.

East St. Louis

• $47,350- 313 Green St.- Screaming Eagle Properties LLC to Horizon Trust Company
• $28,000- 943 N. 84^th St.- CRinvestments LLC to Main Street Real Estate Holdings LLC

O’Fallon

• $10,000- 915 Blackhills Drive- Sandra K. Cifuentes to Pamela Ann Ponder
• $161,250- 909 Meadowlark Drive- James A. Awerkamp and Karen M. Awerkamp to Travis A. Miller and Tara L. Miller
• $215,500- 881 Allenbrook Ave- H & L Builders LLC to John P. Schroeder and Misty A. Schroeder
• $198,000- 7064 Milburn Estates Drive- Jace R. Staponski and Jordan E. Staponski to Kelly J. Luzum and Latash S. Luzum

Washington Park

• $12,500- 1831 No. 61^st St.- Vollmer Realty INC. to William Gooch

October 11, 2013

Belleville

• $114,900- 49 Lakeview Drive- Lisa Kerhart to Christopher R. Kraft
• $260,000- 2926 Fourteenth Fairway Dr.- Jerry W. Rodgers and Patricia A. Rodgers to Jason B. Ham and Rachel L. Bailor
• $117,258- 125 North Deleware Avenue- Intercounty Judicial Sales to Secretary of HUD
• $35,000- 2711 London Lane- TTW LLC to C.P.R. Properties LLC
• $37,000- 2686 London Lane- TTW LLC to C.P.R. Properties LLC
• $7,138- Part of 100 N. 15^th Street- Karen Heathey to Donna J. Munro and Oddlore Munro

Cahokia

• $18,900- 1826 Harvest Avenue- Prairie State Properties LLC to James P. Clark
• $20,000- 1832 Mullens- Tamishia Lewis and Michael Suggs to Thomas Lemons Jr.
• $46,000- 217 St. John Drive- Wayne Dixon and Tanya Dixon to CRinvestments LLC
• $3,350- 310 Plum Street- James R. Rogers to Rachell V. Weber
• $32,500- 217 St. John Drive- CRinvestments LLC to Main Street Real Estate Holdings LLC

East St. Louis

• $9,300- 3300 Trendley Ave.- Prairie State Real Estate Holdings LLC to Bey Miller

Fairview Heights

• $142,000- 861 Harbor Woods Drive- McBride & Son Residential Illinois LLC to Robert Sperry

Freeburg

• $100,000- 307 East Mill Street- John and Rosemary Mense Revocable Trust to Bryce Davis and Kate Sodam

O’Fallon

• $259,271- 905 Sturbridge Trail- McBride Stone Briar LLC to Mark A. Lorenzo Jr. and Katy J. Lorenzo
• $190,000- 708 White Oak Drive- Sade Investments LLC to Bradshaw Property Group LLC

Shiloh

• $204,500- 133 Montrose Court- McBride Eagles Landing LLC to Brian M. and Christine M. Bushong

October 3, 2013

• Nationstar Mortgage V. Arlender Morris, $115,260.39, 711 Southgate Drive, Belleville. 13-CH-853

October 4, 2013

• U.S. Bank V. Jay Vasallo, $346,858.78, $20,501.81, 33 Royal Heights Center, Belleville. 13-CH-854
• U.S. Bank V. Elliot R. Dozier, Shauna Kay Dozier, $139,177.47, 850 Fort Henry Road, Belleville. 13-CH-855
• Wells Fargo Bank V. Marlon Crawford, Chantel Crawford, $142,135.72, 1349 Terrace Green Lane, O’Fallon. 13-CH-856
• Wells Fargo Bank V. Gregory M. Mueller, Natisha Mueller, $52,012.56, 612 Pinckneyville Road, Marissa. 13-CH-857
• Branch Banking and Trust Company V. Waverly A. Pierce Jr., Rhonda Pierce, $235,155.71, 876 Fox Grove Drive, Fairview Heights. 13-CH-858
• Matthew J. Marlen V. Jeffrey A. Holland, Heather Holland, $1,965,450.62, 620 Pierce Blvd., O’Fallon. 13-CH-859
• Nationstar Mortgage V. Clayton Haluch, Michelle Haluch, $80,156.02, 353 Brookside Drive, Caseyville. 13-CH-860

October 7, 2013

• Wells Fargo Bank V. Antoinette Williams, $148,839.83, 5437 Duke Drive, Fairview Heights. 13-CH-862
• OneWest Bank V. Kendall L. Granger, $74,416.40, 514 N. 18^th Street, East St. Louis. 13-CH-863
• PHH Mortgage Corporation V. Wayne K. Haas, Carolyn A. Haas, $91,791.43, 5201 State Route 4, Mascoutah. 13-CH-864

October 8, 2013

• U.S. Bank V. Brock Hunt, Roxann L. Halsey, $22,338.16, 871 Saint Cletus Drive, Cahokia. 13-CH-865
• Nationstar Mortgage V. Charles Perkins, Dara Perkins, $65,655.97, 1116 Saint Benedict Drive, Cahokia. 13-CH-866

October 9, 2013

• Wells Fargo Bank V. Brandi L. Baber, Robert M. Baber, $129,099.73, 509 Fontainebleau, O’Fallon. 13-CH-869
• JPMorgan Chase Bank V. Charles R. Beckwith, Adrianne C. Beckwith, $124,922.27, 3527 Sheridan Avenue, Belleville. 13-CH-870
• U.S. Bank V. Robert J. Muller, $24,337.11, 507 E. Washington Street, O’Fallon. 13-CH-871
• Regions Bank V. The Joseph M. Key Trust, Jimmy K. Fey, $48,799.34, 2011 Centreville Avenue, Belleville. 13-CH-872

October 11, 2013

• U.S. Bank V. Scot Robert Saenz, $101,594.56, 1725 West Boulevard, Belleville. 13-CH-874
• Wells Fargo Bank V. Jamie D. Barnett, Danielle J. Dorlac-Barnett, $70,066.75, 610 Florence Avenue, Dupo. 13-CH-875
• National Home Investors V. Kenulatisha White, $66,781.27, 2446 Gaty Avenue, East St. Louis. 13-CH-876
• U.S. Bank V. Lee Roy McCoy JR., Paul J. Evans, $41,699.40, 5 Mars Drive, Belleville. 13-CH-877
• U.S. Bank V. Twana R. Beane, $106,536.08, 204 Dogwood Lane, Fairview Heights. 13-CH-878

DeFranco

O’Fallon Wal-Mart has removed to federal court a pregnant woman’s case alleging she slipped and fell on a wet floor, fracturing her hip.

Wal-Mart Stores filed the notice Sept. 27 through attorneys James E. DeFranco and Darrell J. Flesner of DeFranco & Bradley PC in Fairview Heights. They requested to move the case to the U.S. District Court for the Southern District of Illinois in East St. Louis on terms of venue, diversity of citizenship, amount in controversy and timeliness.

DeFranco and Flesner claim the plaintiff is a citizen of the state of Illinois and Wal-Mart is a citizen of Delaware and Arkansas, which satisfies the diversity of citizenship requirements.

The defendant also alleges the amount in controversy exceeds $75,000.

According to the complaint filed Aug. 22, Wright claims she was shopping at the O’Fallon Wal-Mart in August 2011 when she walked past a cold beverage machine to a check out lane. The beverage machine allegedly had been leaking and left a slippery liquid on the floor, causing Wright, who was eight months pregnant at the time, to slip on the substance and do “the splits,” the suit states.

As a result of the fall, Wright allegedly tore her labrum, broke her hip and tore muscles. Wright says she was in pain from the injuries for the remainder of her pregnancy.

The plaintiff blames the store of negligence for allowing the beverage machine to leak without cleaning up the mess or warning customers of its dangers.

Wright seeks a judgment of more than $50,000.

Robert LeChien scheduled a mandatory status conference for Nov. 11 at 9:30 a.m.

Attorney Michael L. McGlynn of Belleville represents Wright.

St. Clair County Circuit Court Case No. 13-L-434

Meehan

A Belleville attorney accused of mishandling a client’s workers’ compensation claim is denying allegations and demanding a jury trial.

According to the complaint filed on Aug 16, Barbara Boda claims she worked for Broadspire, an insurance company, in October 2009 when she got into a car crash on the job. She alleges she had to undergo surgery to fuse lumbar discs in her back due to her injuries.

Then, in July 2010 Boda claims she hired defendant Jason R. Caraway and the Kolker Law Offices to represent her in an Illinois Workers’ Compensation claim, the suit states.

Boda claims Caraway prepared a settlement contract in August 2011 and advised her to take 36 percent of her original claim. However, Caraway allegedly failed to recognize that agreeing to the settlement without including an addendum to amortize the Social Security disability benefits Boda was already receiving would eliminate those benefits. She also alleges Caraway settled the claim for an insufficient level of disability and failed to consider a wage differential that would have resulted in a higher settlement.

The defendants filed an answer to the complaint on Sept. 13 through attorneys Mark D. Bauman and Adam B. Rucker of Hinshaw & Culbertson LLP in Belleville.

The defendants admitted that they made a settlement offer of 36 percent to the plaintiffs and submitted Settlement Contracts for approval to the Illinois Industrial Comission . They deny all other allegations against them.

They also argue that the plaintiff alleges she was an employee of Broadspire, but that they do not have true knowledge of the facts and demand strict proof.

The defendants filed a motion for a substitution of judge on Sept. 26. The case was originally assigned to St. Clair County Circuit Judge Robert LeChien. It has not yet been reassigned.

LeChien scheduled a mandatory status conference for Nov. 12 at 9:30 a.m.

Boda seeks a judgment of more than $100,000.

Boda is represented by attorney William K. Meehan of University City, Mo.

St. Clair County Circuit Court Case No.13-L-430

Dickerson

A pharmaceutical company blamed for developing a diet pill which allegedly caused a woman’s stroke filed a motion to dismiss.

According to the complaint filed July 26 in St. Clair County, Catherine Bauer claims she visited defendant Supplement Superstore in Shiloh in July 2011 to buy weight-loss pills she had taken previously with no problems.

While at the store, she claims defendant Jordan Pea, manager of the store, suggested Bauer try 1-Db Goddess and Thyro-Drive, which is manufactured by defendant 1^st Phorm International. Pea allegedly told the plaintiff that the supplements were the “best weight-loss pills on the market” when taken together.

However, Pea allegedly failed to discuss safety, warn of potential side effects or tell Bauer how to take the supplements. She claims she left with a free sample of the pills Pea had given her in a clear plastic bag and was allegedly instructed to take them with water and a meal.

Bauer claims she took the pills the following day with food and water. But the next morning, she woke up “with extreme weakness on the left side of her body and slurred speech,” the suit states. Her condition was later diagnosed as a stroke.

Bauer is described in the complaint as a 36-year-old woman who is “generally healthy with no history of stroke or cardiovascular problems.”

Defendant 1^st Phorm International filed a motion to dismiss through attorneys Robert J. Bassett and Jennifer L. Dickerson of Williams, Venker & Sanders LLC in St. Louis, claiming the plaintiff fails to state a cause of action, fails to separate counts for recovery and fails to give sufficient facts.

1^st Phorm states that it is impossible to determine which allegations are against it or even if the plaintiff has stated a claim because the complaint blames the defendants as a group rather than establish controversy against them individually.

According to the motion, the plaintiff must allege a sale of goods, by a merchant of those goods and the goods were not of merchantable quality in order to plead a cause of action premised upon breach of implied warranty.

1^st Phorm further argues that the plaintiff fails to allege that she purchased the products and cannot prove a sale of goods.

The plaintiff also allegedly failed to state a cause of action under the Illinois Consumer Fraud and Deceptive Practices Act, which requires “a deceptive act or practice by the defendant, the defendant’s intent that the plaintiff rely on the deception, the occurrence of the deception in the course of conduct involving trade or commerce and actual damage to the plaintiff proximately caused by the deception.”

Buff Enterprises LLC is also named a defendant.

Bauer blames the manufacturers of the two diet drugs, the health store and its manager for her condition. She is suing on counts of strict products liability, breach of implied warranty, negligence, breach of express warrant, misrepresentation by omission, fraud and misrepresentation along with a violation of the Illinois Consumer Fraud Act.

Bauer seeks a judgment of more than $300,000.

Michael Gras, Christopher Cueto and Lloyd M. Cueto of Belleville represent the plaintiff.

St. Clair County Circuit Court case number 13-L-390