CapitalSource Bank v. Walcott Enterprises Inc et al

Plaintiff: CapitalSource Bank
Defendant: Benny Magness, Walcott Enterprises Inc, Jones Travel Mart Inc, Northchase Development Inc, Timothy J Leathers, DMC & JRM LLC, David Cook, Jackie McClure, PepsiAmericas Inc and Janie Magness
Case Number: 3:2010cv00325
Filed: December 21, 2010
Court: Arkansas Eastern District Court
Office: Jonesboro Office
County: Out of State
Presiding Judge: James M. Moody
Nature of Suit: Foreclosure
Cause of Action: 28:1345
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
August 29, 2012 47 Opinion or Order of the Court ORDER, pursuant to 33 Judgment, that the court finds this case should be closed. The Clerk of the Court is directed to close the case. Signed by Judge James M. Moody on 08/29/2012. (jak)
February 9, 2012 45 Opinion or Order of the Court ORDER APPROVING COMMISSIONER'S DEED, with copy of Commissioner's Deed attached. Signed by Judge James M. Moody on 2/9/2012. (jct)
September 15, 2011 33 Opinion or Order of the Court JUDGMENT AND DECREE OF FORECLOSURE granting 28 MOTION for Summary Judgment filed by CapitalSource Bank. IT IS, THEREFORE, ORDERED, ADJUDGED & DECREED as follows: A. CapitalSource Bank shall have & recover judgment against Jones Travel Mart Inc & Walcott Enterprises Inc, jointly & severally, & in rem against the Property & the Personalty, in the amount of $1,284.902.78, together with pre-judgment interest in the amount of $184.22 per day from 6/22/11 until date of judgment herein & post-judgment interest at.16% per annum; B. CapitalSource Bank shall additionally have & recover judgment against Defendants Jones Travel Mart Inc & Walcott Enterprises Inc, jointly & severally, & in rem against the Property & the Personalty fo r all costs of this action, reasonable attorney's fees of $15,000.00 & any sums expended pursuant to the Note, the Mortgages & the Security Agreement prior to the sale of the Property & Personalty provided for herein, to bear interest at.16% per annum. Signed by Judge James M. Moody on 9/15/2011. (jct)
September 9, 2011 31 Opinion or Order of the Court AGREED ORDER granting 30 Unopposed MOTION for Disbursement of Funds and to Terminate Obligation of Tenants to Pay Rent Into Registry of Court. IT IS THEREFORE ORDERED that the payment of rent into the registry of the Court shall terminate effectiv e immediately. DMC & JRM LLC, David Cook & Jackie McClure shall pay their monthly rental obligation of $12,000.00 in separate monthly payments of $8,423.00 to CapitalSource, it's successors & assigns, & $3,577.00 to Northchase, s o long as Northchase is the owner of the real property involved in this proceeding & maintains insurance on the property as required by the Plaintiff's mortgages. The Clerk of this Court shall promptly distribute the funds held in the registry of the Court in the amounts of $58,961.00 to CapitalSource & $25,039.00 to Northchase, with any interest earned on the funds held to be paid to CapitalSource. Signed by Judge James M. Moody on 9/9/2011. (jct)

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Search for this case: CapitalSource Bank v. Walcott Enterprises Inc et al
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Defendant: Benny Magness
Represented By: Roger L. Morgan
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Defendant: Walcott Enterprises Inc
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Defendant: Jones Travel Mart Inc
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Defendant: Northchase Development Inc
Represented By: Geoffrey B. Treece
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Defendant: Timothy J Leathers
Represented By: Michael Jay Wehrle
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Defendant: DMC & JRM LLC
Represented By: Matthew Stephen Modelevsky
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Defendant: David Cook
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Defendant: Jackie McClure
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Defendant: PepsiAmericas Inc
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Defendant: Janie Magness
Represented By: Roger L. Morgan
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Plaintiff: CapitalSource Bank
Represented By: Harry A. Light
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