Times-Union Court News 01-09-2001
July 28, 2016 at 4:25 p.m.
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Marriage Licenses
The following couples have applied for marriage licenses in the office of Kosciusko County Clerk Sharon Christner:
• Jeffrey A. Steele, 38, and Patricia E. Osborn, 40, both of Sharon Street, Winona Lake.
• Darren M. Miner, 23, and Dawn Marie Chambers, 30, both of East Pine Drive, Warsaw.
• Benjamin David Williams, 25, Muncie, and Winifrid Dare Hake, 21, Oakhill Drive, Winona Lake.
• Shane Michael Fletcher, 19, Fort Bliss, Texas, and Bobbi Jo Collier, 18, East King Arthur Trail, Cromwell.
• William G. Stenstrom, 40, West Lakeview Park Drive, Warsaw, and Judith Daugherty, 38, Akron.
Superior Court III
Judgments
The following judgments were recently awarded in Kosciusko Superior Court III, small claims division, with Judge Joe V. Sutton presiding:
• Paradise Audio & Musical awarded the judgments noted against the following people: Damion O'Hara, $416; Mark P. Creightney, $853.50; Michael Emmons, $479; and Pam Richardson, $471.
• Martin Financial Management awarded the judgments noted against the following people: Kim Marie Littlejohn, $715.64; Clara Gorman, $1,704.21; and Benson R. Netherland II, $,1075.35.
• Anthony Wayne Credit Adjusters awarded the judgments noted against the following people: Cherilyn R. Blair, $269.67; Russell Stidams, $247.34; Stephen L. Walker, $252.01; and Brenda Baker, $434.18.
• Wedding Traditions Bridal v. Jeffery D. Howey. Plaintiff awarded $350.
• John A. Simpson v. Tonia Knapp. Plaintiff awarded $750.
• Hope Optical Inc. v. Vincent Zon. Plaintiff awarded $261.
• Kirk Edwards v. C.T. Corp. System and Kmart Stores. Plaintiff awarded $1,465.
• Ralph and Joellen L. Fitch v. Jessie L., Marion L. and Jessie L. Savant Jr. and Debra Wirsing. Plaintiffs awarded $1,000.
• Ace Hardware of Warsaw v. George Vires. Plaintiff awarded $987.
• Brouwer's Country Carpet v. Ricci Moore. Plaintiff awarded $797.45.
• NCO Financial Systems Inc. v. Jack B. Baldwin. Plaintiff awarded $206.75.
• Collier's Commercial Services v. Gary Broadfoot. Plaintiff awarded $118.
• Financial Services of Whitley County v. Jennifer J. Greenwood. Plaintiff awarded $1,081.29.
• Erie Insurance Group v. Shawn A. Collins and Rita Roberts. Plaintiff awarded $671.71.
• Jerry Pamer v. Fred and Maureen Hewitt. Plaintiff awarded $200.
• Warsaw Community School Corp. v. Marsha Kellogg. Plaintiff awarded $245.80.
Superior Court II
The following misdemeanors and infractions were recently admitted and adjudged in Kosciusko Superior Court II with Judge James Jarrette presiding. The month the incident occurred is included to eliminate confusion.
The following person also paid $125 in court costs:
Illegal Possession Of Alcohol By A Minor - Fined $100 in December 1999 and license suspended 60 days was Justan Dotson, Silver Lake.
The following people also paid $75.50 in court costs:
Speeding - Fined $71 in March was Tim R. Smith, 46, Mentone.
Fined $50 in June was Kristin N. Landauer, 24, Warsaw.
Fined $27 in December were Kevin L. Bronson, 30, Warsaw; Bradley A. Dye, 18, Warsaw; and Jessica A. Henderson, 16, Syracuse.
Fined $27 in November was Rhonda M. Rooda, 25, Syracuse.
Fined $27 in September was Brian Rogers, 26, Warsaw.
Fined $12 in November was Michael J. Morris, 44, South Whitley.
Fined $12 in October was Jason D. Spore, 19, Warsaw.
Fined $12 in June was Todd M. Anderson, 26, Leesburg.
Fined $7 in December were Wesley D. Lantz, 22, Syracuse, and Walter A. Winch, 48, Warsaw.
Fined $7 in November were Celeste M. Rietveld, 37, Syracuse; James L. Ashby, 39, North Webster; and Andres S. Garza, 24, Warsaw.
Wrong Way On A One-Way Road - Fined $7 in December was Andrew A. McClanahan, 38, Pierceton.
Disregarding A Stop Or Yield Sign - Fined 47 in December was Heidi L. Bowers, 19, Warsaw.
Fined $7 in November were Amanda M. Barksdale, 29, Pierceton; Sheila E. Charlton, 36, North Webster; and Dennis L. Moist, 51, Syracuse.
Fined $7 in August was Kyler L. Northrup, 15, Leesburg.
Fined $7 in May was Cora A. Bradley, 42, Bourbon.
Driving Left Of Center - Fined $7 in November was Gilbert Stutzman, 63, Nappanee.
Fined $7 in August was Todd Hepler, 17, Claypool.
False Registration - Fined $7 in November was Louis Heberer, 32, Nappanee.
Driving While Suspended - Fined $50 in November was Renfred L. Thompson, 29, Warsaw.
No Registration - Fined $7 in November was Michael L. Taylor, 18, Syracuse.
Disregarding A Traffic Signal - Fined $7 in August was Jaime M. Lopez, 21, Warsaw.
Fined $7 in June was Ryan D. Thwaits, 19, Syracuse.
No Or Inadequate Muffler - Fined $7 in August was Richard L. Mounts, 21, Warsaw.
Funeral Procession Violation - Fined $50 in June was Eric W. Heiman, 19, Warsaw.
The following person also paid $75 in court costs:
Littering - Fined $25 in November was Connealy L. Tanner, 16, Warsaw.
The following people were assessed no court costs:
Violation Of Seat Belt Law - Fined $20 in December were Timothy L. Dotson, 19, Pierceton; Kristi K. Burgh, 30, Warsaw; Shawn Griffith, 25, Pierceton; Benjamin R. Keller, 18, Warsaw; Robert P. Snell, 25, Warsaw; Alta J. Hayden, 31, Warsaw; and Kyle C. Hollon, 19, North Webster.
Fined $20 in November were Michael S. Cripe, 28, Pierceton; Deb A. Wright, 39, Leesburg; John W. Scheuer, 30, Warsaw; Kimberly S. Whitaker, 40, North Manchester; Steven R. Boyer, 32, Warsaw; Derek T. Sparks, 27, Warsaw; and Nathaniel J. Cook, 20, Warsaw.
Fined $20 in June was Ridley L. Brown, 21, Warsaw.
Charges were dismissed against the following people:
Driving While Suspended - (December 1999) Donald Greene, Pierceton.
Deferrals
The following person has entered into a deferral agreement through the Kosciusko County Prosecutor's Office, paying a $77 fee. If the defendant commits no other violations during a five-month period following signing of the agreement, the charge will be dismissed.
Speeding - (December) Amy L. Durst, 19, Warsaw.
Superior Court I
Filings
The following petitions were filed in Kosciusko Superior Court I with Judge Duane G. Huffer presiding:
Complaints
• Capital One Realty Inc. v. Village Mobile Homes Inc., Goshen; Sally Knight; Jeff C. Wisdom; Jay Heinrich; Ken Roemke; KeyBank Corp., formerly known as Ameritrust National Bank/Michiana; Diana Garman; DeVries Turtle Bank Inc., formerly known as Turtle Bay, as Turtle Bay Inc. and as DeVries Property Inc.; and John and Jane Doe. Plaintiff seeks a declaratory judgment as to ownership of a mobile home on Meadowview Lane in Syracuse. Plaintiff also seeks court costs.
• Capital One Realty Inc. v. Ocwen Federal Bank, West Palm Beach, Fla.; Judy Marie McNair, Railside Drive, Syracuse; Paramount Homes Inc., U.S. 6, Syracuse; and DeVries Turtle Bay Inc. Plaintiff seeks a declaratory judgment as to ownership of a mobile home Railside Drive, Syracuse. Plaintiff also seeks court costs.
• Helvey & Associates Inc. v. the following people for the amounts due on assigned accounts, plus interest and court costs: John R. Alexander, East Epworth Forest Road, North Webster, $8,568.49, and Benjamin and Bobbi Hursey, Anchorage Road, Warsaw, $5,505.70.
• EquiCredit Corp. of America v. Leann Hollingsworth, East Wesley Drive, North Webster; First National Bank of Warsaw, now known as National City Bank; and town of North Webster. Plaintiff seeks $64,902.73 due on promissory note, plus interest, attorney fees, costs incurred, court costs and foreclosure of mortgage as prior to other liens, with sale of real estate to satisfy judgment.
• Fahl Manufactured Homes Inc. v. Continental Industries Inc., Elkhart; Howard and Lois Lehman, Fort Myers, Fla.; and Robert C. Leiter, Argonne Road, Warsaw. Plaintiff seeks an unspecified amount in each of three counts for alleged breach of contract, fraud and deception and a declaratory judgment as to the legal obligation to continue to make payments on real estate agreement, plus punitive damages, attorney fees and court costs. Plaintiff requests a trial by jury.
• Kosciusko County Board of Zoning Appeals v. Kurt and Mari A. Gunkel, Arbor Vista Drive, North Webster. Plaintiff seeks that the Gunkels be ordered to cease using real estate in violation of ordinance and/or for them to immediately apply for the necessary variance, plus court costs and that monetary penalties be assessed until compliance is made.
• Kosciusko County Board of Zoning Appeals v. Alden Stuckman, East Hammond Drive, Syracuse, and Ronald Barley, East Blacks Court South, North Webster. Plaintiff seeks that defendants cease using real estate on East Blacks Court South, North Webster, as an automobile graveyard/junkyard in violation of ordinance and/or for them to immediately apply for the necessary special exception plus court costs and that monetary penalties be assessed until compliance is made.
• First Select Inc., as assignee of Visa, v. Stacy A. Richardson, West Boston Street, Syracuse. Plaintiff seeks $2,965.32 due on account, plus interest, attorney fees and court costs.
• Citibank (South Dakota)/NA v. Shirley A. Smith, EMS B21 Lane, Warsaw. Plaintiff seeks $4,211.43 due on account, plus court costs.
• National City Bank v. Teressa D. Johnson. Plaintiff seeks $10,148.94 due on agreement, plus interest, $200 in attorney fees and court costs.
Marriage Dissolutions
Johnson
Melissa G. Johnson, South Union Street, Warsaw, and Darryn T. Johnson, Kosciusko County. They were married July 28, 1989, and separated Nov. 13, 2000. There is one minor child.
Treft
Richard H. Treft, West CR 250S, Warsaw, and Jacqueline Lou Treft, West Baker Street, Warsaw. They were married Nov. 1, 1986, and separated Aug. 30, 1999. There is one minor child.
Uzubell
Cheryl Victoria Uzubell, Kosciusko County, and John Edward Uzubell, North Fourth of July Avenue, Syracuse. They were married Aug. 24, 1979, and separated Jan. 2, 2001. There is one minor child.
Superior Court I
Judgments
The following judgments were awarded in Kosciusko Superior Court I with Judge Duane G. Huffer presiding:
Complaints
• American Investment Bank v. Travis E. Caudill. Plaintiff awarded $11,708.35 by default, plus interest and court costs.
• Otis R. Bowen Center for Human Services Inc. awarded the judgments noted by default, plus interest and court costs, against the following people: Charles Murphy, $1,592; Raymond J. Weaver, $1,836.57; William R. Garman, $1,572; and Becky Kern, $1,338.54.
• Bankers Trust Co. of California v. David A. Brinegar and John and Jane Doe. Plaintiff awarded $113,025.86 by default, plus interest, costs incurred, court costs and foreclosure of mortgage as prior to other liens, with sale of real estate to satisfy judgment.
• Wabash County Farm Bureau Credit Union v. Jeffrey and Rene L. Arnett and Donald H. Fretz. Plaintiff awarded agreed judgment of $3,992.57 from the Arnetts.
• General Electric Capital Corp. v. Winona Quick Mart Inc. Plaintiff awarded summary judgment of $5,711.75, plus interest and court costs.
• Diversified Financial Systems Inc. v. Timothy and Caroline Kay Miner, et al. Plaintiff awarded summary judgment of $26,747.23 from the Miners, plus interest, $2,125 in attorney fees, court costs and foreclosure of mortgage as prior to other liens, with sale of real estate to satisfy judgment.
• W. Gale Smith v. Anna Therese Smith, Oakwood Cemetery Board of Regents and David Shaw. In an agreed judgment, Anna Therese Smith's petition for disinterment of the remains of Stephan G. Smith and for reinterment in Oakwood Cemetery is granted. W. Gale Smith's complaint for injunctive relief is dismissed with prejudice at his costs.
• Rockhill Pinnick LLP v. Richard D. Olds. Plaintiff awarded $1,449.79 by default, plus interest and court costs.
• SAC Finance Inc. awarded the judgments noted, plus interest and court costs, against the following people: Michael W. Keaffaber, $3,424.21, Connie E. Long, $5,700.94; Leonard E. Burns, $6,995.50; Garry L. Cole and Donna Upchurch, $5,471.92; and Bill G. Patrick Jr., $4,221.
• Sympson Family Trust and Claud Sympson v. M.D. Umbaugh. Plaintiff awarded $69,649.32 from Umbaugh Enterprises Ltd., plus court costs, and $244,383.55 from Umbaugh Sympson Realty, plus court costs. Two of the three claims individually against M.D. Umbaugh are dismissed with prejudice, with one claim to remain pending.
• The First National Bank of Keystone v. Ronald D. Bradford and Lake City Bank. Plaintiff awarded $46,600.22 by default, plus interest, costs incurred, court costs ad foreclosure of mortgage subject to the first mortgage of LCB, with sale of real estate to satisfy judgment.
• Credit Bureau Associates Co. Inc., doing business as Debt Recovery Group., v. Sharon L. Lengacher. Plaintiff awarded $2,668.91 by default, plus interest and court costs.
Dismissals
The following case was dismissed:
• Anonymous patient v. William Hambright, Counseling Associates and Holy Cross Counseling Group. The court notes that plaintiff elected to make serious allegations against defendants in the public forum of a trial court, using their actual names while using a fictional one in his own complaint, alleging he suffers from a mental illness and using an actual name would cause additional harm. The court also notes that the plaintiff fails to address or consider the harm which may occur or has occurred to the defendants by use of their actual names if the allegations are not established.
• Ulysses Francis v. Ken Shepherd.
The following cases were dismissed with prejudice:
• Paul D. and Victoria A. Lafferty. Court costs taxed to plaintiff.
• Brian and Donna R. Walsh v. Plummer & Co. Inc., CPAs, and Ray Plummer, individually. Clerk of court ordered to issue, from her trust funds, a check to Plummer & Co. Inc. for $2,500 and to Brian and Donna R. Walsh for $1,193. This case is dismissed, with court costs taxed to plaintiffs.
• Timothy Kuhn v. Roger Smoker, Eagle Creek Cattle Farm Inc. and Kosciusko County 4-H and Community Fair.
• Patricia S. and Livio Andreatta v. Wayne and Virginia Hunley.
• Elaine C. Bell v. Donna R. Piper. Court costs taxed to plaintiff.
• Willie Taylor v. Thelma Craig. Court costs taxed to plaintiff.
• Kosciusko County Board of Zoning Appeals v. George F. and Dorothy L. Walker. Court costs taxed to plaintiff.
The following cases were dismissed without prejudice:
• Otis R. Bowen Center for Human Services Inc. v. the following people: Brad Murray, Troy Baker and Jimmy Owens.
• General Motors Acceptance Corp. v. Gary Karbach.
• Leasecomm Corp. v. Patricia Krizan. Prior judgment set aside and case dismissed.
Marriage Dissolutions
The following dissolutions were finalized on the dates indicated:
• Janet and Gregory A. Timmons. Dec. 28. Couple awarded joint custody of their three minor children.
• Angela R. and Christopher M. Baker. Mother awarded custody of couple's minor child. Father ordered to pay $100 per week in child support. Dec. 28.
• Lisa R. and Michael A. Hagy. Mother awarded custody of couple's three minor children. Father ordered to pay $237 per week in child support. Dec. 29.
• Randel A. and Redith A. Riner. Father awarded custody of couple's two minor children. No child support ordered at this time. Jan. 2.
Other Action
• Society National Bank/Indiana v. Arnolt Corp. and United Precision Machining Corp., et al. The receiver is authorized to make partial distribution of $100,000 to KeyBank/NA.
• Terry Richards' request for recision of lifetime driver's license suspension and reinstatement of driving privileges is granted.
Circuit Court
Filings
The following petitions were filed in Kosciusko Circuit Court with Judge Rex Reed presiding:
Complaints
• Robert and Barbara J. Vandermark v. Matt Trier, North CR 350W, Warsaw; Kosciusko County treasurer; Lois Shepherd, Burket; Michael O. Hale, East Winona Avenue, Warsaw; Twilla D. Brower, East Wesley Lane, North Webster; Kerry Hughes, Pierceton; and Martin Financial Management, Warsaw. Plaintiffs seek $22,000 due on mortgage note, plus interest, attorney fees, costs incurred, court costs and foreclosure of mortgage as prior to other liens, with sale of real estate to satisfy judgment.
• Chase Manhattan Mortgage Corp. v. Kevin D. and Michele Arnold, Mathews Drive, Milford, and Citifinancial Services Inc., Indianapolis. Plaintiff seeks $77,988.75 due on promissory note, plus interest, attorney fees, costs incurred, court costs and foreclosure of mortgage as prior to other liens, with sale of real estate to satisfy judgment.
• Curtis W. Smith v. Anthony G. Herman, Pierceton, and Cincinnati Insurance Co., Fort Wayne. Plaintiff seeks proceeds from insurance company from Nov. 23, 2000, fire at residence he was purchasing from Herman and that a trust be declared as to the real estate.
• Da-Lite Screen Co. v. Richard S. Burrows, Cincinnati, Ohio. Plaintiff seeks an order declaring stock option agreement with Burrows void.
• Conseco Finance Servicing Corp., formerly known as Green Tree Financial Servicing Corp., v. Vince and Dottie Slone, Deer Run, Warsaw. Plaintiff seeks $80,440.14 due on contract, plus interest, attorney fees, costs incurred, court costs and foreclosure of mortgage as prior to other liens, with sale of real estate to satisfy judgment.
• Countrywide Home Loans Inc., doing business as America's Wholesale Lending, v. Yolanda M. Polston, Kimal Drive, Warsaw; Porter W. and Yolanda M. Polston, trustees under trust dated May 26, 1994; EquiCredit Corp. of America; and unknown heirs and devisees of Porter W. Polston. Plaintiff seeks $92,771.56 due on promissory note, plus interest, attorney fees, costs incurred, court costs and foreclosure of mortgage as prior to other liens, with sale of real estate to satisfy judgment.
Marriage Dissolutions
Barton
Christa Barton, North CR 375E, Syracuse, and Cory Barton, South CR 25W, Warsaw. They were married Oct. 22, 1998, and separated Dec. 26, 2000. There is one minor child.
Eberle
James Robert and Lynne Michelle Eberle, North Mark Lane, Warsaw. They were married June 17, 1994, and separated Oct. 31, 2000. There are no minor children.
Hershberger
Mary Ellen Hershberger, East CR 1200S, Silver Lake, and Simon Leroy Hershberger, Lagrange. They were married June 4, 1970, and separated in September 1983. There are no minor children.
Hoffman
Leona M. Hoffman, East Haiden Drive, Syracuse, and Paul M. Hoffman, CR 1350N, Syracuse. They were married May 21, 1988, and separated Nov. 20, 2000. There is one minor child.
Rangel
Esmeralda Rangel, West CR 250S, Warsaw, and Arturo Rangel, South Indiana Street, Warsaw. They were married Oct. 10, 1976, and separated Oct. 16, 1997. There are no minor children.
Sanders
William C. Sanders, North Pleasant Grove Road, Syracuse, and Larisa V. Sanders, Fort Wayne. They were married May 28, 1994, and separated July 11, 2000. There are no minor children.
Shelton
Robert L. Shelton, Old Ind. 15S, Warsaw, and Mary Beth Shelton, North Fort Wayne Avenue, Warsaw. They were married March 1, 1999, and separated Dec. 19, 2000. There are no minor children.
Circuit Court
Judgments
The following judgments were awarded in Kosciusko Circuit Court with Judge Rex Reed presiding:
Complaints
• Financial Services of Whitley County Inc. v. Shanon K. Marsillett. Plaintiff awarded $3,809.89 by default, plus interest and court costs.
• Creditmax Inc. v. Rick and Judy Francis,awarded $7,366.26 by default, plus interest.
Dismissals
The following cases were dismissed with prejudice:
• Patsy A. Weiser Plickard v. James M. Gielow and E.C. Poole.
• Beneficial Indiana, doing business as Beneficial Mortgage Co. of Indiana, v. Michael B. Mullins and town of Winona Lake.
• Sue E. Medley v. Daniel Duque.
• Gregory Haynes v. Steven Wendt, Wendt & Sons Inc. and Lake States Insurance Co.
Marriage Dissolutions
The following dissolutions were finalized on the dates indicated:
• April M. (former name Heckman restored) and Stanford Bolden Jr. Mother awarded custody of couple's minor child. Father awarded $37.50 per week in child support. Dec. 27.
• Alicia L. (former name Hinora restored) and Herman McGuire. Dec. 29.
• Pamela Kay (former name Ritter restored) and Bruce James Tackett. Dec. 29.
• John D. and Nancy R. Laker. Dec. 29.
• E. Nelson Jr. and Margaret M. Chipman. Couple awarded joint custody of their three minor children. Jan. 2.
• Phyllis Ann (former name Webb restored) and Alan Ray Young Sr. Jan. 2.
• Sherri Lynn and Wilbur Lee Conley. Jan. 3.
Other Action
• Judith B. Flowers v. Leonard E. Burns and R.R. Donnelley & Sons. This case is referred to mediation, with Daniel J. Sigler as mediator.
• Holly Cesaretti's request for a restricted driver's license is grant, allowing her to drive for employment, treatment and child transportation purposes only.
Bankruptcies
The following is an explanation of bankruptcy terms:
Chapter 7: Liquidation. A court-appointed trustee liquidates the assets of an individual or firm and distributes them to creditors on a prorated basis.
Chapter 11: Business reorganization. Debtor retains possession of assets and attempts to remain in business by proposing a plan of reorganization to pay all or a portion of debts from future earnings.
Chapter 13: For individuals with regular income. Often called "wage earner plan." Debtor retains assets and agrees to pay all or a portion of debts from future earnings over a three- to five-year period.
Chapter 12: The family farm bankruptcy proceeding. It is a hybrid between Chapter 13 and Chapter 11. A trustee is appointed, but the debtors remain in possession of their assets and propose to pay all or a portion of debts from future earnings over a three- to five-year period.
• Glen Ashby Jr., 3218 Coy Ave., Silver Lake. Chapter 7. Assets: $31,750. Debts: $37,872.
• Joshua Bitting, 27923 CR 6, Nappanee. Chapter 7. Assets: $1,720. Debts: $19,689.
• Daniel Brandt, 3225 Old Colony Road, Warsaw. Chapter 13. Assets: $1,030. Debts: $56,667.
• Jerry Burkett, 3677 W. CR 200N, Warsaw. Chapter 13. Assets: $95,100. Debts: $92,645.
• Robert and Tracy Herri, 702 N. Main St., Nappanee. Chapter 7. Assets: $130,575. Debts: $102,831.
• David Jackson, 21 EMS B49 Lane, Warsaw. Chapter 7. Assets: $130,965. Debts: $215,009.
• Andy Piskor, 1200 N. Main St., Nappanee. Chapter 7. Assets: $71,120. Debts: $105,541.
• Kevin Reffitt, 1692 E. CR 200N, Warsaw. Chapter 7. Assets: $24,320. Debts: $47,199. [[In-content Ad]]
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Marriage Licenses
The following couples have applied for marriage licenses in the office of Kosciusko County Clerk Sharon Christner:
• Jeffrey A. Steele, 38, and Patricia E. Osborn, 40, both of Sharon Street, Winona Lake.
• Darren M. Miner, 23, and Dawn Marie Chambers, 30, both of East Pine Drive, Warsaw.
• Benjamin David Williams, 25, Muncie, and Winifrid Dare Hake, 21, Oakhill Drive, Winona Lake.
• Shane Michael Fletcher, 19, Fort Bliss, Texas, and Bobbi Jo Collier, 18, East King Arthur Trail, Cromwell.
• William G. Stenstrom, 40, West Lakeview Park Drive, Warsaw, and Judith Daugherty, 38, Akron.
Superior Court III
Judgments
The following judgments were recently awarded in Kosciusko Superior Court III, small claims division, with Judge Joe V. Sutton presiding:
• Paradise Audio & Musical awarded the judgments noted against the following people: Damion O'Hara, $416; Mark P. Creightney, $853.50; Michael Emmons, $479; and Pam Richardson, $471.
• Martin Financial Management awarded the judgments noted against the following people: Kim Marie Littlejohn, $715.64; Clara Gorman, $1,704.21; and Benson R. Netherland II, $,1075.35.
• Anthony Wayne Credit Adjusters awarded the judgments noted against the following people: Cherilyn R. Blair, $269.67; Russell Stidams, $247.34; Stephen L. Walker, $252.01; and Brenda Baker, $434.18.
• Wedding Traditions Bridal v. Jeffery D. Howey. Plaintiff awarded $350.
• John A. Simpson v. Tonia Knapp. Plaintiff awarded $750.
• Hope Optical Inc. v. Vincent Zon. Plaintiff awarded $261.
• Kirk Edwards v. C.T. Corp. System and Kmart Stores. Plaintiff awarded $1,465.
• Ralph and Joellen L. Fitch v. Jessie L., Marion L. and Jessie L. Savant Jr. and Debra Wirsing. Plaintiffs awarded $1,000.
• Ace Hardware of Warsaw v. George Vires. Plaintiff awarded $987.
• Brouwer's Country Carpet v. Ricci Moore. Plaintiff awarded $797.45.
• NCO Financial Systems Inc. v. Jack B. Baldwin. Plaintiff awarded $206.75.
• Collier's Commercial Services v. Gary Broadfoot. Plaintiff awarded $118.
• Financial Services of Whitley County v. Jennifer J. Greenwood. Plaintiff awarded $1,081.29.
• Erie Insurance Group v. Shawn A. Collins and Rita Roberts. Plaintiff awarded $671.71.
• Jerry Pamer v. Fred and Maureen Hewitt. Plaintiff awarded $200.
• Warsaw Community School Corp. v. Marsha Kellogg. Plaintiff awarded $245.80.
Superior Court II
The following misdemeanors and infractions were recently admitted and adjudged in Kosciusko Superior Court II with Judge James Jarrette presiding. The month the incident occurred is included to eliminate confusion.
The following person also paid $125 in court costs:
Illegal Possession Of Alcohol By A Minor - Fined $100 in December 1999 and license suspended 60 days was Justan Dotson, Silver Lake.
The following people also paid $75.50 in court costs:
Speeding - Fined $71 in March was Tim R. Smith, 46, Mentone.
Fined $50 in June was Kristin N. Landauer, 24, Warsaw.
Fined $27 in December were Kevin L. Bronson, 30, Warsaw; Bradley A. Dye, 18, Warsaw; and Jessica A. Henderson, 16, Syracuse.
Fined $27 in November was Rhonda M. Rooda, 25, Syracuse.
Fined $27 in September was Brian Rogers, 26, Warsaw.
Fined $12 in November was Michael J. Morris, 44, South Whitley.
Fined $12 in October was Jason D. Spore, 19, Warsaw.
Fined $12 in June was Todd M. Anderson, 26, Leesburg.
Fined $7 in December were Wesley D. Lantz, 22, Syracuse, and Walter A. Winch, 48, Warsaw.
Fined $7 in November were Celeste M. Rietveld, 37, Syracuse; James L. Ashby, 39, North Webster; and Andres S. Garza, 24, Warsaw.
Wrong Way On A One-Way Road - Fined $7 in December was Andrew A. McClanahan, 38, Pierceton.
Disregarding A Stop Or Yield Sign - Fined 47 in December was Heidi L. Bowers, 19, Warsaw.
Fined $7 in November were Amanda M. Barksdale, 29, Pierceton; Sheila E. Charlton, 36, North Webster; and Dennis L. Moist, 51, Syracuse.
Fined $7 in August was Kyler L. Northrup, 15, Leesburg.
Fined $7 in May was Cora A. Bradley, 42, Bourbon.
Driving Left Of Center - Fined $7 in November was Gilbert Stutzman, 63, Nappanee.
Fined $7 in August was Todd Hepler, 17, Claypool.
False Registration - Fined $7 in November was Louis Heberer, 32, Nappanee.
Driving While Suspended - Fined $50 in November was Renfred L. Thompson, 29, Warsaw.
No Registration - Fined $7 in November was Michael L. Taylor, 18, Syracuse.
Disregarding A Traffic Signal - Fined $7 in August was Jaime M. Lopez, 21, Warsaw.
Fined $7 in June was Ryan D. Thwaits, 19, Syracuse.
No Or Inadequate Muffler - Fined $7 in August was Richard L. Mounts, 21, Warsaw.
Funeral Procession Violation - Fined $50 in June was Eric W. Heiman, 19, Warsaw.
The following person also paid $75 in court costs:
Littering - Fined $25 in November was Connealy L. Tanner, 16, Warsaw.
The following people were assessed no court costs:
Violation Of Seat Belt Law - Fined $20 in December were Timothy L. Dotson, 19, Pierceton; Kristi K. Burgh, 30, Warsaw; Shawn Griffith, 25, Pierceton; Benjamin R. Keller, 18, Warsaw; Robert P. Snell, 25, Warsaw; Alta J. Hayden, 31, Warsaw; and Kyle C. Hollon, 19, North Webster.
Fined $20 in November were Michael S. Cripe, 28, Pierceton; Deb A. Wright, 39, Leesburg; John W. Scheuer, 30, Warsaw; Kimberly S. Whitaker, 40, North Manchester; Steven R. Boyer, 32, Warsaw; Derek T. Sparks, 27, Warsaw; and Nathaniel J. Cook, 20, Warsaw.
Fined $20 in June was Ridley L. Brown, 21, Warsaw.
Charges were dismissed against the following people:
Driving While Suspended - (December 1999) Donald Greene, Pierceton.
Deferrals
The following person has entered into a deferral agreement through the Kosciusko County Prosecutor's Office, paying a $77 fee. If the defendant commits no other violations during a five-month period following signing of the agreement, the charge will be dismissed.
Speeding - (December) Amy L. Durst, 19, Warsaw.
Superior Court I
Filings
The following petitions were filed in Kosciusko Superior Court I with Judge Duane G. Huffer presiding:
Complaints
• Capital One Realty Inc. v. Village Mobile Homes Inc., Goshen; Sally Knight; Jeff C. Wisdom; Jay Heinrich; Ken Roemke; KeyBank Corp., formerly known as Ameritrust National Bank/Michiana; Diana Garman; DeVries Turtle Bank Inc., formerly known as Turtle Bay, as Turtle Bay Inc. and as DeVries Property Inc.; and John and Jane Doe. Plaintiff seeks a declaratory judgment as to ownership of a mobile home on Meadowview Lane in Syracuse. Plaintiff also seeks court costs.
• Capital One Realty Inc. v. Ocwen Federal Bank, West Palm Beach, Fla.; Judy Marie McNair, Railside Drive, Syracuse; Paramount Homes Inc., U.S. 6, Syracuse; and DeVries Turtle Bay Inc. Plaintiff seeks a declaratory judgment as to ownership of a mobile home Railside Drive, Syracuse. Plaintiff also seeks court costs.
• Helvey & Associates Inc. v. the following people for the amounts due on assigned accounts, plus interest and court costs: John R. Alexander, East Epworth Forest Road, North Webster, $8,568.49, and Benjamin and Bobbi Hursey, Anchorage Road, Warsaw, $5,505.70.
• EquiCredit Corp. of America v. Leann Hollingsworth, East Wesley Drive, North Webster; First National Bank of Warsaw, now known as National City Bank; and town of North Webster. Plaintiff seeks $64,902.73 due on promissory note, plus interest, attorney fees, costs incurred, court costs and foreclosure of mortgage as prior to other liens, with sale of real estate to satisfy judgment.
• Fahl Manufactured Homes Inc. v. Continental Industries Inc., Elkhart; Howard and Lois Lehman, Fort Myers, Fla.; and Robert C. Leiter, Argonne Road, Warsaw. Plaintiff seeks an unspecified amount in each of three counts for alleged breach of contract, fraud and deception and a declaratory judgment as to the legal obligation to continue to make payments on real estate agreement, plus punitive damages, attorney fees and court costs. Plaintiff requests a trial by jury.
• Kosciusko County Board of Zoning Appeals v. Kurt and Mari A. Gunkel, Arbor Vista Drive, North Webster. Plaintiff seeks that the Gunkels be ordered to cease using real estate in violation of ordinance and/or for them to immediately apply for the necessary variance, plus court costs and that monetary penalties be assessed until compliance is made.
• Kosciusko County Board of Zoning Appeals v. Alden Stuckman, East Hammond Drive, Syracuse, and Ronald Barley, East Blacks Court South, North Webster. Plaintiff seeks that defendants cease using real estate on East Blacks Court South, North Webster, as an automobile graveyard/junkyard in violation of ordinance and/or for them to immediately apply for the necessary special exception plus court costs and that monetary penalties be assessed until compliance is made.
• First Select Inc., as assignee of Visa, v. Stacy A. Richardson, West Boston Street, Syracuse. Plaintiff seeks $2,965.32 due on account, plus interest, attorney fees and court costs.
• Citibank (South Dakota)/NA v. Shirley A. Smith, EMS B21 Lane, Warsaw. Plaintiff seeks $4,211.43 due on account, plus court costs.
• National City Bank v. Teressa D. Johnson. Plaintiff seeks $10,148.94 due on agreement, plus interest, $200 in attorney fees and court costs.
Marriage Dissolutions
Johnson
Melissa G. Johnson, South Union Street, Warsaw, and Darryn T. Johnson, Kosciusko County. They were married July 28, 1989, and separated Nov. 13, 2000. There is one minor child.
Treft
Richard H. Treft, West CR 250S, Warsaw, and Jacqueline Lou Treft, West Baker Street, Warsaw. They were married Nov. 1, 1986, and separated Aug. 30, 1999. There is one minor child.
Uzubell
Cheryl Victoria Uzubell, Kosciusko County, and John Edward Uzubell, North Fourth of July Avenue, Syracuse. They were married Aug. 24, 1979, and separated Jan. 2, 2001. There is one minor child.
Superior Court I
Judgments
The following judgments were awarded in Kosciusko Superior Court I with Judge Duane G. Huffer presiding:
Complaints
• American Investment Bank v. Travis E. Caudill. Plaintiff awarded $11,708.35 by default, plus interest and court costs.
• Otis R. Bowen Center for Human Services Inc. awarded the judgments noted by default, plus interest and court costs, against the following people: Charles Murphy, $1,592; Raymond J. Weaver, $1,836.57; William R. Garman, $1,572; and Becky Kern, $1,338.54.
• Bankers Trust Co. of California v. David A. Brinegar and John and Jane Doe. Plaintiff awarded $113,025.86 by default, plus interest, costs incurred, court costs and foreclosure of mortgage as prior to other liens, with sale of real estate to satisfy judgment.
• Wabash County Farm Bureau Credit Union v. Jeffrey and Rene L. Arnett and Donald H. Fretz. Plaintiff awarded agreed judgment of $3,992.57 from the Arnetts.
• General Electric Capital Corp. v. Winona Quick Mart Inc. Plaintiff awarded summary judgment of $5,711.75, plus interest and court costs.
• Diversified Financial Systems Inc. v. Timothy and Caroline Kay Miner, et al. Plaintiff awarded summary judgment of $26,747.23 from the Miners, plus interest, $2,125 in attorney fees, court costs and foreclosure of mortgage as prior to other liens, with sale of real estate to satisfy judgment.
• W. Gale Smith v. Anna Therese Smith, Oakwood Cemetery Board of Regents and David Shaw. In an agreed judgment, Anna Therese Smith's petition for disinterment of the remains of Stephan G. Smith and for reinterment in Oakwood Cemetery is granted. W. Gale Smith's complaint for injunctive relief is dismissed with prejudice at his costs.
• Rockhill Pinnick LLP v. Richard D. Olds. Plaintiff awarded $1,449.79 by default, plus interest and court costs.
• SAC Finance Inc. awarded the judgments noted, plus interest and court costs, against the following people: Michael W. Keaffaber, $3,424.21, Connie E. Long, $5,700.94; Leonard E. Burns, $6,995.50; Garry L. Cole and Donna Upchurch, $5,471.92; and Bill G. Patrick Jr., $4,221.
• Sympson Family Trust and Claud Sympson v. M.D. Umbaugh. Plaintiff awarded $69,649.32 from Umbaugh Enterprises Ltd., plus court costs, and $244,383.55 from Umbaugh Sympson Realty, plus court costs. Two of the three claims individually against M.D. Umbaugh are dismissed with prejudice, with one claim to remain pending.
• The First National Bank of Keystone v. Ronald D. Bradford and Lake City Bank. Plaintiff awarded $46,600.22 by default, plus interest, costs incurred, court costs ad foreclosure of mortgage subject to the first mortgage of LCB, with sale of real estate to satisfy judgment.
• Credit Bureau Associates Co. Inc., doing business as Debt Recovery Group., v. Sharon L. Lengacher. Plaintiff awarded $2,668.91 by default, plus interest and court costs.
Dismissals
The following case was dismissed:
• Anonymous patient v. William Hambright, Counseling Associates and Holy Cross Counseling Group. The court notes that plaintiff elected to make serious allegations against defendants in the public forum of a trial court, using their actual names while using a fictional one in his own complaint, alleging he suffers from a mental illness and using an actual name would cause additional harm. The court also notes that the plaintiff fails to address or consider the harm which may occur or has occurred to the defendants by use of their actual names if the allegations are not established.
• Ulysses Francis v. Ken Shepherd.
The following cases were dismissed with prejudice:
• Paul D. and Victoria A. Lafferty. Court costs taxed to plaintiff.
• Brian and Donna R. Walsh v. Plummer & Co. Inc., CPAs, and Ray Plummer, individually. Clerk of court ordered to issue, from her trust funds, a check to Plummer & Co. Inc. for $2,500 and to Brian and Donna R. Walsh for $1,193. This case is dismissed, with court costs taxed to plaintiffs.
• Timothy Kuhn v. Roger Smoker, Eagle Creek Cattle Farm Inc. and Kosciusko County 4-H and Community Fair.
• Patricia S. and Livio Andreatta v. Wayne and Virginia Hunley.
• Elaine C. Bell v. Donna R. Piper. Court costs taxed to plaintiff.
• Willie Taylor v. Thelma Craig. Court costs taxed to plaintiff.
• Kosciusko County Board of Zoning Appeals v. George F. and Dorothy L. Walker. Court costs taxed to plaintiff.
The following cases were dismissed without prejudice:
• Otis R. Bowen Center for Human Services Inc. v. the following people: Brad Murray, Troy Baker and Jimmy Owens.
• General Motors Acceptance Corp. v. Gary Karbach.
• Leasecomm Corp. v. Patricia Krizan. Prior judgment set aside and case dismissed.
Marriage Dissolutions
The following dissolutions were finalized on the dates indicated:
• Janet and Gregory A. Timmons. Dec. 28. Couple awarded joint custody of their three minor children.
• Angela R. and Christopher M. Baker. Mother awarded custody of couple's minor child. Father ordered to pay $100 per week in child support. Dec. 28.
• Lisa R. and Michael A. Hagy. Mother awarded custody of couple's three minor children. Father ordered to pay $237 per week in child support. Dec. 29.
• Randel A. and Redith A. Riner. Father awarded custody of couple's two minor children. No child support ordered at this time. Jan. 2.
Other Action
• Society National Bank/Indiana v. Arnolt Corp. and United Precision Machining Corp., et al. The receiver is authorized to make partial distribution of $100,000 to KeyBank/NA.
• Terry Richards' request for recision of lifetime driver's license suspension and reinstatement of driving privileges is granted.
Circuit Court
Filings
The following petitions were filed in Kosciusko Circuit Court with Judge Rex Reed presiding:
Complaints
• Robert and Barbara J. Vandermark v. Matt Trier, North CR 350W, Warsaw; Kosciusko County treasurer; Lois Shepherd, Burket; Michael O. Hale, East Winona Avenue, Warsaw; Twilla D. Brower, East Wesley Lane, North Webster; Kerry Hughes, Pierceton; and Martin Financial Management, Warsaw. Plaintiffs seek $22,000 due on mortgage note, plus interest, attorney fees, costs incurred, court costs and foreclosure of mortgage as prior to other liens, with sale of real estate to satisfy judgment.
• Chase Manhattan Mortgage Corp. v. Kevin D. and Michele Arnold, Mathews Drive, Milford, and Citifinancial Services Inc., Indianapolis. Plaintiff seeks $77,988.75 due on promissory note, plus interest, attorney fees, costs incurred, court costs and foreclosure of mortgage as prior to other liens, with sale of real estate to satisfy judgment.
• Curtis W. Smith v. Anthony G. Herman, Pierceton, and Cincinnati Insurance Co., Fort Wayne. Plaintiff seeks proceeds from insurance company from Nov. 23, 2000, fire at residence he was purchasing from Herman and that a trust be declared as to the real estate.
• Da-Lite Screen Co. v. Richard S. Burrows, Cincinnati, Ohio. Plaintiff seeks an order declaring stock option agreement with Burrows void.
• Conseco Finance Servicing Corp., formerly known as Green Tree Financial Servicing Corp., v. Vince and Dottie Slone, Deer Run, Warsaw. Plaintiff seeks $80,440.14 due on contract, plus interest, attorney fees, costs incurred, court costs and foreclosure of mortgage as prior to other liens, with sale of real estate to satisfy judgment.
• Countrywide Home Loans Inc., doing business as America's Wholesale Lending, v. Yolanda M. Polston, Kimal Drive, Warsaw; Porter W. and Yolanda M. Polston, trustees under trust dated May 26, 1994; EquiCredit Corp. of America; and unknown heirs and devisees of Porter W. Polston. Plaintiff seeks $92,771.56 due on promissory note, plus interest, attorney fees, costs incurred, court costs and foreclosure of mortgage as prior to other liens, with sale of real estate to satisfy judgment.
Marriage Dissolutions
Barton
Christa Barton, North CR 375E, Syracuse, and Cory Barton, South CR 25W, Warsaw. They were married Oct. 22, 1998, and separated Dec. 26, 2000. There is one minor child.
Eberle
James Robert and Lynne Michelle Eberle, North Mark Lane, Warsaw. They were married June 17, 1994, and separated Oct. 31, 2000. There are no minor children.
Hershberger
Mary Ellen Hershberger, East CR 1200S, Silver Lake, and Simon Leroy Hershberger, Lagrange. They were married June 4, 1970, and separated in September 1983. There are no minor children.
Hoffman
Leona M. Hoffman, East Haiden Drive, Syracuse, and Paul M. Hoffman, CR 1350N, Syracuse. They were married May 21, 1988, and separated Nov. 20, 2000. There is one minor child.
Rangel
Esmeralda Rangel, West CR 250S, Warsaw, and Arturo Rangel, South Indiana Street, Warsaw. They were married Oct. 10, 1976, and separated Oct. 16, 1997. There are no minor children.
Sanders
William C. Sanders, North Pleasant Grove Road, Syracuse, and Larisa V. Sanders, Fort Wayne. They were married May 28, 1994, and separated July 11, 2000. There are no minor children.
Shelton
Robert L. Shelton, Old Ind. 15S, Warsaw, and Mary Beth Shelton, North Fort Wayne Avenue, Warsaw. They were married March 1, 1999, and separated Dec. 19, 2000. There are no minor children.
Circuit Court
Judgments
The following judgments were awarded in Kosciusko Circuit Court with Judge Rex Reed presiding:
Complaints
• Financial Services of Whitley County Inc. v. Shanon K. Marsillett. Plaintiff awarded $3,809.89 by default, plus interest and court costs.
• Creditmax Inc. v. Rick and Judy Francis,awarded $7,366.26 by default, plus interest.
Dismissals
The following cases were dismissed with prejudice:
• Patsy A. Weiser Plickard v. James M. Gielow and E.C. Poole.
• Beneficial Indiana, doing business as Beneficial Mortgage Co. of Indiana, v. Michael B. Mullins and town of Winona Lake.
• Sue E. Medley v. Daniel Duque.
• Gregory Haynes v. Steven Wendt, Wendt & Sons Inc. and Lake States Insurance Co.
Marriage Dissolutions
The following dissolutions were finalized on the dates indicated:
• April M. (former name Heckman restored) and Stanford Bolden Jr. Mother awarded custody of couple's minor child. Father awarded $37.50 per week in child support. Dec. 27.
• Alicia L. (former name Hinora restored) and Herman McGuire. Dec. 29.
• Pamela Kay (former name Ritter restored) and Bruce James Tackett. Dec. 29.
• John D. and Nancy R. Laker. Dec. 29.
• E. Nelson Jr. and Margaret M. Chipman. Couple awarded joint custody of their three minor children. Jan. 2.
• Phyllis Ann (former name Webb restored) and Alan Ray Young Sr. Jan. 2.
• Sherri Lynn and Wilbur Lee Conley. Jan. 3.
Other Action
• Judith B. Flowers v. Leonard E. Burns and R.R. Donnelley & Sons. This case is referred to mediation, with Daniel J. Sigler as mediator.
• Holly Cesaretti's request for a restricted driver's license is grant, allowing her to drive for employment, treatment and child transportation purposes only.
Bankruptcies
The following is an explanation of bankruptcy terms:
Chapter 7: Liquidation. A court-appointed trustee liquidates the assets of an individual or firm and distributes them to creditors on a prorated basis.
Chapter 11: Business reorganization. Debtor retains possession of assets and attempts to remain in business by proposing a plan of reorganization to pay all or a portion of debts from future earnings.
Chapter 13: For individuals with regular income. Often called "wage earner plan." Debtor retains assets and agrees to pay all or a portion of debts from future earnings over a three- to five-year period.
Chapter 12: The family farm bankruptcy proceeding. It is a hybrid between Chapter 13 and Chapter 11. A trustee is appointed, but the debtors remain in possession of their assets and propose to pay all or a portion of debts from future earnings over a three- to five-year period.
• Glen Ashby Jr., 3218 Coy Ave., Silver Lake. Chapter 7. Assets: $31,750. Debts: $37,872.
• Joshua Bitting, 27923 CR 6, Nappanee. Chapter 7. Assets: $1,720. Debts: $19,689.
• Daniel Brandt, 3225 Old Colony Road, Warsaw. Chapter 13. Assets: $1,030. Debts: $56,667.
• Jerry Burkett, 3677 W. CR 200N, Warsaw. Chapter 13. Assets: $95,100. Debts: $92,645.
• Robert and Tracy Herri, 702 N. Main St., Nappanee. Chapter 7. Assets: $130,575. Debts: $102,831.
• David Jackson, 21 EMS B49 Lane, Warsaw. Chapter 7. Assets: $130,965. Debts: $215,009.
• Andy Piskor, 1200 N. Main St., Nappanee. Chapter 7. Assets: $71,120. Debts: $105,541.
• Kevin Reffitt, 1692 E. CR 200N, Warsaw. Chapter 7. Assets: $24,320. Debts: $47,199. [[In-content Ad]]
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