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Times-Union Court News 02-27-2001

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Marriage Licenses
The following couples have applied for marriage licenses in the office of Kosciusko County Clerk Sharon Christner:
• Joshua Cantu, 28, and Amy Julia Fuller, 41, both of East Levi Lee Road, Warsaw.
• Troy L. Byrer, 32, and Katrina Marie Dove, 23, both of East Center Street, Warsaw.
• Jay S. Morehead Sr., 46, and Susan R. Puckett, 45, both of North Harper Road, Leesburg.
• Douglas L. Raber, 48, and Diane L. Stump, 50, both of South Wausau Drive, Warsaw.
• Ragun David Barboza Perez, 19, and Debra Lynn Strube, 19, both of Anchorage Road, Warsaw.
Superior Court III
Judgments
The following judgments were recently awarded in Kosciusko Superior Court III, small claims division, with Judge Joe V. Sutton presiding:
• Anthony Wayne Credit Adjusters v. Ann M. Harrison. Plaintiff awarded $864.91.
• American General Finance Inc. v. Timothy L. Slusser. Plaintiff awarded $1,665.28.
• FSF Inc. v. Peggy Hendrickson. Plaintiff awarded $2,644.63.
• Reed & Earhart v. Kevin L. Brock. Plaintiff awarded $1,171.41.
• Financial Services of Whitley County awarded the judgments noted against the following people: Tamara L. Reece, $823.53; Steven D. Stewart, $72.76; Christopher M. Baker, judgment; and Lisa M. Hale, $826.11.
• Martin Financial Management v. Kenneth Kemp. Plaintiff awarded $1,182.50.
• LaDonna and Harold Agler v. Colleen and Robert Baldwin. Plaintiffs awarded $1,324.
• Glen Ruch awarded the judgments noted against the following people: Scott Pittman, $1,653.95, and Shawn and Jennifer Werner, $1,932.20.
• Michelle Maisonneuve v. Laura Thompson. Plaintiff awarded $440.
• Fred L. Curtis v. Keith Wronka. Plaintiff awarded $1,000.
• Miranda Mikel v. Dave King. Plaintiff awarded $1,100.
• Eastgate Manor awarded the judgments noted against the following people: Kim Smith, $479, and Joe Beezley, $384.
• Helvey & Associates Inc. v. John and Kimberly Ryan. Plaintiff awarded $1,055.28.
• Toni and Joe Wheeler v. Dennis Rigelman. Plaintiffs awarded $1,020.10.
• Darwin and Joyce Goss v. Allstate Insurance Co. and Tara R. Smith. Plaintiffs awarded $2,203.83.
• Dorothy Sue Elrod v. Michael Adams. Plaintiff awarded $3,000.
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 people also paid $325.50 in court costs:
Driving While Intoxicated - Fined $50 in October, sentenced to six days in jail and license suspended 90 days were Adrian Argumedo, Warsaw; Roberto M. Silvestre, Warsaw; and Rigoberto Valencia, Pierceton.
Fined $50 in October was Michael J. Matysik, Warsaw.
Fined $24.50 in April, sentenced to six days in jail and license suspended 90 days was Roger Briscoe, Nappanee.
Driving While Under The Influence Of A Controlled Substance - Fined $50 in June, sentenced to 12 days in jail and license suspended 180 days was Darrell Thompson, Warsaw.
The following people also paid $125.50 in court costs:
Driving Having Never Had A License - Fined $25 in November was Norma Lopez, Warsaw.
Driving While Suspended - Fined $99.50 in January 2000 and license suspended 90 days was Benson Netherland, Winona Lake.
The following people also paid $125 in court costs:
Possession Of Marijuana - Fined $125 in December and license suspended 180 days was Lowell Collins, Etna Green.
Fined $500 in June, ordered to pay a $200 drug interdiction fee, sentenced to six days in jail and license suspended 180 days was Mark Crooks, Silver Lake.
Fined $25 in May and license suspended 180 days was Jennifer Graves, Warsaw.
Domestic Battery - Fined $250 in October was Jose Luis Reyes, Warsaw.
Furnishing Alcohol To A Minor - Fined $100 in September was Jennifer R. Moran, Warsaw.
Public Intoxication - Fined $50 in July were Patrick Waggoner, Syracuse, and Luis Hernandez, Winona Lake.
Fined $50 in May was Luis Hernandez, Warsaw.
Battery - Judgment (court costs only) in July against and ordered to pay a $100 child abuse fee was Pablo Garza, Warsaw.
Fined $50 in July was David Tran, Milford.
Fined $50 in June was John Mendoza, Warsaw.
Disorderly Conduct - Fined $50 in July was Jaime See, Winona Lake.
The following people also paid $75.50 in court costs:
Speeding - Fined $27 in September was Ronald Maclagan, 54, Warsaw.
Fined $7 in December was Christopher M. Davis, 19, Syracuse.
Fined $7 in November was Craig R. Eby, 37, Syracuse.
Improper Display Of License Plate - Fined $7 in December was Kenneth L. Fritchman, 39, Tippecanoe.
Disregarding A Traffic Signal - Fined $7 in December was Gary S. Bowers, 17, Warsaw.
Fined $7 in July was Donald E. Ditton, 22, Warsaw.
Driving While Intoxicated By A Minor With A Blood-Alcohol Level Of .02 Percent Or Greater - Fined $24.50 in July was Ryan A. Park, 19, Milford.
Metal Tires On Roadway - Fined $150 in June was David W. Wentzel, 44, Warsaw.
The following people were assessed no court costs:
Violation Of Seat Belt Law - Fined $20 in November was Leonard J. Moore, 29, Warsaw.
Fined $20 in March was James R. Fennessy, 18, Syracuse.
The following person was found not guilty of charges:
Battery - (July) Jeff Short, Silver Lake.
Charges were dismissed against the following people:
Public Intoxication - (December) Lowell Collins, Etna Green; (June) Mark Crooks, Silver Lake.
Check Deception - (October) Leaila Hale, Warsaw; (September) Terri Landrum, Claypool; (May) Sandra Ruggles, Warsaw; (April) Sandra Ruggles, Warsaw (two counts); Tim Porter, Rochester; (March) Trina Gard, Warsaw; Ryan Hattery, Rochester.
Contributing To The Delinquency Of A Minor - (September) Melissa A. Scarberry, Leesburg.
Intimidation - (September) Paul L. Garza, Warsaw.
Conversion - (June) John Mendoza, Warsaw.
Battery - (March) Jeromi Beans, Leesburg.
Estates
The following estates, with an estimated value of $250,000 or more to be divided among the named beneficiaries, were filed in either Kosciusko Superior Court I or Kosciusko Circuit Court:
• David L. Cooper died Jan. 31, 2000, at age 68, leaving an estate valued at $715,714.01. Beneficiary: Doris E. Cooper, spouse and trustee of the David L. Cooper trust, Ind. 19, Mentone.
• John S. Szynal died March 9, 2000, at age 84, leaving an estate valued at $966,504.69. Beneficiary: Joan K. Szynal, as successor trustee of the John S. Szynal Revocable Trust Declaration, Syracuse.
• William R. Bornes died July 16, 2000, at age 60, leaving an estate valued at $382,851.67. Beneficiaries: Mishelle Bornes, Warsaw; Melissa Grindle, East Rader Road, Warsaw; Michael Bornes, South Columbia Street, Warsaw; David Bornes, East Evergreen Drive, Warsaw; and Jeffery Bornes, Timberline Drive, Warsaw.
• Fredetta F. Money died May 24, 2000, leaving an estate valued at $465,809. Beneficiaries: Patrick E. Money, son; Deborah K. Coney-Money, daughter; and Kimberly Goyda, Elizabeth Fink, Jennifer Whitsell and Rachel L. Money, granddaughters.
• Glenn O. Phillips died Nov. 30, 2000, at age 89, leaving an estate valued at $399,719.45. Beneficiaries: Felisitis Phillips, spouse, West Market Street, Pierceton; Eleanor Carey, daughter, Brookfield Circle, Warsaw; Marion Wilson, daughter, Wabash; Allene Courtney, daughter, Wabash; Hope Mock, daughter, East CR 375S, Silver Lake; and Christina Batres, daughter, Dot Street, Warsaw.
Superior Court I
Filings
The following petitions were filed in Kosciusko Superior Court I with Judge Duane G. Huffer presiding:
Complaints
• Hilda D. Flores v. Rhonda L. Barr. Plaintiff seeks (1) that agreement be rescinded and that special damages be established through an accounting, plus interest, attorney fees and court costs; (2) $5,000 for consideration paid, plus interest, attorney fees and court costs; and (3) the maximum statutory damages allowed, including treble damages, plus interest, attorney fees and court costs.
• Conseco Finance Servicing Corp., formerly known as Green Tree Financial Servicing Corp., v. Brian M. Yoder, East Levi Lee Road, Warsaw. Plaintiff seeks $23,476.50 due on contract, plus interest, attorney fees, court costs and foreclosure of agreement as prior to other liens, with possession and sale of manufactured home to satisfy judgment.
• Chase Manhattan Bank v. Wesley E. and Veronica Steinke, Chestnut Street, Winona Lake, and Asset Management Group, LLC, Indianapolis. Plaintiff seeks $38,682.18 due on 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.
• Kosciusko County Board of Zoning Appeals v. Charles D. and Judith Rush, South CR 650E, Pierceton. Plaintiff seeks that the Rushes cease using their real estate as an automobile graveyard/junkyard. Plaintiff also seeks court costs and asks that monetary penalties be assessed until compliance is made.
• Asset Acceptance Corp. v. James A. Archer, West Van Buren Street, Leesburg. Plaintiff seeks $4,596.30 due on contract, plus court costs.
• Kosciusko County Board of Zoning Appeals v. Rob L. Day, East Epworth Forest Road, North Webster. Plaintiff seeks an order requiring Day to comply with zoning ordinances by removing three semi trailers from his real estate. Plaintiff also seeks court costs and asks that monetary penalties be assessed until compliance is made.
• Billie K. and Everardo Ganz v. Supervalue Inc., doing business as Augsburger's Plus. Plaintiffs seek an unspecified amount to compensate for injuries suffered by Billie Ganz March 16, 1999, when she allegedly was rammed by a grocery cart by an employee. Plaintiff also seek interest and court costs and request a trial by jury.
• Platinum/Nationsbank v. Barry W. Demuth, Country Club Drive, Warsaw. Plaintiff seeks $4,626.26 due on credit card agreement, plus interest,$200 in attorney fees and court costs.
• Ford Motor Credit Co. v. Eugene A. Arrington Jr., Greenhill Drive, Warsaw. Plaintiff seeks $2,944.63 due on agreement, plus interest, $200 in attorney fees and court costs.
• Midland Credit Management Inc., as assignee of Discover Card, v. Robert Blackford, West CR 250S, Warsaw. Plaintiff seeks $2,706.80 due on account, plus interest and court costs.
• Helvey & Associates Inc. v. the following people for the amounts noted due on assigned accounts, plus interest and court costs: Rhonda K. and Eddie W. Blanton, North Park Avenue, Warsaw. $20,454.62,and Daniel L. Hawkins, East CR 550S, Warsaw, $5,097.17.
• Providian National Bank v. Todd J. Guiff, Eagle Street, Warsaw. Plaintiff seeks $6,604.36 due on account agreement, plus interest, attorney fees and court costs.
• Creditrust Corp. v. Susanne K. Wegert, EMS B61G Lane, Warsaw. Plaintiff seeks $6,019.35 due on credit card account, plus interest, attorney fees and court costs.
• CreditMax Corp. v. the following people for the amounts noted due on contracts: Patricia C. Yoder, Elkhart, $6,307.33, and Chastity J. Knafel, Denzel North Drive, Syracuse, $6,501.84.
Marriage Dissolutions
Banks
Jerry W. Banks, North Fort Wayne Avenue, Warsaw, and Sharon Banks, address unknown. They were married Oct. 26, 1985, and separated Jan. 18, 2001. There are no minor children.
Hancock
Rae Ann Hancock, East Marion Avenue, Warsaw, and Woodrow Hancock, East Ponderosa Drive, Warsaw. They were married July 29, 1972, and separated Feb. 15, 2001. There are no minor children.
Vanhorn
Malinda S. and Dudley S. Vanhorn, East Hatchery Road, Syracuse. They were married June 8, 1996, and separated Feb. 6, 2001. There are no minor children.
Superior Court I
Judgments
The following judgments were awarded in Kosciusko Superior Court I with Judge Duane G. Huffer presiding:
Complaints
• Providian National Bank v. Jonathan D. Goss. Plaintiff awarded $9,859.28 by default, plus interest and court costs.
• Helvey & Associates Inc., formerly known as Joe Mater & Associates, v. Joe D. and Pamela A. Crace. Plaintiff awarded $6,596.91 by default, plus interest and court costs.
• Capital One Realty Inc. v. Ocwen Federal Bank, Judy Marie McNair, Paramount Homes Inc., Devries Turtle Bay Inc. (formerly known as Turtle Bay, as Turtle Bay Inc. and as Devries Property Inc.), John and Jane Doe and any other individual or entity claiming an interest in the mobile home in question. Plaintiff awarded ownership of mobile home, with a new title to be issued by the Bureau of Motor Vehicles. Court costs taxed to plaintiff.
• Capital One Realty Inc. v. Village Mobile Homes Inc., Sally Knight, Jeff C. Wisdom, Jay Heinrich, Ken Roemke, KeyBank Corp. (formerly known as Ameritrust National Bank, Michiana), Diana Garman, Devries Turtle Bay Inc. (formerly known as Turtle Bay, as Turtle Bay Inc. and as Devries Property Inc.), John and Jane Doe and any other individual or entity claiming an interest in the mobile home in question. Plaintiff awarded ownership of mobile home, with a new title to be issued by the Bureau of Motor Vehicles. Court costs taxed to plaintiff.
• First Select Inc. v. Stacy A. Richardson. Plaintiff awarded $3,857.17 by default.
• Affiliated Family v. Bruce J. Leslie. Plaintiff awarded $1,658.52.
Dismissals
The following case was dismissed with prejudice:
• Ty Starr v. Warsaw Parks, LLC.
Marriage Dissolution
The following dissolution was finalized on the date indicated:
• Jane Tucco Kennedy and Larry J. Kennedy. Feb. 16.
Circuit Court
Filings
The following petitions were filed in Kosciusko Circuit Court with Judge Rex Reed presiding:
Complaints
• The Estelle Peabody Memorial Home of the Synod of Lincoln Trails of the Presbyterian Church (USA), doing business as Peabody Retirement Community, v. Fred H. Wuertley and Dianna Jarboe, as power of attorney for Fred H. Wuertley, Leesburg. Plaintiff seeks $61,284.98 for breach of contracts, plus interest, court costs and attorney fees.
• Financial Services of Whitley County Inc. v. the following people for the amounts noted due on assigned accounts, plus court costs: Stephenie R. Shepherd, North Miami Drive, Warsaw, $3,437.43, and Keith and Stacy R. Patches, EMS B6 Lane, Leesburg, $5,398.60.
• National City Bank of Indiana, formerly known as First National Bank of Warsaw, v. Jack and Joyce Hicks, South CR 700E, Pierceton; Randy L. and Cheryl A. Bays, Silver Lake; David D. and Dee A. Kotterman, EMS B4 Lane, Leesburg; and ____ Doe, whose Christian name is unknown, West CR 600S, Mentone. Plaintiff seeks $36,641.74 due on 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.
• Jesse L. and Marion L. Savant, West Winona Avenue, Warsaw, v. Erubey Chairez, Bayview Drive, Warsaw. Plaintiffs seek an unspecified amount to compensate for injuries and damage resulting from a March 1, 1999, auto accident at the intersection of Winona Avenue and Lake Street, Warsaw. Plaintiffs also seek court costs and request a trial by jury.
• American General Finance v. Lee R. Bentley, East Riverside Drive, Warsaw. Plaintiff seeks $5,188.43 due on promissory note, plus interest and court costs.
• Rabb Water Systems Inc., Argonne Road, Warsaw, v. Windsor Construction, LLC, Elkhart. Plaintiff seeks $4,788.50 due on account, plus finance charges and court costs.
• Tony K. Vanover, South Thwaits, Syracuse, v. Terry E. Smith, North Koher Road, East, Syracuse. Plaintiff seeks to quiet title to real estate on South Thwaits and that the auditor's tax deed given to Smith be declared invalid and void.
Name Change
• Gregory N. and Jan Garen Haase seek to change the name of their minor child from Graham Ethan Haase to Graeme Ethan Haase.
Marriage Dissolutions
Dixon
Amy and Mike Dixon, North Bobwhite Drive, Warsaw. They were married Oct. 6, 1998, and have not yet separated. There are no minor children.
Gilbert
Penny Marie Gilbert, North Street, Syracuse, and Bryce James Gilbert, North Fifth Trail, North Webster. They were married Oct. 23, 1999, and separated Jan. 28, 2001. There are no minor children.
Marek
Ann Marek, Bouse Drive, Silver Lake, and Edward Wayne Marek, Jacinto City, Texas. They were married Sept. 19, 1994, and separated Jan. 5, 1996. There are no minor children.
Ostrow
Dawn Kay Ostrow, West Market Street, Pierceton, and Christopher Allen Ostrow, Huntington. They were married July 17, 1998, and separated July 23, 2000. There are no minor children.
Resendez
Leslie Resendez, East CR 200N, Warsaw, and Rudy Resendez, Plymouth. They were married April 23, 1993, and separated in October 2000. There is one minor child.
Sutton
Margaret E. Sutton, Kosciusko County, and Arthur E. Sutton, Hartford City. They were married Feb. 13, 1998, and separated Jan. 24, 2001. There are no minor children.
Swihart
Angela Swihart, West CR 250S, Warsaw, and Jamie Swihart, East CR 200N, Warsaw. They were married Dec. 6, 1997, and separated Jan. 2, 2001. There are two minor children.
Zirkle
Sandra C. Zirkle, West Emeline Street, Milford, and Eric R. Zirkle, Fairmount. They were married Dec. 10, 1992, and separated Feb. 12, 2001. There is one minor child.
Circuit Court
Judgments
The following judgments were awarded in Kosciusko Circuit Court with Judge Rex Reed presiding:
Complaints
• Norwest Mortgage Inc. v. Barry L. and Carolyn Sapp, Allen Collections Inc., state of Indiana and American General Finance. Plaintiff awarded summary judgment of $83,590.04, 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. Bruce and Terri L. Stephens. Plaintiff awarded summary judgment of $21,422.35, plus interest, costs incurred, court costs and foreclosure of mortgage as prior to other liens, with sale of real estate to satisfy judgment.
Dismissal
The following case was dismissed:
• Jane E. Boes v. Judy Lynn Walter.
Marriage Dissolutions
The following dissolutions were finalized on the dates indicated:
• Dawn M. and Mitchell C. Patrick. Mother awarded custody of couple's four minor children. Father ordered to pay $100 per week in child support. Feb. 16.
• Anna Sue (former name Perry restored) and Steven Ray Dunnuck. Couple awarded joint custody of their two minor children. Feb. 19.
Other Action
• Deluxe Home Center Inc. v. David W. Poage and Farmers State Bank. This case is referred to mediation, with John W. Whiteleather as mediator.