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Times-Union Court News 05-14-2002

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Marriage Licenses
The following couples have applied for marriage licenses in the office of Kosciusko County Clerk Sharon Christner:
• Corey Eugene Askren, 46, Niles, Mich., and Amber Rhea Funderburk, 46, EMS B3A Lane, Leesburg.
• David Michael Brigham, 19, South Country Club Road, Warsaw, and Shelley Renee Balmer.
• Kori Wayne Brooks, 21, Huntington, and Sheena Ann Conley, 19, South Walnut Drive, Warsaw.
• Timothy B. Conley, 38, and Helen M. Brinegar, 43, both of West CR 400N, Etna Green.
• Floyd Duane Creamer, 62, and Susan Elaine Rupe, 53, both of Arthur Street, Warsaw.
• Emil Ciprian Dragan, 28, Fort Wayne, and Kaylin Janine Hoke, 28, Sandcastle Drive, Warsaw.
• Greggory K. Harvey, 35, and Robyn L. Dunnavant, 36, both of Bishop Street, Syracuse.
• Frederick A. Kyles, 38, and Michelle Leigh Williamson, 29, both of East Market Street, Pierceton.
• Jimmy Dale Martin, 28, and Heather Marie Wright, 23, both of East Chicago Street, Syracuse.
• Merlin Eugene Miller, 23, North CR 650W, Milford, and Kristine Schwartz, 21, West CR 1050N, Milford.
• Benjamin Scott Penwell, 22, Goshen, and Darcy Lyn Replogle, 21, East Beer Road, Milford.
• Robert L. Prater, 32, Liberty Mills, and Tammy J. Bertram, 31, East CR 400S, Warsaw.
• Brent A. Skinner, 33, and Melissa B. Smelser, 31, both of South Southwood DRive, Warsaw.
• Donald Eugene Smith, 33, Inverness Point, Warsaw, and Staci Dawn Smith, Aspen Court, Warsaw.
• Joshua Daniel Smith, 23, and Heather Fuller, 21, both of North Street, Syracuse.
• Brandon Scott Spitler, 26, North Broadway Street, Mentone, and Rebecca Jane Kinney, 22, South Franklin Street, Mentone.

Superior Court III
The following violation were recently admitted and adjudged in Kosciusko Superior Court III with Judge Joe V. Sutton presiding. Unless otherwise indicated, the conviction is for a Class D felony. The month the incident occurred is included to eliminate confusion.
The following people also paid $129.50 in court costs during sentencing during March:
Driving While Intoxicated - Fined $20.50 from a November offense; sentenced to three years in jail, of which two years were suspended for probation; ordered to pay a $200 alcohol interdiction fee, a $50 initial and $15 month probation user's fee, to complete an alcohol treatment program and to attend a Drunk Driving Impact Panel meeting; and driving privileges suspended one year was Martin Ramos, 37, Warsaw. The jail term can be served in work release if Ramos is qualified for and accepted to the program.
Fined $20.50 from a December offense; sentenced to 36 months in jail, of which all but eight months were suspended for probation; ordered to pay a $200 alcohol interdiction fee, a $25 initial and $15 month probation user's fee, to complete an alcohol treatment program and to attend a Drunk Driving Impact Panel meeting; and driving privileges suspended two years was Daniel J. Newton, 55, Winona Lake. The jail term can be served in work release if Newton is qualified for and accepted to the program.
Fined $50 from an August offense; sentenced to 2-1/2 years in jail, of which the first year was suspended for probation; ordered to pay a $200 state alcohol countermeasure fee, a $50 initial and $15 month probation user's fee, to complete an alcohol treatment program and to attend a Drunk Driving Impact Panel meeting; and driving privileges suspended 1-1/2 years was Robert Jansma, 39, Warsaw. The jail term can be served in work release if Jansma is qualified for and accepted to the program.
Fined $20.50 from a July offense; sentenced to one year in jail, of which 10 months were suspended for probation; ordered to pay a $200 state alcohol countermeasure fee, a $50 initial and $15 month probation user's fee and to complete an alcohol treatment program; and driving privileges suspended one year was Michael Kris Griggs, 38, Rochester. The jail term can be served in work release if Griggs is qualified for and accepted to the program.
Fined $70.50 from a November offense; sentenced to 18 months in jail, of which six months were suspended for probation; ordered to pay a $200 state alcohol countermeasure fee and to attend one Alcoholics Anonymous meeting per week and to attend a Drunk Driving Impact Panel meeting; and driving privileges suspended one year was Dewey Lee Gayheart, 47, Mentone. The jail term was ordered served consecutively to the following conviction and can be served in work release if Gayheart is qualified for and accepted to the program.
Fined $70.50 from an October offense; sentenced to 1-1/2 years in jail, of which six months were suspended for probation; ordered to pay a $200 state alcohol countermeasure fee and to attend one Alcoholics Anonymous meeting per week; and driving privileges suspended one year was Dewey Lee Gayheart, 47, Mentone. The jail term was ordered served consecutively to the previous conviction and can be served in work release if Gayheart is qualified for and accepted to the program.
Habitual Traffic Violator - Fined $120.50 from an April 2001 offense; sentenced to 18 months in jail; and driving privileges suspended for life was Brian R. Glover, 37, Syracuse. The jail term can be served in work release if Glover is qualified for and accepted to the program.
Habitual Traffic Violator (Class C felony) - Fined $170.50 from a June offense; sentenced to eight years in jail, of which six years were suspended for probation; ordered to complete an alcohol treatment program and to attend Alcoholics Anonymous meetings weekly; and driving privileges suspended for life was Delbert F. Sams, 38, Pierceton. The jail term can be served in work release if Sams is qualified for and accepted to the program.
Nonsupport Of A Child - Given a three-year suspended jail sentence for an October offense and ordered to pay all child support as it becomes due, plus $1,200 per year toward arrearage was Rodney J. Bays, 37, Silver Lake.
Given a 36-month suspended jail sentence for a January offense and ordered to pay all child support as it becomes due, plus $30 per month toward arrearage was Phillip Peconga, Winona Lake.

Superior Court II
The following 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 $79.50 in court costs:
Speeding - Fined $27 in April were Derrick G. Hatfield, 18, Warsaw; Jason R. Brown, 19, Warsaw; Jason R. Krygowski, 19, Warsaw; Jonathan T. Dock, 20, Warsaw; Heather N. Martz, 19, Nappanee; Telesforo S. Garcia, 64, Warsaw; Jody A. Shively, 52, North Manchester; Ulises Garcia, 19, Leesburg; Rebecca J. Rettinger, 25, Bourbon; Jose L. Rico, 22, Warsaw;
Also, Jarion T. Bayne, 29, Warsaw; Charles D. Christner, 50, Syracuse; Christian M. Shaffer, 28, Akron; Krista J. Tracy, 17, Pierceton; Daniel E. Shepherd, 20, Warsaw; Darrin W. Yoder, 17, Nappanee; Teri G. Neer, 20, Akron; Dustin S. Wiggs, 18, Syracuse; Travis Hepler, 17, Milford; Ryan M. Clay, 18, Warsaw; Martin Ramos, 17, Warsaw; Pernell R. Marshall, 28, Akron; and Courtney A. Flenar, 17, Warsaw.
Fined $27 in March were Chad M. Dahms, 19, Larwill; Jose I. Perez, 20, Warsaw; Brian C. Longenecker, 22, Warsaw; Billy J. Caverley, 29, Warsaw; Bryan T. Kuhn, 19, Larwill; and Joshua L. Newcum, 21, Leesburg.
Fined $27 in February was Amy M. Elliott, 20, Warsaw.
Fined $27 in January was Brandon C. Kelly, 18, Warsaw.
Fined $12 in April were Joshua Cabrera, 20, Akron; Roger A. Gaff, 26, Warsaw; Ruth L. Poe, 54, North Manchester; Richard S. Zehner, 53, Warsaw; Warren Goodman, 30, Warsaw; Robert G. Grotz, 44, Syracuse; Kellie M. Richardson, 26, Silver Lake; Sandra L. Scott, 54, Akron; Sharon J. Oradt, 58, North Webster; Michael L. Everest, 40, Pierceton;
Also, Julio Reyes, 17, Winona Lake; Jay E. Kreinbrink, 45, Warsaw; Rosario Islas, 40, Warsaw; Nancy S. Schmucker, 33, Etna Green; Gabriel Patino, 16, Pierceton; Marie Cervantes, 29, Warsaw; Natalie M. Waddle, 38, Warsaw; Travis R. Spoor, 22, Winona Lake; Violet M. Elder, 58, Pierceton; and Kelly L. Bixby, 30, North Manchester;
Fined $12 in March were Dan R. Wiseley, 47, Nappanee; Chad M. Duffy, 30, North Manchester; Dane G. Smalley, 19, Silver Lake; Ashley A. McGowen, 18, Syracuse; Nathan L. White, 20, Warsaw; Dale E. Shepherd Jr., 18, Claypool; Amanda J. Senzel, 16, Syracuse; Maria L. Trevino, 52, Warsaw; David R. Tuttle, 25, Warsaw; and Tobias L. Witmer, 20, Syracuse.
Fined $12 in February was Ted W. Upson, 66, Warsaw.
Fined $7 in April were Joseph S. Scutchfield, 31, Claypool; Debra K. Nielsen, 38, Winona Lake; Julie M. Cunningham, 20, Warsaw; Thomas F. Hurt, 46, Warsaw;
Fined $7 in March was Curtis M. Valentine, 18, North Webster.
Passing In Violation Of Signs Or Markings - Fined $7 in April was Donald L. Swartzlander, 40, Warsaw.
Disregarding A Traffic Signal - Fined $7 in April were Lisa A. Trojan, 21, North Webster; and Angelica Hernandez, 28, Warsaw; Kim M. Obacz, 38, Warsaw; and Dennis L. Wertenberger, 56, Pierceton.
Fined $7 in March was Keith A. Glova, 16, Warsaw.
No Valid License - Fined $7 in April were Jose F. Juarez, 24, Pierceton; Robert E. Coy, 30, Syracuse; Martin Ramos, 17, Warsaw; and Jose I. Perez, 20, Warsaw.
Fined $7 in March were Kristin S. Shriver, 37, Akron; Isaac M. Hall, 22, Syracuse; Jose A. Patino, 23, Warsaw; and Laura G. Miller, 30, Nappanee.
Fined $7 in January was Corrina H. Torres, 22, Winona Lake.
False Registration - Fined $7 in April were Walter R. Uribe, 22, Warsaw; Joshua R. Bowser, 18, Akron; James E. Snyder, 20, Mentone; and Eric J. Herbst, 39, North Webster.
Fined $7 in March were Sherri F. Shell, 25, Warsaw, and Heather I. Paseka, 25, Warsaw.
Fined $7 in February was Justin M. Donovan, 19, Warsaw.
Disregarding A Stop Or Yield Sign - Fined $7 in April were Travis A. Smith, 17, Syracuse; Bianca R.Hales, 19, Warsaw; Brandon T. Stephens, 22, Claypool; and Manuel G. Rosario, 28, Syracuse.
Fined $7 in March was James E. Lisenbee, 22, Warsaw.
Unsafe Start From Park - Fined $7 in April were Steven Hanford, 18, Leesburg, and James L. Graff, 19, Syracuse.
Disregarding A Traffic Control Device - Fined $7 in April was Victor R. Hartman, 57, Warsaw.
Learner's Permit Violation - Fined $7 in April was Jacob A. Sanders, 16, Leesburg.
Expired Driver's License - Fined $7 in April was William D. Hoy Jr., 51, Warsaw.
Improper Passing To Right - Fined $7 in April were Ada Riley, 41, North Webster, and Goble Shepherd Jr., 28, Warsaw.
Wrong Way On A One-Way Road - Fined $7 in April was Deborah A. Barr, 42, Warsaw.
Expired Plates - Fined $7 in April was L. Dean Adams, 33, Silver Lake.
No License In Possession - Fined $7 in April was Maria Cervantes, 29, Warsaw.
Failure To Signal - Fined $7 in April was Robert A. Kennedy, 39, Warsaw.
No Registration - Fined $7 in April was Tristan A. Young, 19, South Whitley.
Illegal Display Of Red Light - Fined $7 in April was Joshua F. Kamp, 20, Akron.
Driving Left Of Center - Fined $7 in April was Neal D. Ehlers, 23, Syracuse.
Failure To Use Headlights - Fined $7 in March was Samuel L. Riggle, 49, Claypool.
Driving Without Proof Of Insurance - Fined $50 in March was Cody R. Hepler, 16, Syracuse.
Driving While Suspended - Fined $100 in January were Eric J. Garman, 20, Warsaw, and Blake J. Sechrist, 20, Warsaw.
The following person also paid $79 in court costs:
Possession Of Tobacco By A Minor Under Age 18 - Fined $25 in February was Joshua J. Derf, 16, Claypool.
The following people were assessed no court costs:
Violation Of Seat Belt Law - Fined $20 in April were Ryan M. Weaver, 24, Warsaw; Juan Rosas, 34, Akron; Carl E. Coy Jr., 22, Etna Green; Matthew R. Thomas, 20, Akron; Benjamin Engle, 17, Warsaw; Eric J. Herbst, 39, North Webster; Esther N. Hylton, 25, Warsaw; Treasure A. Sheeley, 17, Syracuse; John T. Stevens Sr., 53, Silver Lake; Phillip L. Owens, 21, Rochester;
Also, John W. Meade, 45, Warsaw; Mariah C. Krider, 20, South Whitley; John H. Beer, 21, Milford; Chris L. Grindle, 20, Warsaw; Jeffrey Rostochak, 41, Leesburg; Christopher W. Burnworth, 21, Pierceton; David W. Gunnell, 54, North Webster; Kevin E. Wareham, 31, Bourbon; L. Dean Adams, 33, Silver Lake; Penny S. King, 29, Leesburg;
Also, Tasha N. Sahagun, 23, Warsaw; Deborah A. Stutzman, 40, Milford; Michael E. Schaadt, 22, Winona Lake; Nancy E. Reinoso, 54, Winona Lake; Michael D. Moore, 41, Warsaw; Stacey L. Schrock, 26, Syracuse; Sue E. Medley, 41, Syracuse; Donald J. Zellers, 31, Warsaw; Vanessa A. Rolston, 19, Syracuse; Donna S. Bowling, 38, Syracuse;
Also, Billy J. Summers, 20, Warsaw; Jared M. Adair, 18, Warsaw; Dustin J. Manns, 22, Warsaw; Wesley T. Tilton, 38, Pierceton; Casey E. Miller, 34, Winona Lake; Dallas A. Alsman, 54, South Whitley; and Donald L. Harter, 53, Warsaw.
Fined $20 in March were Peggy M. Penn, 44, Warsaw; Dina I. Cruz, 29, Claypool; Nicole R. Belcher, 19, Warsaw; Julie M. Cunningham, 20, Warsaw; David Schrock, 26, Warsaw; David S. Hettinger, 26, Leesburg; Ty W. Starr, 33, Warsaw; Anthony B. Grindle, 41, Cromwell; Zulema D. Flores, 27, Milford; Starr A. Elder, 27, Warsaw;
Also, Benjamin C. Brazo, 19, Mentone; Christopher D. Lloyd, 24, Winona Lake; Michael Allen Privett, 28, Warsaw; David W. Neff, 38, Warsaw; Penny D. Miller, 36, Warsaw; Timothy M. Berger, 18, Leesburg; Corbin V. Arnett, 21, Warsaw; Daniel J. Harter, 23, Warsaw; Kimberly A. Zumbrun, 38, Syracuse; Deroy Stapleton, 70, Winona Lake;
Also, Patrick B. Murphy, 35, Warsaw; Jacqueline S. Bentele, 57, Winona Lake; David J. Bennett, 21, Warsaw; Angela M. Tezekjian, 17, Winona Lake; Ryan W. Faulkner, 19, Bourbon; and Claudia Granados, 20, Warsaw.
Fined $20 in February was Cheryl L. Zippay, 34, Pierceton.
Child Restraint Violation - Fined $25 in March was Valentino C. Creag, 67, Warsaw.

Superior Court I
Filings
The following petitions were filed in Kosciusko Superior Court I with Judge Duane G. Huffer presiding:
Complaints
• Beneficial Inc. v. Robert S. Rininger, Turtle Bay Drive, Syracuse. Plaintiff seeks $1,528.94 due on contract, plus court costs.
• CreditMax Inc. v. Robert Gardiner and Robin Hobart, North Warsaw-Oswego Road, Warsaw. Plaintiff seeks $6,332 due on contract.
• Conseco Finance Servicing Corp. v. Richard L. and Chassity L. Davis, Carrington Boulevard, Warsaw. Plaintiff seeks $30,720.60 due on contract, plus interest, attorney fees, costs incurred, court costs and foreclosure of security agreement, with possession and sale of manufactured home to satisfy judgment.
• John A. Henricks v. Cathy Sechrist, Lakeview Drive, Winona Lake. Plaintiff seeks $4,574.26 due on lease, plus $1,000 in attorney fees.
• First Federal Savings Bank v. Ramona A. Fisher, Goshen, and Matthew M. Stump, North Creek Bend Lane, Milford. Plaintiff seeks $10,900 for three times the amount of a nonsufficient funds check, plus court costs and costs incurred.
Marriage Dissolutions
Aaron
Rodney Aaron, East Nelson Drive, Milford, and Amy Aaron, East William Street, Milford. They were married March 7, 1986, and separated Aug. 17, 2001. There are two minor children.
Lauver
Opal D. Nellans-Lauver and Paul K. Lauver, Old Road 30W, Warsaw. They were married March 10, 2000, and separated on a date not indicated. There are no minor children.
Miller
Johnnie Carol Miller, West CR 400S, Warsaw, and Donald Miller, South Magee Road, Warsaw. They were married Feb. 14, 1998, and separated April 22, 2002. There are no minor children.
Rico
Gabriel Rico, Warsaw, and Lidia Rico, address unknown. They were married March 24, 1987, and separated April 14, 1987. 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
• Martin Financial Management Inc. v. David A. Melching, doing business as D.A. Melching & Associates. Plaintiff awarded $5,312.76 by default, plus interest and court costs.
• Principal Residential Mortgage Inc. v. Perry W. and Julia A. Perisho, et al. Plaintiff awarded $100,255.10 by default, plus interest, costs incurred, court costs, $750 in attorney fees and foreclosure of mortgage as prior to other liens, with sale of real estate to satisfy judgment.
• Green & Cates v. Joseph Graff. Plaintiff awarded $4,608.41 by default, plus interest and court costs.
Marriage Dissolutions
The following dissolutions were finalized on the dates indicated:
• Brenda (former name McAfoose restored) and Ricky Sitts. Mother and father each awarded custody of one of couple's two minor children. No child support ordered at this time. May 2.
• Jennifer E. (former name Hoyt restored) and Mikel T. Bookwalter. Mother awarded custody of couple's minor child. Father ordered to pay $114.19 per week in child support. May 2.
• Cari L. and Jeffrey J. Kline. Mother awarded custody of couple's three minor children. Father ordered to pay $200 per week in child support. May 2.
• Gregory L. and Kimberly A. Wiggs. Mother awarded custody of couple's minor child. Father ordered to pay $86 per week in child support. May 2.
Other Action
• Ryan Michael Scott v. Interventions Inc. This case is referred to mediation, with Daniel J. Sigler presiding.
• Ray Jordan v. Dennis and Lee Ann Paternoster and John M. Clark. This case is referred to mediation, with Thomas R. Lemon presiding.

Circuit Court
Filings
The following petitions were filed in Kosciusko Circuit Court with Judge Rex Reed presiding:
Complaints
• Gloria Joan and Kenneth Frey v. Steven Grossnickle, M.D., and Grossnickle Eye Center Inc. Plaintiffs seek an unspecified amount to compensate for losses resulting from alleged negligent medical care for Gloria Joan Frey. Plaintiffs also seek court costs.
• Nuell Inc. v. Ronald E. Shoemaker, doing business as Biostim LLC and Biostim, East Smith Street, Warsaw. Plaintiff seeks $22,203.95 due on agreement, plus interest, attorney fees and court costs.
• Washington Mutual Bank/FA, formerly known as Washington Mutual Home Loans, v. William and Cynthia Alley, East CR 350N, Warsaw. Plaintiff seeks $125,764.05 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.
• UMB USA v. Tonya Krider, West CR 150S, Pierceton. Plaintiff seeks $3,282.81 due on credit card agreement, plus interest and court costs.
• Rita A. Harrison v. Chris D. Moore. Plaintiff seeks $4,478.60 due on promissory note, plus interest and court costs.
Marriage Dissolutions
Cleland
Karra L. Cleland, South CR 600E, North Manchester, and David O. Cleland, Flint Street, South Whitley. They were married May 15, 1986, and separated March 4, 2002. There are two minor children.
Sheller
Dawn M. and William Lee Sheller, North CR 300E, Leesburg. They were married Dec. 31, 1996, and separated May 2, 2002. There are no minor children.
Tom
Kip Tom, North Harper Road, Leesburg, and Pamela S. Tom, Woodcliff Drive, Warsaw. They were married June 25, 1988, and separated in December 2001. There are no minor children. This case was moved on a change of venue from Elkhart County.

Circuit Court
Judgment
The following judgment was awarded in Kosciusko Circuit Court with Judge Rex Reed presiding:
Complaint
• Curtis W. Smith v. Anthony G. Herman. After a two-day jury trial, Herman awarded judgment against Smith. Also judgment in favor of Cincinnati Insurance Co. entered April 30 is reaffirmed and plaintiff takes nothing from the company. Court costs taxed to plaintiff.

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.
• James and Lynn Montgomery, 308 E. Market St., Nappanee. Chapter 7. Assets: $12,155. Debts: $151,020.