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Times-Union Court News 05-30-2001

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Marriage Licenses
The following couples have applied for marriage licenses in the office of Kosciusko County Clerk Sharon Christner:
• Dale Robert Arter, 24, and Tonya Sue Denney, 26, both of Sharon Street, Winona Lake.
• Benjamin Robert Barkey, 22, East Harmony Court, Winona Lake, and Danelle Lyn Wion, 22, West CR 1050N, North Manchester.
• Ronnie Lee Castro, 25, North CR 150E, Milford, and Tonya Sue Duff, 19, East Wooster Road, Pierceton.
• Bradley Joseph Cook, 22, Shelbyville, Ill., and Jessica Margaret Saylor, 22, St. Mary's Drive, Warsaw.
• Roger L. Cook, 39, South Street, Burket, and Linda L. Jones, 42, Ivywood Drive, Warsaw.
• Eric Lee Deford, 23, and Jenna Leeann Spear, 21, both of South County Farm Road, Warsaw.
• Pablo M. DeLaCruz, 46, and Barbara Bays, 47, both of Anchorage Road, Warsaw.
• Shannon Michael Grube, 26, and Laurie Ann Black, 23, both of West CR 950S, Akron.
• David Wayne Helmuth, 24, Plain City, Ohio, and Aimee Jo Martin, 22, West CR 800N, Nappanee.
• Richard Sol Martin, 27, and Cindy M. Miller, 32, both of East Main Street, Warsaw.
• Gary Lyn Miller, 54, Topeka, and Beverly Joan Montague, 48, Rieder Street, Warsaw.
• Stephen Douglas Moore, 49, East Wooster Road, Pierceton, and Princene Elaine Bonnett, 38, East Main Street, Warsaw.
• Anthony Andrew Nicholas, 28, and Mary Ann Espinoza, 25, both of Royal Oak Court, Warsaw.
• Douglass J. Pinkerton, 52, and Nina Joyce Price, 56, both of Ind. 13N, Pierceton.
• Jeff B. Ravenscroft, 42, Wabash, and Christine Cessna, 47, North CR 925E, Pierceton.
• Matthew Jason Rosbrugh, 28, and Heather Halsey Blocher, 24, both of East Market Street, Warsaw.
• James Allen Runyon, 30, and Chandesa Marie Wagner, 25, both of Old Road 30, Warsaw.
• Ryan Dean Schlotterback, 19, Kuder Lane, Warsaw, and Heidi Lynne Workman, 20, Esplanade Street, Winona Lake.
• Roger Eugene Townsend, 24, and Cara Brianne Contos, 21, both of East Wade Lane, North Webster.

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 $75.50 in court costs:
Speeding - Fined $73 in January was Holly M. Davis, 18, Bourbon.
Fined $27 in April were Carter L. Quance, 49, Warsaw; Nicholas P. Shepherd, 16, Warsaw; Derck L. Bussard, 16, Claypool; Dustun A. Carty, 21, Warsaw; Daniel M. Zolman, 18, Pierceton; and Melissa L. Nifong, 19, Etna Green.
Fined $12 in April were Stacy E. Will, 22, Nappanee; Jack L. Mikel, 50, Etna Green; Michael J. Miller, 21, Warsaw; and David J. Honneffer, 18, Winona Lake.
Fined $12 in June was Joshua J. Narbauer, 22, Warsaw.
Fined $7 in April were Jason T. Clutter, 25, Pierceton, and Clinton A. Custer, 16, Milford.
Illegal Display Of Red Light - Fined $7 in April was Eric W. Frazier, 16, Warsaw.
Expired Driver's License - Fined $7 in April was Mary B. Lemen, 42, Syracuse.
Disregarding A Traffic Signal - Fined $7 in April was Travis A. Perney, 21, Warsaw.
Fined $7 in January was Samantha S. Stewart, 18, Warsaw.
Log Book Not Current - Fined $17 in February was Eric Swihart, 35, Silver Lake.
Failure To Yield - Fined $7 in November was Douglas M. Plante, 20, Winona Lake.
Expired Plate - Fined $7 in June was David E. Hernandez, 55, Milford.
Driving While Suspended - Fined $25 in June was Joseph L. Stewart, Warsaw.
The following person also paid $75 in court costs:
Allowing An Animal To Stray - Fined $50 in Aril was John Miller, Milford.
The following people were assessed no court costs:
Violation Of Seat Belt Law - Fined $20 in April were Kendra A. Nordman, 28, Claypool, and Matthew T. Zellers, 21, Warsaw.
Child Restraint Violation - Judgment in March against Ryan N. Rosbrugh, 19, Warsaw.

Superior Court I
Filings
The following petitions were filed in Kosciusko Superior Court I with Judge Duane G. Huffer presiding:
Complaints
• Jaclyn Miller, a 6-year-old child by her parent and natural guardian, Wendy Kline, v. Kennel and Susan Williams, North Webster, and Chris Cotton, Syracuse. Plaintiff seeks an unspecified amount to compensate for injuries and losses resulting from a Dec. 8, 1999, dog attack on Miller. Plaintiff requests a trial by jury.
• Arnold Dempsey v. Ford Motor Co. Plaintiff seeks return in each of three counts of all monies paid, diminution in value of vehicle and incidental and consequential damages for breach of warranty for a 2000 Mercury Marquis, plus attorney fees, court costs, plus return of purchase price and finance charges incurred pursuant to the Indiana Motor Vehicle Protection Act. Plaintiff requests a trial by jury.
• Teachers Credit Union credit card issued by Infibank v. Daniel D. and Jeanne E. Beam, Duncan Drive, Warsaw. Plaintiff seeks $1,437.28 due on credit card agreement, plus interest, $400 in attorney fees and court costs.
• National City Bank of Indiana v. Manuel B. and LuAnn Lugo, South CR 250W, Silver Lake. Plaintiff seeks $55,295.68 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.
• Citibank (South Dakota)/NA v. Josh I. Ogden, School Street, Winona Lake. Plaintiff seeks $19,086.39 due on account, plus court costs.
• John P. and Katherine M. Burns v. The Elrod Group Inc. and Merlyn Michele and Dorothy Sue Elrod, Wooster Road, Winona Lake. Plaintiffs seek $108,231.26 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.
• Providian National Bank v. Judith A. Cain, EMS C17 Lane, Warsaw. Plaintiff seeks $16,715.26 due on account, plus interest, attorney fees and court costs.
• The Provident Bank v. Curt A. and Tara L. Lepper, North Happiness Drive, Syracuse; Conseco Finance Servicing Corp., Indianapolis; Kitch Acceptance Corp., Fort Wayne; and CreditMax Collection Agency, Carmel. Plaintiff seeks $73,182.15 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.
• The Provident Bank, doing business as Provident Consumer Financial Services, v. John J. and Barbara A. Fuller, South East Channel Road, Warsaw, and Kosciusko County treasurer. Plaintiff seeks $64,886.40 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.
• Bank One v. Jeremy D. Thomas, East CR 585N, Leesburg. Plaintiff seeks $8,543.17 due on contract, plus interest, attorney fees and court costs.
• Green & Cates v. Randall C. Hollon, EMS W17 Lane, North Webster. Plaintiff seeks $3,408.50 due on account, plus court costs.
• Associates Financial Services Co. Inc. v. David S. and Brenda J. Anweiler, Warsaw; Greentree Financial Servicing Corp.; and Beneficial Indiana Inc., doing business as Beneficial Mortgage Corp. Plaintiff seeks $88,495.50 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 Dissolution
Ferguson
Brenda and Patrick Lee Ferguson, EMS T9 Lane, Leesburg. They were married Dec. 10, 1977, and separated in February 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
• Bankamerica Housing Services Inc. v. Charles D. Donham and Byrider Finance Corp. Plaintiff awarded $94,186.91 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.
• Affiliated Family Dentist, P.C., v. Zon L. Vincent. Plaintiff awarded $4,946.60 by default, plus interest and court costs.
• Providian National Bank v. Joann Beachy. Plaintiff awarded $6,720.29 by default, plus interest and court costs.
• Hilda D. Flores v. Rhonda L. Barr. Plaintiff awarded $7,454.99 by default, plus interest and court costs.
• SAC Finance Inc. awarded the judgments noted by default, plus interest and court costs, against the following people: Shelly A. Heins-Boyer, $5,575.10, and William R. Jr. and Angela J. Gossett, $4,023.36.
• Beckman Lawson, LLP, v. Michael D. Morgan. Plaintiff awarded $13,467.46 by default, plus court costs.
• MS Distributing v. Micheal L. and Trudy L. Kimes, doing business and Cinema Video. Plaintiff awarded $4,408.41 by default, plus court costs.
• O'Neal Steel Inc. v. Markson Products Inc. and Kevin William and Bernadette L. Kosins. Plaintiff awarded $89,054.50 by default, plus court costs.
• American Acceptance Co., LLC, as assignee of Citibank Visa, v. Nicole Searfoss. Plaintiff awarded $1,438.19 by default, plus interest and court costs.
Dismissal
The following case was dismissed with prejudice:
• Platinum Financial Service, as assignee of Bank One, v. Mary J. Buchan.
Other Action
• Eugene Gregory, doing business as Creative Gardens v. William and Pamela Kolter. This case is referred to mediation, with Daniel J. Sigler as mediator.
• Tony and Linda Jaggers v. Chris A. and Debra Bradford, et al. This case is referred to mediation, with Thomas R. Lemon as mediator.

Circuit Court
Filings
The following petitions were filed in Kosciusko Circuit Court with Judge Rex Reed presiding:
Complaints
• Manufacturers & Traders Trust Co. v. Gerald E. and Phyllis E. Stayer, North Monroe Street, Sidney, and Fifth Third Bank of Central Indiana, Pacesetter Corp. and Conseco Finance Servicing Corp., all of Indianapolis. Plaintiff seeks $67,024.12 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.
• Nathan Polston, by his next friends, Randy and Rachael Polston, v. Eric and Daniel Kimball, South Country Club Road, Winona Lake. Plaintiffs seek an unspecified amount to compensate for injuries and losses resulting from a Sept. 17, 2000, fall from a vehicle driven by Eric Kimball. Plaintiffs also seek court costs and request a trial by jury.
• Mark and Dawn Maes, Goshen, v. Sunburst Griggs Trust, Osceola, and James L. Vigar, doing business as Blue Star Realty, EAst Ninth Street, Rochester. Plaintiffs seek an order for specific enforcement of real estate purchase agreement; an unspecified amount from Sunburst Griggs Trust to compensate for alleged breach of contract; and an unspecified amount from Vigar equal to damage sustained from alleged negligence.
• Orlie Shaw and Billijo Kester v. Jim Railsback and Railsback Construction, South CR 900W, Etna Green. Plaintiffs seek $13,718.75 for alleged breach of contract, plus $12,220 for alleged negligence and $10,000 in punitive damages for alleged fraud.
Marriage Dissolutions
Babendrager
Carolyn and Travis Babendrager, Kosciusko County. They were married Nov. 5, 1993, and separated May 11, 2001. There are two minor children.
Clabaugh
Christopher N. Clabaugh, East Market Street, Warsaw, and Sharon K. Clabaugh, West CR 1200S, Silver Lake. They were married Oct. 22, 1978, and separated Nov. 1, 2000. There is one minor child.
Clouse
Brian Clouse, West Section Street, Milford, and Angie Clouse, Hiawatha Lane, Syracuse. They were married Dec. 21, 1985, and separated April 19, 2001. There are two minor children.
Fahl
Douglas Michael and RaeAnne Fahl, Columbia City. They were married June 25, 1994, and separated May 15, 2001. There is one minor child.
Hall
Rebecca Lee Hall, East CR 200N, Warsaw, and Steven W. Hall, East Smith Street, Warsaw. They were married April 5, 1996, and separated June 1, 2000. There are no minor children.
Keiser
Cecelia F. Keiser, North Union Drive, Winona Lake, and Larry R. Keiser, Battle Creek, Mich. They were married March 6, 2000, and separated March 25, 2001. There are no minor children.
Mast
Robyn L. and Robert Mast Jr., Edgewater Avenue, Syracuse. They were married March 1, 2001, and separated May 11, 2001. There are no minor children.
Owens
Phil L. Owens, West CR 1000S, Akron, and Maudie M. Owens, Ind. 14W, Silver Lake. They were married Dec. 28, 1998, and separated May 8, 2001. There are two minor children.
Powell
Richard A. Powell, East CR 1250N, Milford, and Amber R. Powell, Elkhart. They were married Aug. 18, 1998, and separated in July 2000. There are no minor children.
Rice
Crystal R. Cooper Rice, North Koher Road, Syracuse, and Gregory Rice, East CR 1150N, Milford. They were married Aug. 17, 1997, and separated Oct. 1, 1999. There are no minor children.
Villalovos
Nora Sue Dove-Villalovos, East CR 1150N, Milford, and Andres S. Villalovos, Smith Street, Milford. They were married Nov. 12, 1982, and separated April 13, 2001. There are three minor children.

Circuit Court
Judgments
The following judgments were awarded in Kosciusko Circuit Court with Judge Rex Reed presiding:
Complaints
• Countrywide Home Loans Inc., doing business as America's Wholesale Lender, v. Kristina Wholesale Lender. Plaintiff awarded $142,776.76 by default, plus interest, costs incurred, court costs and foreclosure of mortgage, with sale of real estate to satisfy judgment.
• Bank One/NA v. Timothy G. and Trina L. Pifer, et al. Plaintiff awarded $133,867.89 by default, plus interest, costs incurred, court costs and foreclosure of mortgage, with sale of real estate to satisfy judgment.
Dismissals
The following case was dismissed:
• Kosciusko County Health Department v. James and Kathryn Iden.
The following case was dismissed with prejudice:
• Keybank/NA v. 4-J Enterprises Inc., et al. 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.
• Brian Duffy, 1680 E. CR 225S, Winona Lake. Chapter 7. Assets: $320. Debts: $25,664.
• Jerry and Susan Landwerlen, 107 Jefferson St., Silver Lake. Chapter 13. Assets: $59,400. Debts: $224,976.
• Patrick and Cynthia York, 2205 Marina Drive, Rochester. Chapter 7. Assets: $351,400. Debts: $268,059.