Times-Union Court News 02-05-2002



Marriage Licenses
The following couples have applied for marriage licenses in the office of Kosciusko County Clerk Sharon Christner:
• Danny Ray Davis, 47, and Sheryl Francis Matthews, 55, both of Ind. 25, Mentone.
• Mark Eugene Flaugh, 40, and Tammi K. Raisler, 31, both of West CR 250S, Warsaw.
• Ronald D. Landis, 31, and Kathy J. Piper, 43, both of North CR 175E, Warsaw.
• Orlando Leon Casas, 24, and Maria Guadalupe Garcia Morales, 23, both of Wooster Road, Winona Lake.
• Eric L. Welty, 40, EMS B20C1 Lane, Pierceton, and Lisa S. Love, 35, East South Barbee Drive, Pierceton.
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 $329.50 in court costs:
Driving While Intoxicated – Fined $25 in December, sentenced to six days in jail and license suspended 90 days was David W. Marcey, Leesburg.
Fined $500 in November, sentenced to six days in jail and license suspended 90 days was Glen A. Ellis, Syracuse.
Fined $50 in September, sentenced to six days in jail and license suspended 90 days was Danny L. Hackworth, Silver Lake.
Fined $70.50 in August, sentenced to six days in jail and license suspended 90 days was William Roberts, Warsaw.
Fined $70.50 in July, sentenced to six days in jail and license suspended 90 days was Janice Gressley, Claypool.
Fined $70.50 in May, sentenced to six days in jail and license suspended 90 days was Larry Sizemore, Warsaw.
Fined $50 in April, sentenced to six days in jail and license suspended 90 days was Cynthea Campbell, Warsaw.
The following people also paid $129 in court costs:
Illegal Possession Of Alcohol By A Minor – Fined $46 in December were Ronald C. Maggert, Syracuse, and Joshua Elliot, Warsaw.
Judgment (court costs only) in August against Christopher Hammond, Warsaw.
Public Intoxication – Fined $21 in September was Amber L. Reed, Warsaw.
Judgment (court costs only) in September against and sentenced to four days in jail was Robert D. Rice, North Webster.
Fined $46 in July was Terry Engstrand, Atwood.
Fined $50 in January 2001 was Troy D. Howard, Warsaw.
Disorderly Conduct – Judgment (court costs only) in September against and sentenced to four days in jail was Robert D. Rice, North Webster.
Domestic Battery – Fined $1 in August was Benson Netherland, Warsaw.
Being A Minor In A Tavern – Fined $1 in August was Christopher Hammond, Warsaw.
Battery – Fined $71 in August was Shawn P. Gatke, Warsaw.
Conversion – Fined $100 in July and sentenced to 10 days in jail was James C. Graff, Syracuse.
Criminal Trespassing – Fined $71 in July and sentenced to six days in jail was Ralph E. Crawford, Warsaw.
Possession Of Marijuana – Fined $21 in July, ordered to pay a $200 drug interdiction fee and license suspended 180 days was Steven Klinger, Warsaw.
The following people also paid $79.50 in court costs:
Speeding – Fined $100 in July was Dora E. Miller, 18, Warsaw.
Fined $27 in December were Jason Sumpter, 23, Warsaw; Gabriel Murillo, 20, Warsaw; Devon D. Schwartz, 19, Nappanee, and Christina K. Tevis, 33, Cromwell.’
Fined $27 in September was Todd M. Liepold, 33, Cromwell.
Fined $27 in June were Andrew Hastings, 19, North Webster, and Guadencio Moyotl, 23, Warsaw.
Fined $27 in March was Andrew J. Hastings, 19, Warsaw.
Fined $23 in April was Trenton S.Smith, 21, Warsaw.
Fined $20.50 in June was Russell S. Johnson, 21, Syracuse.
Fined $12 in December were Jason M. Hudkins, 29, Rochester; Amanda L. Sawyer, 23, Warsaw; Adam N. Packer, 16, North Webster; Stacy L. Michel, 28, North Manchester; Albert G. Schafer, 62, Syracuse; and Derrick E. Brown, 23, Warsaw.
Fined $12 in November was Katrina M. Spurcock, 35, Nappanee.
Fined $12 in July was Roger Blanton, 37, Rochester.
Fined $7 in October was Roxanne M. Rose, 21, Syracuse.
Expired Plates – Fined $7 in December were Robert D. Swinger, 40, Warsaw, and Clara A. Gorman, 48, Warsaw.
Fined $7 in August was Randall Nelson, 47, Warsaw.
Fined $7 in May was Andrew C. Latham, 23, Warsaw.
Fined $7 in April was Michael A.Vining, 27, Claypool.
No Valid License – Fined $7 in December were Valentino Gonzalez, 31, Warsaw; Clara A. Gorman, 48, Warsaw; and Linzie E. Mote Jr., 37, Cromwell.
Fined $7 in November was Sara J. Longacre, 24, Warsaw.
Driving Left Of Center – Fined $7 in December was Debra J. Miller, 18, Nappanee.
False Registration – Fined $7 in December was Marshall B. Slone, 21, Winona Lake.
Fined $7 in October was Michael A. Vining, 27, Warsaw.
Fined $7 in July was Reca S. Pickens, 30, Warsaw.
Driving Without Proof Of Financial Responsibility – Fined $50 in October was Michael A. Vining, 27, Warsaw.
Fined $50 in June was Chasta L. Flory, 28, Warsaw.
Failure To Yield – Fined $25 in May was Kameron J. Brown, 16, Warsaw.
Unsafe Movement – Fined $7 in April was J.A. Hastings, 19, Warsaw.
Failure To Signal – Fined $7 in April was J.A. Hastings, 19, Warsaw.
Disregarding A Stop Or Yield Sign – Fined $7 in March was Christopher, 17, Winona Lake.
Driving While Suspended – Fined $100 in January 2001 was Jared A. Young, 24, Syracuse.
The following people also paid $79 in court costs:
No All-Terrain Vehicle Registration – Fined $7 in December was Garry A. Baker, 59, Atwood.
Failure To Possess Hunting Or Fishing License – Fined $7 in October was Brad A. Dye, 20, Warsaw.
The following people were assessed no court costs:
Violation Of Seat Belt Law – Fined $20 in December were Jason Truex, 20, Etna Green; Linda S. Stump, 50, Pierceton; Wayne F. Please, 36, Syracuse; Jeremy J. Pulsipher, 23, Winona Lake; Emily G. Clark, 24, North Webster; Marlin J. Fitzgerald, 57, Winona Lake; Andrew M. Keith, 31, Warsaw; Vanessa G. Hollan, 28, Burket; Emily G. Clark, 24, North Webster; Rickey E. Fields, 36, Akron; Billy Truex, 17, Etna Green; and Mark A. Cole, 47, Winona Lake.
Fined $20 in November were Shawn R. Jones, 27, Pierceton; Gary M. Hinkle, 23, Pierceton; and Barbara J. Bellamy, 53, Claypool.
Fined $20 in September was Robert A. Ford, 35, Warsaw.
The following person was found not guilty of charges:
Battery – (February) Peter J. Radcliffe, Warsaw.
Charges were dismissed against the following people:
Driving Having Never Received A License – (September) Danny L. Hackworth, Silver Lake.
Check Deception – (August) Jeff Marshall, Warsaw; Danny Baker, Warsaw.
Disorderly Conduct – (July) Jeffrey A. Weaver, Syracuse; (May) Larry Sizemore, Warsaw.
Driving While Suspended – (January 2001) Laura Kats, Syracuse.
Superior Court I
Filings
The following petitions were filed in Kosciusko Superior Court I with Judge Duane G. Huffer presiding:
Complaints
• EquiCredit Corp. v. Sharon K. Watson, East Asbury Lane, North Webster, and Anthony Wayne Credit Adjusters, Fort Wayne. Plaintiff seeks $44,357.74 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.
• Conseco Finance Servicing Corp., formerly known as Green Tree Financial Servicing Corp., v. John A. and John Pursley Jr., and Patricia Everly, all of North CR 175E, Warsaw. Plaintiff seeks $38,818.40 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.
• National City Bank v. Stephanie Dilley, West Lafayette. Plaintiff seeks $2,141.88 due on promissory note, plus interest, $750 in attorney fees and court costs.
• Beneficial Indiana Inc., doing business as Beneficial Mortgage Co. of Indiana, v. the following people for the amounts noted due on accounts, plus interest, attorney fees and court costs: Gladys I. Heiman, North Lake Street, Syracuse, $16,386.38, and Rickey and Amber Mulldune, Hillside Drive, Warsaw, $17,369.98.
• CreditMax Inc. v. the following people for the amounts noted due on contracts: Nicholas Ruch, Kimmell, and Shawna Plamer, Anderson, $7,730.96, and Sherry A. Laroe, Angola, $4,840.
• Midland Credit Management Inc. v. Cheri Moore, North Denzel Drive, Syracuse. Plaintiff seeks $10,162.16 due on credit card account, plus interest, attorney fees and court costs.
• Sears, Roebuck & Co. v. Patricia S. Burkholder, Ranch Road, Warsaw. Plaintiff seeks $3,037.41 due on credit card account, plus interest nd court costs.
• Primus Financial Services v. Marco A. Lopez, West Fort Wayne Street, Warsaw. Plaintiff seeks $4,273.26 due on agreement, plus interest, $200 in attorney fees and court costs.
• Platinum Financial Service Corp., as assignee of First Select Inc., v. Gordon S. Johnson, South CR 500W, Silver Lake. Plaintiff seeks $3,949 due on account, plus interest and court costs.
• Vonul Varney v. Thomas R. and Tiffany S. Varney, East CR 500N, Leesburg. Plaintiff seeks $4,195 for breach of oral contract, plus attorney fees and court costs.
• Irwin Mortgage Corp. v. Lawrence P. Fugate, Pierceton, and John Doe, tenant of North Grant Street, Pierceton, residence. Plaintiff seeks $53,557.14 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.
Superior Court I
Judgments
The following judgments were awarded in Kosciusko Superior Court I with Judge Duane G. Huffer presiding:
Complaints
• Affiliated Family Dentist v. Ward B. Manges. Plaintiff awarded $2,183.19 by default, plus interest and court costs.
• Nicklaus Golf Apparel v. The Dutch & Ford Foundation Inc. Plaintiff awarded $9,034.60 by default, plus court costs.
• John Munsell v. William Hambright, Counseling Associates, Kathy Byler and Holy Cross Counseling Group. Judgment entered in favor of the defendants and Munsell awarded nothing by way of his complaint.
• CreditMax Inc. v. Judy A. Bannow. Plaintiff awarded $4,517.36 by default.
• Roy Carl and Terrecia M. Wiley v. Kosciusko County Surveyor Richard J. Kemper and Fred and Deborah King and Leslie Robert Harden, third-party plaintiff, v. Kosciusko County Surveyor Richard J. Kemper and Fred and Deborah King. The court declared that the Kosciusko County surveyor was without jurisdiction to perform the legal survey commissioned in this matter by the Kings, who are not adjoining landowners, and recorded survey is declared void. Harden is declared owner of the real estate in question and the title is ordered quieted. Court costs taxed to the Kings.
• Teachers Credit Union v. Christopher Hall. Plaintiff awarded $10,074.97 by default, plus court costs.
• One Beacon Insurance Co. v. Terry A. and Grace E. Woodling, legal guardians and custodial parents of Amanda N. Wright, a minor. Plaintiffs awarded $5,401.55, plus court costs.
• Sky Bank – Mid Am Region v. Michael F. Poehler, et al. Plaintiff awarded $19,564.87 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.
• Irwin Mortgage Corp. v. Henry M. and Connie S. Nichols. Plaintiff awarded $112,815.95 by default, plus interest, $750 in attorney fees, costs incurred, court costs and foreclosure of mortgage as prior to other liens, with sale of real estate to satisfy judgment.
• Platinum Financial Servicing Corp. v. Mollie C. Reyna, also known as Mollie C. Eisinger, and Rudoph Reyna. Plaintiff awarded $1,511.26 by default, plus interest and court costs.
• Beneficial Indiana Inc. v. Robert W. and Donata K. Sturgill. Plaintiff awarded $4,441.66 by default, plus interest and court costs.
• SAC Finance Inc. v. William D. Roberts. Plaintiff awarded $7,583.55 by default, plus interest and court costs.
Dismissals
The following case was dismissed with prejudice:
• Sara J. and Chris Longacre and Brienna A. and Alexandria A. Longacre, minors by Chris and Sara Longacre, v. Brendt L. and Virginia Smith.
The following cases were dismissed without prejudice:
• Conseco Finance Servicing Corp. v. Brian D. and Joanna L. Cartwright.
• Providian National Bank v. Linda S. Miller. Court costs taxed to plaintiff.
Marriage Dissolutions
The following dissolutions were finalized on the dates indicated:
• Jennifer L. and Richard A. Sanders Jr. Jan. 25.
• Amy R. and David M. Thompson. Couple awarded joint custody of their minor child. Jan. 25.
• Rebecca S. (former name Conley restored) and Walter A. Winch Jr. Jan. 28.
Other Action
• Carolyn S. and Michael J. Locke v. New Plan Excel Realty Trust Co. This case is referred to mediation, with John W. Whiteleather Jr. presiding.
Circuit Court
Filings
The following petitions were filed in Kosciusko Circuit Court with Judge Rex Reed presiding:
Complaints
• Joseph and Angela Rice v. Pauline Waterson, West Wayne Street, South Whitley. Plaintiffs seek an unspecified amount in each of two counts to compensate for injuries and damage resulting from an Oct. 12, 2000, auto accident on Ind. 14 in Kosciusko County. Plaintiffs request a trial by jury.
• Manufacturers & Traders Trust Co. v. Miguel and Donna L. Esquivel, North Williamson Drive, Warsaw. Plaintiff seeks $96,029.17 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.
• Washington Mutual Bank, successor by merger to Bank United, v. Robin L. Shipley, East Snow White Road, Cromwell, and Kosciusko County Board of Zoning Appeals. Plaintiff seeks $89,994.23 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.
• Gary Reese v. Larry L. Summy, North CR 175E, Leesburg. Plaintiff seeks an unspecified amount to compensate for injuries and damage resulting from an Aug. 14, 2001, auto accident on CR 200E in Kosciusko County. Plaintiff also seeks court costs and requests a trial by jury.
• Joel and Glenda Martinez and Jennifer Martinez, by her next friend, Joel Martinez, v. Gloria Acker, Newport, Minn. Plaintiffs seek Plaintiff seeks an unspecified amount to compensate for injuries and damage resulting from a June 23, 2001, auto accident at the intersection of U.S. 30 and CR 200N in Kosciusko County. Plaintiffs request a trial by jury.
• Saan A. and April L. Fudge v. Doug Kehler, doing business as Duffel Bag Mini Storage, Warsaw. Plaintiffs seek an unspecified amount to compensate for injuries suffered while Saan Fudge was working on Kehler’s property. Plaintiffs also seek court costs and request a trial by jury.
• Discover Bank v. Derek and Jamie L. Halsey, East Burkhart Drive, Warsaw. Plaintiff seeks $4,226.64 due on contract, plus interest and court costs.
• The Collection Co., formerly known as Financial Services of Whitley County, v. Connie Hatcher, North Second Street, Warsaw. Plaintiff seeks $7,866.97 due on assigned account, plus court costs.
• Harmony Press Inc. v. Creative Iron Designs, LLC, East CR 100S, Pierceton. Plaintiff seeks $13,121.82 due on account, plus interest and court costs.
• United Credit Union v. Jeramy T. Swartz, East CR 400N, Leesburg. Plaintiff seeks $11,083.47 due on promissory notes, plus attorney fees and court costs.
Marriage Dissolutions
Balazs
Beth A. Balazs, Kosciusko County, and Jon C. Balazs, West Cherrytree Drive, Warsaw. They were married June 13, 1992, and separated Jan. 21, 2002. There are two minor children.
Bammel
Timothy J. Bammel, East Hochstetler Road, Syracuse, and Rayna L. Bammel, EMS B60D Lane, Warsaw. They were married Feb. 3, 1979, and separated Oct. 14, 2001. There are two minor children.
Burns
Melissa R. Burns, North CR 875W, Etna Green, and Gregory A. Burns, West Main Street, Syracuse. They were married Sept. 9, 2000, and separated Aug. 13, 2001. There are two minor children.
Dwiggins
Elizabeth and Daniel Roy Dwiggins, East CR 450N, Leesburg. They were married March 28, 1998, and separated Jan. 22, 2002. There is one minor child.
Gareiss
Billie Jo and Warren Scott Gareiss, Brookview Avenue, Warsaw. They were married May 27, 1995, and separated Jan. 21, 2002. There are two minor children.
Humberto/Fortuna
Gayton Humberto, Dot Street, Warsaw, and Laura G. Fortuna, Querretro, Mexico. They were married Nov. 13, 1999, and separated July 16, 2000. There are no minor children.
Meeks
Cheri Meeks, South Carrington Boulevard, Warsaw, and Michael D. Meeks, East Smith Street, Warsaw. They were married June 22, 2000, and separated May 28, 2001. There are no minor children.
Phillips
Jenni Phillips, Old Road 30W, Warsaw, and Willie Phillips, Grand Rapids, Mich. They were married June 14, 2001, and separated Jan. 17, 2002. There are no minor children.
Rhoades
Todd R. and Tamara S. Rhoades, EMS C29 Lane, Warsaw. They were married Oct. 6, 1984, and separated Aug. 1, 2001. There are no minor children.
Sisco
Michelle Sisco, Kuder Lane, Warsaw, and Joseph Sisco, South Mill Street, North Manchester. They were married June 25, 1994, and separated May 5, 2000. There are no minor children.
Young
Tanya Sue Young, Vernon Street, Nappanee, and James Allen Young Jr., Amanda Lane, Milford. They were married Oct. 14, 2000, and separated Dec. 20, 2001. There are no minor children.
Circuit Court
Judgments
The following judgments were awarded in Kosciusko Circuit Court with Judge Rex Reed presiding:
Complaints
• United Credit Union v. Ryan Bussard and Daniel Hill. Plaintiff awarded $9,762.31 by default, plus court costs.
• Bank One/NA v. Brian W. Loy, et al. Plaintiff awarded $151,108.77 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.
• Residential Funding Corp. v. Byron L. Harris. Plaintiff awarded $70,354.90 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.
• Associates Home Equity Services Inc. v. Oscar C. Berkshire, et al. Plaintiff awarded $59,608.68 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.
• Bank One/NA v. Jeffrey L. and Sharon L. Johnson, et al. Plaintiff awarded $72,837.53 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.
Dismissals
The following cases were dismissed:
• New Plan Excel Realty Trust Inc. v. C&C Specialties Inc., doing business as Samuel Mancino’s Italian Eatery and Lisa M. and Lawrence Cochrane.
• Larry Finch v. Deonna F. and Shari L. Casey.
The following cases were dismissed with prejudice:
• Donna I. Seidner v. Wilby’s Gas & Groceries and J. Petroleum Inc., doing business as Pak-A-Sak. This case is dismissed against Wilby’s only.
Marriage Dissolutions
The following dissolutions were finalized on the dates indicated:
• Benjamin L. and Deborah D. Flora. Jan. 23.
• Sandra M. (former name Rhoads restored) and Lynden E. Swanson III. Jan. 24.
• David J. and Rita K. Burkett. Jan. 25.
• Yvonne and William L. Vance. Jan. 25.
• Rhonda M. (former name Stookey restored) and Jerome E. Grant. Jan. 25.
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 Frushour, 331 W. 11th St., Rochester. Chapter 7. Assets: $11,125. Debts: $20,778.
• Ewing and Denise Karnes, 155 S. Williams St., Nappanee. Chapter 7. Assets: $1,320. Debts: $22,955.
• Michael and Yvonne Kubiszewski, 142-1/2 Meadows, Nappanee. Chapter 7. Assets: $2,308. Debts: $19,023.
• Marilyn Tapp, 1725 Colonial Drive #17, Rochester. Chapter 7. Assets: $12,150. Debts: $59,881.

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