2011-03-31 / Court News

34th Circuit Court

Judge Michael J. Baumgartner presided in 34th Circuit Court, Roscommon, March 7 and 8:

No. 10-72-8464, Russell A. Jaynes and RJ Properties of Houghton Lake vs. T&V Properties, Inc., and Wade A. Perry, motion for reconsideration was denied (court retains jurisdiction); No. 10-72-8859, Sheila J. Sensor vs. Barbara L. French and Lorriane M. French (deceased), default judgment quiet title to property was submitted and signed; No. 10-72-8920, Kirtland Community College vs. Larry Holewinski and Bayview Financial Property Trust and Michigan Department of Treasury, motion for entry of default judgment to quiet title was granted; No. 09-72-7781, Carol Snider vs. Maple Valley Investments, LLC, Jose R. Silva, et al, jury trial was set, but parties subsequently reached a settlement agreement and the case was closed; No. 10-72-8558, PNC Bank vs. Dale T. Sandera and Deborah L. Sandera, motion for reinstatement of judgment was granted; and No. 10-72-8780, Rose Acceptance, Inc., vs. Shannon M. Takacs and Kyle M. Scott, plaintiff’s motion for default judgment granting plaintiff monetary award and foreclosing on real property was granted (case is still open).

Kelly A. Jones, 48, St. Helen, stood mute to two counts of resisting and obstructing police and a pretrial was set.

Garrett R. Stillwell, 24, Roscommon, pleaded guilty to four counts of probation violation and was set for sentencing.

Chester C. Gibson, 47, Gladwin, failed to appear at an arraignment on a bond condition violation. A bench warrant was authorized, but was ordered held until March 22 (if he then failed to appear the bench warrant would be entered and bond revoked). Gibson was charged with driving while intoxicated, third offense, and driving with a suspended license.

William A. Jenkins Jr., 45, Houghton Lake, stood mute on charges of larceny in a building, forgery and uttering and publishing. A pretrial was set.

Shane M. Harriman, 22, Perrysburg, was discharged from probation without prejudice as his delayed sentence is up and his fines and costs have been paid.

Daniel F. Davis, 41, Houghton Lake, charged with child sexually abusive activity and using a computer to commit a crime, is ready for trial. The trial was set for June 9.

Matthew J. Thornton, 30, Roscommon, charged with domestic violence, is ready for trial, which was set for June 9.

Holly L. Carnahan, 25, Houghton Lake, charged with seven counts of uttering and publishing, is ready for trial. The trial date was set for June 9.

Shannon A. Schieman, 32, Lapeer, pleaded guilty to two counts of probation violation and was subsequently sentenced to five days in jail.

Alicia M. Fryer, 27, Prudenville, was sentenced on a probation violation to six months in jail and will be discharged from probation without improvement.

David B. Williams, 52, Pontiac, was sentenced to 13 months to five years in prison (credit for 54 days), $250 in costs, a $400 cost of prosecution fee and $198 in other court assessments. He had pleaded no contest to driving while intoxicated, third offense.

Shaun M. Barnett, 31, Angola, IN, was ordered to an extended probation through September of this year. He had been sentenced to a delay of sentence on a charge of delivery/manufacture of marijuana.

Lawsuits filed

No. 9082, The Bank of New York Mellon, formerly known as The Bank of New York, as trustee for the certificate holders CWABS, Inc., vs. Terry R. Swarthout and Laurie A. Swarthout, Roscommon, and America’s Wholesale Lender, complaint for judicial foreclosure; No. 9083, People vs. James P. Gagne, claimant (and Dirk E. Mitchell, defendant/claimant), complaint for forfeiture; No. 9091, John F. Gorte Jr., St. Helen, vs. Secretary of State, petition for hardship driver’s license; No. 9092, Gregory J. Tate vs. Secretary of State, petition to overturn order denying relief on a revoked and denied driver’s license; No. 9095, People vs. Ray Alan Eggleton and Carrie Patrice Eggleton, complaint for forfeiture; No. 9097, People vs. Ray C. Eggleton, claimant, complaint for forfeiture; No. 9099, Yellowbook Sales and Distribution Company, Inc., vs. Holiday on the Lake Restaurant and Lounge, Inc., a Michigan corporation, doing business as Comfort Suites Lakeside, also doing business as Shree Vishnu Incorporated, also doing business as Cadillac Woods Resort and Convention Center, and Mayur Patel, co-obligor, and Joe Hickmott, co-obligor, and Sonny Shah, coobligor, debt collection complaint.

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