2015-10-15 / Court News

34th Circuit Court

The following cases were heard in 34th Circuit Court, Roscommon, Sept. 1:

Henry A. Carter, 51, Houghton Lake, charged with assault with a dangerous weapon, had his bond amended (increased to $25,000) per the people’s request.

Elizabeth Porter, 49, Houghton Lake, at a probation violation hearing, had her probation amended per the people’s request. The probation stems from a conviction on a charge of abandoning/cruelty to animals.

David S. Storey, 23, Houghton Lake, was sentenced on a charge of malicious destruction of building between $1,000 and $20,000 to a one-year delay of sentence, 12 months probation, $100 in costs, a $250 attorney fee, a $60 DNA sample fee, $21,850 in restitution and $198 in other court assessments.

Wayne A. Kreft, 19, St. Helen, was sentenced to 12 months in jail (credit for 64 days) with 64 days to be served and the balance held in abeyance, 18 months probation, $100 in fines and costs, a $50 attorney fee and $198 in other court assessments. He had pleaded guilty to third degree fleeing and eluding.

Arthur J. Umphrey Jr., 64, Roscommon, was scheduled for a jury trial for Dec. 2 on charges of driving while intoxicated, third offense, and transporting alcohol in an open container.

Robert L. Ford, 21, Blissfield, pleaded guilty to probation violations and was sentenced to two concurrent terms of nine months and 11 months in jail (credit for 125 days). He was to be discharged from probation without improvement. Probation stemmed from convictions on larceny from a vehicle, retaining a financial transaction device without consent and illegal use of a financial transaction device.

Misty A. Clark, 38, St. Helen, failed to appear for a show cause heard regarding nonpayment of court-ordered fines and costs and a bench warrant was authorized (and subsequently signed). Probation stemmed from a conviction on a charge of breaking and entering with intent.

Quentin J. Waters, 37, West Branch, paid his court assessments in full and was discharged from probation. The probation stemmed from convictions on charges of impaired driving, third offense, and unlawfully driving away a motor vehicle.

John A. Rudolph, 60, Jonesville, pleaded guilty to a probation violation and was sentenced to 10 days in jail (no credit) and the judge signed an order amending probation. The probation stemmed from a conviction on charges of driving while intoxicated, second offense, and transporting alcohol in an open container.

Civil cases heard Sept. 8:

No. 15-72-2439, Michael Steele vs. Elisabeth Steele, divorce granted and judgment signed; No. 15-72-2459, Roscommon Township vs. Levi Smith, plaintiff motion for alternative service was granted; No. 15-72-2474, Roscommon Township vs. Linda A. Stensrud, parties came to agreement to dismiss; No. 14-72-1789, Roscommon Township vs. Lorenc’s Beach Haven Resort, el al, judge signed order to hold defendants in abeyance until they are able to form and have approved by government agencies a new condo project (attorneys met in chambers for status conference); No. 14- 72-2216, John M. Bresler and Victoria L. Bresler vs. Lyon Township, et al, status conference held via phone call in chambers; No. 15-72-2435, Robert B. Hardwick Trust vs. Gerrish Township, et al, status conference held via phone call in chambers; No. 15-72-2599, plaintiff JG Wentworth Originations, motion to approve structured settlement was granted (final order or judgment filed/order granting JG Wentworth petitions seeking court approval of purchase of structured settlement payment rights); No. 14-72-2015, Aaron Senak vs. Continental Casualty Company and the Continental Insurance Company, agreement has been reached by parties/order signed and final order or judgment filed; No. 15-72-2315, Bank of America National vs. Christopher Kreft, et al, defendant found in default (last defendant only)/all other parties already adjudicated and default judgment order quieting title signed; No. 14-72-1994, Ronald Pike and Sharon Pike vs. Neal Carson and Carol Carson, attorneys met in chambers; No. 04-72-5031, Elmer’s Crane and Dozer, Inc., vs. AWM Corporation and Joseph Doa, plaintiff’s motion to renew judgment was granted; and No. 14-72-1894, Mary Ellen Grba vs. Kenneth P. Beck and Hanover Insurance Company, final settlement signed.

Lawsuits filed

No. 15-72-2524, Roscommon Township vs. Pamela S. Hinch, Romulus, zoning ordinance violation complaint; No. 15-72-2532, Wells Fargo Bank vs. Carleton Crockett, Roscommon, A&A North American Financial, Asset Acceptance, USA, and North Central Area Credit Union, judicial foreclosure and judicial discharge of secured interest; No. 15-72- 2542, Village of Roscommon vs. Douglas D. Smith, Roscommon, dangerous building and blight condition; No. 15-72-2543, Village of Roscommon vs. Robert and Pamela Vineyard, Roscommon, dangerous building and blight condition; No. 15- 72-2549, Jane H. Currie, Dearborn, and Jane H. Currie Living Trust vs. John A. and Peggy L. Currie, Dearborn, reformation of a land title instrument based upon mutual mistake; No. 15-72-2550, Keenan M. Fortune, St. Helen, vs. Tyler Phillip Thompson, Houghton Lake, and Sherry L. Miller, Roscommon, negligence (car accident), Ct. I, automobile negligence/ gross negligence and wilful and wanton misconduct of Tyler Phillip Thompson and Ct. II, liability of Sherry Louise Miller, owner liability statute MCL 257.401 and negligent entrustment; No. 15-72- 2562, Karen King, Farmington Hills, vs. Perry English, Lake George, negligence (car accident); No. 15-72-2579, Vincent E. Kinsel vs. Secretary of State, petition to set aside mandatory additional revocations that occurred prior to Oct. 1, 1999 on hardship grounds; No. 15-72-2582, Richfield Township vs. David Bidoul, care of Charles Egeler Reception Guidance Center, Jackson, Melissa Bidoul, St. Helen, and Craig A. and Gail A. Hughey, West Branch, blight ordinance violation complaint; No. 15-72-2583, Louis Telerico, Westland, vs. James Haverstick Jr., Houghton Lake, doing business as J&D Auto Service, breach of bailment contract, conversion - common law and violation of MCL 600.2919a, breach of contract and unjust enrichment; No. 15- 72-2589, Federal National Mortgage Association vs. Robert T. and Kathleen A. Lipke, Chesterfield, quiet title, reformation of mortgage and equitable mortgage; and No. 15-72-2590, The Bank of New York Mellon Trust Company, National Association, formerly known as The Bank of New York Trust Company, N.A., as successor to JP Morgan Chase Bank, N.A., as trustee for Residential Asset Mortgage Products, Inc., mortgage assetbacked pass-through certificates, series 2006-RS4, a national association, vs. Louis H. Bitto IV, Caesarino D. Palmieri Jr., James M. Pittman, Joann J. Pittman, Duaine M. Pittman, Tracy L. Pittman and David Phelps, all individuals, reformation of deeds, reformation of mortgage and assignment of mortgage, recovery of amounts due under promissory note and to foreclose on mortgage.

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