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11-27-2012 Records

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The following events were filed with the Montgomery County Clerk’s Office between Nov. 15 and Nov. 20, 2012. All parties are presumed innocent until proven guilty. For details on these events, visit the public records office or online at www.iowacourts.gov.

Real Estate

MORTGAGE

  • David R. and Tamara R. Devries to Bank Iowa, 6-72-37 SE except Par A NE4 and SE4, 25-73-38 N2 SE, S2 SW and NW.
  • Richard C. Bulkeley, president, Chase Investment Group, Inc., and Oakview Investments Corp., to Susan C. Butler, 19-72-38 E2 SE.
  • Tyler G. Jennings to James C. and Janet L. Norris, Red Oak original plat Blk 36, Lts 7 and 8.
  • Dorothy R. and Floyd W. Hamman to Great Wetern Bank, Red Oak Alix addition Blk 6, Lts 2 and 3.
  • Thomas L. and Carrie S. Gray to Bank Iowa, Red Oak Northeastern addition Lts 1 and 2, Crawford’s SD.
  • Earl W. Woods to Mortgage Electronic Registration Systems, Inc. and Iowa Bankers Mortgage Corporation, Red Oak original plat Blk 20, Lt 11.
  • Marian I. Stewart, trustee, and Stewart family trust to Farm Credit Services of America, 25-73-36 S2 NW.
  • Jeffery F. and Lori J. Jansky to Bank Iowa, 22-72-38 NW SE Lts 1 and 2.
  • Kevin and Paula Marie Klepinger to Farm Credit Services of America, 33-72-38 NW SW Par A.
  • Robert L. and Kathryn J. Carlson, members, and Oak Valley LLC, to Bank Iowa, 27-71-39 W2 SW, 26-71-39 N2 NW and W2 NE.

TRUSTEE’S DEED

  • Frank R. Krejci, revocable trust and trustee to David R. and Tamara R. Devries, 6-72-37 SE except Par A NE4 and SE4.
  • Edward H. Hartmann, trustee, and Julia A. Hartmann to Ricky D. and Julie K. Mellott, 14-73-39 N2 SW.
  • Martha D. Stephenson, trustee, and Stephenson family trust to Marian I. Stewart, trustee and Stewart family trust, 25-73-3 S2 NW.
  • Mary Helen Peterson, trustee to Curtis L. and Ellen Jane Peterson, 29-73-37 NE NW Par A.

DEED-OTHER

  • Montgomery County Sheriff, Steven E. and Gretchen S. Connell and Bank of America, NA, to Federal National Mortgage Association, Red Oak Alix addition Blk 6, Lts 5 and 6.
  • Carmen J. Rooker, Montgomery County Sheriff, Darrin L. and Laura E. Rooker to Wells Fargo Bank, NA., Red Oak Oakview SD Lt 5.

SHERIFF’S DEED

  • Montgomery County Sheriff, John L. Madden and Bank of America, NA, to Federal National Mortgage Association, Red Oak Alix addition Blk 10, Lt 4.

AFFADAVIT/SURVIVING SPOUSE

  • Bruce W. and Janice B. Artherholt to Janice B. Artherholt, 28-72-38 SE NE.

COURT OFFICER’S DEED

  • Mary Jane Gassner, estate, and Beverly Gillespie, executor, to Joyce Kelley, trustee and Kelley revocable trust, 27-72-38 NW Par and Apt 3.

WARRANTY DEED

  • John R. Norris to Tyler G. Jennings, Red Oak original plat Blk 36, Lts 7 and 8.
  • Steven S. Bowser to Thomas L and Carrie S. Gray, Red Oak Northeastern addition, Lts 1 and 2.
  • Doris A. Triplett to Earl W. Woods, Red Oak original plat Blk 20, Lt 11.
  • Ivan D. and Bonnie D. Husa to Ivan D. and Bonnie D. Husa, revocable trust and trustees, 3-71-37 SW NW.
  • Jeffrey Allan and Paula Sue Fastenau to Kevin and Paula Klepinger, 33-72-38 NW SW.
  • Iris J. McAnly to Douglas G. and Carol G. Allensworth, Red Oak original plat Blk 7, Lt 8.

QUIT CLAIM DEED

  • Kimberly K. Reich to Bruce D. Reich, Red Oak Willard’s addition Lt 1 and 18, Red Oak Northeastern addition Blk 8, Lt 6.
  • Martha Linn, president, and Villisca Ax Murder House, Inc., to James Raymond Hammerstrom, Villisca original plat Lt 230 S2 and E2.

RERECORD/CORRECT DEED

  • Ivan D. and Bonnie D. Husa to Ivan D. and Bonnie D. Husa, revocable trust and trustees, 3-71-37 SW NW.

Criminal

  • Aggravated, State of Iowa vs. Dennis Ray Peck, 56, 208 E. Cherry, #6, Red Oak, indecent exposure, found guilty, sentenced to 130 days jail with credit for time served, costs and attorney fees.
  • Aggravated, State of Iowa vs. Paul Earl Lemburg II, 31, 602 Reed St., Apt. B, Red Oak, possession of a controlled substance, found guilty, driver’s license suspended for 180 days, fined surcharges, costs and attorney fees.
  • Aggravated, State of Iowa vs. Justin Wayne Swartz, 34, 205 1st St., Grant, child endangerment, no injury, arraignment set for Dec. 10.
  • Aggravated, State of Iowa vs. Julia Marie Sheler, 18, 615 N. 10th St., Clarinda, assault with intent to inflict serious injury, order appointing counsel at state expense, trial set for Dec. 4, held on $2,000 bond.
  • Felony, State of Iowa vs. Kyle Steven Chambers, 26, 203 W. Randolph, Randolph, theft second degree, pled guilty, deferred judgment, probation for two years, restitution to victim of $9,640.40 plus $750 civil penalty, costs and attorney fees.
  • Felony, State of Iowa vs. Michael Lisle Parson, 28, Stillwater, Okla., theft second degree, found guilty, sentenced to five years in prison, suspended, two years’ probation, restitution, costs and attorney fees.
  • Felony, State of Iowa vs. Alicia Marie Terry, 22, 1660 E. Summit, Apt. 212, Red Oak, theft second degree, order appointing counsel at state expense, deferred judgment, two years’ probation, restitution plus $750 civil penalty, costs and attorney fees.
  • Simple misdemeanor, State of Iowa vs. Kevin Eugene Jennings, 41, 303 E. Lem, Red Oak, possession of drug paraphernalia, violation of probation, probation revoked, sentenced to serve remaining 10 days of original sentence.
  • Simple misdemeanor, State of Iowa vs. Julia Marie Sheler, 18, 615 N. 10th St., Clarinda, theft fifth degree, order appointing counsel at state expense, trial set for Dec. 4.
  • Simple misdemeanor, State of Iowa vs. Samantha L. Bommer, 21, 800 N. 20th St., Clarinda, theft fifth degree, summons on Nov. 27.
  • Simple misdemeanor, State of Iowa vs. Michael Kent Webb, 26, 1900 Forest Ave., Red Oak, assault, summons on Nov. 27.
  • Simple misdemeanor, State of Iowa vs. Trevor Troy McAlpin, 28, 1375 160th St., Red Oak, harassment third degree, summons on Dec. 4.
  • Simple misdemeanor, State of Iowa vs. David Lawrence Howe, 50, Red Oak, trespass less than 200 feet, trial set for Dec. 11.
  • Simple misdemeanor, State of Iowa vs. Shelby Joann Olivares Long, 42, 410 W. Washington, Red Oak, consumption/intoxication, found guilty, fined $100 plus surcharges and costs, sentenced to 30 days jails, 29 suspended, probation to court in one year, defendant shall be fingerprinted.
  • Simple misdemeanor, State of Iowa vs. Thomas Oscar Anderson, 53, 103 E. Valley St., Apt. B., Red Oak, theft fifth degree, summons on Nov. 27.
  • Serious misdemeanor, State of Iowa vs. Jessica Lea Moorehead, 20, 1404 Bryn Mawr Dr., Atlantic, possession of drug paraphernalia, found guilty, fined surcharges, costs and attorney fees, court set attorney fees at $546 plus expenses of $77.70.
  • Serious misdemeanor, State of Iowa vs. Steve Lester DeLong, 62, 308 1st Ave., Red Oak, driving while license is denied or revoked, pled guilty, sentencing set for Nov. 26.
  • Serious misdemeanor, State of Iowa vs. Devin Alexander Davis, 22, 1508 N. 2nd St., Red Oak, possession of a controlled substance, plea and sentencing set for Dec. 3.
  • Serious misdemeanor, State of Iowa vs. Rodney Lee Winroth, 64, 501 E. Ohio Ave., Red Oak, operation of motor vehicle with expired license, guilty, fined $200 plus surcharges and costs.
  • Serious misdemeanor, State of Iowa vs. Kenneth Eugene Stroup, 50, 1007 Riverview Dr., Red Oak, dependent adult abuse – otherwise intentionally/knowingly, order appointing counsel at state expense, arraignment set for Dec. 10.
  • Serious misdemeanor, State of Iowa vs. Kaylie Louise Hudson, 18, 411 N. 7th St., #9, Red Oak, false report of indictable crime to law enforcement, arraignment set for Dec. 10, $1,200 cash-only bond.
  • Serious misdemeanor, State of Iowa vs. Devin Devin Alexander Davis, 22, 1508 N. 2nd St., Red Oak, possession of a controlled substance, order appointing counsel at state expense, arraignment set for Dec. 10.
  • Serious misdemeanor, State of Iowa vs. Mason Philip Roach, 18, 508 E. Washington, Red Oak, possession of a controlled substance, order appointing counsel at state expense, arraignment set for Dec. 10.
  • Serious misdemeanor, State of Iowa vs. Dennis Raymond Johnson, 45, 1007 E. Corning, Apt. 1, Red Oak, assault causing bodily injury, summons on Dec. 4.

Small Claims

  • Jimken, Inc., Red Oak and Paulette Jo Unkrur Daniel, 800 E. Senate Ave., Red Oak, vs. Merle Woods, 305 Indian Ave., Hastings, judgment default in favor of plaintiff, $1,512.75 at 2.19 percent interest from Sept. 5, plus court and accruing costs, appeal hearing continued to Nov. 19, appeal dismissed, charged $185 appeal costs.
  • Lincoln B. Morse, 301 W. 3rd, Red Oak, vs. Clinton Joe Hans England, Red Oak, judgment default in favor of plaintiff, $905.42 at 2.18 percent interest from Nov. 20, plus court and accruing costs.
  • Jimken, Inc., Red Oak and Paulette Jo Unkrur Daniel, 800 E. Senate Ave., Red Oak, vs. Barbara Darlene Wilson, 2404 N. 8th St., Lot 6, Red Oak, judgment default in favor of plaintiff, $1,000 at 2.18 percent interest from Nov. 20, plus court and accruing costs.
  • David L. and Doni Vodicka, 511 E. Valley St., Red Oak, vs. Heather Hartson and Mike Kutz, 105 E. Maple, Red Oak, dismissed with prejudice, plaintiff shall pay costs.

Traffic

  • Joshua Dean Cooney, 3383 250th St., Villisca, speeding.
  • Heather Jane Franzen, 304 Hilltop Ave., Stanton, operating without registration.
  • Sylvia Marie Daniale Hoffman, 6466 710th St., Cumberland, speeding.
  • Patrick James Colebank, 506 N. 6th St., Apt. B., Red Oak, violation of financial liability coverage.
  • Nicholas John Michael Farwell, 505 E. 3rd St., Villisca, ATV or ORUV operation on highway.
  • Timothy Arthur McCulley, 4827 76th St., Urbandale, speeding.
  • Jazmyne Labri George, 1010 E. Coolbaugh St., Red Oak, speeding.
  • Brandon Michael Howell, 213 LaFayette Ave., Council Bluffs, speeding.
  • Michael D. Fralick, 41268 Rue Chen St., Ponchatoula, La., 10 counts pursuing, killing, trapping, buying and/or selling deer and/or turkey, two counts manner of conveyance loaded gun violations, two counts shooting rifle over water, highway or railroad tracks, two counts non-resident deer license violation, abandonment of dead or injured wildlife, no habitat fee or validation.
  • Brad Andrew Bloes, 1386 SW 179th Ct., Beaverton, Ore., speeding.
  • Douglas Harl Clark, 117 W. 2nd, Grand River, speeding.
  • Ronnie Dale Brayton, 302 SW 2nd St., Red Oak, failure to carry registration card.
  • Dixie Jean McCuen, 102 W. 3rd St., Villisca, speeding.
  • Pamela Jean Price, P.O. Box 132, Grant, operation of motor vehicle with expired license.
  • Ann Marie Borem, 305 E. Nuckols, Red Oak, speeding.
  • David Allen Ryan, 1672 A. Ave., Shenandoah, driving while license is denied, suspended, cancelled or revoked.

Dismissals

  • Alexandra Marie Sindt, 21, possession of drug paraphernalia, dismissed.
  • Shelby Joann Olivares Long, 42, breach of peace, dismissed.
  • Dennis Ray Peck, 51, interference with official acts, bodily injury, dismissed.

OWI

  • Filed Nov. 15, Alexandra Marie Sindt, 21, 63515 Tucson Rd., Grant, first offense, sentenced to 30 days jail, all but two suspended with credit for time served, in lieu of jail must attend Bluffs program within 60 days, fined $625.
  • Filed Nov. 19, Kyle Elliott Smith, 28, 103 E. Nishna Rd., Shenandoah, third offense, preliminary hearing set for Dec. 11, order appointing counsel at state expense.
  • Filed Nov. 19, Jesus Rodriguez Garcia, 21, 308 E. Maple, Red Oak, first offense, preliminary hearing set for Dec. 10, order appointing counsel at state expense.

Arrests

  • Filed Nov. 16, Kyle Elliott Smith, 28, Shenandoah, operating while intoxicated-third offense, $5,000 bond.
  • Filed Nov. 17, Jesus Garcia-Rodriguez, 21, Red Oak, operating while intoxicated-first offense, $1,000 bond.
  • Filed Nov. 17, David Lawrence Howe, 50, Red Oak, trespass, $300 bond.
  • Filed Nov. 17, John Duke Reno, 26, Council Bluffs, driving while suspended, $566.25 bond.
  • Filed Nov. 19, Shelby Joann Olivares, 42, E. Maple St., Red Oak, public intoxication, $300 bond.
  • Filed Nov. 20, Jessie Bruce Fitzwater, 25, Villisca, valid Missouri warrant for possession of marijuana up to 35 grams, held on no bond for Nodaway County, Missouri.
  • Filed Nov. 20, Larry Eugene Hall, 47, E. Hammond St., Red Oak, public intoxication, $300 bond.
  • Filed Nov. 21, Jesus Santiago Rodriguez, Jr., 46, Elliott, OWI second offense, no driver’s license, $2,465 bond.
  • Filed Nov. 21, Ronald William Jennings, 33, Tabor, possession of a controlled substance, interference with official acts, $2,000 cash only bond.
  • Filed Nov. 22, Cody Keen Blystone, 21, Red Oak, OWI first offense, reckless driving, $1,000 bond.
  • Filed Nov. 22, Amber Renee Marsh, Red Oak, theft fifth degree, $300 cash only bond.
  • Filed Nov. 23, Kyle William Chase, 28, Red Oak, criminal mischief third degree, $2,000 cash bond.
  • Filed Nov. 24, Garrett Alan Winther, 29, Villisca, possession of a controlled substance, possession with intent to deliver, possession of contraband inside a jail facility, $50,000 cash bond.
  • Filed Nov. 24, Natosha Myree Cralley, 27, Red Oak, possession of a controlled substance, unlawful possession of prescription pills, $1,000 cash bond.
  • Filed Nov. 25, Jacob Loran Johnson, 23, Red Oak, operating while intoxicated-second offense, $2,000 bond.
  • Filed Nov. 25, Cassandra Lynne Derose, 21, Fredericksburg, Va., driving while suspended, speeding. $566.25 bond.

Incidents

  • Between Nov. 20 and 23, person(s) unknown stole a 2000 Buick Century, four-door, tan in color with Iowa dealer plates D1149 from Omaha/Red Oak Livestock Market at 1151 200th St. On Nov. 23 at 7 a.m., the car was located at 240th and J Ave. with an estimated $4,000 damage. The car belonged to Hawkeye Ford.
  • On Nov. 22 at about 3 p.m., deputies of the Montgomery County Sheriff’s Office investigated a burglary at the Villisca Axe Murder House. Upon arrival, deputies determined that individual(s) entered the structure by forced entry. Once the individual(s) made entry, they broke a ceramic crock in the kitchen and scattered belongings around the house. The damage is approximately $350.

Accidents

  • On Nov. 16 at about 2:55 p.m., Red Oak Police Department officers were called to the intersection of Hwy 48 and Hwy 34 on a reported two-vehicle accident with possible injuries. Upon officer arrival, a Suburban, operated by Neva Slump, 79, Henderson, was sitting to the east of the intersection on the eastbound shoulder of Hwy 34. A Pontiac Grand Prix, operated by Angela Newlon, 46, Red Oak, was sitting in the southwest corner of the intersection, with the vehicle facing west. The investigation revealed Slump had stopped at the stop sign and proceeded eastbound on Hwy 34. Newlon had left the southbound stop sign on Hwy 48. As Slump pulled away from the stop sign, she struck the passenger side, rear, of the Newlon’s Grand Prix. The impact caused Newlon to spin around. Red Oak Fire and Rescue had been dispatched at the same time as law enforcement. They checked the individuals or injuries and both refused transport to medical facility. A citation for failure to obey a stop sign shall be issued to Slump. The investigation is complete at this time.
  • On Nov. 18 at about 12:16 p.m., Red Oak Police Department officers were dispatched to a two-vehicle, non-injury accident. Upon arrival, officers observed that the front right portion of a Buick LeSabre, operated by Mildred Connell, was partially under the left rear corner of a parked Dodge Ram. Upon speaking to Connell, officers discovered there was a vehicle parked on the south side of E. Elm St. in the 600 block. Connell went around that vehicle, overcorrected and struck the Dodge Ram. Connell’s vehicle was towed away due to the amount of damage. The Dodge Ram had been properly parked. There were no injuries reported to officers at the time of the investigation. There were no citations issued at the time of this report.
  • On Nov. 18 at about 8:34 p.m., the Montgomery County Communications Center received a call of a single vehicle rollover accident in the 1900 block of K. Ave. northeast of Red Oak. Upon investigation, it was determined that a 1990 Nissan D21 pickup, owned and operated by Danny Leroy Lewis, 45, Red Oak, was northbound on K Ave. when the vehicle crossed the roadway and entered the west ditch causing a rollover. Lewis was extricated by Red Oak Fire and Rescue and transported to Montgomery County Memorial Hospital. Damage is estimated at $2,500. Alcohol was a factor in the accident and charges are pending. The sheriff’s office was assisted by Red Oak Police Department and the Red Oak Fire and Rescue.
  • On Nov. 20 at about 11:06 a.m., the Montgomery County Communications Center received a call of a single vehicle accident with no reported injuries on Union Ave. and 242nd St. Upon arrival, deputies determined that Mary Lynn Kuzemko, 51, Villisca, was operating a red 2002 Volkswagon Beetle owned by Darryl Kuzemko, also of Villisca. Kuzemko reported she came over the hill and lost control of the vehicle due to the loose gravel. This caused the Kuzemko vehicle to slide into the east ditch rolling over once where it lad to rest on its wheels. Kuzemko refused any medical treatment and did not receive any citations. Deputies estimate the Kuzemko vehicle to be totaled.
  • On Nov. 21 at about 12:16 p.m. Red Oak Police Department officers were called to a property damage accident at US Hwy 34 and N. Eastern Ave. Upon arrival, officers found both vehicles on the northeast side of the intersection on the shoulder. It was determined that a 2002 Ford F250 pick-up, driven by Anthony Allen Gage, 30, Villisca, was eastbound on US Hwy 34 and was approaching N. Eastern Ave. There is a slow lane on the south side of Hwy 34. There was a vehicle in the slow lane that was turning south on N. Eastern Ave. The turning vehicle was slightly ahead of Gage. A 2007 Lexus ES350, driven by Margaret Marie Shipley, 77, Red Oak, was northbound on N. Eastern Ave. and had stopped at the stop sign. Shipley saw the turning vehicle, but did not see Gage’s pick-up. Shipley pulled away from the stop sign and into the intersection, striking Gage’s pick-up on the passenger side. Both vehicles were towed. There were no injuries. Shipley was issued a citation for failing to yield from a stop sign.
  • On Nov. 25, The Montgomery County Communication Center received a report of an accident that had occurred in the alley in the 100 block of E. 5th St. in Villisca. Upon arrival, deputies determined that a 1994 Cheverolet pick-up, owned and operated by Daniel John Larsen, Villisca, was backing from the driveway of his residence when the brakes on the truck failed. The Larsen vehicle struck a storage/utility building causing about $500 damage. The owner of the building has yet to be notified.