1-29-13 Records

The following events were filed with the Montgomery County Clerk’s Office between Jan. 17 and Jan. 23, 2013. 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

AFFADAVIT/SURVIVING SPOUSE

• Darrell L. and Lila Behrens to Lila Behrens, Red Oak Thompson’s addition, Lt 24.
• Paul R. and Lois M. McCoy to Lois M. McCoy, Red Oak Johnson SD 1, Lt 13.
• Wayne E. and Lee Carole Barr to Wayne E. Barr, Red Oak original plat Blk 3, Lt 3.

WARRANTY DEED

• Fred D., Janet L., Edward L., Virginia D. and James Peterson to Billie B. and Chlorina Fitzwater, 27-71-36 NW.

MORTGAGE

• Julie L. and Brian J. Vrba to Great Western Bank, Red Oak Maplewood SD, Lt 24.
• Jeremy W. and Lori L. Gilleland to Great Western Bank, 1-73-38 SW.
• Charles P. Serrault, president, and Serrault Industries, Inc. to Farm Credit Services of America, 9-73-39 SW and SE, 8-73-38.
• Terry L. and Bonnie L. Miller to Mortgage Electronic Registration Systems, Inc. and premier Home Mortgage, Inc., Stanton Center St. SD, Lt 3.
• Craig and Beth Debolt to Great Western Bank to Great Western Bank, Red Oak Frederickson 1st addition, Lt 13.

EXTENSION OF MORTGAGE

• Houghton State Bank to Nancy J. and Ricky Ray Nelson.

COURT OFFICER’S DEED

• Beulah J. Bailey, estate, and Patricia A. Victor, executor, to Patricia A. Victor and Mary L. Kuzemko, 15-71-36 NE.

SPECIAL WARRANTY DEED

• US Bank National Association and Stanwich Mortgage Loan Trust to Doris A. Johnson, Red Oak original plat Blk 31, Lts 11 and 12.

CHANGE OF TITLE

• Marsha D. Larson, Marsha D., Rildabell L. and Eldred Earl Phillips to Marsha D. Larson, Red Oak original plat Blk 44, Lots 9 and 10.

RERECORD/CORRECT MORTGAGE

• Matthew L. and Rebecca M. Peterson to Mortgage Electronic Registration Systems, Inc. and Premier Home Mortgage, Inc., 7-71-37 W2 SE.

MORTGAGE – OTHER

• Montgomery County Soil and Water Conservation District to Helen D. Long, family trust and trustee, 9-72-39 W2.
• Montgomery County Soil and Water Conservation District to Betty Bauer, 23-73-39 SW
• Montgomery County Soil and Water Conservation District to John D. Hanson, 35-71-37 SW and 23-71-37 NE.
• Montgomery County Soil and Water Conservation District to Robert C. Allen, revocable trust and trustee, 1-71-38 N2.
• Montgomery County Soil and Water Conservation District to Ronald Hartstack, 26-71-38 N2.
• Montgomery County Soil and Water Conservation District to Robert Kinser, 9-71-37 NW.

SUBORDINATION AGREEMENT

• Terry L. and Bonnie L. Miller and Great Western Bank, to Premier Home Mortgage, Inc.

MODIFICATION/AMENDMENT OF MORTGAGE

• Douglas D. Cashatt, president, Shelle Cashatt, vice-president, and Cashatt and Sons Corporation to Hougton State Bank, 13-73-39 E2.

Criminal

• Aggravated, State of Iowa vs. Janice Elaine Larson, 55, 504 E. Linden, Red Oak, operation of motor vehicle with expired license, pled guilty, fined $200, court costs and attorney fees of $564 plus $43.40 expenses.
• Aggravated, State of Iowa vs. Sean Duane Elston, 28, 709 E. Maple, Red Oak, domestic abuse/assault with intent or displays a weapon, child endangerment, no injury, pled guilty, all but 22 days jail suspended, sentences to run concurrently with credit for time served, one year probation, no contact order to remain in effect until Jan. 22, 2014, ordered to pay court costs and attorney fees.
• Felony, State of Iowa vs. Corey James Dolph, 22, 508 E. Washington, Red Oak, assault with intent of injury to peace officer and others, violation of probation, found guilty, sentenced to 30 days jail, ordered to pay costs and attorney fees, remain on two years supervised probation.
• Felony, State of Iowa vs. Michael Wayne Parsley, 33, Red Oak, criminal mischief second degree, found guilty, fined surcharges, costs and attorney fees of $252, 90 days jail with credit for time served, reimbursement of $2,288 to Montgomery County Sheriff for room and board.
• Felony, State of Iowa vs. Garrett Alan Winther, 29, 2758 Vine Ave., Villisca, two counts controlled substance violation, led guilty, 10 years suspended jail with credit for time served, three years probation, substance abuse evaluation, driver’s license revoked for 180 days, court costs and attorney fees.
• Felony, State of Iowa vs. Angela Jo Narducci, 38, 1909 N. Eastern Ave., Red Oak, child endangerment, no injury, pled guilty, 1 year deferred civil penalty of $625, court costs and attorney fees.
• Felony, State of Iowa vs. Randall Aron Lane, 35, 104 E. Oak, Red Oak, criminal mischief fourth degree, pled guilty, sentenced to 90 days jail suspended with credit for time served, one year unsupervised probation, ordered to pay victim restitution, court costs and attorney fees, to be served concurrently with simple misdemeanor for assault.
• Felony, State of Iowa vs. Cody Keen Blystone, 21, 107 W. Nuckols St., Red Oak, burglary, third degree, order appointing counsel at state expense, arraignment set for Feb. 11.
• Felony, State of Iowa vs. Jessie Bruce Fitzwater, 25, 131 W. 5th St., Villisca, possession of a controlled substance, third or subsequent, driving while barred, habitual offender, order appointing counsel at state expense, arraignment set for Feb. 11.
• Simple misdemeanor, State of Iowa vs. Desiree Pauline Willis, 21, five counts theft fifth degree, three counts violation of probation, found guilty, ordered to pay restitution to the victims, sentenced to 30 days jail for each count, suspended, one year probation to court, shall be fingerprinted, probation revoked, shall serve remaining 30 days no later than April 23.
• Simple misdemeanor, State of Iowa vs. Treasure Nicole Hurst, 21, 302 S. Iowa, Apt. 32, Shenandoah, two counts theft fifth degree, violation of probation, found guilty, fined $150, surcharges and court costs per each count, 14 days jail suspended, six months probation to court per count, defendant shall be fingerprinted, probation revoked, defendant shall serve remaining 14 days no later than March 1.
• Simple misdemeanor, State of Iowa vs. Michael Dean Wilson, 24, 1215 W. Valley Ave., Shenandoah, possession of drug paraphernalia, found guilty, fined $65, surcharges, court costs and attorney fees, defendant shall be fingerprinted.
• Simple misdemeanor, State of Iowa vs. Ronald Lee Borem, 44, 305 E. 5th St., Villisca, obstruction of emergency communications, found guilty, fined $65, surcharges and court costs.
• Simple misdemeanor, State of Iowa vs. Cassie Ann Phelps, 23, 109 W. Prospect St., Red Oak, harassment third degree, summons to appear Jan. 30.
• Simple misdemeanor, State of Iowa vs. Felicia Dean, 20, 109 W. Prospect St., Red Oak, harassment third degree, summons to appear Jan. 30.
• Serious misdemeanor, State of Iowa vs. Becky Jo Hegarty, 33, 107 E. Ratliff Rd., Red Oak, two counts possession of a controlled substance, pled guilty, fined $315 per count, court costs and attorney fees of $510 plus $65.90 expenses, two days jail with credit for time served, driver’s license suspended 180 days.
• Serious misdemeanor, State of Iowa vs. Amy Jo Ross, 47, 1610 N. 2nd St., Red Oak, possession of a controlled substance, pled guilty, sentenced to 60 days jail, suspended, fined $315, six months unsupervised probation, court costs and attorney fees of $318 plus $38.40 expenses, driver’s license suspended 180 days, substance abuse evaluation.
• Serious misdemeanor, State of Iowa vs. Christy Leigh Shackelford, 32, 610 Northwest Rd. #32, Shenandoah, possession of controlled substance, pled guilty, deferred judgment, one year unsupervised probation, substance abuse evaluation, civil penalty of $315, court costs and attorney fees of $378 plus $48.50 expenses.
• Serious misdemeanor, State of Iowa vs. Gillian Ray James Bourn, 18, 505 S. 4th St., Red Oak, possession of a controlled substance, pled guilty, deferred one year unsupervised probation, civil penalty $315, court costs and attorney fees of $384 plus $43.40 expenses.
• Serious misdemeanor, State of Iowa vs. Nicholas Dean Wright, 22, 44017 Chestnut Rd., Carson, possession of a controlled substance, order appointing counsel at state expense, arraignment set for Feb. 11.
• Serious misdemeanor, State of Iowa vs. Edward Lawrence Taylor Harmon, 23, 303 D. Valley, Red Oak, possession of a controlled substance, order appointing counsel at state expense, arraignment set for Feb. 11.
• Serious misdemeanor, State of Iowa vs. Holly Angel Kelly, 31, 300 1st Ave., Red Oak, domestic assault, order appointing counsel at state expense, no contact order issued, arraignment set for Feb. 11.
• Simple misdemeanor, City of Red Oak vs. Linda Lupita Rodriguez Falcon, 24, 2404 N. 8th St., #114, Red Oak, noise disturbance, found guilty, fined $65, surcharges and court costs.
• Simple misdemeanor, City of Red Oak vs. Edgar Ralph Wilkins, Jr., 35, 201 E. Hammond, Red Oak, throwing and shooting in city limits, trial set for Feb. 19.

Small Claims

• City View Apartments, 2400 N. 8th St., #1, Red Oak, vs. Anna and Jonathan Certain, 2400 N. 8th St., #22, Red Oak, forcible entry and detainer, judgment default in favor of plaintiff, ordered to pay costs of this action plus court costs.

Traffic

• Robert Allen Childs, 107 E. Prosect, Red Oak, careless driving.
• Lindsay Kathrine Zogleman, 3103 185th St., Villisca, speeding.
• Sarah Ann Robbins, 515 12th St., Grinnell, speeding.
• Jolene Ann Mitchell, 2302 Chestnut St., Atlantic, speeding.
• Rondy R. Porter, 329 Scott St., Council Bluffs, failure to obey stop or yield sign.
• Christopher Michael Lowrance, 408 E. Market St., Red Oak, violation of instruction permit limitation.
• Michael David mills, 1507 Grove Ave., Corning, operation without registration.
• Linda Lupita Rodriguez Falcon, 2404 N. 8th St., #114, Red Oak, speeding.
• Xavier Marinus Smith, 1508 N. 2nd St., Red Oak, minor using tobacco, first offense.
• Blake Anthony Morris, 170 Cedar Lane, Hector, Ark., non-residential deer license, antlered or any sex, hunter’s orange apparel, pursuing, killing, trapping, buying or selling (deer and turkey) violation.
• Nathan Alexander Rouse, 8256 NW 26th St., Ankeny, speeding.
• Kristopher Carl Friesenhahn, 303 E. Valley, Red Oak, speeding.
• Matthew Thomas Soe, 1340 State Hwy 48, Red Oak, operation without registration.
• Kathleen Rose Bozwell, 1455 Corning Carl Rd., Corning, speeding.
• Christian T. Leming, 910 N. Miller Ave., Red Oak, no valid driver’s license.
• Mark William Jespersen, 2810 S. Chestnut St., Atlantic, speeding.
• Chloe Meshell Delay, 1430 Michelle Ct., Apt. F., Colorado Springs, speeding.
• Apolinario Cahuec Sis, 1255 N. 10th St., #203, Blair, Neb., speeding.
• Larry Steven Hutchings, 406 Bartlett, Emerson, following too close.
• Jose Manuel Ramos Saldana, 1804 N. 5th St., Red Oak, speeding.
• James Kevin Gray, 219 W. Clark St., Clarinda, speeding.
• Richard William Allison, 605 N. Cedar, Creston, speeding.
• Andrew Glen Schrodt, 1192 Green St., Murray, speeding.
• Dwight Earl Hickman, 606 S. Taylor, Mount Ayr, speeding.
• Ralph John Nentl, 13705 Sandy Shores Crt., Cross Lake, Minn., speeding.
• Patricia Ann Behrhorst, 1929 230th St., Coin, speeding.
• Jonathon Curtis Carlo, 129 Hickory Ridge Dr., Glenwood, operation without registration.
• Aaron Lynn Nosekabel, P.O. Box 21, 304 3rd St., Nodaway, operation of motor vehicle with expired license.
• Karen Jean Tuntas, 504 Broad Ave., Red Oak, striking unattended vehicle.
• Zackary Zane Haley, 110 W. 5th St., Villisca, driving while license denied, suspended, canceled or revoked.

Dismissals

• Christopher Robert Fowler, 29, domestic abuse assault, dismissed.
• Sean Duane Elston, 28, five counts child endangerment, no injury, dismissed.
• Garrett Alan Winther, 29, controlled substance violation, possession of a controlled substance, dismissed.

OWI

• Filed Jan. 22, Raul Jorge Alves, 45, Plattsmouth, Neb., first offense, one year deferred judgment, one year unsupervised probation, 40 hours community service, chemical dependency evaluation, pay attorney fees of $300, court costs and surcharges.
• Filed Jan. 22, Arturo Lemus-Ramos, 37, Red Oak, third offense, motion for continuance until Jan. 28.

Arrests

• Filed Jan. 20, Joshua Trevor Hughes, 26, Red Oak, simple domestic assault, no bond.
• Filed Jan. 23, Troy Daniel Smith, 43, Emerson, theft 5th degree, $1,000 bond.
• Filed Jan. 23, Desiree Willis, 21, Red Oak, contempt of court, held on $500 bond and turned over to Page County Sheriff.
• Filed Jan. 24, Chad Randall McAlphin, 39, Red Oak, violation of protection order, $300 bond.

Incident

• On Jan. 24 at about 12:18 p.m., officers of the Red Oak Police Department were called to the 200 block of N. 2nd St. for a burglary. Upon arrival, officers met with the victim, Samantha Jo Abraham, who said she had left for work early that morning. Upon returning home, she noted that her door had been forced open by unknown person(s). The incident remains under investigation.
• On Jan. 24 Christopher Louis Dovel, owner of The Red Oak Washboard Laundry called to advise he had a theft report. Upon arrival, officers could see that someone(s) used a blunt device to gain entry in the supply closet on the east end of the Laundromat. They had pried the hasp off of the door and then, once open, they took the security system, monitor and one of the cameras in the inside. Officers then noticed that the change machine was tilted. Upon further investigation, officers discovered that the subject(s) had unscrewed the bolts holding the machine to the wall, but never got the other two bolts out of the machine. One other machine was tampered with, but there was no damage to it. The owner has offered a $500 reward for any information leading to the conviction of this crime.

Accidents

• On Jan. 19 at about 12:53 p.m., a 2001 Chevy pickup with a load of small hay bales driven by Keith Wirthz, 52, Council Bluffs, was headed west on 200th St. At about the intersection of 200th and D. Ave, two of the hay bales fell off the truck onto the roadway. At that time, a 2009 Ford Focus, driven by Tiffany Nichols, 21, Maineville, Ohio, was traveling eastbound on 200th St. Nichols was unable to avoid hitting the hay bales with the right front bumper causing a property damage accident. There were no injuries reported. There was an estimated $1,800 damage to the Focus.