Provided by the Franklin Circuit Court Clerk’s Office
Court News
Civil
Default Judgment
Discover Bank vs. Daniel A. Clontz for the plaintiff in the amount of $7,140.84 plus $185 costs and $28 sheriff’s fees. This judgment shall accrue interest at the statutory rate of 8 percent per year until paid.
Jefferson Capital Systems, LLC successor in interest to Fingerhut Direct Marketing vs. Deanna Wilson for the plaintiff in the amount of $601.35.
Unifund CCR. LLC vs. Jeffrey Offill for the plaintiff in the amount of $2,349.76.
Jefferson Capital Systems, LLC successor in interest to Fingerhut Direct Marketing vs. Stephanie Stapleton for the plaintiff in the amount of $994.98 plus post-judgment interest at the statutory rate of 8 percent per annum and costs as allowed by law.
OneMain Financial Group, LLC vs. Jonathan R. Barnett for the plaintiff in the amount of $5,420.22 plus court costs and service fees in the sum of $185.
Portfolio Recovery Associates, LLC vs. Brian J. Wilkerson for the plaintiff in the amount of $1,407.18 plus costs.
OneMain Financial Group, LLC vs. Rhonda L. Hensley for the plaintiff in the amount of $14,806.65 plus court costs and service fees in the amount of $185.
LVNV Funding, LLC vs. Brandon Sturgell for the plaintiff in the amount of $1,153.15.
Citibank, N.A. vs. Theresa Harvey for the plaintiff in the amount of $2,179.92 plus court costs.
Absolute Resolutions Investments LLC vs. Michael J. Allen for the plaintiff in the amount of $1,510.91 plus post-judgment interest at the statutory rate of 8 percent per annum.
Midland Credit Management, Inc. vs. William C. Lawson for the plaintiff in the amount of $980.14 plus post-judgment interest at the statutory rate of 8 percent per annum.
Midland Credit Management, Inc. vs. Kim K. Allen for the plaintiff in the amount of $2,093.80 plus post-judgment interest at the statutory rate of 8 percent per annum.
Consent Judgment
CitiBank vs. Jeff B. Foster for the plaintiff in the amount of $1,643.
Divorces
Emily Broshears and Jeremy Broshears dissolution of marriage granted.
Sheri Renee Proia and David Matthew Proia dissolution of marriage granted and the maiden name of Nolty was restored to the plaintiff.
Jonathan E. Wines and Arielle N. wines dissolution of marriage granted.
Joshua Aaron Beck and Jamie Cara Beck dissolution of marriage granted.
Makenzie Wright and Nathan Wright dissolution of marriage granted.
Agreed Judgment
Bank of America vs. June Brown for the plaintiff in the amount of $9,273.22.
American Express National Bank vs. Amy Hester aka Amy L. Hester for the plaintiff in the amount of $8,483.36.
Small Claims
Agreed Judgment
Finance System of Richmond, Inc. vs. Jaynelle M. Adams for the plaintiff in the amount of $1,604.51 plus post-judgment interest and sheriff’s service fees.
On Saturday, June 5, 2021, from 7 a.m. to 12:00 p.m., Frame’s Outdoor will host the Union County Bicentennial Fishing Tournament at Whitewater Memorial State Park, Liberty, in conjunction with the celebration of Union County’s Bicentennial.
The tournament is open to all ages and there is no fee to participate, although participants in the tournament must register. June 5 and 6 are free fishing days in Indiana, so there will be no park entrance fee and no fishing license required.
Participants must pre-register to qualify for awards. Registration will begin onsite at 6:45 a.m. and end at 8 a.m. Participants may also pre-register before the tournament date by picking up applications at Frame’s Outdoor, 855 S. State Road 101, or Frame Clinic of Chiropractic at 899 S. State Road 101, Liberty, IN 47353.
COVID-19 safety measures will be implemented in accordance with the latest directives of the State of Indiana at the time of the tournament.
The tournament is co-sponsored by Frame Clinic of Chiropractic and the Crouch Family.
For more information contact Tyler Frame at tlframe@gmail.com or Joyce Crouch at joyce@ucpatriots.org, or call 765-458-9500 during regular business hours.
Edith Emma Hoff was the fifth of eight children of Cecelia (Nee: Matt) and Joseph A. Hoff. She was born April 13, 1922 in New Alsace, and died April 22, 2021, at St. Andrew’s Health Campus.
Edie was a graduate of St. Louis School and the class of 1940 at Batesville High School. Following graduation, she was employed as a nanny in Cincinnati for two years before going work as a clerk at the Jay C Store until 1953, when she went to work for American Fletcher National Bank in Indianapolis. She began as a teller and would hold several other positions during her 25 years at the bank. Upon retiring, she lived in Nineveh, until 2005, when she moved to Meadowbrook Apartments in Oldenburg. In 2011, she made the transition to St. Andrew’s Health Campus.
Edie was very crafty, with a knack for putting things together. She enjoyed working crossword puzzles and reading. She loved people, telling stories, sharing a good joke and making people laugh.
She is survived by her sister Sr. Irene Hoff O.S.F. of Oldenburg, as well as many nieces and nephews. In addition to her parents, she is also preceded in death by twin sisters Dorothy and Edith Hoff (Edith dying as an infant) and brothers Eugene, Erwin, Joseph H. and Rev. Alphonse Hoff O.F.M.
Visitation is Monday, April 26, from 10 – 11 a.m. at St. Louis Church. Funeral services will follow at 11 a.m., with Rev. Jey Sengolraj officiating. Burial will be in the church cemetery, but the committal service will be in conducted in church following mass. Memorials may be made to the Srs. of St. Francis, P.O. Box 36, Oldenburg, Indiana, 47036 (www.OldenburgFranciscans.org).
Alvina Webb, age 75, of Brookville, died Wednesday April 21, 2021, at her son’s home in Brookville.
Born March 4, 1946, in Owsley County, Kentucky she was the daughter of the late Chester and Martha (Sandlin) Callihan. She was united in marriage to Charles R. Force on September 13, 1965, and he preceded her in death on June 22, 1982.
Alvina was retired, having worked at the former Ford Visteon in Connersville, for many years.
In her leisure time, she enjoyed spending time with her grandchildren and working in her yard.
She attended Church on Fire in Harrison, Ohio and was active in the church singles group.
Survivors include her son and daughter-in-law, Roger D. and Zelda Force of Brookville, two grandchildren, Tyler Force and Autumn Force; four sisters, Orpha Bishop of Williamstown, Kentucky, Ida Mae Gibson of Osgood, Sophia Lois of Sunman, and Genevieve Barker of Harrison, Ohio.
In addition to her parents and husband, she was preceded in death by one sister, Della Olive and one brother, Lonnie Callihan.
Family and friends may visit from 12 until 1 p.m., on Saturday, April 24, 2021 at Phillips & Meyers Funeral Home, 1025 Franklin Avenue, Brookville.
Greg Howard will officiate the Funeral Services on Saturday, April 24, 2021, 1 p.m., at Phillips & Meyers Funeral Home. Burial will then follow in Maple Grove Cemetery in Brookville.
Memorial contributions may be directed to Riley Children’s Hospital. The staff of Phillips & Meyers Funeral Home are honored to serve the family of Alvina Webb, to sign the online guest book or send personal condolences please visit www.phillipsandmeyers.com
It was ironic the Franklin County Commissioners unanimously approved an amendment to the Franklin County Zoning Code concerning solar energy farms Tuesday night April 20, as a freak snowstorm blew into the county.
The irony, beyond having a late April snowstorm, is the commissioners and county attorney Grant Reeves seemed to sense more coming in on the leading winds of that cold front than just snow. There was a sense of urgency in Tuesday night’s actions. Three times during the three-plus-hour meeting Reeves said if a company comes in and fills out an application for a conditional use for a solar energy farm and the commissioners have not approved an amendment — which includes a mandatory zoning change for a solar energy farm — it will be like “the wild west.”
Reeve’s first mention of the “wild west” term came in answer to Bath Township resident Kim Ramsey’s question about what happens to the three leases on file concerning potential solar farms in the county if the commissioners passed the proposed amendment on Tuesday night.
“Right now (without the amendment) if they (company wanting to put in a solar farm) have a ground lease, they could come in and attempt to apply,” Reeves said. “We don’t have anything on the books so we’d have to figure out how to regulate that and deal with it if they attempted to apply at the APC office. Once this (solar amendment) is in place, they have to have taken steps toward substantial completion to get vested rights under a prior version of an ordinance. I don’t think any company would attempt to argue just recording a couple of leases would trigger that, they might, but I don’t think it would stick. If they actually had gone out, had some approval and done quite a bit of work toward substantial completion, maybe they had a vested interest and they could go forward, but they would have a very tough argument if they tried to act on the prior ordinance right now no more than they’ve gotten done.
“The further they get in the process, the harder it is for us to say they don’t have the vested right under the current system,” he continued. “If people do try to change an ordinance after somebody has invested $1 million, then there is a state law that says there is a vested right. But right now I think they would have a really tough argument arguing they had a vested interest. If they walk in tomorrow and applied and there’s nothing adopted tonight, then it would be sort of that wild west scenario where Tammy Davis (APC attorney) and I have to figure out how in the heck the thing is regulated.”
The second time was near the end of the meeting when Reeves told the commissioners their options on what they could do concerning the proposed amendment. He went through the scenarios, but then told the commissioners, as the county attorney, he wanted to get something in place right now and then work to further amend the amendment in the very near future.
“I would legally prefer to get something in place (Tuesday night),” Reeves said. “That’s what started this whole process because it is fuzzy on exactly what happens with a special exception or a conditional use. Ordinarily, I would say on a special exception or a conditional use if it’s not included, you just can’t do it. The problem with this is if it’s not included and you say you can’t do it, you just banned it. We have that state law that says you can’t ban it so it throws us into this wild west scenario where I think we would have to negotiate everything. We would have to negotiate all those setbacks; we would have to negotiate everything. Where, if you adopt something, it gives you a baseline going forward.”
Reeves said if someone comes in after commissioners adopt something that establishes a baseline, the commissioners can tweak the ordinances, and the companies would have to abide by additions to the baseline put on by the Board of Zoning Appeals, the Area Plan Commission and the commissioners.
“So, in particular, if you adopt what there is tonight, if you wanted more insurance (the companies must have in place), based on the facts and circumstances of that application, they could impose the insurance as an additional condition in the approval of a particular project. Just because you have a baseline, that’s not what you are locked to.”
Reeves is the APC attorney in Rush County and gave an example from a case involving wind turbines in that county and how the baseline is good to have and then it can be tweaked as time goes forward. He said Rush County had setbacks in its amendment to the zoning ordinance concerning wind turbines. However, the proposal from the company included wind turbines much larger than had been anticipated in the amendment. Thus, the county put larger setbacks in place to meet the situation, Reeves said.
The company in question took the county to court over larger setbacks than the setbacks in the zoning ordinance, and the court of appeals upheld the county’s larger setbacks. After that, the supreme court denied a hearing on the case so those larger setbacks stand.
Again, Reeves warned about a wild west scenario.
“I do have concerns if it is just a wild west because I don’t know what happens and I don’t know how far we can push it,” Reeves said at that point in the meeting. “They can attempt to say it’s unregulated since it’s not in there. Personally, I think it’s a bad argument, but it’s not going to stop them from trying if they really want to do it.”
Thus, the commissioners adopted the amendment as a whole that was sent to them by the Area Plan Commission. Commissioners want to put more stringent and additional provisions in place to what they adopted Tuesday night. Reeves is going to draw up their amendments into legal language, and the commissioners are holding a special meeting at 10 a.m., Monday, April 26. At that time, they can consider those additions to the amendment to the zoning code.
This process started during the summer of 2020 with the Area Plan Commission hearing of a solar energy company approaching area farmers concerning land leases for property in Bath and Springfield townships. A committee of APC members, including Reeves and Davis, hammered out a basic amendment. Commissioners then put changes to that proposed amendment and sent it back to the APC. The APC further changed those changes and sent it back to the commissioners, which resulted in Tuesday night’s meeting.
Commissioners wanted to add to what was sent to them by the APC. However, to do that, the commissioners would have to totally reject what the APC sent to them and send it back to the APC with their proposed additions, which would start the lengthy process anew. All of these hearings have been public hearings which necessitate advertising and notification of the meetings prior to the meetings.
Commission President Tom Linkel said he personally would like to see one dozen modifications to what was approved Tuesday night. They include: larger setbacks from the solar energy farm to adjacent landowners, additional insurance such as pollution and cyber insurance, an annual adjustment to the requested insurances including liability that increases through the Consumer Price Index (CPI) with the APC looking at the insurances’ amounts every 10 years to see if they are adequate, a buyback option from the company to adjacent landowners, and others.
Another amendment Linkel suggested was to allow only a certain percentage of territory of a township or county to be used for solar energy farms in a given area.
Ones suggested from the audience included one making companies liable for giving training, supplying PPE, foam and other firefighting material to the local volunteer fire departments, which might have to fight fires in the solar fields.
Audience members thanked the commissioners for not putting time limits on public participation and allowing those who spoke to completely make their comments. Some audience members went to the microphone more than once and some of the comments had been prepared in advance and read to the commissioners. Commissioners usually meet at 10 a.m. on Tuesdays but changed the meeting to a night meeting so more of the public could attend.
After commissioners told Reeves what they wanted to add to what they were passing and acknowledging those they wanted to take from audience participation, Reeves said he also had a couple, and he wanted to tweak some of the legal language in what was adopted.
Commissioners then unanimously adopted several ordinances to create the baseline. Those ordinances were:
*creating an A-AES zoning designation. This means an Agriculture Alternate Energy System zoning designation. Reeves and commissioners said it was important to make companies ask for a zoning change to make solar farms possible. Zoning change requests must go before the Area Plan Commission and the county commissioners. The APC makes a recommendation to the commissioners, and then the commissioners can agree to the zoning change or reject it. All the meetings on a proposed zoning change are public meetings. The only zoning districts a solar energy farm could currently build in are the Industrial-1 and I-2 designations. Companies would need to receive a conditional use to have a solar energy farm in those designations, and the county’s current I-1 and I-2 areas are not conducive to the land requirements solar energy companies are looking for: flat land without trees.
*Commercial Intermediate Alternative System main draft: That is the base amendment to the zoning code, concerning provisions a solar energy company must meet. This is the basic amendment that has gone through the tennis-like process of going back and forth between the APC and commissioners to iron out.
*Residential Alternative Energy Systems. Another amendment regarding alternative energy to the zoning code.
*Definitions. That has not been changed since November 2020.
The amendments the commissioners may pass at Monday’s meeting will then have to go back to the APC for its approval. Commissioners would then have to hold another meeting to pass or reject the proposed additional amendments.
Michael Dwight “Jack” Stroud, 73, of Connersville, passed away on Monday, April 19, 2021, at St. Vincent Hospital, Indianapolis.
One of three children of Charles and Izona Charles Stroud, Mike was born in Connersville on November 12, 1947. He served his country during the Vietnam era in the United States Army.
On July 31, 1969, Mike married the former Sharon Harris in Connersville. Mrs. Stroud survives.
Mike was employed at Visteon in Connersville, retiring in 2005 after 39 years of service.
An avid outdoorsman, Mike enjoyed hunting, shooting his bow, fishing, riding quads, and spending time with his family. He also was a member of AMVETS.
Besides his wife of 51 years, Sharon Stroud, survivors include two children, April Collier (Michael Meyer) and Michael Stroud (Amy Short), all of Connersville; two grandchildren, Colton Collier and Stevie (Dylan) Lynn; a great grandson, Gabriel Lynn; several nieces, nephews, and cousins.
Mike was preceded in death by his parents; two siblings, Patty Hurst and Tim Stroud.
Family and friends may call from 4 p.m., until the time of service at 6 p.m., on Friday, April 23, 2021, at Miller, Moster, Robbins Funeral Home. Pastor Chris Lovett will officiate and military honors will be provided by Fayette County Veterans Council.
Online condolences may be made anytime at millermosterrobbins.com.
Indiana Department of Natural Resources press release
DNR staff have been busy stocking more than 23,000 rainbow trout in preparation for this year’s upcoming stream trout opener on Saturday, April 24.
The season officially starts at 6 a.m. local time. By opening day, the DNR will have stocked 23,425 rainbow trout in 17 streams in 12 different counties. The stocked trout come from Curtis Creek Trout Rearing Station near Howe in LaGrange County and average roughly 11 inches in length.
To find a stocked stream near you, see the 2021 Trout Stocking Plan at https://bit.ly/39TaLyT.
Trout will bite on a variety of artificial baits such as spinners and flies, but natural baits such as worms and bee moths tend to be the most popular.
Anglers 18 and older will need an Indiana fishing license and a trout/salmon stamp to fish for trout. The bag limit for trout in inland waters, other than Lake Michigan and its tributaries, is five fish per day with a minimum size of seven inches. No more than one of these can be a brown trout. Additionally, any harvested brown trout caught below Brookville Tailwaters must be 18 inches or larger. There is no closed season for taking trout from inland lakes.
Provided by the Franklin County Sheriff’s Department
April 10
Tyler Miller, Walleye Drive, Brookville, at 8:43 p.m., was operating a vehicle west on U.S. 52 east of Brookville. While negotiating a slight left curve, Miller drove off the right side of the westbound lane. After Miller’s vehicle drove off the road, his front right tire hit a hole and caused the vehicle to roll on its driver’s side. Another vehicle operated by Brandt Miller, Oxford Pike, Brookville, drove by Tyler Miller’s vehicle as it was rolling over. The tires on Tyler Miller’s vehicle threw mud and loose gravel over Brandt Miller’s windshield, causing damage. Franklin County Sheriff’s Department Deputy Kyle Hartman investigated the accident.
April 14
Kimberly Eyler, Indiana 101, Brookville, was operating a vehicle southbound on Whitcomb Road at 6:22 a.m. Eyler’s vehicle was sideswiped by another vehicle that failed to stay at the scene. Franklin County Sheriff’s Department Deputy Jason Robinson investigated the accident.
Abigail Mitchum, South Sunrise Lane, Connersville, at 11 a.m., was operating a vehicle northbound through the Franklin County High School parking lot, and a vehicle operated by Travis Schwartz, Duck Creek Road, Laurel, was traveling eastbound through the parking lot. As Schwartz’ vehicle was traveling to exit the parking lot, Mitchum’s vehicle pulled out into Schartz’ vehicle’s lane of travel,, causing Mitchum’s vehicle to hit Schwartz’ vehicle on the passenger side. Franklin County Sheriff’s Department Deputy Andrew Voelker investigated the accident.
April 15
Misty Wilhoit, Franklin Road, Brookville at 8:38 a.m., was traveling south on Blue Creek Road when Wilhoit’s vehicle hit a deer that had already been hit by another vehicle. Franklin County Sheriff’s Department Deputy Jason Robinson investigated the accident.
Lydia Moorman, Maplewood Avenue, Batesville, was operating a vehicle at 7:32 p.m. westbound on Hamburg Road and drove off the road. After driving off the road, Moorman drove her vehicle back onto the road, overcorrecting and drove off the road again, striking a tree. Franklin County Sheriff’s Department Deputy Dylan Enzinger investigated the accident
Provided by the Franklin County Sheriff’s Department
April 15
Catherine M. Brewer, 38, Snowhill Road, West Harrison, was arrested at 3:34 p.m., along St. Mary’s Road, by Brookville Police Officer Department R. Geiser, for an Out of County Arrest Warrant.
Timothy B. Estridge, 47, East Fourth Street, Brookville, was arrested at 8:56 p.m., at the intersection of Long Street and Indiana 252 in Brookville, by Brookville Police Department Officer R. Lackey, for two counts of Operating a Vehicle while Intoxicated.
Michael T. Gates, 22, Kershner Street, Connersville, was arrested at 4:05 p.m., at the Franklin County Security Center, by Franklin County Sheriff’s Deputy W. Hodge, on an Outstanding Arrest Warrant.
Donald E. Hendrick Jr., 45, Commerce Street, Laurel, was arrested at 6:54 p.m., in Laurel, by Laurel Police Department Officer R. Reams, for Resisting Law Enforcement, Domestic Battery, Theft and Possession of Methamphetamine.
April 16
Wesley I. Lee, 37, Lexington, Kentucky, was arrested at 10:30 a.m., at the Butler County, Ohio Jail, by Franklin County Sheriff’s Department Deputy S. Stirn, for Possession of a Hypodermic Syringe or Needle.
April 17
Samantha J. Warren, Wolf Creek Road, Brookville, was arrested at 10 p.m., at Arby’s in Brookville, by Franklin County Sheriff’s Department Sgt. Adam Henson, for Possession of Marijuana/Hash Oil/Hashish Salvia and Possession of Paraphernalia.
April 18
Jordan T. Rooks, 23, Faucett Street, Brookville, was arrested at 2:47 a.m., along Indiana 252 in Mt. Carmel, by Franklin County Sheriff’s Department Deputy T. Ford, for Operating a Vehicle while Intoxicated Endangerment.
Olivia G. Smith, 20, Roemer Road, Brookville, was arrested at 12:06 a.m., at the intersection of Mill and Ninth streets in Brookville, by Franklin County Sheriff’s Deputy T. Ford for Driving while Suspended with Prior Suspension within 10 Years.
