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Stanislaus Credit Control accused of attempting to collect discharged debt

February 21, 2017, 9:49 am
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EAST ST. LOUIS — A St. Clair County resident is suing a debt collector for allegedly attempting to collect on a debt that had been discharged following bankruptcy.

Dewayna C. Pitts filed a complaint on Feb. 13 in the U.S. District Court for the Southern District of Illinois against Stanislaus Credit Control Service Inc. and Does 1-4, alleging the debt collector violated the Fair Debt Collection Practices Act.

According to the complaint, the plaintiff alleges that on Dec. 28, she was granted a discharge of debts by the bankruptcy court, including the debt that the defendant sought to collect. Between Aug. 19 and Dec. 28, the defendant continued attempting to collect the alleged debt through phone calls.

As a result, Pitts claims she suffered humiliation, anger, anxiety, emotional distress, frustration and embarrassment.

The plaintiff alleges Stanislaus falsely represented the collectability of the alleged debt, threatened to take collection actions and used deceptive means in attempting to collect the alleged debt.

The plaintiff requests a trial by jury and seeks award for actual damages, statutory damages of $1,000, prejudgment and post-judgment interest, costs and attorneys’ fees and such other or further relief as the court deems just and proper.

She is represented by Nathan D. Sturycz in Edwardsville.

U.S. District Court for the Southern District of Illinois case number 3:17-cv-00156

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Baricevic back in St. Clair County courthouse as special representative

February 21, 2017, 2:29 pm
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Former St. Clair County chief judge John Baricevic has returned to the courthouse representing dead debtors in mortgage foreclosures.
Associate Judge Heinz Rudolf appointed Baricevic as special representative for three estates in January and February, rejecting representatives that lenders had requested.
In two cases, Wells Fargo and US Bank had moved to appoint William Ezjak of Chicago.
In the third case, Reverse Mortgage Solutions had moved to appoint Paul Evans of O'Fallon.
In all three cases, Rudolf blotted out names the lenders had recommended and wrote Baricevic's name by hand.
Baricevic, Democrat, lost the general election in November to Republican Ron Duebbert, who is currently being investigated for possible obstruction of justice charges related to a murder case.
Illinois law requires appontments of special representatives in these particular foreclosures because a suit against a dead person is a nullity.
Lenders usually recommend specific attorneys, but in St. Clair County their recommendations don't always matter.
Among 15 appointmet orders that Rudolf and Circuit Judge Robert LeChien have entered since last June, they have exercised their own choices 12 times.
Reverse Mortgage Solutions recommended Evans in a foreclosure last year, but Lechien instead appointed Michael Diaz of Chicago.
On the other hand, New York Mellon Bank and Nationstar asked for Diaz in two foreclosures but didn't get him. In the Nationstar case, Rudolf appointed Grey Chatham, Jr., law partner of John Baricevic's son Charles J. Baricevic.
In the Mellon Bank case, Rudolf appointed Chris Smith.
Rudolf appointed Judith Trentman Wilson five times last year, although only one lender asked for her.
LeChien appointed Brady McAninch of Hipskind & McAninch of Belleville three times, once at the request Nationstar, once at the request of US Bannk, and once when US Bank asked for William Butcher of Homewood.
In a case involving CMG Motgage, the lender asked for Julie Fox of Chicago and Rudolf appointed John Hipskind of Hipskind & McAninch of Belleville.
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Madison County asbestos trial to reconvene Feb. 27 in Stobbs’ court

February 21, 2017, 6:55 pm
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A Madison County asbestos trial against Hennessy Industries has been adjourned until Feb. 27 in Associate Judge Stephen Stobbs’ courtroom.

The trial will reconvene on Monday at 8 a.m.

Hennessy is represented in the case by Jim Lowry of Gordon & Rees.

Plaintiffs Janet and Stanley Urban are represented by Tom Hart and Allyson Romani of Shrader & Associates. 

The Urbans are from Michigan, and all of Stanley Urban's alleged exposures occurred in Michigan.

The Urbans filed their complaint in March 2013, alleging Stanley Urban was exposed to asbestos-containing products while working at various auto dealerships from the 1960s to 1974 and while working at several schools as an auto technology teacher from 1975 to present.

More specifically, Urban claims he was exposed to asbestos while using Hennessy’s brake grinders.

Urban was diagnosed with mesothelioma both above and below his diaphragm in January 2013.

Madison County Circuit Court case number 13-L-437
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America’s Central Port District, employee deny liability in discrimination suit

February 21, 2017, 7:19 pm
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America’s Central Port District and one of its employees denies liability in an African American man’s suit alleging discrimination, arguing that the plaintiff was not an employee.

Steven Edwards filed his complaint on Dec. 22 against America’s Central Port District, LT Staffing, Inc., doing business as Express Employment Professionals, and John Valle, alleging they violated the Civil Rights Act.

In his complaint, Edwards alleges he worked for America’s Central Port District and was terminated after he was subjected to a hostile work environment, harassment and discrimination because of his race.

Edwards does not provide details of his alleged discrimination, but he claims he filed a charge of discrimination with the Illinois Department of Human Rights and EEOC and was later terminated.

Edwards says that as a result of the defendants’ alleged actions, he has suffered loss wages and benefits, inconvenience, emotional distress, mental anguish and loss of enjoyment of life.

America’s Central Port District and Valle answered the complaint on Feb. 8 through attorney John Papa of Callis Papa & Szewczyk in Granite City.

They deny liability and argue that Edwards was not an employee of America’s Central Port District and was not supervised by Valle.

Edwards seeks a judgment of more than $50,000, plus court costs, pre-judgment interest and any other relief the court deems just.

He is represented by Michael Brunton and Mary Stewart of Brunton Law Offices in Collinsville.

Madison County Circuit Court case number 16-L-1743
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Ruth denies dismissal in suit alleging woman fell off rental home porch

February 21, 2017, 7:37 pm
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Madison County Circuit Judge Dennis Ruth denied dismissal in a woman’s suit alleging she fell off the porch of a Worden rental home while carrying a moving box.

Ruth denied defendant Robert Behme’s motion to dismiss on Jan. 27. He also denied Behme’s motion to strike plaintiff Erin Stambaugh’s claim for punitive damages.

Stambaugh filed the complaint on Nov. 10.

She alleges that on Nov. 9, 2014, she was moving a box into Behme’s rental house, located at 501 Carson in Worden, when she allegedly fell off the porch, which had no railing to prevent her fall.

Stambaugh alleges Behme failed to ensure that the porch had a proper railing and failed to warn the plaintiff of the dangerous condition.

Behme answered the complaint on Feb. 13 through attorneys David Berwin and James Gallen of Evans & Dixon LLC in St. Louis.

Behme denies each and every allegation and argues that Stambaugh fails to identify a source from which a common law or statutory duty arises.

He also argues that any alleged injuries were the result of Stambaugh’s own negligence for failing to keep a careful lookout for her surroundings and failing to exercise reasonable precautions for her own safety.

Behme called the alleged dangerous condition open and obvious and easily avoidable.

On Dec. 23, Behme filed a motion to dismiss the complaint, or in the alternative, a motion to strike the claim for punitive damages.

He argued that a duty to the plaintiff does not exist.

Stambaugh seeks a judgment in her favor of more than $50,000, plus costs and all other relief the court deems just.

She is represented by Rodney Caffey and Ralph Mendelsohn of The Caffey Law Firm in Godfrey.

Madison County Circuit Court case number 16-L-1533
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City of Alton denies liability in jogger’s personal injury suit

February 21, 2017, 7:50 pm
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The City of Alton denies liability in a jogger's personal injury suit and argues that the jogger's own negligence contributed to any alleged injuries from tripping on a hole in the sidewalk.

Christopher Everage filed his complaint on Dec. 23, alleging the City of Alton breached its duty to maintain the sidewalk in a reasonably safe condition.

Everage alleges that on Sept. 21, he was jogging on the sidewalk at the intersection of Seventh Street and Central Avenue in Alton when he stepped into a hole that caused him to fall.

Everage alleges the defendant failed to inspect and repair the hole in the sidewalk and failed to barricade or otherwise warn users of the dangerous condition.

The City of Alton answered the complaint on Feb. 8 through attorney Charles Pierce of Pierce Law Firm in Belleville.

The defendant denies liability and argues that the plaintiff’s own negligence was more than 50 percent of the total proximate cause of the alleged injuries.

Everage seeks a judgment of more than $15,000, but not more than $50,000, plus court costs.

He is represented by Robert Larson of Larson Law Office in Alton.

Madison County Circuit Court case number 16-L-1751
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Ruth denied dismissal in suit alleging woman fell off rental home porch

February 21, 2017, 7:37 pm
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Madison County Circuit Judge Dennis Ruth denied dismissal in a woman’s suit alleging she fell off the porch of a Worden rental home while carrying a moving box.

Ruth denied defendant Robert Behme’s motion to dismiss on Jan. 27. He also denied Behme’s motion to strike plaintiff Erin Stambaugh’s claim for punitive damages.

Stambaugh filed the complaint on Nov. 10.

She alleges that on Nov. 9, 2014, she was moving a box into Behme’s rental house, located at 501 Carson in Worden, when she allegedly fell off the porch, which had no railing to prevent her fall.

Stambaugh alleges Behme failed to ensure that the porch had a proper railing and failed to warn the plaintiff of the dangerous condition.

Behme answered the complaint on Feb. 13 through attorneys David Berwin and James Gallen of Evans & Dixon LLC in St. Louis.

Behme denies each and every allegation and argues that Stambaugh fails to identify a source from which a common law or statutory duty arises.

He also argues that any alleged injuries were the result of Stambaugh’s own negligence for failing to keep a careful lookout for her surroundings and failing to exercise reasonable precautions for her own safety.

Behme called the alleged dangerous condition open and obvious and easily avoidable.

On Dec. 23, Behme filed a motion to dismiss the complaint, or in the alternative, a motion to strike the claim for punitive damages.

He argued that a duty to the plaintiff does not exist.

Stambaugh seeks a judgment in her favor of more than $50,000, plus costs and all other relief the court deems just.

She is represented by Rodney Caffey and Ralph Mendelsohn of The Caffey Law Firm in Godfrey.

Madison County Circuit Court case number 16-L-1533
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Former client seeks to disqualify shared counsel in legal malpractice suit for alleged ‘antagonistic defenses’

February 21, 2017, 8:38 pm
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A former client filed a motion to disqualify counsel for O’Fallon attorney Amanda Kelton Bradley Verett and attorney Michael Reid in a legal malpractice case, arguing that the two have “antagonistic defenses” and cannot be represented by the same counsel.

Plaintiff Christopher Nolan filed a motion to disqualify counsel for the defendants on Feb. 14 through attorney and former Madison County Associate Judge Thomas Hildebrand of Granite City, whose license to practice law was reinstated last September following a 10-year suspension.

Verett and Reid are represented by Roy C. Dripps of Armbruster Dripps Winterscheidt and Blotevogel in Maryville.

Nolan argues that the defendants have “antagonistic defenses" and must be represented by different counsels. 

“That Defendant Verett has no malpractice insurance according to the records of the Illinois Attorney Registration and Disciplinary Commission, while the same records indicate that Defendant Reid has insurance, which could lead to a conflict in allocating responsibility for Plaintiff’s claims,” the motion states.

The plaintiff added that according to the Findings and Decision of the Hearing Board in an underlying ARDC matter, Reid testified that he had minimal knowledge of the claim.

However, Verett allegedly charged the plaintiff for lengthy conferences to discuss strategy for the plaintiff’s case, which were allegedly with Reid.

Nolan alleges Reid will need to testify that either he misled the ARDC and was involved in representing the plaintiff, that he was not involved but participated in fraudulent billing or that he prepared a consent judgment for attorney fees for work he did not perform and in which he had no interest.

“That Defendant Verett is required to address the same matters and her testimony, together with the documents produced thus far, are in direct contrast to the interest of Defendant Reid in this matter; that these Defendants, having antagonistic defenses, cannot be represented by the same attorney,” the motion continues.

Nolan filed his complaint on Jan. 17 against Verett, who was suspended for 90 days in 2008 for her handling of a family law matter between Nolan and his ex-wife. He alleges Verett deviated from the standard of care of a reasonable attorney by filing and obtaining ex parte relief against his ex-wife and a Missouri hospital despite knowing she was not entitled to do so.

Reid also collected attorney’s fees for allegedly engaging in strategy conferences with Verett.

Nolan alleges he hired Verett in 2007 to represent him in an on-going dissolution case from his former wife Tanna Nolan. In the divorce, a Madison County court had enjoined Christopher Nolan from contacting his son’s doctors unless it was an emergency.

After the order was filed, Tanna Nolan scheduled a tonsillectomy for her son at Children’s Hospital in St. Louis.

Several days prior to the surgery, Verett filed a motion to stop the surgery from taking place, which was denied.

Verett filed a petition for damages in St. Louis City Circuit Court against the child's medical providers. She also filed an injunction to stop the surgery.

According to the ARDC, at a hearing before St. Louis Circuit Judge John Garvey, Verett failed to inform him that she had just had a hearing in Illinois on the same matter.

Garvey enjoined the surgery, appointed a guardian ad litem for the minor and ordered Tanna Nolan to be added as a party.

Verett later withdrew her petition after Tanna Nolan filed a motion to dismiss.

Garvey held a hearing and apologized to the lawyers for Children’s Hospital and Tanna Nolan, telling them that had he known that the issue was taken care of in Madison County he would have immediately denied Verett’s request.

In Nolan’s malpractice suit against Verett, he alleges that he was assessed $25,000 in attorney’s fees as a result of Verett’s alleged breach of contract and another $25,000 in fees in defending the assessment of attorney’s fees.

He alleges that Verett charged him $18,569.03 for services which not only provided no benefit, but also put him in a worse position.

Madison County Circuit Court case number 17-L-27
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Ruth denied dismissal in dentist’s $1M suit over dental crowns

February 21, 2017, 9:03 pm
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Madison County Circuit Judge Dennis Ruth denied a combined motion to dismiss a dentist’s suit alleging dental crowns failed to perform properly.

Defendants 3M Company, Henry Schein Inc. and Tamela Dean filed a combined motion to dismiss on Dec. 29 through attorney Kate Middleton of Faegre Baker Daniels LLP in Chicago.

They argue that plaintiff Dr. Richard Boatman Jr.’s claim for breach of implied warranties should be dismissed because no vertical privity exists between 3M and the plaintiffs. Also, they allege 3M and Schein disclaimed any implied warranties.

They argue that Boatman’s claim for fraudulent misrepresentation should be dismissed because his “attempt to substantiate their fraud allegations with little more than legal and factual conclusions and, in doing so, fail to state a claim for fraud as a matter of law.”

Because Boatman’s fraud claim fails, his unjust-enrichment claim fails, the motion states.

They argue that Boatman’s claims for negligent misrepresentation fail because he “cannot recover for economic loss based solely on a theory of negligence,” and “an agent who breaches a duty owed only to her principal is not individually liable to a third party who suffers injuries from her breach.”

They argue that Boatman’s claims for intentional interference of business expectancy fail to allege essential elements.

“Plaintiffs have failed to identify any specific third-party business prospect, much less that Moving Defendants had knowledge of any particular third-party business prospect,” the motion states.

Lastly, they argue that Boatman’s claims for civil conspiracy fail because the plaintiff did not identify any relationship between the defendants beyond a traditional commercial relationship.

Ruth denied the motion on Feb. 10.

Boatman, doing business as Troy Family Dental, filed the complaint on Sept. 13 against 3M Company, D4D Technologies LLC, Schein and Dean.

Boatman alleges the defendants’ dental restorative and cement products were used to make and seat dental crowns. However, he claims the products failed to perform as advertised, represented and warranted.

Boatman alleges he suffered financial and reputation damages. He also claims the defendants’ products caused needless injury, pain, inconvenience and misery to his patients.

Boatman seeks a judgment in excess of $1 million, plus costs and other relief the court deems just.

He is represented by David Corwin and Bradley Winters of Sher Corwin Winters LLC in St. Louis.

Madison County Circuit Court case number 16-L-1296
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Madison County real estate Feb. 1-6

February 21, 2017, 9:08 pm
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FEBRUARY 1, 2017

ALTON

$46,250- 2605 RANDOLPH ST. - US BANK TO SANDRA CLARDY
$26,300- 2428 SANFORD AVE. - SECRETARY OF HUD TO TINA REVERMANN
$75,000- 310 LINDENWOOD BLVD. - MEREDITH SPINKS TO JOSEPH JENKINS JR.
$13,500- 248 MATHER ST. - EVELYN PORTER TO STEVEN MITCHELL
$349,900- 3801 TROPICAL BREEZE KEY - RALPH AND MARSHA PASLAY TO PATRICK AND GENA WAGGENER

COLLINSVILLE

$130,000- 70 CARNATION DR. - BRIANNA HAYES TO KRISTINA FILLBACK
$99,500- 307 N. WILSON HEIGHTS RD. - FRANK AND PATRICIA SCHUITO TO CHAD NAUGLE AND AMANDA MCCAMMACK
$87,500- 109 KINGSBURY CT. - EVELYN ROBINSON TO JOSHUA HENSLEY

COTTAGE HILLS

$5,000- 1304 3RD ST. - CHRISTOPHER WILLIAMS TO LEE BARUXEN

E. ALTON

$2,000- 601 WASHINGTON AVE. - MICHELE BUSKEN TO BURROWS INVESTMENTS
$80,000- 806 WILLOWAY - PATRICK AND GENA WAGGENER TO RALPH AND MARSHA PASLAY

EDWARDSVILLE

$45,000- 927 TROY RD. - MARSHALL BROWN, DENNIS BROWN AND JILL PINTAR TO KBG PROPERTIES
$164,900- 5533 TIGER RD. - NATHAN PAYNE TO NICHOLAS AND COLLEEN DETTENMEIER
$40,000- 7 LOGAN PL. - MICHAEL WINTER TO DEFINITIVE HOME AND DESIGN
$64,000- 840 MORTON AVE. - DONNA BOYER AND VICKY SCHAEFER TO RICHARD AND VICKY SCHAEFER
$100,700- 2917 INDIAN MEADOWS LN. - JAMES AND GINA MISTOLER TO RUSSELL AND KAREN BARTHELEMY

GLEN CARBON

$167,000- 109 MARK TRAIL DR. - JEREMY AND TERESA VAUGHT TO DANIEL WEILER AND MICHAELA WHEELER

GODFREY

$275,000- 1906 ARROWHEAD LN. - DAVID STEVENS TO DANA LAVITE

GRANITE CITY

$35,000- 1741 WALNUT ST. - EILEEN FLOWERS TO AMSTED RAIL COMPANY
$103,000- 80 MORRIS CT. - JODY MAXFIELD TO DACIA BLACKWELL AND CHRIS VOSS
$74,000- 3128 RODGER AVE. - KELLY CHRISTY TO ALISA LOFINK
$70,000- 2001 COTTAGE AVE. - MARK WOODSON TO CRYSTAL PICKLE
$207,000- 110 SHIRLWIN DR. - WILLIAM AND RHONDOLYN HUNT TO JULIA LEMASTER AND THOMAS PARKER

HIGHLAND

$12,500- 905 DEAL ST. - TONIA SCHUCK TO GARY AND TONIA SCHUCK
$137,000- 40A CHASE WAY - RANDY AND KATHLEEN ROOT TO ROBERT SHIPTON

ST. JACOB

$31,600- KECK RD. - EDWARD SHAFER TRUST TO SHANE SHAFER

TROY

$192,000- 8009 AUSTIN DR. - SUSAN DENIKE TO ERIC AND KELLY HOUSTON
$127,000- 8650 STATE ROUTE 162 - SUSAN VADNEL TO LORI AND GERGOR VADNAL

WOOD RIVER

$112,497- 450 ILLINOIS - PROTECT AND SERVE PENSION TRUST TO DARRELL AND STACY JONES

FEBRUARY 2, 2017

ALTON

$43,900- 2316 VALLEYVIEW DR. - MARY BIXEN TO WILLIE BUCHANAN
$115,000- 2511 DAVID ST. - THOMAS KROHN TO PHILLIP WALTER PEDEN
$56,200- 2617 BOSTWICK ST. - SANDY AND KARL JANSEN TO MISTY MUSGRAVES

BRIGHTON

$187,500- 1702 STRAUBE LN - JACK AND KAREN HARPER TO JEFFREY AND ASHLEY ALM

COLLINSVILLE

$1,325,000- 123 UNITED DR. - RETKO GROUP TO WAWA PROPERTIES 6 WAREHOUSE
$61,555- 223 MILL ST. - SECRETARY OF HUD TO RICHARD BARDWELL
$95,000- 201 GAYLORD DR. - DANA STOUT JOHNS TO KATHRYN MEYER

COTTAGE HILLS

$19,200- 1209 N. STANLEY RD. - WELLS FARGO TO JONATHAN SARGINSON

E. ALTON

$40,000- 237 BOWMAN AVE. - HEIRS OF THIRZA EYERS TO JOSEPH AND SHARON EYERS

EDWARDSVILLE

$450,000- 855 S. ARBOR VITAE - PIEDMONT PARTNERS LLC TO MWCX REAL ESTATE
$368,000- 1507 LINCOLN KNOLLS DR. - JCK AND DIANA BALLINGER TO TIMOTHY AND NANCY HILYARD

GLEN CARBON

$271,500- 117 KINGSBROOKE BLVD. - JASON AND JAIME CROWE TO GREG AND ERIN GUNTREN
$113,500- 123 SCHOOL ST - GREGORY AND ERIN GUNTREN TO SARA ANDREWS
$309,500- 8 COUNTRY MAPLES DR. - DAVID AND SHARON MULHERIN TO JEREMY AND TERESA VAUGHT

GODFREY

$183,000- 5110 WILLIAMS PL. - RICHARD AND JULIE ZIINO TO MICHAEL AND CLAIRE COOPER
$200,000- 1820 TOMAHAWK LN. - JASON AND JILL VOELKEL TO KELLY WEIRICH
$357,000- 7415 TIMBERCREST DR. - BOBBY AND REBECCA LATEMPT TO MARGARET AND SCOTT DORRIS
$275,000- ROACH RD. - THE BACHMAN TRUST TO SAGE CREEK DEVELOPMENT
$154,900- 5211 DOVER AVE. - JEFFREY AND ASHLEY ALM TO BRIAN GARRETT

HIGHLAND

$1,040,000- WEDER RD. - HIGHLAND MANUFACTURING AND SALES CO. TO MICHAEL MAEDGE
$167,000- 254 KEEVEN DR. - KAY WILSON TO CHARLES JR. AND ERIN RICE
$222,500- 3221 HILL RD. - JOHN AND SHELLY STEINWAGNER TO JACK AND JANICE HOFFMANN

MADISON

$15,000- 1535 4TH ST. - KEITH SMITH TO KATHERINE MANNING AND THOMAS CAMPBELL

MARINE

$840,190- MARINCE TOWNSHIP - MAYER RD. - DELORES RINDERER TO TIMOTHY AND SHELLEY HESS

MARYVILLE

$265,000- 10 FIELDCREST DR. - FREDERICK FORD III AND PORCHIA FORD TO JOSE AND ERNELINDA GUTIERREZ

TROY

$8,000- 523 LONE ROBIN - TERRY CASHEN TO WAIT LAND TRUST
$280,000- 213 MCCLELLAND DR - SUNDANCE HOME DEVELOPMENT TO JAMES CARROLL AND CAROL BASARICH

FEBRUARY 3, 2017

ALTON

$37,500- CUT ST. - RIVERLANDS INVESTMENT CO. TO AMEREN ILLINOIS CO.

COLLINSVILLE

$300,000- 6882 CLAY SCHOOL RD. - TIMOTHY AND MICHELLE ALDRICH TO ADAM AND CATHERINE ISREAL

E. ALTON

$72,000- 618 MONROE ST. - BRIAN GARRETT TO DONALD CAMPBELL AND CIERA STREBLER

GLEN CARBON

$3,575,000- 2220 STATE ROUTE 157 S - MERIDIAN ONE PARTNERS TO 1120 PROPERTIES

GODFREY

$84,000- 5702 BARBARA PL. - MICHAEL COOPER TO NICHOLAS COOPER

GRANITE CITY

$73,500- 4075 BRECKENRIDGE LN - MICHAEL AND JOYCE MCMAHON TO JAN WATSON
$31,279- 17 TULIP CT. - SECRETARY OF HUD TO RICHARD AND DEBORAH COOPER
$5,400- 2827 MADISON AVE. - SECRETARY OF HUD TO KAUDIA DAVIS
$10,001- 2747 WASHINGTON AVE. - WELLS FARGO BANK TO KEVIN KINGSLEY

HAMEL

$27,000- 305 COOK AVE. - GARRY MILLER TO SHAUN MILLER
$27,000- 305 COOK AVE. - TIMOTHY MILLER TO SHAUN MILLER
$27,000- 305 COOK AVE. - SANDRA BOWERS TO SHAUN MILLER

HIGHLAND

$135,000- 100 TAMARACK LN. #B - DAVIS AND HEAD LLC TO MICHELE BRINDLEY
$135,000- 100 TAMARACK LN. # A - DAVIS AND HEAD LLC TO JENNIFER BERNHARDT

TRENTON

$400,000- 121 RINDERER RD. - JAMES AND JILL LOMBARDO TO JEFFREY AND BRENDA CAVINS

WOOD RIVER

$18,000- 509 N. 1ST ST. - RAVEN SECURITIES TO ILLINOIS INVESTMENT PROPERTIES

FEBRUARY 6, 2017

BETHALTO

$59,500- 5216 STATE ROUTE 140 - DIPTOMAT PROPERTY MANAGER LLC TO DENNIS JOHNSON

COLLINSVILLE

$38,000- 1225 OLIVE ST. - STEVEN KITSCH TO CHRISTINE CALL
$140,000- 628 HIGH SCHOOL ST. - CARA FISCHER TO MARY PRACHT
$135,000- 545 PENNSYLVANIA AVE. - OSBORN AND OSBORN TO REGINALD GARDNER JR.
$141,000- 508 RICHTER HILL - GARY AND KIMBERLY CASTELLI TO BRIAN WORK

DORSEY

$96,250- 8586 SCHILLER ST. - DANE AND PAULA WALKINGTON TO DANE WALKINGTON

E. ALTON

$27,000- 141 VIRGINIA ST. - DANE AND MEGAN WALKINGTON TO DANE AND PAULA WALKINGTON

EDWARDSVILLE

$445,000- 3317 DRYSDALE CT. - CARRINGTON HOMES TO CHAKRAVARTHY GIRDA AND HIMA MEKALA
$147,500- 606 N. FILLMORE ST. - JEFFREY OVERY TO MATTHEW MILLER
$260,000- 3701 LAUREL OAK LN. - GERALD AND BARBARA MEZNARICH TO ERIC AND JENNIFER MEZNARICH

GLEN CARBON

$57,636- 3011 SCARLETT CT. - SAVANNAH CROSSING DEVELOPMENT TO CARRINGTON CUSTOM HOMES

GRANITE CITY

$25,205- 3208 CARLSON AVE. - JPMORGAN CHASE BANK TO HUNG QUOC UNG AND ROSE KIM BUI
$6,500- 2660 CENTER ST. - ESTATE OF NORMA CHESTERMAN TO SHERRY BARRERA
$750- 2540 MISSOURI AE. - DANNY DAWSON TO JAMES SATTERWHITE
$72,000- 4026 BRADEN AVE. - JUSTIN SCHNEIDER TO JERRY MCGILL AND TAMMY AND KEITH WIEDEMAN

MARYVILLE

$280,000- 6016 KEEBLER OAKS DR. - MICHAEL AND PAMELA BRADY TO DAVID AND DIANNE STEVENS

ST. JACOB

$13,000- 2137/2133 - WENDELL CREEK ESTATES TO WENDELL CREEK ESTATES HOMEOWNERS ASSOCIATION

TROY

$50,990- 205 MCCLELLAND DR. - CARRINGTON HOMES TO ASKEW BUILDERS

WORDEN

$240,000- 400 PHEASANT CT. - WILDEWOOD COVE DEVELOPMENT TO PATRICK LYERLA
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St. Clair County real estate Feb. 8-9

February 21, 2017, 9:12 pm
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FEBRUARY 8, 2017

BELLEVILLE

$124,800- 1009 E. B ST. - C&T RENTALS TO GURTEEN PROPERTIES
$1,000- 115 W. MONROE ST. - IRENE GRUND FIRSE TO ALEX MAY
$1,000- 113 W. MONROE ST. - IRENE GRUND FIRSE TO ALEX MAY
$71,118- 4200 SHIRLEY DR. - NATIONSTAR MORTGAGE TO SECRETARY OF HUD

COLLINSVILLE

$20,000- 2928 BLACK - DONALD OWENS TO RUBEN ARJON

E. CARONDELET

$13,000- 739 ADAMS RD. - SOUTHWESTERN ILLINOIS PROPERTIES TO SHELIA WILLIAMSON

MASCOUTAH

$82,281- BEE HOLLOW RD. - CHARLES DRESSLER TO MARY TRENTMAN

MILLSTADT

$60,000- 8878 STATE ROUTE 163 - JOE AND PAMELA MORGAN TO JOSHUA AND ASHLEY MERRITT

FEBRUARY 9, 2017

BELLEVILLE

$31,000- 1800 MUREN BLVD. - THE JOSEPH BELIVEAU TRUST TO GREGORY POWERS
$115,000- 901 SOUTHGATE DR. - JAMES HAEMAN TRUST TO DEBORAH RUST
$48,900- 615 SYCAMORE ST. - ZACHARY ULRICH AND STEPHANIE STRAUB TO AMANDA RILEY AND KATHERINE KRAMPF
$50,250- 9 CRANBROOK DR. - THE SECRETARY OF VA TO GREGORY POWERS

FAIRVIEW HEIGHTS

$11,500- 1437 MAGDALENA ST. - JESSE RYE TO JULIAN AND TRESA CHASTAIN
$17,500- 19 LEXINGTON DR. - US BANK TO JTF REAL ESTATE LLC

LEBANON

$435,658- 1316 MOREL CT. - SMR LLC TO LORETTA BETTEN

LENZBURG

$40,000- 200 E. LOCUST ST. - US BANK TO TARA AND CLAY CARMICHAEL

OFALLON

$62,000- 429 N. OAK ST. - JEROME BREWER TO CR HOLLAND CONSTRUCTION
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Alton attorney calls adoption agency’s motion to dismiss failed adoption suit ‘meritless;’ Hopkins: ‘Court should entertain sanctions’

February 21, 2017, 9:31 pm
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Attorney John Hopkins suggests that an adoption agency misrepresented and “cherry picked” a father’s alleged sexual assault in an effort to paint the couple in the worst light possible and argues that the agency’s motion to dismiss is “so meritless that the court should entertain sanctions.”

Adoption agency Family Choices, NFPC, filed a motion to dismiss a couple’s second amended complaint alleging a failed adoption resulted from Collinsville attorney Deborah Crouse-Cobb’s failure to disclose a conflict of interest in the adoption case.

Crouse-Cobb is adoption agent Susan Wolk’s sister, who worked on the adoption case at issue.

Family Choices filed its motion on Jan. 13 through attorney Raylene DeWitte Grischow of Hinshaw & Cubertson LLp in Springfield.

The defendant argues that both counts of the complaint “are so poorly pled” and that the theories the plainitffs “attempt to plead are unclear at best.”

The defendant also argues that the complaint fails to allege a legal theory that Family Choices violated to cause harm or damage to the plaintiffs, fails to allege any breach of the contract and fails to allege any breach of duty, any tort, malpractice or theory upon which relief can be granted.

“Plaintiffs jump to the conclusion that the wrongful conduct of Susan Wolk harmed them but fails to outline what exactly it is that Family Choices did wrong,” the motion states.

Plaintiffs Greg and Janet Warren responded to the motion to dismiss on Feb. 13 through Hopkins of Alton, arguing that the motion was conveniently filed five minutes before the courthouse closed on Friday before a federal holiday weekend and “is anything but focused and clear.”

“That Plaintiff respectfully states to the Court that their Amended Complaint is extraordinarily clear as to the allegations against the Defendant,” the response states. “Defendant’s wholly unsupported allegation of a failure to ‘allege sufficient facts to state a cause of action’ is without merit. It is so meritless that the court should entertain sanctions against the Defendant for such an inappropriate response.”

Calling the defendant’s theories “worthless,” Hopkins wrote that the Warrens had two separate and distinct theories of liability against Family Choices: liability as a direct result of Wolk’s actions and liability on the basis of institutional negligence stemming from the failure of controls exercised by Joyce Crouse, president of Family Choices and Wolk’s mother.

Hopkins also wrote that the defendant’s request for immunity for Wolk’s statements during the Nov. 22, 2013, adoption hearing “rests on a foundation of sand, capable of being destroyed with minimum effort.”

“That Defendant seeks the status of absolute privilege for the statements of Susan Wolk, admitting in the argument that statements may well have been made with direct malice toward the Plaintiffs. Such an obvious stretch cannot and should not be allowed by this Court,” Hopkins wrote.

He adds that the defendant is attempting to cloak Wolk’s testimony in immunity after she allegedly testified falsely and breached her duty on behalf of her employer.

“That to suggest a witness would be in some way inhibited from testimony should the privilege be denied is a ludicrous statement,” the response states. “Susan Wolk desired to testify before the Court and desired to harm the Plaintiff with premediated malice. Her false testimony wrongly influenced Judge Rice and should not be excused or enabled by this Court by dismissing Plaintiff’s Complaint.”

Hopkins also argues that Family Choices undertook a duty with respect to the plaintiffs when they entered into a contract at the request of former co-defendant Crouse-Cobb.

Circuit Judge William Mudge filed an order for the production of documents and in-camera inspection on Dec. 1, demanding the Department of Children and Family Services produce records of Gregory Warren concerning his daughter Stephanie Warren. The records are protected by a March 23 protective order and a Feb 22 HIPPA protective order and non-waiver order.

The plaintiffs filed a response on Jan. 25, arguing that problems developed since the order was entered concerning whether the records are whole and complete.

“That the plaintiffs’ position in this matter has always been and continues to be that unless the entirety of the record is produced, none of the record should be submitted for discovery,” Hopkins wrote.

Hopkins also notes that the defendant’s counsel sent a correspondence to the court on Dec. 9 directing Mudge on what to look for during his in camera inspection of the DCFS records.

The correspondence provides details of Greg Warren’s alleged sexual molestation of his daughter.

It continues by explaining that a home study was not written in the underlying adoption because Wolk learned that Greg Warren had a 50-year “hit” on his record with DCFS concerning the alleged child abuse incident with his daughter.

However, Hopkins points out that the alleged mark on Greg Warren's record was not mentioned during the November 2013 adoption hearing, making it inapplicable in this case.

“If indeed Mr. Warren had such a mark on his record, it was something that was well known to the Defendant Family Choices, NFPC, or at least should have been known, based upon their position of dealing with DCFS on a regular basis. The fact that this was NOT brought out during the initial discussions with the Warrens and the Defendants indicates this is something that was irrelevant in the thinking on the part of the Defendants,” Hopkins wrote. “If indeed it was something of substance, it should have been brought out at that time.”

Hopkins also argues that the defendant's correspondence is misleading, calling Wolk's testimony "reckless renegade actions."

“Counsel cherry picks through the deposition of the parties attempting to – as did her client Susan Wolk – to paint the parties in the worst possible light before the Court,” Hopkins wrote.

In their complaint, the Warrens claim they entered into a contractual relationship with attorney Crouse-Cobb of Crouse-Cobb & Bays in November 2013, to provide legal services related to the adoption of Jude Warren, the couple’s nephew.

However, they claim Crouse-Cobb failed to disclose her relationship with Family Choices.

The Warrens allege Crouse-Cobb prepared a surrender document for the signature of the natural parents, but the document improperly designated Family Choices as the recipient of the child.

Crouse-Cobb also allegedly told the plaintiffs that it was necessary to appoint an agency to investigate the adoption of the child, but state statute has no such requirement if the child is related to the adopters, the Warrens claim in their August 2015 suit.

The Warrens further argue that the case was delayed for more than 12 months, which rendered the parental surrenders irreversible and caused the child to be placed with Family Choices. The adoption petition was ultimately dismissed.

The Warrens settled their case with Crouse-Cobb on Dec. 1.

Madison County Circuit Court case number 15-L-1518
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Madison County jury awards woman $60K in suit alleging she fell through cellar door of foreclosed property

February 21, 2017, 9:37 pm
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A Madison County jury awarded a woman $60,000 in a suit alleging she fractured her foot after falling through a cellar door while looking at a Collinsville property for sale.

The four-day trial ended on Feb. 17 in Circuit Judge Barbara Crowder’s court after the jury returned a verdict in favor of plaintiff Patricia Fuentes.

Fuentes was awarded $30,000 for pain and suffering, $25,000 for loss of a normal life and $5,000 for disfigurement resulting from the injury.

However, the jury found that Fuentes was also negligent, determining that her attributable negligence amounted to 45 percent.

After reducing the plaintiff’s percentage of negligence, Fuentes’ recoverable damages were $33,000.

Attorney Timothy Chartrand of Williamson Webster Falb & Glisson in Alton represented Fuentes during the trial.

Tori Walls of Reed Armstrong Mudge & Morrissey in Edwardsville represented defendant Blasingame Group Inc., doing business as Star Realtors.

Fuentes filed her complaint on Nov. 21. She alleged that on Jan. 31, 2013, she entered a property located at 714 E. Clay Street in Collinsville to view the home, which was listed for sale.

She claimed the property went into foreclosure on Sept. 10, 2010, and had been vacant and unoccupied for at least two years prior to the alleged incident.

Fuentes alleged she and her daughter were driving through the neighborhood when she saw the “For Sale” sign in the yard and pulled over to walk the property.

Fuentes claimed there was a concrete porch at the rear of the property with a cellar door flush with the concrete. The cellar door had several concrete steps that were allegedly “eroded and worn” and led to the cellar underneath the home.

Fuentes stepped on the cellar door and allegedly fell through, fracturing her foot/heel, resulting in surgery with plates and screws.

The plaintiff alleged Blasingame Group was negligent in inspecting the property and in failing to identify the alleged condition prior to her fall.

Blasingame Group denied that it was negligent or willful and wanton. It also denied that it owed Fuentes a duty and that she was injured to the extent claimed.

In its affirmative defenses, Blasingame Group argued that Fuentes was trespassing at the time of her injury and negligently failed to keep a proper lookout for where she was walking.

On Feb. 16, Blasingame Group filed a motion for a directed verdict, arguing that Fuentes “failed to prove that Defendant owed her a duty of care, either under the common law or under the Master Listing Broker Services Agreement.”

The defendant alleged that the plaintiff did not prove that it had any ownership interest in the Collinsville property and did not prove that the defendant possessed, occupied, controlled or intended to control the property.

It also argued that Fuentes failed to prove that the defendant had a duty to protect her from any alleged condition on the property, “especially when she was a trespasser at the time of her alleged fall.”

Blasingame Group further argued that its employees performed weekly inspections, including inspecting the cellar door, but never determined the door to be a hazard until Jan. 30, 2013, because it was previously secured.

Blasingame Group argued that the position of the cellar door changed between Jan. 28, 2013, and Jan. 30, 2013, when it shifted off the hinges. Fuentes fell one day later.

“Plaintiff has not established that Defendant acted with any evil intent, any malice, or with complete disregard for Plaintiff’s safety when it failed to report the condition of the door to Hometelos on January 30, 2013,” the motion stated.

Madison County Circuit court case number 13-L-1943
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Van Hoose says he plans to appeal or seek reconsideration of misdemeanor assault conviction

February 22, 2017, 8:02 am
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Brad Van Hoose of Belleville said he expects his attorney will seek reconsideration of a bench verdict that found him guilty on Friday of misdemeanor assault of Caseyville Mayor Leonard Black.

Van Hoose said he believed the conviction was unfair because his attorney, Jack Daugherty of Alton, prepared to defend the felony charge for which he was tried - threatening a public official - not the charge that resulted in his conviction.

In a one-day bench trial, St. Clair County Associate Judge Randall Kelley ruled that Van Hoose’s conduct in an April 2016 incident did not constitute a felony.

A felony conviction for threatening an official carries a sentence of between two and five years in prison.

Kelley found that special prosecutor David Rands failed to connect Van Hoose’s conduct to Black’s performance of his official duties. Instead of finding Van Hoose not guilty of the charge he faced, Kelley ruled that an assault did take place and fined him $250 with one year of court supervision.

"I'm not guilty of any crime and I'm not going to accept a conviction," Van Hoose said. "I was found innocent of a felony and I don't know how it qualified to a misdemeanor."

Van Hoose also said that he would move for reconsideration based on what he said was a past attorney-client relationship between a key witness in his prosecution, radio voice Bob Romanik, and Judge Kelley.

Black, Romanik and Caseyville Police Chief Frank Moore testified against Van Hoose at trial.

Van Hoose said that Kelley did not disclose that he had represented Romanik in the 1980s.

He pointed to a June 8, 1986 Belleville News-Democrat article which indicated that attorney Randy Kelley represented Romanik, who had been fired as Washington Park police chief. The article reported details of Romanik's firing, and Kelley was quoted as saying the decision to fire him had been pre-determined by the municipality's police and fire board.

On Tuesday, Kelley said that he was not aware of any relationship and "never had any relationship" with Romanik. He also said that a legal matter from 1986 would be "well beyond any parameters to have concern."

State attorney registration records identify only one individual as Randall Kelley, who was admitted into the state bar in 1980 and who is currently on judicial status.

Last year, grand jurors charged Van Hoose with threatening a public official on April 15, 2016, stemming from a shouting match that took place outside a building in Caseyville that houses a diner on the ground floor and a tavern below.
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Workers' comp attorney praises Wisconsin governor for proposed elimination of review board

February 22, 2017, 1:29 pm
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CHICAGO – An Illinois workers’ compensation attorney is saluting Wisconsin Gov. Scott Walker for his proposal to eliminate an independent review board that handles work comp cases.

Eugene Keefe, a partner with Keefe, Campbell, Biery and Associates, believes Illinois should learn from Walker.

“The problem we have in Illinois is we have too much government,” Keefe told the Record.

In Walker’s 2017-19 budget plan, the governor has proposed $593 million in tax and fee cuts including the defunding of the Labor and Industry Review Commission (LIRC) by 2019.

By defunding the LIRC, the governor believes he will save about $3.2 million over a two-year span.

“Scott Walker is a genius in my opinion,” Keefe said. “He has cut annual spending by like $5 billion a year.”

“In Illinois, we’ve gone the other way,” Keefe continued.

The LIRC is a three-member board that is responsible for reviewing appeals of disputed workers’ compensation claims.

“Walker, by getting rid of the board, is saying ‘we don’t need that much government,'” Keefe said.

In Illinois, workers’ compensation claims go through five levels of hearings and appeals.

“All of those processes cost Illinois taxpayers a lot of money,” Keefe said.

According to Keefe, the annual number of workers’ compensation claims has dropped over recent years from about 75,000 a year to 45,000 a year, but the state has increased the size of the workers’ compensation board.

The Illinois Workers’ Compensation Commission has 10 members on the board. However, there also is the Commission Review Board, Self-Insurers Advisory Board, Workers’ Compensation Advisory Board and the Workers’ Compensation Medical Fee Advisory Board.

“Governor Walker is taking out one of those processes,” Keefe said.

By doing so, cases could be decided faster and more cases could be heard in a timely manner, Keefe said.

Keefe also mentioned the handling of Wisconsin employee workers’ compensation cases as an efficient system. He said employees go through an internal administrative appeal; but do not go through the courts.

In Wisconsin, Walker's proposal would have appeals undergo a secondary review process before going to the circuit court, however the plan does not specify what that process would look like.

Keefe also suggested another way for Illinois to cut back government and save taxpayers money - more automation in collecting highway tolls.

According to Keefe, the state only has one automated toll collector.

“Illinois spends about $100 million collecting tolls,” Keefe said.

Keefe went on to say that not only is job of collecting tolls boring, but it is also dangerous and many of those workers file workers’ compensation claims. 
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Early voting is on for April 4 consolidated election

February 22, 2017, 2:28 pm
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Early voting for the upcoming April 4 election began today and will run through April 3.

St. Clair County voters can cast their ballots on the second floor of the county administration building in Belleville Monday through Friday from 8:30 a.m. to 5 p.m. For a list of early voting location sites throughout the county, check the clerk's website at www.countyclerk.co.st-clair.il.us.

The clerk's office also is open for early voting on Saturday, March 4 and 25, and on April 1 from 8:30 a.m. to noon.

The last day to register is Tuesday, March 7.

Anyone who wants to register, make a name or address change can do so at the clerk's office from 8:30 a.m. to 5 p.m., Monday through Friday.

The county clerk's office also will be open on Saturday, March 4  for voter registration and most other county clerk business.

Voter registration can be made at any city or village hall, township office, library or on the clerk's website.

Registrants must have two forms of ID - one of which must have a current name and address.

Grace period voting begins March 8 and runs through April 4. Those wishing to vote and who have not registered may do so in the grace period - but registrants must vote at the time they register.
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Driver, passengers allege injuries from rear-end crash

February 17, 2017, 1:54 pm
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BELLEVILLE — A driver and several passengers are suing a motorist for allegedly causing a rear-end collision.

Kacie Ross, Terrance Ross, and Kacie Ross as guardian of minors Xyon Ross and Keanan Burton filed a complaint on Jan. 19 in the St. Clair County Circuit Court against James Ellison, alleging he breached his duty to operate his vehicle in a safe and prudent manner.

According to the complaint, the plaintiffs allege that on Nov. 4, 2015, Kacie Ross was operating a vehicle that was stopped in traffic at the intersection of North Belt West and North 17th Street in Belleville when the defendant rear-ended her vehicle, causing the plaintiff to sustain severe and permanent injuries.

At the time of the accident, plaintiffs Terrance Ross, Xyon Ross and Keanan Burton were passengers in Kacie Ross' vehicle. They also sustained severe and permanent injuries, the suit alleges.

The plaintiffs allege Ellison failed to reduce speed to avoid the accident, failed to maintain sufficient distance and failed to maintain a proper lookout.

The plaintiffs request a trial by jury and seek judgment in an amount greater than $50,000 for each of them, plus costs of this suit.

They are represented by Matthew J. Marlen of Matthew J. Marlen PC in Belleville.

St. Clair County Circuit Court case number 17-c-20

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Visitor sues Wood River property owner over trip, fall

February 27, 2017, 12:57 pm
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EDWARDSVILLE — A Madison County man is suing a Wood River property owner after he allegedly tripped on uneven steps and fell.

Larry Kemp Sr. filed a complaint Feb. 22 in Madison County Circuit Court against Henry Gogloza, alleging he breached his duty to provide a safe premises.

According to the complaint, on June 20, 2015, Kemp was visiting a tenant who resided at the property owned by Gogloza at 212 12th St. in Wood River. As he was walking down the steps, Kemp claims he fell, causing him to sustain injuries to his back. 

The lawsuit states Kemp has suffered physical and mental pain, disfigurement, lost wages and incurred medical expenses.

The plaintiff alleges Gogloza negligently maintained an exit and entryway stair that were in disrepair, uneven and different in sizes and failed to repair the dangerous condition prior to leasing.

Kemp seeks trial by jury, judgment exceeding $50,000, plus costs of suit.

He is represented by attorney Michael P. Glisson of Williamson, Webster, Falb & Glisson in Alton.

Madison County Circuit Court case number 17-L-277

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Bank accuses Wood River man of contract breach

February 27, 2017, 1:03 pm
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EDWARDSVILLE — A bank is suing a Wood River man for allegedly failing to make payments.

Regions Bank filed a complaint Feb. 21 in Madison County Circuit Court against Larry Campbell, alleging he failed to fulfill his obligations under the note.

According to the complaint, on Oct. 30, 2012, Regions Bank entered into a written contract with Campbell in which the defendant issued a promissory note and agreed to repay the principal amount of $53,967.14. 

As of Jan. 27, 2017, the defendant is indebted to the bank for $54,375.11. The plaintiff alleges Campbell has failed to make payments as promised and agreed, the suit states.

Regions Bank seeks trial by jury, judgment for $54,375.11, plus interest, attorney fees, costs and court expenses and all other proper relief.

It is represented by attorneys Michael K. Daming II and Evelyn I. Sims of Wasinger Daming LC in St. Louis, 

Madison County Circuit Court case number 17-L-274

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Woman accuses driver for allegedly causing crash

February 27, 2017, 1:12 pm
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EDWARDSVILLE — A Madison County motorist is suing another driver, alleging the defendant's negligence caused a crash.

Shari Kruse filed a complaint Feb. 21 in Madison County Circuit Court against Brianna Laleman, alleging the defendant was operating her vehicle at a high rate of speed.

According to the complaint, on April 7, 2016, Kruse was driving a 2011 Kia Optima west on state Route 40 in St. Jacob Township when Laleman allegedly collided with the rear of her vehicle.

As a result of the collision, Kruse claims she sustained severe and permanent injuries both externally and internally. 

The plaintiff alleges Laleman failed to keep a careful lookout, failed to maintain proper control of her vehicle and failed to reduce speed or stop her vehicle to avoid a collision.

Kruse seeks trial by jury, judgment exceeding $50,000, plus costs of suit.

She is represented by attorney Ronald S. Motil of Beatty & Motil in Glen Carbon.

Madison County Circuit Court case number 2017-L-271

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