Date range: April 11-18, 2017. Visit the “Court News” category under the “Community News” tab for other editions.

LAWSUITS

A Brighton property owner is suing Paul Phelan, Jerseyville, and the GT/LT Trust, Jerseyville, for damages in excess of $50,000, claiming her property was permanently contaminated with gasoline from leaking underground storage tanks located on property for which the defendants allegedly are responsible. The plaintiff, Donna Schlief, claims she owns about 13 acres lying north of the site of a former gas station in the 1000 block of Main Street, Brighton, that is owned by Phelan. The suit claims three underground storage tanks, installed between 1920 and the 1970s and removed between 1998 and 2005, were once located on the Phelan property. In December 1998, according to the suit, Phelan reported to the Illinois Emergency Management Agency that one of the tanks was leaking gasoline. Four years later, Phelan allegedly wrote to the plaintiff saying no contamination was discovered on the adjacent property and asked for her permission to allow United Science Industries to conduct testing on her property. Schleif gave her permission and the testing apparently was conducted, but Schlief claims she heard nothing more from Phelan or United Science Industries, which later went out of business. Subsequently, Ketchum and Eves, Inc., reportedly was retained to conduct new testing on the Phelan property, which revealed excessively high concentrations of benzene, a known carcinogen, the suit alleges. According to the suit, some 7,000 tons of contaminated soil was removed from the Phelan property, but the benzene contamination could not be abated. As a result, concrete pads were installed on the northeast and southeast corners of the property in an effort to blocking benzene vapor emissions. The suit further alleges that in December 2015, Schleif received a letter from Ketchum and Eves stating that her property was included in an area subject to groundwater ordinances forbidding the use of water wells for drinking water. A month later, Ketchum and Eves wrote to Schlief saying there was no analytical data demonstrating contamination of her property and asking for permission to conduct further testing on her property, which revealed excessive levels of benzene on the Schlief property. According to the suit, it was the first time the plaintiff had any knowledge that her property had been contaminated by the leak. Responding to a Corrective Action Report issued by the Illinois Environmental Protection Agency, Ketchum and Eves began remediation on the plaintiff’s property in October 2016, removing 367 tons of contaminated soil. The suit alleges, however, that no remediation took place under City Limit Road, which lies between the plaintiff’s and defendant’s properties. Since no remediation took place under the road, the suit contends the plaintiff’s property is subject to recontamination as contaminants continue to migrate from Phelan’s property to hers. The suit alleges the defendants were negligent, trespassed on the plaintiff’s property by virtue of allowing the contamination and created a nuisance. As a result of the alleged conduct, she claims remediation of her property can never be fully accomplished, that it will never again be safe to drink well water from her property, that crop yields will be diminished, rental income from the property will be diminished and that the contamination will continue to be a risk to the health of the plaintiff, farm workers and tenants. The suit demands a jury trial.

A Brighton man who allegedly was twice beaten in his own home by an Alton man two years ago is suing his attacker for more than $50,000. The plaintiff, Chad J. Strohkirch claims he, Aaron P. Parka, Alton, and a female friend, Nicole Austin, went to the Bunkhouse tavern in Bunker Hill on May 12, 2015. Strohkirch and Austin later left the bar and went to Strohkirch’s home, leaving Parka behind at the Bunkhouse. Upon arriving at Strohkirch’s home, the couple went to bed, according to the suit, and sometime later, Parka entered the home without permission and attacked Strohkirch in the bedroom. The suit claims Parka struck Strohkirch in the face with a computer chair and repeatedly struck Strohkirch in the face with his fists. After Parka left, Strohkirch went into the bathroom to wash off blood from the attack and clean his injuries, according to the suit. Parka then allegedly returned to the home, locked himself in the bathroom with Strohkirch and again struck Strohkirch repeated in the face with this fists. The multiple-count lawsuit accuses Parka of assault, battery, infliction of emotional distress, trespass and false imprisonment. Strohkirch seeks a monetary judgment in excess of $50,000 for his alleged injuries, pain and anguish, medical expenses and dental expenses.

Capital One Bank is suing John G. Crocks, Girard, for $10,535.17, plus court costs, that the plaintiff claims is owed on an allegedly defaulted credit card account.

Asset Management, LLC, is suing Maurice R. Brubaker, Virden, for $14,207.82, plus court costs, that the plaintiff claims is owed on an allegedly defaulted Citibank/Sears Gold credit card account.

SMALL CLAIMS

No court date has been set in a slander action filed by a Sawyerville man after a Macoupin County Circuit Court judge denied the plaintiff’s petition to waive filing fees. In the suit, Christopher Hicks is seeking damages of $10,000 from Jennifer K. Miller, Sawyerville, claiming Miller “knowingly communicated false allegations” against Hicks, “as well as false allegations that constitute ‘special damages’ according to 740-ILCS-145.” The statute cited refers to slander and libel under civil law. According to docket entries for the case, no court date will be set until Hicks pays filing fees of $136 to the Circuit Clerk and $54 to the Sheriff’s Department for serving a summons.

Capital One Bank is suing Dennis R. Miller, Carlinville, for $2,735.17, plus court costs, that the plaintiff claims is owed on an allegedly defaulted credit card account.

St. Francis Hospital, Litchfield, is suing Scott T. Forbes, Mount Olive, for $1,377.66, plus court costs, allegedly owed for hospital goods and medical services.

Discover Bank is suing Jeramie M. McFarland, Virden, for $3,137.41, plus court costs, that the plaintiff claims is owed on an allegedly defaulted credit card account.

Discover Bank is suing Emily Wilson, Virden, for $1,799.37, plus court costs, that the plaintiff claims is owed on an allegedly defaulted credit card account.

Cavalry SPV I, LLC, is suing Sam D. Ward, Brighton, for $4,319.36, plus court costs, that the plaintiff claims is owed on an allegedly defaulted Citibank/Sears credit card account.

Cavalry SPV I, LLC, is suing Janice K. Wood, Brighton, for $4,582.32, plus court costs, that the plaintiff claims is owed on an allegedly defaulted Citibank/Sears credit card account.

Crown Asset Management, LLC, is suing Beth A. Bramley, Brighton, for $3,543.56, plus court costs, that the plaintiff claims is owed on an allegedly defaulted Citibank/Home Depot credit card account.

Capital One Bank is suing Carrie Vannatta, Palmyra, for $1,268.45, plus court costs, that the plaintiff claims is owed on an allegedly defaulted credit card account.

Capital One Bank is suing Sandra M. Petty, Gillespie, $2,770.20, plus court costs, that the plaintiff claims is owed on an allegedly defaulted credit card account.

Discover Bank is suing Kacie Meisenheimer, Virden, $1,3676.37, plus court costs, that the plaintiff claims is owed on an allegedly defaulted credit card account.

Portfolio Recovery Associates, LLC, is suing Karen Warren, Plainview, for $2,095.912, plus court costs, that the plaintiff claims is owed on an allegedly defaulted Synchrony Bank/Walmart credit card account.

Midland Funding, LLC, is suing Amy Hubbard, Brighton, for $1,619.90, plus court costs, that the plaintiff claims is owed on an allegedly defaulted Synchrony Bank/J.C. Penney credit card account.

Midland Funding, LLC, is suing Angela Griffith, Girard, for $3,028.58, plus court costs, that the plaintiff claims is owed on an allegedly defaulted Citibank/Sears credit card account.

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Midland Funding, LLC, is suing Mary Vannatto, Carlinville, for $978.14, plus court costs, that the plaintiff claims is owed on an allegedly defaulted Credit One Bank credit card account.

Peggy Opremchak, Virden, is suing Doug Baker, Virden, for $545 she claims the defendant owes her from a deposit she allegedly paid on an apartment in the 600 block of Dean Street that she rented from Baker.

Kravanya Funeral Homes, Gillespie, is suing William Thornhill II, Alton, for $3,043.50, plus court costs and $652.59 in interests, that the plaintiff claims is owed for funeral services provided in December 2013.

Kravanya Funeral Homes, Gillespie, is suing Tina Favre, Gillespie, for $8,458.44, plus court costs and $191.74 in interest, that the plaintiff claims is owed for funeral services provided in June 2016.

Kravanya Funeral Homes, Gillespie, is suing Kelly Hutchins, Gillespie, for $3,650.50, plus court costs and $138.96 in interest, that the plaintiff claims is owed for funeral services provided in January 2016.

FELONIES

Russell J. Horrighs, 32, Virden, is charged with criminal damage to property in excess of $500 in connection with an April 6 incident during which he allegedly caused more than $500 but less than $10,000 in damage to a red semi-truck tractor owned by Flowers Sanitation. Horrighs is accused of pulling a CB radio off its bracket, pulling the headliner down in the passenger compartment and tearing off speaker covers.

Annyssa R. Myers, 27, Virden, is charged with possession of less than five grams of a substance containing methamphetamine in connection with a Jan. 21 incident in Girard.

Terry A. Rigney, 33, Virden, is charged with possession of less than five grams of methamphetamine in connection with a Feb. 27 incident in Girard.

Earl T. Schofield, 30, Scottville, is charged with possession of a controlled substance in connection with an Oct. 23, 2016, incident in Girard. Schofield is accused of possessing less than 15 grams of a substance containing AB-FUBINACA, a designer drug/synthetic cannabis, when his vehicle was stopped for an alleged traffic violation. In addition to the felony charge, Schofiled faces traffic charges for allegedly driving on a suspended driver’s license, operating an uninsured vehicle, driving without headlights when required, driving a vehicle without a valid registration and driving a vehicle with an expired registration.

Joshua L. Gooding, 29, Carlinville, is charged with possession of less than five grams of methamphetamine in connection with an April 9 incident in Carlinville.

Terry A. Rigney, 33, Virden, is charged with possession of five to 15 grams of methamphetamine in connection with an April 10 incident in Girard.

William K. Flowers, 27, Carlinville, is charged with two counts of failing to register as a sex offender as of April 5 for allegedly falsely reporting to the Carlinville Police Department that he was homeless when he actually was living in the 700 block of Johnson Street in Carlinville, and falsely reporting to the Carlinville Police Department that he was unemployed. The first count was elevated to a felony due to a previous conviction from 2013 for failing to register as a sex offender.

MISDEMEANORS

William K. Flowers, 27, Carlinville, is charged with violating a court order of protection in connection with an April 8 incident in Carlinville during which he allegedly came within 500 feet of a female subject to a court order of protection against him.

Mark B. Bersch, 60, Carlinville, is charged with domestic battery with bodily harm in connection with an April 5 incident in Carlinville.

Bonnie A. Hill, 58, Staunton, is charged with battery in connection with an April 2 incident in Staunton during which she allegedly caused bodily harm by striking a female victim in the face with her fist.

Richard A. King, 41, Marissa, is charged with assault in connection with an April 10 incident in Carlinville during which he allegedly threatened a female victim by raising his fist and advancing toward her.

Theodore M. Holmes, 46, Palmyra, is charged with disorderly conduct in connection with an April 10 incident during which he allegedly told a female he would kill her if she called police in such a manner as to alarm and disturb the victim and provoke a breach of the peace.

Jasper D. Washington, 33, Carlinville, is charged with domestic battery in connection with an April 9 incident in Carlinville during which he allegedly caused bodily harm by grabbing his girlfriend by her neck.

Several area residents have been charged with deceptive practice for allegedly writing checks to local businesses while knowing their banks would not honor the drafts. Those charged include: Jacqueline A. Saffell, 30, Greenfield, accused of writing three bad checks to the Waytown Tavern, Girard, on Feb. 27, in the amounts of $245, $300 and $200; Vickie L. Ferratto, 53, Benld, accused of writing a bad check for $97.91 on Jan. 20 to Randy’s Market, Benld; Clinton C. Dunbar, 27, Girard, accused of writing a bad check for $60 on Feb. 10 to Joseph F. Boente Sons, Carlinville; Brandy L. Augustine, 37, Staunton, accused of writing a bad check for $149 on Feb. 4 on Feb. 4 to the Animal Doctors, Staunton; Jesse A. Scroggins, 38, Bunker Hill, accused of writing a bad check for $30 on Feb. 8 to the Animal Doctors, Staunton; and Jenni L. Parish, 39, Litchfield, accused of writing a bad check for $59.69 on Jan. 25 to Macoupin Family Practice Centers, Gillespie.

TRAFFIC

Clarence A. Steele, 43, Carlinville is charged with driving under the influence of alcohol and driving on a suspended driver’s license in connection with an April 11 incident.

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Todd Starks, 29, St. Louis, Mo., is charged with driving under the influence of alcohol in connection with an April 15 incident. Starks also faces a traffic charge for alleged illegal transportation of alcohol by a driver and a civil law offense of possession of 10 grams or less of a substance containing cannabis.

DISSOLUTIONS OF MARRIAGE FILED

• Carolyn Noel Sawyer, Mount Olive, vs. Nathaniel David Sawyer, Staunton.
• Karen Boston, Eagarville, vs. Shane Boston, Eagarville.
• Kris E. Elliott, New Douglas, vs. Pamela R. Elliott, Virden.
• Tara Reyes, Girard, vs. Jose Michael Reyes, Virden.

DISSOLUTIONS OF MARRIAGE GRANTED

• Tara Reyes, Girard, vs. Jose Michael Reyes, Virden.

MARRIAGE LICENSES

• Jerry A. Crites, Benld, and Haylie M. Kirkwood, Dorchester.
• James L. Webb and Shanna M. Saulsberry, both of Sawyerville.
• Christopher Andrew Wetherington and Valerie Joy Sherman, both of Carlinville.
• Michael A. Pegg and Cori M. Borror, both of Mount Olive.

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