(Published in the Montgomery County Chronicle on Dec. 18, 25 and Jan. 1, 2008)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KAN., CIVIL DEPARTMENT

Countrywide Home Loans Servicing LP (Plaintiff)
vs.
Judy A. Crumrine, et al. (Defendants)
Case No. 08CV152I
Court Number:
Pursuant to K.S.A. Chapter 60

Notice Of Sale
Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Montgomery County, Kansas, the undersigned Sheriff of Montgomery County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the the South door of the Judicial Center of the Courthouse at Independence, Montgomery County, Kansas, on January 15, 2009, at 2:00 PM, the following real estate:
Lot 6, Cresthill Addition to the City of Independence, Montgomery County, Kansas, commonly known as 201 Crestview Drive, Independence, KS 67301 (the “Property”)
to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com.
Stanley Veach, Sheriff
Montgomery County, Kansas
South & Associates, P.C.
Tricia M. Oldridge (KS #18213)
6363 College Boulevard, Suite 100
Overland Park, Kansas 66211
(913) 663-7600
(913) 663-7899 (Fax)
Attorneys For Plaintiff (92556)

* * * *

(Published in the Montgomery County Chronicle on Dec. 18, 25 and Jan. 1, 2008)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KANSAS

Chase Home Finance LLC (Plaintiff)
vs.
Gerard G. Williams and Stephanie Williams, et al. (Defendants)
Case No. 08CV151I
Court Number:
Pursuant to K.S.A. Chapter 60

Notice Of Sale
Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Montgomery County, Kansas, the undersigned Sheriff of Montgomery County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the the South door of the Judicial Center of the Courthouse at Independence, Montgomery County, Kansas, on January 15, 2009, at 2:00 PM, the following real estate:
Beginning at the NE corner of the NE/4 of Section 32, Township 32, Range 16, Montgomery County, Kansas, thence West 311 feet, thence South 1,478 feet more or less to the North bank of ravine, thence Northeasterly along the North edge of the ravine to the East line of said NE/4, thence North to place of beginning, lying South of U.S. Highway 160, Montgomery County, Kansas, EXCEPT a tract of land located in a portion of the NE/4 of Section 32, Township 32 South, Range 16 East of the 6th P.M., Montgomery County, Kansas, and being more particularly described as follows:
Commencing at the NE corner of the NE/4 of said Section 32; THENCE South 00 degrees 00 minutes 00 seconds East (assumed bearing) along the East line of said NE/4 a distance of 382.90 feet to the South right of way line of U.S. Highway 160, and the POINT OF BEGINNING of the herein described tract of land; THENCE continuing South 00 degrees 00 minutes 00 seconds East along the East line of said NE/4 a distance of 589.00 feet; THENCE North 88 degrees 27 minutes 54 seconds West a distance of 165.00 feet;
THENCE North 00 degrees 23 minutes 46 seconds East a distance of 534.00 feet to said South right of way line of U.S. Highway No. 160; THENCE North 72 degrees 34 minutes 49 seconds East along said South right of way line a distance of 169.00 feet to the POINT OF BEGINNING, commonly known as 2115 E. Main Street, Independence, KS 67301 (the “Property”)
to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com.
Stanley Veach, Sheriff
Montgomery County, Kansas
South & Associates, P.C.
Mark Mellor (KS #10255)
6363 College Boulevard, Suite 100
Overland Park, Kansas 66211
(913) 663-7600
(913) 663-7899 (Fax)
Attorneys For Plaintiff (92582)

* * * *

(Published in the Montgomery County Chronicle on Dec. 18, 25 and Jan. 1, 2008)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KANSAS

Chase Home Finance LLC (Plaintiff)
vs.
Jack L. Osborne and Jean A. Osborne, et al. (Defendants)
Case No. 08CV148I
Court Number:
Pursuant to K.S.A. Chapter 60

Notice Of Sale
Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Montgomery County, Kansas, the undersigned Sheriff of Montgomery County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the the South door of the Judicial Center of the Courthouse at Independence, Montgomery County, Kansas, on January 15, 2009, at 2:00 PM, the following real estate:
Lot 45, College Crest Addition #3 to the City of Independence, Montgomery County, Kansas, commonly known as 1008 N. 18th Place, Independence, KS 67307 (the “Property”)
to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com.
Stanley Veach, sheriff
Montgomery County, Kansas
South & Associates, P.C.
Tricia M. Oldridge (KS #18213)
6363 College Boulevard, Suite 100
Overland Park, Kansas 66211
(913) 663-7600
(913) 663-7899 (Fax)
Attorneys For Plaintiff (92099)

* * * *

(Published in the Montgomery County Chronicle on Dec. 18, 25 and Jan. 1, 2008)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KAN., CIVIL DEPARTMENT

CitiMortgage, Inc. (Plaintiff)
vs.
Gary L. Thornton and Carol M. Thornton, et al. (Defendants)
Case No. 08CV115I
Court Number:
Pursuant to K.S.A. Chapter 60

Notice Of Sale
Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Montgomery County, Kansas, the undersigned Sheriff of Montgomery County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the the South door of the Judicial Center of the Courthouse at Independence, Montgomery County, Kansas, on January 15, 2009, at 2:00 PM, the following real estate:
The East 80 Feet of Lot 1 and the North 5 1/2 Feet of the East 80 Feet of Lot 2, Block 29, City of Independance, Montgomery County, Kansas., commonly known as 219 N. 5th Street, Independence, KS 67301 (the “Property”)
to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com.
Stanley Veach, sheriff
Montgomery County, Kansas
South & Associates, P.C.
Mark Mellor (KS #10255)
6363 College Boulevard, Suite 100
Overland Park, Kansas 66211
(913) 663-7600
(913) 663-7899 (Fax)
Attorneys For Plaintiff (90226)

* * * *

(Published in the Montgomery County Chronicle on Dec. 18, 25 and Jan. 1, 2008)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KANSAS

NATIONAL CITY MORTGAGE CO. (Plaintiff)
vs.
MICHAEL R STEVENS, et. al. (Defendants)
No. 08CV68I
Div. No.
K.S.A. 60
Mortgage Foreclosure

NOTICE OF
SHERIFF’S SALE
Under and by virtue of an Order of Sale issued by the Clerk of the District Court in and for the said County of Montgomery, in a certain cause in said Court Numbered 08CV68I, wherein the parties above named were respectively plaintiff and defendant, and to me, the undersigned Sheriff of said County, directed, I will offer for sale at public auction and sell to the highest bidder for cash in hand at the south door of Judicial Center in the City of Independence in said County, on January 15, 2009, at 2:00 pm, of said day the following described real estate located in the County of Montgomery, State of Kansas, to wit:
LOT 14, RIVERVIEW ADDITION #2, CITY OF INDEPENDENCE, MONTGOMERY COUNTY, KANSAS, Commonly known as 813 E Main, Independence, Kansas 67301
This is an attempt to collect a debt and any information obtained will be used for that purpose.
Stanley Veach, sheriff
Montgomery County, Kansas
SHAPIRO & MOCK, LLP
Attorneys for Plaintiff
6310 Lamar, Suite 240
Overland Park, KS 66202
(913) 831-3000
Fax No. (913)831-3320

* * * *

(Published in the Montgomery County Chronicle on Dec. 18, 25 and Jan. 1, 2008)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KANSAS

Deutsche Bank National Trust Company, as Trustee for FFMLT Trust 2005-F11, Mortgage Pass-Through Certificates, Series 2005-FF11 (Plaintiff)
vs.
Erich Umlauf a/k/a Erich S. Umlauf; Dalia A. Umlauf a/k/a Dalia Umlauf; John Doe (Tenant/Occupant); Mary Doe (Tenant/Occupant); First Franklin Financial Corporation, (Defendants)
Case No. 08CV169I
Court Number:
Pursuant to K.S.A. Chapter 60

Notice Of SUIT
THE STATE OF KANSAS, to the above-named defendants and the unknown heirs, executors, administrators, devisees, trustees, creditors and assigns of any deceased defendants; the unknown spouses of any defendants; the unknown officers, successors, trustees, creditors and assigns of any defendants that are existing, dissolved or dormant corporations; the unknown executors, administrators, devisees, trustees, creditors, successors and assigns of any defendants that are or were partners or in partnership; the unknown guardians, conservators and trustees of any defendants that are minors or are under any legal disability; and the unknown heirs, executors, administrators, devisees, trustees, creditors and assigns of any person alleged to be deceased, and all other persons who are or may be concerned.
You are notified that a Petition has been filed in the District Court of Montgomery County, Kansas, praying to foreclose a real estate mortgage on the following described real estate:
Lots 3 and 4 Except the West 300 feet thereof, Sunset View Subdivision of the NW/4 of the NW/4 of Section 19, Township 32, Range 16, Montgomery County, Kansas, commonly known as 2609 N. Pennsylvania Avenue, Independence, KS 67301 (the “Property”)
and all those defendants who have not otherwise been served are required to plead to the Petition on or before the 28th day of January, 2009, in the District Court of Montgomery County, Kansas. If you fail to plead, judgment and decree will be entered in due course upon the Petition.

NOTICE
Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §1692c(b), no information concerning the collection of this debt may be given without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction. The debt collector is attempting to collect a debt and any information obtained will be used for that purpose.
Tricia M. Oldridge (KS Bar No. 18213)
South & Associates, P.C.
245 N. Waco St., Suite 400
Wichita, KS 67202
ATTORNEYS FOR PLAINTIFF (93556)

* * * *

(Published in the Montgomery County Chronicle Thursday, Dec. 18 and 25, 2008)

CITY OF CANEY
RESOLUTION NO. 1190
A RESOLUTION ADOPTED PURSUANT TO ARTICLE 4, CHAPTER IV OF THE CODE OF THE CITY OF CANEY, KANSAS, FIXING A TIME AND PLACE FOR HEARING AND PROVIDING FOR NOTICE UPON THE STATEMENT OF THE ENFORCING OFFICER OF SAID CITY THAT THE STRUCTURE DESCRIBED HEREIN IS UNSAFE OR DANGEROUS.
WHEREAS, the Enforcing Officer of the City of Caney, Kansas, has filed a statement in writing that the following described structure is unsafe or dangerous, to-wit:
BLOCK 8 LOT 1 SECTION 07 TOWNSHIP 35 RANGE 14 Highland Addition, to the City of Caney, Kansas, Montgomery County, Commonly Known as 314 N. Vine Ave. (House)
WHEREAS, Article 4, Chapter IV of the Code of the City of Caney, Kansas provides upon filing of such written statement, that the Governing Body of the City of Caney shall fix a time and place for hearing, by adoption of a resolution, which resolution shall be published and notice given to each owner, agent, lien holder and occupant as hereafter set forth: and
WHEREAS, the name(s) and address(es) of the owner(s), Owner(s) agent(s), lien holder(s) and occupant(s) are:
Owner(s): James V. & Randy R. Parks, 314 N. Vine, Caney, KS 67333.
1. Owner(s) Agent(s):
2. Lien holder(s): NONE
3. Occupant(s):
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF CANEY, KANSAS:
SECTION 1. The Governing Body of the City of Caney, Kansas, does hereby fix the following time and place at which the owner, owner’s agent, and lien holder of record and any occupant of such structure may appear and show cause why said structure should not be condemned and ordered repaired or demolished:
Date of Hearing: February 16, 2008
Place of Hearing: Board of Education Office at 7:00 p.m., Caney, KS 67333
SECTION 2: This Resolution shall be published once each week for two consecutive weeks on the same day of each week in the County Chronicle, the official city newspaper.
SECTION 3: The City Clerk of the City of Caney, Kansas, is hereby directed to mail a true and correct certified copy of the within Resolution by certified mail within three days after the date of publication hereof to each owner, agent, lien holder and occupant at the last known place of residence of each, marked “Deliver to Addressee Only” provided, that if the owner is a resident of Montgomery County, Kansas, the resolution shall be personally served within five days of such owner or delivered to their last known address and in this case, at least one week shall elapse between the service on such owner and the date set for the hearing.
ADOPTED by the governing body of the City of Caney on this December 15 2008
Dale McBride, mayor
ATTEST:
Carole Coker, city clerk

December 18, 2008 · Posted in Notices  
    

ITEMS FOR SALE:

APPLES/CIDER: Merry Christmas from Van Meter Orchards, Thayer, Kan.! Apples and cider still available. One mile north and 1/4 mile west of 169 and 47 Junction. Call 620-839-5612. MC-V51-1tb
________________________________
PIANO: Console piano with bench, excellent condition, $500. Call 620-879-5429 or 879-5853. MC-H51-1tp
________________________________
PIANOS: It’s not too late to save! Great deals now thru Christmas, on all digital, vertical and grand pianos at Mid-America Piano, Manhattan. 1-800-950-3774, www.piano4u.com. (KCAN)
________________________________
Steel Buildings For Sale: 20×8x8; 40×8x8; 48×8.5×9.5; 53×8.5×9.5 shipping containers for rent. Camlock doors, hardwood floors support forklift. Delivery available. 1-785-655-9430 Solomon. www.chuckhenry.com complete web listing, photos, specs, pricing. (KCAN)
________________________________
Building Structures: Seasonal Savings, fast delivery on all steel/wood-steel buildings. Great service, great selection, high quality. Sentinel Building Systems, 800-327-0790 ad 26, www.sentinelbuildings.com. (KCAN)
________________________________
WOOD FOR SALE: Oak, Hackberry, Some Hedge. Oswego area. Prices vary. Call 620-778-5092 or 620-778-3747. LC39-tf
________________________________
FURNITURE & APPLIANCES: Whirlpool Side by Side Refrigerator, 21.6 cu. ft., 2 yrs. old, white; Frigidaire Side by Side Refrigerator, new, 22.6 cu. ft., frost free, ice-maker, small dent in door; New Smooth Top Frigidaire Range, Gallery Series, Black, electric; Antique Bedroom suite, dresser, chest, 1/2 bed with mattress, springs, sheets, bedspread and curtains; 1 blue swivel rocker; Microwave cabinet with drawers and hood; lots of misc. household items. 620-597-2680 or 918-533-6000. LC46-tf

VEHICLES:

1989 FORD RANGER PARTS: Rebuilt transmission, 3,000 miles on it; transfer case; both axles; 3 inch suspension lift. 918-533-0611. LC39-tf
________________________________
1992 CHEVY SILVERADO, New parts, step side, 4 WD, $2900. 620-778-4808. LC47-tf

________________________________
Great looking 2005 Mazda MPV LX van, rear air, cloth interior, dual sliding doors. Taking sealed bids. Howard State Bank, 620-374-2127. Ask for Richard or Marty. CQ51-2tb
________________________________

LOST & FOUND:

MISSING IN OSWEGO: Shih Tzu puppy, Brown and white, long haired female, about 4 lbs., Bobbed tail, Very Friendly, Needs medicine. Call 620-423-5493. LC51-1tp

WANTED:

WANTED: Old, obsolete firearms. Gun parts bought and sold. Freedom Gun Shop, Chetopa. 620-236-7177. LC40-tf
________________________________
WANTED: Junk cars and trucks, pay cash. 918-533-2417, 7 days a week. LC23-26tp
________________________________
Wanted: Raw furs. Will be in Sedan on Tuesday 4:30 - 5 p.m. at Carter Auto Parts. Rick Bunyard 620-736-1106 or 620-583-4518. CQ51-4tp

HELP WANTED:

SUPERVISOR: Montgomery County Public Works Department is seeking an employee for a Noxious Weed/Household Hazardous Waste Supervisor position. Employees added to our staff will join a team of individuals dedicated to the construction, maintenance and repair of Montgomery County’s roads and bridges. The following position is available: One Position Available - Noxious Weed/HHW Supervisor - Pay based upon experienced. This position is subject to annual appointment by the Board of County Commissioners and continued approval by the Kansas Secretary of Agriculture. Supervision is exercised over all noxious weed and household hazardous waste activities. Education requirements are high school diploma, or one to three years related experience and/or training. Must meet regulatory requirements for approval of Kansas Secretary of Agriculture. Those requirements are to have 2 years experience in governmental or commercial weed control work or 2 years experience in agricultural production. Application must have a valid CDL operator license, a Commercial Pesticide Applicator Certification and the following categories: #6 right of way, #9A Noxious Weed, #1D Cut Stump Treatment. For Household Hazardous Waste, must attend 24 hours HazWoper class and receive a training certificate. Only applicants meeting the minimum qualifications should submit their application. Applicants must be at least 18 years of age. Applications will be accepted until filled. For complete job descriptions and application contact: Kansas Works, 200 Arco Place, Independence,Kansas. Phone number is 620-332-1660. Montgomery County has excellent benefits and is an EOE employer. MC-M51-2tb
________________________________
CNAs needed on all shifts at Chetopa Manor. Please come by at 814 Walnut or call 620-236-7248. EOE. LC46-tf
________________________________
Howard Twilight Manor will consider full time, part time, or prn. Interviewing for:
CNA
• Base pay $8.60 plus $0.45 shift differential
• Night (10 p.m. - 6 a.m.) C.N.A. position 4 days on 2 days off rotation.
• Weekend: day position (6 a.m. - 2 p.m.) and/or evening position (2 p.m. - 10 p.m., off Monday thru Friday $10 an hour.

LPN - RN Charge Nurse
• Evening position (2 p.m. - 10 p.m.) every other weekend, full time.

PTO time and Holiday pay available from date of hire. Kansas Public Employee Retirement System (KPERS). Must be listed on Kansas registry with active license. Must have good references and work history. Must have Social Skills to be a welcome guest in someone else’s home! Contact the Director of Nursing at 620-374-2495 (E.O.E.) CQ51-3tb
________________________________
PRN: New Beginnings has a PRN position available in Moline. Duties will consist of assisting adult individuals with mental and physical disabilities with daily living skills. Applicants must be at least 18 years old, have a current drivers license, and clean driving record. This position will not include benefits and wage is $8.06 per hour. For more information or an application call Sherry Knight, 620-647-3602 or Renee
Wilson, 620-325-3333, Ext. 247 CQ50-2tb

________________________________
Paraprofessionals: Chautauqua and Elk County Special Services is accepting applications for Paraprofessionals for Elk Valley, Sedan and West Elk Districts for the 2008-2009 school year. Applications and/or inquires may be made by contacting Kathy Cummings at the West Elk district office (620)-374-2113. CQ50-2tb
________________________________
Senior Services Advisor and Housekeeping Supervisor
ECCA is taking applications for the following positions: Senior Services Advisor and Housekeeping Supervisor. Complete job description and application available at 134 E. Washington, Howard. CQ49-3tb
________________________________
HOUSING ASSISTANT: Howard Housing Authority is looking for qualified individual for the position of Housing Assistant. Exceptional customer service, telephone, verbal and written communication skills required. Must have experience in Microsoft Word and Excell. Secretary/clerical experience required. Send application letter, current resume, and 3 professional references to HHA, 134 E. Washington #A, Howard, KS 67349 Review of applications begins Dec. 15 and continues til application is filled. CQ49-3tb
________________________________
MAINTENANCE: Howard Housing Authority is looking for a part-time maintenance person. Must be able to withstand cold temperatures - snow removal; cleaning and painting apartments; simple maintenance. CQ49-3tb
________________________________
SECRETARY/LEGAL ASST: Labette County Attorney’s Office is seeking a secretary/legal assistant. Must be able to work in busy office environment as a team player. Experience a plus. Pay starts at $9.14/hr. Benefits include vacation, insurance, retirement fund. Must pass pre-employment health and drug screens. Send resume and cover letter to P.O. Box 384, Oswego, KS 67356 or e-mail to pallen@labettecounty.com. No phone calls. Labette County is an equal opportunity employer. LC50-tf
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IMMEDIATE OPENING FOR AN EXPERIENCED SECRETARY: General office skills along with experience in bookkeeping and Quick Books, Microsoft Word, Excel and Outlook desired. Applicant must have strong communication skills and organizational skills. Please submit resume to P. O. Box 44, Oswego, KS 67356. LC51-tf
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YOUTH CARE WORKER-COLUMBUS: Elm Acres Columbus Girl’s Residential Facility has positions available: • 2 Night shifts available (midnight - 8 a.m.) Full time with benefits, Sunday through Thursday OR Sun. Through Wed. and Friday; • 1 Day shift available (8 a.m. - 4 p.m.) Full Time with benefits Thurs., - Monday; • 1 Part time day 8 a.m. - 4 p.m. on Saturday and 4 p.m. - midnight on Sunday; • 1 part time evening 4 p.m. - midnight on Friday, Saturday and Sunday. Starting hourly range is $7.47 to $8.65. Must have a high school diploma or GED, at least 21 years of age, have a valid driver’s license and submit to drug testing. Send qualifications to: Tara Payne, by 1/07/2008, P.O. Box 188, Columbus, KS 66725, tjpayne@dccca.org or call 620-429-1949. EOE. LC51-25
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Heavy Equipment Training. Cranes-Dozers-Loaders. Huge Job Demand. National Certification. Licensed by OBPVS. Oklahoma College of Construction, 280 Quadrom, OKC, OK. www.Heavy9.com. 1-866-726-0577. (KCAN)
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Hundreds of Health Care Jobs Available! Connect with Kansas employers at www.KSHealthJobs.net. Search for Kansas positions – post your resume – apply on-line. Absolutely FREE. Visit www.KSHealthJobs.net. (KCAN)
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WORKERS NEEDED - Census Bureau needs you! Are you a U.S. citizen, 18+ yrs old & have work experience? Call us today at 1-866-861-2010. Good pay. EOE. (KCAN)
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CDL-A DRIVERS: Expanding Fleet offering Regional/OTR runs. Outstanding Pay Package. Excellent Benefits. Generous Hometime. $300 Lease Special on Volvos. NATIONAL CARRIERS 1-888-707-7729. www.nationalcarriers.com. (KCAN)
________________________________
Driver: Knight Transportation- Ready to Start Fresh with a Stable Zero Debt Company? Knight Transportation is hiring Drivers Today! 4mos OTR experience/CDL-A Required. 888-562-7783. www.knighttrans.com. (KCAN)
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• No Idle Law, No Problem • 100% APU Equipped. OTR Drivers wanted. Pre-pass EZ-Pass. Every 60K mile raises. 2006 and newer equipment. Passenger-Pet Policy. 100% No touch. 1-800-528-7825. (KCAN)

AREA SERVICES:

CARPET AND UPHOLSTERY CLEANING - 30 years experience, commercial or residential. Vernon Sandusky, 620-922-3322. LC23-tf
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OSBORNE ROCK HAULING, LLC: Rock, Sand, Topsoil, Fill Dirt & Lime. 620-795-2749 or 620-423-2532. LC31-tf
________________________________
WICKHAM TRUCKING for your rock, sand, and dirt needs. Call 620-725-3317 or 620-249-2867. CQ1-tfn
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PLUMB & SQUARE CONSTRUCTION now offering seamless gutters, many color options; specializing in roofing; new construction, renovations; decks; custom handrail; sheet rock; plumbing; electrical; soffitt; fascia; painting; doors and windows. (620) 762-3561. Eric Blundell, Owner/Operator. LC41-tf
________________________________
GREENWOOD TREE SERVICE AND GENERAL EXCAVATION AND CONCRETE - Licensed, Bonded, Insured. Phone 620-778-9224. LC3-tf
________________________________
Piano/Keyboard Lessons in Sedan: Give the gift of music to your loved one all year long. Lessons times available for fall/winter schedule. Beginning-Adult lessons offered each week. Pay by the month. Teaching methods to play by note reading, and also how to play by ear. Call Margie at 620-249-9562. CQ32-tfn-nc
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Lazy Bear Computers: in-home repair and upgrades. We come to you. 620-725-5465, 620-330-0330. www.lazybearcomputers.com.
mjking@lazybearcomputers.com. CQ1-tfn
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Dozer for hire: D8 and D6, trackhoe, dump trucks, new ponds, pond repairs, brush and hedge row clearing, road construction and rock hauling. Riggs Welding, (620) 736-2038. CQ1-tfn
________________________________
CUSTOM FENCE BUILDING
New, rebuilt, fence removal, clearing
Corrals and pens
HAROLD RIGGS FENCING
Severy, Kan.
620-736-2242 Cell 620-779-1813
CQ2008-pd
_________________________________
Gragg Dozer Service, Inc.
Dozers, trackhoe, motor-grader
and dump trucks
Basements-Ponds-Lagoons-tree removal-trenches-septic tanks
Pond waters and general dirt work
Hauling dirt, rock, gravel
Howard, Kan.
Bryce: 620-205-9933 / Ernie: 620-330-1467
CQ1-tfn
__________________________________
MR. HANDYMAN NOW HAS ROTO SEWER CLEANING SERVICE. Call 620-725-3010 CQ1-tfn
__________________________________
THOMAS TREE SERVICE: Tree trimming, removal and stump grinding, have chipper, grapple and bucket truck. Insured. Call for free estimates, 620-725-5722 or 620-249-8773. CQ-tfn
__________________________________
WILLIAMS TREE SERVICE: Insured, free estimates, stump grinding, trees trimmed, brush and tree removal, chipper, bucket and grapple truck. Can’t reach or lift, call 620-374-2247. CQ1-tfn
__________________________________
SEPTIC TANKS: Sold and installed. Contact Roland Meisch at 620-374-2556. CQ1-tfn
__________________________________
Rinck’s Septic Cleaning
Serving SEK for 28 years. Honest, reliable & reasonable. In Independence, Kan. Call 620-331-0591 or cell 620-205-9752.
MC-R38-16tb

LEGAL SERVICES:

Social Security disability claims; Saunders & Saunders Attorneys at Law. No recovery, No fee! 1-800-259-8548. (KCAN)

FOR RENT:

FOR SALE OR RENT IN OSWEGO: OFFICE/STORE SPACE, approximately 2,000 sq. ft. in downtown Oswego on Commercial St. WOULD BE A GOOD INVESTMENT! Call 405-691-1282 or 405-205-4398. LC18-tf

________________________________
FOR RENT IN OSWEGO: Nice 3 bedroom home. Central H/A, Stove, Refrigerator and Garage w/Carport. Deposit Required. 626 Kansas. No Pets Call 795-2653 after 5:30 pm. LC49-tf
________________________________
FOR RENT IN OSWEGO: 2 Bedroom Mobile Home, 2 full baths, CH/A, Carport, $350 per month. 795-2471. LC49-tf
________________________________
FOR RENT IN OSWEGO: 1 Bedroom Mobile Home, $175 per month. 795-2471. LC49-tf
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FOR RENT IN OSWEGO: 3 Bedroom (non-smoker), 1 Bath, Big lot, Carport, Nice, Clean 2 story house. Deposit required, 918-695-8811. LC51-1t
_________________________________
Howard Housing Authority will have openings in their 3 bedroom apartments soon. Interested families may apply at 134 E. Washington in Howard, KS. Vacancies are filled based on date and time of completed application. CQ51-3tb
_________________________________
FOR RENT: By night, weekend, etc. Restored farm home, 4 bedrooms, furnished kitchen, linens. Walk-in hunting in close proximity. Unit 12. Call 620-758-2498, Cedar Vale, Kansas. CQ47-7tb
_________________________________
5/BR/2BA $268/Mo! Bank Foreclosure! 4/BR $199/Mo! 5% down 30 years @ 8% apr. for listings call 1-800-585-3560 ext B738. (KCAN)
_________________________________
HUD Homes! 5/BR $269/Mo! 4/BR $199/Mo! 5% down 30 years @ 8% apr. for listings call 1-800-585-3560 ext 8468. (KCAN)

REAL ESTATE:

FOR SALE OR RENT IN RURAL OSWEGO/COLUMBUS: 3 Bedroom, 2 Bath, 6 year old Mobile Home on 1 Acre, Rural Water and Electric, New carpet, Handicap Accessible. 620-597-2942 or 620-674-1789. LC48-tf
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Weigand.com
Howard, 442 S. Pine, 3 bedroom, 1 1/2 bath, CH/A, detached garage, $45,000.
Howard, 333 S. Oak, 2 bedroom, 1 bath, CH/A, detached garage, $20,000.
Judy Nungesser, Realtor
620-374-2400
jnungesser@weigand.com
CQ50-tfn
Doublewide 4 bedroom, 2 bath on 1 acre. North of Collinsville $3,000 down. We finance. Call 918-955-9702. CQ50-4tb

MOBILE HOMES:

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December 18, 2008 · Posted in News, Notices  
    

BY ANDY TAYLOR
Montgomery County Chronicle

INDEPENDENCE — A female inmate of the Montgomery County Jail has filed a federal lawsuit against Montgomery County claiming that the use of a Taser gun against her in a 2007 incident led to the death of her unborn fetus.

Attorneys for Blanca J. Herrera filed the lawsuit in U.S. District Court in Kansas City, Kan., in October. Herrera is asking $3 million in damages.

According to the complaint filed by Herrera’s attorneys, Herrera contends that corrections officer Nick Bradford fired a Taser gun, which momentarily impairs a person through the use of electrical charges, at her after Herrera and another female inmate got in a fight in the county jail in May 2007. Herrera alleges that she was pregnant at the time of the incident. After corrections officer supervisor Debbie Colander broke up the fight and sent the other inmate to her jail cell, Colander began talking to Herrera about the incident, corrections officer Nick Bradford overrode his supervisor’s line of questioning and told her to “shut the (expletive) up.”

Herrera claims that Bradford, without provacation, fired the Taser gun at her with the projectiles hitting her in the right breast and pubic bone.
After receiving the electrical shocks, Herrera was in need of medical attention, the complaint says. She was denied medical attention for 24 hours, even though she requested to see a nurse or director, according to the complaint.

Herrera further claims that when she was finally given medical attention, the actual medical treatment was not given. As a result she suffered a severe staph infection, and her unborn child was involuntarily aborted as a result of the incident.

She also had to undergo psychological counseling due to her injuries and the loss of the unborn child.

According to the complaint, Bradford allegedly used a Taser gun on another inmate three months prior. That inmate was bound in a restraint chair. The inmate died as a result of the Taser shocks, the complaint further says, adding that Bradford remained on duty following the incident.

Herrera was never provided a grievance form or told how to file an official complaint even though she requested to file one. Instead of allowing Herrera to file the complaint, jail administrator Mario Grant “engaged in behavior to intentionally and maliciously cause distress to Blanca Herrera,” the complaint says. This includes Grant activating the trigger on his own Taser gun when he would pass by Herrera’s cell. The noise of the gun would cause it to buzz and crackle in the air, thereby causing distress to Herrera.

Herrera’s mother brought the incident to the attention of state authorities and the media.

As a retaliatory measure against Herrera, Grant was alleged to have told Herrera that her mother was a “bad girl” and proceeded to make a threat against Blanca Herrera’s mother in the presence of Herrera, the complaint says.

Herrera is suing Montgomery County, the Montgomery County Sheriff’s Department, the Montgomery County Department of Corrections, Sheriff Stan Veach, jail administrator Mario Grant and corrections officer Nick Bradford on the following charges:

• battery by Nick Bradford,

• assault by Mario Grant,

• intentional infliction of emotional distress by Mario Grant,
• negligent hiring by Sheriff Stan Veach, the Department of Corrections, and Montgomery County.

• negligent supervision and entrustment,

• denial of medical needs by the Department of Corrections, Sheriff Veach and Montgomery County,

• use of excessive force by Bradford,

• cruel and unusual punishment by Bradford and Grant,

• negligent training by the Department of Corrections, Sheriff Veach and Montgomery County.

Herrera is seeking a federal jury trial.

Her attorneys are Todd P. Graves, Michael L. Belancio and Ryan A. Kriegshauser of the Kansas City, Mo.,-based law firm of Graves Bartles and Marcus, LLC.

Since that complaint was filed in October, Bradford and Grant have submitted responses to the feeral court. The two men deny most of the allegations, including whether Herrera was actually pregnant at the time of the incident.

Bradford claims that after the altercation between Herrera and the other inmate, he repeatedly asked Herrera to calm her behavior after she became “out of control and posed a danger to herself and others.” He warned her that she would be impaired with a Taser if she refused to control her temper. When she refused, Bradford hit Herrera with the Taser weapon with two electrical shocks, both of which, Bradford claims, were very short and did not have any lasting effects.

Bradford contends he was merely using self defense of himself and other corrections officers and inmates as the reason for using the Taser gun on Herrera.

Bradford also asserts that the use of a Taser gun as “privileged under state law and not done with the requisite intent to injure her.”

In his official response to Herrera’s complaint, Grant also denies the allegations brought against him by Herrera.

As in all cases, a person is presumed innocent until proven guilty by a jury of peers or an admission of guilt.

December 18, 2008 · Posted in News  
    

Among the sports stories covered in the Dec. 18 edition of the Montgomery County Chronicle . . .

• Cherryvale Lady Chargers win the Route 66 Tournament; CHS men’s team finishes in second place.

• CVHS varsity basketball teams struggle in losses to Copan, Okla.

• Nick Hockett wins gold medal for Cherryvale wrestling team.

• CVHS wrestlers compete at Anderson County Invitational.

• Jr. high basketball teams open 2008-09 season.

• Caney Wardogs wrestling club sends grapplers to area tournaments.

December 18, 2008 · Posted in Sports  
    

BY ANDY TAYLOR
Montgomery County Chronicle

The U.S. Supreme Court will hear arguments on Jan. 21, 2009, in a legal case that originated in Montgomery County.

For the nation’s highest court to agree to hear a locally-originated case is extremely rare as the justices accept only one-tenth of 1 percent of all cases that are forwarded to the Supreme Court for consideration.

The case — State of Kansas vs. Donnie Ray Ventris — will focus on the question of whether information gathered by a confidential informant after a complaint has been filed against an accused person can be admitted into court.

Here are the basic facts of the case . . .

On Jan. 7, 2004, Ernest Hicks was shot and killed allegedly by Donnie Ray Ventris at the Hicks’ home near Dearing. Ventris’ girlfriend Rhonda Theel was in the home when Ventris was shot a total of three times during two different intervals.

Ventris and Theel were arrested and charged with several crimes. Theel eventually entered a plea bargain in exchange for her testimony against Ventris. She pleaded guilty to aggravated robbery and aiding a felon.

Ventris’ former cellmate, Johnny Doser, was used by the Montgomery County prosecutor as a confidential informant. Doser shared a jail cell with Ventris, where he obtained information that was used against Ventris in a jury trial. In exchange for being a confidential informant, Doser was released from jail on probation.

Ventris’ attorneys objected to the use of Doser’s testimony in the trial, saying that Montgomery County’s use of a confidential informant violated Ventris’ constitutional right to counsel. Montgomery County prosecutors conceded the violation but agreed that the testimony could be used for impeachment purposes in the trial. The trial court allowed Doser to testify.

Ventris was eventually convicted of aggravated burglary and aggravated robbery but acquitted of felony murder and misdemeanor theft. He was sentenced to 247 months for aggravated robbery and 34 months for aggravated burglary.

The Kansas Court of Appeals affirmed Ventris’ convictions and sentences. However, the Kansas Supreme Court later heard the case on appeal and determined in February 2008 that Montgomery County prosecutors were wrong in planting the confidential informant in Ventris’ jail cell after Ventris had been charged with the crimes. Ventris’ conviction was overturned by the state supreme court and remanded for a new trial before the Kansas Attorney General’s Office stepped in to seek a clarification on the law. The Attorney General wrote a writ of certiorari to the U.S. Supreme Court asking the high court to make a determination in the discrepancy of case law dealing with confidential informants. The nine justices of the U.S. Supreme Court agreed earlier in the fall to hear the Montgomery County case next January.

William Cullins, who is now a district court judge in Montgomery County, was the prosecuting attorney in the case. He was asked by the Kansas Attorney General’s Office to be an observer in the state’s presentation of oral arguments in the U.S. Supreme Court on Jan. 21. Cullins will attend the hearing along with his wife, Melinda.

A ruling by the U.S. Supreme Court could be handed down by mid-summer 2009.

December 18, 2008 · Posted in News  
    

BY ANDY TAYLOR
Montgomery County Chronicle

CANEY — Mayor Dale McBride was called upon to break a deadlocked vote of the Caney City Council Monday night concerning the council’s consideration of outsourcing the city’s ambulance service to a private firm.

After the council voted 4-4 to stop further discussions about privatizing the city’s ambulance service McBride cast his seldom-used, tie-breaking vote in favor of discontinuing the discussions concerning privatization.

“From what people have told me, they are comfortable with the present ambulance service, and the reason they are comfortable with it is that they know the people who run the service,” said the mayor. “These people (who run the ambulance) are well known in the community and they have a vested interest in this community. And, when you have a community with a lot of elderly residents, that’s an important of that service. The citizens don’t want strangers coming to their door.”

So, as of Monday’s meeting, consideration of privatizing the city’s ambulance service will not be pushed by members of the council. At the council’s October meeting, the council heard a proposal from Integrity EMS, based in Afton, Okla., to establish a private ambulance service in the community for a 60-day trial period. The issue of outsourcing the city’s ambulance service was first discussed by councilor Jason Moore at the council’s September meeting.

The decision to not seek any further information from private ambulance services did not sit well with one city councilor.

“I honestly cannot vote in favor of that motion,” said councilor Penny Coy concerning the motion to stop further discussions about a private ambulance service. “I feel like we’re shutting the door on getting more information.”

Prior to the council’s decision, the council received copies of an informal opinion poll produced by Caney resident Dan Johnston. Johnston said the opinion poll, similar to a petition, asked citizens if they agree or disagree with the council’s consideration of a private ambulance service. Johnston said he had received more than 251 responses — mostly from Caney city residents. Of the more than 251 responses, only five people indicated agreement with the council to consider a private ambulance firm.

“My opinion is why can’t we do something with our own ambulance service and try to get its level of service up,” said Johnston, after presenting the opinion poll to the council. “I also feel that if something needs to be decided, it ought to be up to a vote of the people.”

While councilor Penny Coy said she appreciated Johnston seeking the opinions of local residents, she questioned if the poll was premature.

“There has been absolutely nothing decided on this,” she said, adding that many citizens have been misinformed about the council’s discussions. “We want to look at our options, and that’s all we’re doing.”

The vote to stop discussions about outsourcing the city’s ambulance service came after a report was given by city administrator Don Whitman concerning bid specifications for prospective ambulance service firms. At the council’s special meeting on Dec. 1, the council directed Whitman to have bid specifications ready for the council’s consideration at its Dec. 15 meeting. However, Whitman said at Monday’s meeting that he still felt uncomfortable with the degree of some bid specifications that many cities have used. A group of three counties in Georgia collectively sought a private ambulance service with only a three-page document. Meanwhile, a California county sought private ambulance proposals through a 75-page bid specification document.

In many other cases, cities and counties have hired professional consultants to assist those governmental entities move into a transition of private emergency services and the preparation of bid documents.

With the information he had in hand on Monday night, Whitman said he felt uncomfortable seeking bids from private firms with little information to present to them.

“I think there are a lot of questions,” said Whitman referring to a short-document bid specification proposal. “It leaves a lot open to interpretation. It’s very basic, and it’s very generic.”

In a related matter Monday night, the council did vote unanimously to upgrade the city’s ambulance personnel training to a level of EMT-I (intermediate), which is a step above the EMT-B (basic). Whitman said the costs to upgrade the training level of ambulance personnel would be about $4,300, and the training would come via Coffeyville Community College beginning next February. Eight members of the city’s police/ambulance service would undergo the training, which takes two to three months to complete.

The city also will have to upgrade its stock of pharmaceutical drugs that EMT-I personnel can administer on ambulance runs. The price tag for those drugs is about $1,300, Whitman said.

City councilor Chad Bradford said he liked the idea of upgrading the personnel training level but that he would also like to see a contractual commitment from those employees to stay with the City of Caney for a period of time before seeking jobs elsewhere.

“I would like to see us have a contract with the employees so that we aren’t paying to train them to go to work in Independence, Coffeyville or elsewhere,” he said.

Police chief Rick Pell said he, too, would like to see a committment from each worker but that it would be difficult to bind those employees to a specified term-of-service contract.

The council did have a discussion as to whether the City of Caney could require workers to pay back the City for training should a worker accept a job elsewhere shortly after the completion of that training.

December 18, 2008 · Posted in News  
    

BY ANDY TAYLOR
This Is My Montgomery County

CHERRYVALE — For the past two weeks, Alvin Wood of Cherryvale has found himself back in the ranks of the U.S. Air Force.

And, he’s got the dog tags to prove it.

That’s Alvin W. Wood, AF 17342093 — reporting for duty!

But, to know why Wood, a resident of the Cherryvale Nursing and Rehabilitation Center, proudly sports his dogs tags around his neck, you’ve got to know how they got there — again.

Here’s the amazing tale . . .

Some eight months ago, Melinda Cannon, a member of the nursing center’s housekeeping department, was helping her boyfriend clean out a file cabinet that the boyfriend’s stepmother had purchased at a real estate auction.

The contents inside that metal file cabinet were insignificant; it was the file cabinet itself that the family was needing for use. The family cannot even recall which auction from where the file cabinet was bought.

So, some miscellaneous papers found at the bottom of the file cabinet drawers were thrown away, until Melinda’s boyfriend found a pair of military dog tags sitting in the bottom of the drawer.

Rather than throw the metal dog tags in the trash can, Melinda’s boyfriend thought that her kids might enjoy playing with them.

So, the dog tags found a new home in a toy box — amid a myriad of other kiddie toys.

Two weeks ago, while Melinda was picking up the toys and placing them in the toy box, she came across that old pair of dog tags that she thought had long been discarded or found sanctuary at the bottom of the toy bin. She had never paid any attention to them until she read the name stamped on the aging metal: “Wood, Alvin W.”

“I immediately told my boyfriend, ‘Hey, I think I know this guy’,” she said, recalling the conversation with her boyfriend. “He’s a new resident at the care center.”

Last Tuesday, Dec. 9, Cannon surprised Wood with the presentation of his long-lost dog tags. And, the longtime Cherryvale resident was almost moved to tears at the sight of his military identity tags dangling from a metal chain.

“My reaction was, ‘Where in the heck did you find those things?” said Wood. “I haven’t seen them for more than 50 years.”

Cannon explained how her boyfriend’s stepmother bought a file cabinet at an auction and how her kids had used them as a toy for several months.

Cannon thought it was fitting that the dog tags be returned to their rightful owner.

“I thought he deserved to have them back,” she said.

As if finding those old dog tags amid the unimportant clutter of auction fodder wasn’t a miracle enough, here’s another unique angle to this story . . .

Wood says he believes those dog tags may have made a long voyage that has come full circle to Cherryvale.

“To the best of my memory, I put those dog tags away after I left the Air Force and bought a newspaper in Orion, Illinois,” he said. “That was the last time I saw those dog tags. So, it could be that those dog tags fell in a file cabinet, and the file cabinet went from Illinois to Cherryvale.”

Wood says he forgot about those dog tags after he went into the newspaper business. He hadn’t thought about them until Cannon, the nursing center employee, gave them to him last week.

After attending schools in Cherryvale and being trained as a printer’s devil at the Cherryvale Daily Republican newspaper, Wood joined the U.S. Air Force in the years following World War II. He was bound for the Korean Conflict before a strange infection in his hand caused him several days of hospitalization in New York.

“I was in the hospital for about three or four days . . . during which time my orders got changed,” he said. “I was ready to go to Korea but ended up in Europe.”

Wood served as a service assistant to a U.S. Air Force chaplain during his four years of military service. Wood served in Germany, France and Luxembourg.

“I drove the chaplain everywhere, wrote all of his letters and said ‘Yes, sir’,” Wood said, laughingly.
Some 50 years later, Wood said he was proud of his years in the military, and getting his dog tags back has brought back a flood of memories of his brief contribution to Uncle Sam.

“I’ve got a lot of good memories of my years in the U.S. Air Force,” he said. “And, I’m glad to have the dog tags back. I can still tell you my serial number without looking at my tags: AF 17342093 . . . yes, sir!”

• Born and raised in Montgomery County, Andy Taylor is a fifth-generation newspaper editor who keeps the pulse of Montgomery County. If you have a story idea about a unique person or event in Montgomery County, let Taylor know by calling (620) 331-9178, or send an e-mail to chronicle@taylornews.org.

December 18, 2008 · Posted in Features, News  
    

BY ANDY TAYLOR
Montgomery County Chronicle

CHERRYVALE — Current and former members of the Cherryvale City Council as well as city administrator Trey Cocking and former police chief Milton Gillespie are being sued in federal court by a former Cherryvale police officer who is claiming to be a victim of sexual harassment and sexual discrimination.

A 17-page complaint was filed in U.S. District Court in Kansas City, Kan., on Dec. 9 by attorneys representing Laurel K. Fauster, who served as a Cherryvale police officer before her termination in 2007. Fauster is bringing a sexual harassment and sexual discrimination lawsuit against city administrator Trey Cocking, former police chief Milton Gillespie, Mayor John Wright, current city councilors Chad Wickham, Kevin Crane, Jerry Wallace and Randy Wagoner, and former city councilors Rick Valverde and Ben Bellmore. Valverde and Bellmore were on the city council at the time when the sexual harassment and sexual discrimination incidents were alleged to have happened.

Fauster, now 39 and living in Mound Valley, claims that she was subjected to lewd and sexual advances by Gillespie during his tenure as police chief. One incident in particular took place on Jan. 24, 2007, when Fauster and Gillespie were en route to a law enforcement training seminar in Olathe, Kan. Following Gillespie’s alleged comments, which included comments about a woman’s vaginal area, Fauster refused to return to Cherryvale in the same vehicle as Gillespie.

Fauster brought the matter to her supervisor, assistant police chief Larry Blevins, who then reported the matter to Cocking. Fauster claims nothing was done immediately to stop the unwanted advances or to adequately investigate the matter.

Fauster also says in her complaint that she was subjected to lewd comments and sexual advances by members of the police department as retaliation for discussing her concerns about Gillespie with Blevins. One alleged incident took place later in the spring 2007 in which an unnamed Cherryvale police officer asked Fauster to engage in sex with the police officer and his wife. On that particular occasion, the unnamed officer made comments about a woman’s vagina in the present of other people.

When Fauster refused the unwanted advances, the officer then began to “publicly humiliate Plaintiff (Fauster) and ostracize her from the rest of the police force by making derogatory and belittling comments about Plaintiff’s character and professional competency . . .”, the complaint said.

Fauster also said in her complaint that she applied for the position of police chief but that she was denied the job because of her sex. The issue of her qualifications as police chief were discussed when she was hired by Gillespie for an open police position. During the interview, Gillespie allegedly claimed that Fauster was more qualified for the police chief position than he was.

When Fauster complained of the work environment to her superior, she felt nothing was being done to stop the culture of sexual harassment, the complaint says.

“Throughout Plaintiff’s employment with Cherryvale, Plaintiff made repeated complaints to her immediate supervisor concerning the continuing offensive sexual comments and harassment,” according to the complaint. “Plaintiff was repeatedly advised that her complaints had been related to Defendant Cocking and members of the Cherryvale City Council. Notwithstanding, Defendants failed and refused to take any action to remedy these acts of sexual harassment and humiliation. The extent of the sexual harassment and Defendants’ deliberate and/or reckless indifference to Plaintiff’s continued complaints created an intolerable and hostile work environment.”

Fauster also contends that she inquired about the termination of Gillespie (Gillespie was fired by the city council in spring 2007), Fauster said she was advised by assistant police chief Larry Blevins that the City of Cherryvale was unable to investigate her allegations. The reason? The complaint cites Blevins as saying the police department and city council were concerned that such an investigation might result in liability to the City of Cherryvale.

Fauster then submitted her application to the open position of police chief following Gillespie’s termination. Fauster was not afforded an interview with the council in the consideration of that job.

Fauster also contends that Cocking and the city council conspired “to take adverse employment” against her. On June 30, 2007, the Kansas Law Enforcement Center in Hutchinson, Kan., denied her request for reciprocity (prior to coming to Cherryvale, Fauster was a police officer in Texas). The complaint alleges that Cocking refused to sign the necessary documentation to grant Fauster with certification reciprocity and that Cocking ordered Blevins to forward a “false and defamatory” letter to the law enforcement center for the “express purpose of preventing Plaintiff from obtaining employment of any kind in the law enforcement community.”

When the issue of the police chief position was discussed with city administrator Trey Cocking, the city administrator was alleged to have said that Cherryvale would never have a female police chief, the complaint says.

The complaint cites four specific claims, that:

• Fauster was subjected to sexual harassment, sexual discrimination and unlawful retaliation.

• Fauster was denied her civil rights under the Equal Protection Clause of the U.S. Constitution.

• the City of Cherryvale — through its city council, city administrator and police chief conspired to reach a mutual understanding and acted together to “undertake a course of conduct violative of Plaintiffs (Fauster’s) civil rights by failing and refusing to take steps to stop the unlawful discrimination, workplace sexual harassment and discrimination based on sex and retaliated against Plaintiff by terminating her employment when she complained of the illegal and wrongful treatment committed against her in the workplace.”

• the alleged acts constitute a “tort of outrage in that the acts and conduct of the defendants individually and acting within the scope of their employment and on behalf of the City of Cherryvale were so willful, malicious, unjustified, capricious and extreme as to be beyond all bounds of decency. Such conduct was so extreme and outrageous as to be utterly intolerable in a civilized society.”

Fauster is seeking $75,000 plus punitive damages against each of the nine defendants. She is demanding that the case be heard in front of a federal jury.

According to the court complaint, Fauster is being represented by John C. Frieden and Clinton E. Patty of the Frieden & Forbes law firm in Topeka and William J. Fitzpatrick, an Independence attorney.

What happens now in the federal lawsuit? The nine defendants will be asked to provide a response to the allegations, after which a federal judge will determine a time and location for a jury trial.

As in all cases, a person is innocent of all charges unless convicted by a jury or an admission of guilt.

Trey Cocking, city administrator, said he could not comment on any aspect of the lawsuit at the request of the city’s insurance carrier. He said the lawsuit deals with personnel matters, which are considered confidential.

December 18, 2008 · Posted in News