Legal notices from Aug. 26 issue

(Published in the Montgomery County Chronicle on Thursday, Aug. 26, Sept. 2 and 9, 2010)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KANSAS SITTING AT INDEPENDENCE

In the Matter of the Estates of CLEO DURST, GLEN DURST and NANCY FINNEY, Deceased
Case No. 10 PR 38 I

NOTICE TO CREDITORS
THE STATE OF KANSAS TO ALL PERSONS CONCERNED:
You and each of you will take notice that on, July 29, 2010, pursuant to a Petition for appointment of Administratrix filed in this court on the 29th day of July, 2010, by Lois Durst, the said Lois Durst was appointed Administratrix and duly qualified as such Administratrix and Letters of Administration were issued to her on July 29, 2010, by the District Court of Montgomery County, Kansas. All creditors are notified to exhibit their demands against the said estate within four (4) months from the date of the first publication of this notice as provided by law, and if their demands are not thus exhibited they shall be forever barred.
Lois Durst, Administratrix
JOHN R HORST, P.A.
207 West Fourth Ave.  P.O. Box 560
Caney, KS  67333
(620) 879-2146
Attorney for Administratrix
File No. 2355
S.Ct. #09412

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(Published in the Montgomery County Chronicle on Thursday, Aug. 19, 26 and Sept. 2, 2010)

IN THE DISTRICT COURT OF
MONTGOMERY COUNTY, KANSAS
SITTING AT COFFEYVILLE

ARVEST BANK, Plaintiff,
vs.
TOMMY ALLEN and JENNIFER ALLEN, husband and wife, the STATE OF KANSAS, DEPARTMENT OF REVENUE, M&M PLUMBING and COFFEYVILLE REGIONAL MEDICAL CENTER, Defendants. Case No. 10 CV 32 C.

NOTICE OF
SHERIFF’S SALE
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN that pursuant to an Order of Sale issued and directed out of the District Court of Montgomery County, Kansas, pursuant to a judgment and decree rendered therein under date of August 6, 1020, in an action then and there pending, wherein Arvest Bank is Plaintiff and Tommy Allen and Jennifer Allen, et.al., are Defendants, the same being Case No. 10 CV 32 C, I will, on the 14th day of September, 2010 at 2:00 o’clock p.m., of said date, offer for sale and sell at public auction to the highest and best bidder, for cash in hand, at the South door of the Municipal Building, in the City of Coffeyville, in the County of Montgomery, and  State of Kansas, the following described real estate lying and situated in Montgomery County, Kansas, to-wit:
The East 8 feet of  Lot 13 and all of Lot 14, Block 6, Caney Heights Addition to the City of Caney, Montgomery County, Kansas.
Said property is taken as the property of said Defendants and will be sold to satisfy the judgment in rem and in personam of said Plaintiff, Arvest Bank and against the said Defendants, Tommy Allen and Jennifer Allen in the sum of $43,281.54 principal and interest, and interest at the current rate charged by Plaintiff and for the costs and expenses and accruing costs of said action; and that said real estate will be sold subject  to a period of redemption of three (3) months as by law in such case made and provided.
Robert Dierks, sheriff
Montgomery County, Kansas
JOHN R. HORST, P.A.
207 West Fourth Ave.
P.O. Box 560
Caney, KS 67333
(620) 879-2146
Attorney for Plaintiff
File No. 2191.14 • S.Ct. #09412

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(Published in the Montgomery County Chronicle on Thursday, Aug. 19 and 26, 2010)

RESOLUTION NO. 1233
CITY OF CANEY, KANSAS

A RESOLUTION ADOPTED PURSUANT TO ARTICLE 4, CHAPTER IV OF THE CODE OF THE CITY OF CANEY, KANSAS, STATING THE GOVERNING BODY’S FINDINGS OF FACT CONCERNING THE PUBLIC HEARING HELD UPON THE STATEMENT OF THE ENFORCING OFFICER OF SAID CITY THAT THE STRUCTURE(S) DESCRIBED HEREIN IS UNSAFE OR DANGEROUS.
WHEREAS, the City of Caney, Kansas held a public hearing on Aug. 16, 2010, upon the statement of the enforcing officer of said City, to determine whether the following described structure(s) is unsafe or dangerous, to-wit:
Ridgeway add. S 12, T35, R13, E2’ LOT 13; ALL LOT 14BLK; LOT WIDTH: 052.0 LOT DEPTH 137.0 to the City of Caney, Kansas, Montgomery County, Commonly Known as 207 E. 5th. Structure (s) (House and Garage)
WHEREAS, said hearing was held pursuant to and in compliance with the notice requirements set forth in Article 4, Chapter IV of the Code of the City of Caney; and
WHEREAS, Article 4, Chapter IV of the Code of the City of Caney, Kansas, provided that the Governing Body shall hear all evidence submitted by the owners, their agent, lien holder of record, or occupants having an interest in the structure as well as evidence submitted by the enforcing officer filing the statement and shall make findings of fact by resolution.
WHEREAS, the Governing Body of the City of Caney shall fix a reasonable time, not to exceed sixty (60) days, within which the repair or removal of such structure(s) shall be commenced.
WHEREAS, Chief of Police, Rick Pell submitted evidence as the enforcing officer of said City, Chester and Naomi Marsh, and Leann Mock were present as property owner/contract for deed owner.
NOW THEREFORE, after hearing evidence presented by the enforcing officer and landowner in interest, be it resolved by the Governing Body of the City of Caney, Kansas.
SECTION 1.  The Governing Body of the City of Caney, Kansas, finds that the above described property is found to be unsafe or dangerous, and should be repaired or removed, such repair or removal to be commenced within sixty (60) days of the effective date of this resolution, and be completed by October 18, 2010
Section 2.  That if the owner of the above described structure(s) has failed to commence the repair or removal of such structure(s) within the time stated in this resolution or has failed to diligently prosecute the same thereafter, or to complete the same within the time above stated, the City of Caney, Kansas, may proceed to raze and remove such structure(s), make the premises safe and secure or let the same to contract at the expense of the party in interest.
Section 3.  This resolution shall be published once in the Montgomery County Chronicle, the official city newspaper.
Section 4.  The City Clerk of the City of Caney, is hereby directed to mail a true and correct certified copy of the within resolution by certified mail within three (3) days after the date of first publication 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 on 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.
PASSED AND APPROVED by the Governing Body of the City of Caney, Kansas, this 16th day of August 2010.
Dale McBride Mayor
ATTEST: Carole Coker, City Clerk

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(Published in the Montgomery County Chronicle on Thursday, Aug. 26, 2010)

PUBLIC NOTICE
CHILD FIND
Tri-County Special Education Interlocal No. 607 is seeking to identify children from age three (3) through age six (6) who live within the school district boundaries or the Interlocal who have developmental delays or may need special education services. The local school districts serviced by Tri-County Special Education Interlocal #607 are: Caney, Cherryvale, Coffeyville, Fredonia, independence, Neodesha, Thayer and Parsons.
Free developmental screenings and hearing/vision screenings are available for children ages three (3) through six (6). These screenings are offered within each of these local communities on a monthly basis during the school year. If you would like to schedule an appointment for a screening, please contact Tri-County Special Education Interlocal No. 607 in Independence at (620) 331-6303.
If you have a child or know of a child with developmental delays or suspected disabilities age six (6) or older, please contact the child’s local school personnel. Children ages birth through three may be referred to the Interlocal for assistance in contacting the appropriate service provider in your area.
Areas of special education include early childhood special education, developmental delay, orthopedic impaired, visually impaired, hearing impaired, autistic, traumatic brain injury, emotionally disturbed, learning disability, deaf or blind, mental retardation, other heal impaired, gifted or talented or creative, speech or language and severely or multiple disabled.
Parents are advised that all special education services are designed to offer the utmost in educational opportunities for each child, as well as to provide assistance in the areas of physical, mental, emotional and social growth.
State and federal laws are followed in providing each student with a free, appropriate public education in the least restrictive environment.

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(Published in the Montgomery County Chronicle on Thursday, Aug. 26, 2010)

Public Notice of Procedural Safeguards
The Individuals with Disabilities Education Act (IDEA) requires each local board of education in Kansas to provide special education and related services to exceptional children. The term exceptional children includes children who are gifted, preschool aged children with developmental delays and school aged children with disabilities as defined in the Federal Individual with Disabilities Education Act. A list of procedural safeguards is available, upon request, by contacting Tri-County Special Education Interlocal No. 607, P.O. Box 668, Independence, Kansas  67301, or by calling 620-331-6303.
In compliance with Section 504 of the Vocational Rehabilitation Act, Tri-County Special Interlocal No. 607, does not discriminate in admission or access to, or treatment or employment in, its programs and activities. Tri-County’s Section 504 Coordinator is Kevin Shepard, Director. He may be contacted at Tri-County at the above address or phone number.

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(Published in the Montgomery County Chronicle on Thursday, Aug. 26, 2010)

PUBLIC NOTICE
Tri County Special Education Interlocal No. 607 will hold its regular Board of Education meetings at 6:30 p.m. on the second Wednesday of each month. The meetings will be held at the Interlocal central offices at 220 E. Chestnut in Independence.

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(Published in the Montgomery County Chronicle on Thursday, Aug. 26, Sept. 2 and 9, 2010)

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

Bank of America, N.A. (Plaintiff)
vs.
Tamara L. Smallwood, a/k/a Tamara Smallwood, et al (Defendants)
Case No. 09CV53C
Title to Real Estate Involved

NOTICE OF
SHERIFF`S SALE
NOTICE IS HEREBY GIVEN, that under and by virtue of an Order of Sale issued by the Clerk of the District Court of Montgomery County, Kansas, in the case above numbered, wherein the parties above named were respectfully plaintiff and Defendant, and to me, the undersigned Sheriff of Montgomery County, Kansas, directed, I will offer for sale at public auction and sell to the highest bidder for cash in hand at the south steps of the Montgomery County Courthouse, 102 W. 7th St. in Coffeyville, Kansas on September 21, 2010, at 2:00 p.m. of said day, the following described real estate situated in the County of Montgomery, State of Kansas, to-wit:
LOT 4, BLOCK 3, QUEEN CITY SECOND ADDITION TO CITY OF COFFEYVILLE, MONTGOMERY COUNTY, KANSAS (“Property”)
said real property is levied upon as the property of Defendant Tamara L. Smallwood and all other alleged owners and will be sold without appraisal to satisfy said Order of Sale.
Robert Dierks, sheriff
Montgomery County, Kan.
MARTIN, LEIGH, LAWS & FRITZLEN, P.C.
Shari A. Boppart KS #14498
Robert M. Swiss KS #21697
Desarae G. Harrah    KS #23021
ATTORNEY FOR  PLAINTIFF

MARTIN, LEIGH, LAWS & FRITZLEN, P.C. IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

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(Published in the Montgomery County Chronicle on Thursday, Aug. 26, Sept. 2 and 9, 2010)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KANSAS

PHH Mortgage Corporation (Plaintiff)
vs.
Edwin L. Eytcheson (Defendants)
Case No. 10CV131-I-CM
Div. No.
K.S.A. 60
Mortgage Foreclosure

NOTICE OF SUIT
The State of Kansas to: EDWIN L. EYTCHESON, AKA EDDIE LANE EYTCHESON, AKA EDDIE EYTCHESON; JOHN DOE (REAL NAME UNKNOWN); MARY DOE (REAL NAME UNKNOWN)
and the unknown heirs, executors, administrators, devisees, trustees, creditors, and assigns of such of the defendants as may be deceased; the unknown spouses of the defendants; the unknown officers, successors, trustees, creditors and assigns of such defendants as are existing, dissolved or dormant corporations; the unknown guardians and trustees of such of the defendants as are minors or are in anywise under legal disability; and all other persons who are or may be concerned:
You are hereby notified that a petition has been filed in the District Court of Montgomery County, Kansas, by Phh Mortgage Corporation for judgment in the sum of $64,749.04, plus interest, costs and other relief; judgment that plaintiff’s lien is a first lien on the said real property and sale of said property to satisfy the indebtedness, said property described as follows, to wit:
BEGINNING AT A POINT 531.75 FEET EAST OF THE SW CORNER OF SECTION 4, TOWNSHIP 32 SOUTH, RANGE 17 EAST OF THE 6TH P.M., MONTGOMERY COUNTY, KANSAS, THENCE CONTINUING EAST ALONG THE SOUTH LINE OF SAID SECTION 4, 395.87 FEET, DEFLECTING TO THE LEFT ON AN ANGLE OF 90 DEG. NORTH, 494.02 FEET, WEST 385.8 FEET TO THE HIGHWAY RIGHT OF WAY, SOUTHWESTERLY ALONG THE RIGHT OF WAY 377.85 FEET, SOUTHEASTERLY 113.65 FEET TO A POINT 40 FEET NORTH OF THE POINT OF BEGINNING, SOUTH 40 FEET TO THE POINT OF BEGINNING.  Commonly known as 300 West 5200 St., Cherryvale, Kansas 67335
and you are hereby required to plead to said petition in said Court at Independence, Kansas on or before the 10th day of October, 2010.
Should you fail therein judgment and decree will be entered in due course upon said petition.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
SHAPIRO & MOCK, LLP
A
ttorneys for Plaintiff

6310 Lamar – Suite 235

Overland Park, KS 66202

(913 )831-3000
/ Fax (913 )831-3320
Our File No. 10-000748/kv

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(Published in the Montgomery County Chronicle on Thursday, Aug. 26, Sept. 2 and 9, 2010)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KANSAS

First Horizon Home Loans, a division of First Tennessee Bank National Association (Plaintiff)
vs.
Jammie Ernest, et al (Defendants)
Case No. 09-CV-44 I

Notice Of Sale
By virtue of an Order of Sale issued to me out of said District Court in the aboveentitled action, I will on the 23rd day of September, 2010, at 2:00 o’clock p.m., of said day in Room B-11 of the Courthouse in the City of Independence, Montgomery County, Kansas, offer at public sale and sell to the highest and best bidder for cash in hand the following described real estate, to wit:
LOTS 5 AND 6, BLOCK 12, BRADEN’S ADDITION TO THE CITY OF CANEY, MONTGOMERY COUNTY, KANSAS
The abovedescribed real estate is taken as the property of the defendants as directed by said Order of Sale to be sold and will be sold without appraisement to satisfy said Order of Sale.
Robert Dierks, sheriff
Montgomery County, Kan.
ELDON L. GAY #08172
3500 SW Fairlawn Road, Ste. 210
Topeka, Kansas 66614
(785) 272-2607
Attorney for Plaintiff

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(Published in the Montgomery County Chronicle on Thursday, Aug. 26, Sept. 2 and 9, 2010)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KANSAS

NATIONWIDE ADVANTAGE MORTGAGE COMPANY, f/k/a Allied Group Mortgage Company (Plaintiff)
vs.
RICHARD GUY BOYLE, JR.; ALANNA E. BOYLE; et al., (Defendants)
Case No. 10-CV-52I

NOTICE OF SALE
By virtue of an Order of Sale issued to me out of said District Court in the aboveentitled action, I will on the 23rd day of September, 2010, at 2:00 o’clock p.m., of said day in Room B-11 of the Courthouse in the City of Independence, Montgomery County, Kansas, offer at public sale and sell to the highest and best bidder for cash in hand the following described real estate, to wit:
LOTS 3, 12 AND 13, BLOCK 4, HILL AND SUTTER’S ADDITION TO THE CITY OF INDEPENDENCE, MONTGOMERY COUNTY, KANSAS
The abovedescribed real estate is taken as the property of the defendants as directed by said Order of Sale to be sold and will be sold without appraisement to satisfy said Order of Sale.
Robert Dierks, sheriff
Montgomery County, Kan.
ELDON L. GAY #08172
3500 SW Fairlawn Road, Ste. 210
Topeka, Kansas 66614
(785) 272-2607
Attorney for Plaintiff

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(Published in the Montgomery County Chronicle on Thursday, Aug. 26, Sept. 2 and 9, 2010)

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

Beneficial Financial I Inc., formerly known as Beneficial Mortgage Co. of Kansas, Inc., (Plaintiff)
vs.
John W. Wood and Debbie K. Wood, et al (Defendants)
Case No.  10CV114I
Court No.
K.S.A. Chapter 60
TITLE TO REAL ESTATE INVOLVED

Notice Of
SHERIFF’S Sale
By virtue of an Order of Sale issued to me out of the said District Court in the above-entitled action, I will on Thursday, the 16th day of September, 2010 at 2:00PM of said date at the front door of the Courthouse in Montgomery County, Kansas, in the City of Independence, Kansas, offer at public sale and sell to the highest and best bidder for cash in hand, the following described real property, to-wit:
The following described real estate situated in the County of Montgomery and State of Kansas to wit:
Lot 11, Block 6, St. Johns Addition to the City of Caney, Montgomery County, Kansas.
The above-described real estate is taken as the property of the defendants John W. Wood and Debbie K. Wood, et al. and is directed by said Order of Sale to be sold, and will be sold without appraisement to satisfy said Order of Sale.
Robert Dierks, sheriff
Montgomery County, Kan.
McNEARNEY & ASSOCIATES, LLC
Brandon T. Pittenger #20296
Chelsea S. Herring #20522
Teri L. Westbrook #23578
Ryan P. McNearney #24510
6800 College Blvd., Suite 400
P.O. Box 7410
Overland Park, KS 66207
(913) 323-4595, Ext. 176
Attorneys For Plaintiff
NOTICE
Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. Section 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.

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(Published in the Montgomery County Chronicle on Thursday, Aug. 26, Sept. 2 and 9, 2010)

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

Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Banc of America Alternative Loan Trust 2006-5, Mortgage Pass-Through Certificates, Series 2006-5 (Plaintiff)
vs.
James Atkinson and Karl Birkel, et al. (Defendants)
Case No.  10CV7C
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 September 16, 2010, at 2:00 PM, the following real estate:
Lot 15, Block 8, Commercial Club First Addition to the City of Coffeyville, Montgomery County, Kansas, commonly known as 804 W. 10th Street, Coffeyville, KS  67337 (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.
Robert Dierks, sheriff
Montgomery County, Kan.
South & Associates, P.C.
Tricia M. Oldridge   (KS #18213)
245 N. Waco St., Suite 400
Wichita, KS  67202
(316) 684-7733 • (316) 684-7766 (Fax)
Attorneys For Plaintiff (110802)

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(Published in the Montgomery County Chronicle on Thursday, Aug. 26, Sept. 2 and 9, 2010)

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

BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. (Plaintiff)
vs.
Terra L. Freisberg and Jacob E. Freisberg, et al. (Defendants)
Case No.  10CV45C
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 September 16, 2010, at 2:00 PM, the following real estate:
The land referred to herein is situated in the State of KS, County of Montgomery, City of Coffeyville and described as follows:
A part of the NW/4 of the NE/4 of Section 32, Township 34 South, Range 16 East of the 6th P.M., Montgomery County, Kansas, described as follows:
Beginning at a point on the North line of said NW/4 NE/4, said point being 754.00 feet East of the NW corner of said NW/4 NE/4; thence South perpendicular to said North line, a distance of 445.00 feet, thence West parallel with said North line, a distance of 168 feet, more or less, to the West top of Bank of the Creek, thence Northerly along said West top of Bank of the Creek, to the North line of said NW/4 NE/4, thence East along said North line a distance of 195 feet, more or less, to the point of beginning, Montgomery County, Kansas, commonly known as 911 Hibbard Dearing, Coffeyville, KS  67337 (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.
Robert Dierks, sheriff
Montgomery County, Kan.
Prepared By:
South & Associates, P.C.
Tricia M. Oldridge   (KS #18213)
245 N. Waco St., Suite 400
Wichita, KS  67202
(316) 684-7733
(316) 684-7766 (Fax)
Attorneys For Plaintiff (114023)

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(Published in the Montgomery County Chronicle on Thursday, Aug. 26, Sept. 2 and 9, 2010)

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

Countrywide Home Loans Servicing LP, successor in interest to Countrywide Home Loans, Inc. (Plaintiff)
vs.
Florence A. Myers, et al. (Defendants)
Case No.  09CV27C
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 September 16, 2010, at 2:00 PM, the following real estate:
Lot 7, Block 2, North Edgewood Addition to the City of Coffeyville, Montgomery County, Kansas, commonly known as 202 Warwick, Coffeyville, KS  67337 (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.
Robert Dierks, sheriff
Montgomery County, Kan.
South & Associates, P.C.
Randall Wharton   (KS #22897)
245 N. Waco St., Suite 400
Wichita, KS  67202
(316) 684-7733 • (316) 684-7766 (Fax)
Attorneys For Plaintiff (98870)

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(Published in the Montgomery County Chronicle on Thursday, Aug. 19, 26 and Sept. 2, 2010)

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

Bank of America, N.A. (Plaintiff)
vs.
Charles K. Clark and Kelli A. Taylor, et al. (Defendants)

Case No.  10CV37C
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 September 9, 2010, at 2:00 PM, the following real estate:
Lot 21, Block 7, PATTON’S FIRST ADDITION to the City of Coffeyville, Montgomery County, Kansas, commonly known as 1016 West 3rd Street, Coffeyville, KS  67337 (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.
Robert Dierks, sheriff
Montgomery County, Kansas
Prepared By:
South & Associates, P.C.
Mark Mellor   (KS #10255)
245 N. Waco St., Suite 400
Wichita, KS  67202
(316) 684-7733 • (316) 684-7766 (Fax)
Attorneys For Plaintiff (113303)

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(Published in the Montgomery County Chronicle on Thursday, Aug. 19, 26 and Sept. 2, 2010)

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

Chase Home Finance LLC (Plaintiff)
vs.
Christopher L. Seals, Brandi J. Seals  (Defendant(s).)
Case No. 2010CV97-I
Div. No.
K.S.A. 60
Mortgage Foreclosure

NOTICE OF SALE
Under and by virtue of an Order of Sale issued by the Clerk of the District Court of MONTGOMERY County, Kansas, to me the undersigned Sheriff of MONTGOMERY County, Kansas, I will offer for sale at public auction and sell to the highest bidder for cash in hand at the front steps of the MONTGOMERY County Courthouse at Independence, Kansas, at 2 p.m., September 9, 2010, the following real estate:
Lot 9, Block 10, Northfield Subdivision to the City of Coffeyville, Montgomery County, Kansas, more specifically described as 304 North Ohio Street, Coffeyville, KS  67337
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.
Robert Dierks, sheriff
Montgomery County, Kan.
PREPARED AND SUBMITTED BY:
SINGER TARPLEY & JONES, P.A.
Sheldon R. Singer KS #10915
Linda S. Tarpley #22357
Kenneth C. Jones #10907
Jonah W. Lock # 23330
10484 Marty
Overland Park, KS  66212
(913) 648-6333 • fax (913) 642-8742
ATTORNEY FOR PLAINTIFF

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(Published in the Montgomery County Chronicle on Thursday, Aug. 19, 26 and Sept. 2, 2010)

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

Bank of America, N.A. (Plaintiff)
vs.
Susan R. Ballew and Robert D. Ballew, et al. (Defendants)
Case No.  10CV47C
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 September 9, 2010, at 2:00 PM, the following real estate:
Beginning at a point 537.59 feet North of the Southeast corner of Lot 1, Section 4, Township 35 South, Range 15 East, thence North 307.91 feet, thence West 707.36 feet, thence South 307.91 feet, thence East 707.36 feet to the place of beginning, Montgomery County, Kansas, commonly known as 1681 Creek 3300, Coffeyville, KS  67337 (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.
Robert Dierks, sheriff
Montgomery County, Kan.
Prepared By:
South & Associates, P.C.
Mark Mellor   (KS #10255)
245 N. Waco St., Suite 400
Wichita, KS  67202
(316) 684-7733 • (316) 684-7766 fax
Attorneys For Plaintiff (114516)

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(Published in the Montgomery County Chronicle on Thursday, Aug. 19, 26 an Sept. 2, 2010)

IN THE DISTRICT COURT OF
MONTGOMERY COUNTY, KANSAS

Chase Home Finance LLC (Plaintiff)
vs.
William D. Bonde aka William David Bonde, Mary Roe unknown spouse if any, American General Financial Services, Inc., (Defendant(s).
Case No. 10CV13 I
Div. No.
K.S.A. 60
Mortgage Foreclosure

NOTICE OF SALE
Under and by virtue of an Order of Sale issued by the Clerk of the District Court of MONTGOMERY County, Kansas, to me the undersigned Sheriff of MONTGOMERY County, Kansas, I will offer for sale at public auction and sell to the highest bidder for cash in hand at the main lobby of the MONTGOMERY County Courthouse at 320 North Sixth Street, Independence, Kansas, at 2:00PM on September 9, 2010, the following real estate:
Lot 35, Belmont Addition to the City of Independence, Montgomery County, Kansas, more specifically described as 1230 N. 2nd Street, Independence, KS  67301
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.
Robert Dierks, sheriff
Montgomery County, Kan.
PREPARED AND SUBMITTED BY:
SINGER TARPLEY & JONES, P.A.
Sheldon R. Singer KS #10915
Linda S. Tarpley #22357
Kenneth C. Jones #10907
Jonah W. Lock # 23330
10484 Marty
Overland Park, KS  66212
(913) 648-6333 • fax (913) 642-8742
ATTORNEY FOR PLAINTIFF

* * * * *

(Published in the Montgomery County Chronicle on Thursday, Aug. 12, 19 and 26, 2010)

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

Chase Home Finance LLC (Plaintiff)
vs.
Tia Thomas, et al. (Defendants)
Case No.  10CV15I
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 September 2, 2010, at 2:00 PM, the following real estate:
Lot 6, Block 3, Queen City First Addition to the City of Coffeyville, Montgomery County, Kansas, commonly known as 1011 W. 5th Street, Coffeyville, KS  67337 (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.
Robert Dierks, sheriff
Montgomery County, Kan.
Prepared By:
South & Associates, P.C.
Mark Mellor   (KS #10255)
245 N. Waco St., Suite 400
Wichita, KS  67202
(316) 684-7733 • (316) 684-7766 (Fax)
Attorneys For Plaintiff (110452)

* * * * *

(Published in the Montgomery County Chronicle on Thursday, Aug. 12, 19 and 26, 2010)

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

Chase Home Finance LLC (Plaintiff)
vs.
Desiree J. Brook, et al. (Defendants)
Case No.  10CV52C
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 September 2, 2010, at 2:00 PM, the following real estate:
Lots 9 and 10, Block 1, Southside Addition to the City of Coffeyville, Montgomery County, Kansas., commonly known as 117 West John Street, Coffeyville, KS  67337 (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.
Robert Dierks, sheriff
Montgomery County, Kan.
Prepared By:
South & Associates, P.C.
Randall Wharton   (KS #22897)
245 N. Waco St., Suite 400
Wichita, KS  67202
(316) 684-7733 • (316) 684-7766 (Fax)
Attorneys For Plaintiff (95944)

* * * * *

(Published in the Montgomery County Chronicle on Thursday, Aug. 12, 19 and 26, 2010)

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

Household Finance Corporation III (Plaintiff)
vs.
Rick S. Shadduck, aka Richard S. Shadduck, Sr.; John Doe (tenant/occupant); Jane Doe (tenant/occupant) (Defendants)
Case No. 10CV112I
Court No.
K.S.A. Chapter 60
Title to Real Estate Involved

Notice Of SUIT
The State of Kansas to:
The above-named defendants and the unknown heirs, executors, administrators, devisees, trustees, creditors, lessees, tenants and assigns of any deceased defendants; the unknown spouses of any defendants; the unknown officers, successors, trustees, creditors, lessees, tenants and assigns of any defendants that are existing, dissolved or dormant corporations; the unknown executors, administrators, devisees, trustees, creditors, lessees, tenants, 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, lessees, tenants and assigns of any person alleged to be deceased, AND ALL OTHER PERSONS WHO ARE OR MAY BE CONCERNED:
YOU ARE HEREBY NOTIFIED that a Petition for Mortgage Foreclosure has been filed in the above District Court of Kansas, as above captioned, praying for a decree of foreclosure on the plaintiff’s first lien on the real estate described as follows, to wit:
The SE/4 of the SE/4 of Section 8, Township 31, Range 15, Montgomery County, Kansas.
YOU ARE HEREBY REQUIRED to plead to said Petition on or before the 23rd day of September, 2010 at the Courthouse in the above county.
Should you fail therein, judgment and decree will be entered in due course upon said Petition for Mortgage Foreclosure.
MCNEARNEY & ASSOCIATES, LLC
Brandon T. Pittenger#20296
Chelsea S. Herring #20522
Teri L. Westbrook #23578
Ryan P. McNearney #24510
6800 College Blvd., Suite 400
P.O. Box 7410
Overland Park, KS 66207
(913) 323-4595 Ext. 176
Attorneys for Plaintiff

NOTICE
Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. Section 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.

* * * * *

(Published in the Montgomery County Chronicle on Thursday, Aug. 12, 19 and 26, 2010)

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

Chase Home Finance LLC (Plaintiff)
vs.
John Turner aka  John R. Turner, Stephenie L. Turner (Defendant(s).
Case No. 09CV166 I
Div. No.
K.S.A. 60
Mortgage Foreclosure

NOTICE OF SALE
Under and by virtue of an Order of Sale issued by the Clerk of the District Court of MONTGOMERY County, Kansas, to me the undersigned Sheriff of MONTGOMERY County, Kansas, I will offer for sale at public auction and sell to the highest bidder for cash in hand on the front steps of the MONTGOMERY County Courthouse at 300 East Main Street, Independence, Kansas, at 2:00PM on September 2, 2010, the following real estate:
Lot 3, Foster’s Sub-division of Out Lot 22, City of Independence, Montgomery County, Kansas.more specifically described as 509 S. 8th Street, Independence, KS  67301
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.
Robert Dierks, sheriff
Montgomery County, Kan.
PREPARED AND SUBMITTED BY:
SINGER TARPLEY & JONES, P.A.
Sheldon R. Singer KS #10915
Linda S. Tarpley #22357
Kenneth C. Jones #10907
Jonah W. Lock # 23330
10484 Marty
Overland Park, KS  66212
(913) 648-6333 • Fax  (913) 642-8742
ATTORNEY FOR PLAINTIFF

* * * * *

(Published in the Montgomery County Chronicle on Thursday, Aug. 12, 19 and 26, 2010)

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

Chase Home Finance LLC (Plaintiff)
vs.
Cheryl A. Wright, et al. (Defendants)
Case No.  10CV6 I
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 September 2, 2010, at 2:00 PM, the following real estate:
The South 155.1 feet of Lots 1 and 2, Block 6, Hadsell’s Subdivision of the East 30 acres of the Southwest Quarter and the West 39 acres of the Southeast Quarter of Section 33, Township 34 South, Range 16 East of the 6th P.M., Montgomery County, Kansas, commonly known as 606 Cheyenne Avenue, Coffeyville, KS  67337 (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.
Robert Dierks, sheriff
Montgomery County, Kan.
Prepared By:
South & Associates, P.C.
Tricia M. Oldridge   (KS #18213)
245 N. Waco St., Suite 400
Wichita, KS  67202
(316) 684-7733 • (316) 684-7766 (Fax)
Attorneys For Plaintiff (109767)

* * * * *

(Published in the Montgomery County Chronicle on Thursday, Aug. 12, 19 and 26, 2010)

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

Deutsche Bank National Trust Company, as indenture trustee, on behalf of the holders of the Accredited Mortgage Loan Trust 2005-4 Asset Backed Notes (Plaintiff,)
vs.
Dennis G. Pautler and Theresa I. Pautler, et al., (Defendants)
Case No.  10CV1-I
K.S.A. Chapter 60
TITLE TO REAL ESTATE INVOLVED

NOTICE OF
SHERIFF’S SALE
By virtue of an Order of Sale issued to me out of the said District Court in the above-entitled action, I will on Thursday, the 2nd day of September, 2010 at 2:00PM of said date at the front door of the Courthouse in Montgomery County, Kansas, in the City of Independence, Kansas, offer at public sale and sell to the highest and best bidder for cash in hand, the following described real property, to-wit:
Lot 6, Elmhurst Addition No. 2, City of Independence, Montgomery County, Kansas.
The above-described real estate is taken as the property of the defendants Dennis G. Pautler and Theresa I. Pautler, et al. and is directed by said Order of Sale to be sold, and will be sold without appraisement to satisfy said Order of Sale.
Sheriff Robert Dierks
Montgomery County, Kan.
McNEARNEY & ASSOCIATES, LLC
Brandon T. Pittenger #20296
Chelsea S. Herring #20522
Teri L. Westbrook #23578
Ryan P. McNearney #24510
6800 College Blvd., Suite 400
P.O. Box 7410
Overland Park, KS 66207
(913) 323-4595, Ext. 185
ATTORNEYS FOR PLAINTIFF

NOTICE
Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. Section 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.

* * * * *

(Published in the Montgomery County Chronicle on Thursday, Aug. 12, 19 and 26, 2010)

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

Chase Home Finance LLC (Plaintiff)
vs.
Tony Coots, et al. (Defendants)
Case No.  09CV136I
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 September 2, 2010, at 2:00 PM, the following real estate:
Lot 3, Block 21, Original City of Cherryvale, Montgomery County, Kansas, commonly known as 309 S. Neosho Street, Cherryvale, KS  67335 (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.
Robert Dierks, sheriff
Montgomery County, Kan.
Prepared By:
South & Associates, P.C.
Tricia M. Oldridge   (KS #18213)
245 N. Waco St., Suite 400
Wichita, KS  67202
(316) 684-7733 • (316) 684-7766 (Fax)
Attorneys For Plaintiff (104334)

August 26, 2010 · Posted in News, Notices  
    

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