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August 13, 2008


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Public Notices    IN THE DISTRICT COURT OF LEAVENWORTH COUNTY, KANSAS GENERAL CLAIMS DIVISION  DEVELOPMENT, INC., Plaintiff      v.  UNION PACIFIC RAILROAD COMPANY, KRAMER MACHINE AND ENGINEERING PRODUCTS COMPANY, STORAGE, INC., CITY OF LEAVENWORTH,  THE BOARD OF COUNTY  COMMISSIONERS OF LEAVENWORTH COUNTY,  KANSAS,the unknown heirs, executors,  administrators, devisees, creditors, trustees, and assigns of such of the defendants as may be deceased; the  unknown spouses of any defendants; the unknown officers, successors,  trustees, creditors, and assigns of  such defendants as are existing,  dissolved or dormant corporations;  the unknown executors, administrators, devisees, trustees, creditors, successors  and assigns of such defendants as are or  were partners or in partnership; the  unknown guardians, conservators, and trustees of such of the defendants as are minors or in any wise under legal disability; and the unknown heirs,  executors, administrators, devisees,  trustees, creditors and assigns of any  person alleged to be deceased, Defendants. Case No. 2008-CV-459  NOTICE OF HEARING  TO THE STATE OF KANSAS TO ALL PERSONS CONCERNED:  You are hereby notified that a Petition to Quiet Title was filed in this Court by Development, Inc. praying to quiet title to the following described real estate:   All that part of vacated Water Street lying adjacent to Lot 1, Block 5, Bridgeport Replat, City of Leavenworth, Leavenworth County, Kansas and being more particularly described as  follows:  Beginning at the Northeast corner of said Lot 1, thence North 8˚55=05@ East, along the North line of said Lot 1 (extended) a distance of 60.35 feet to a point on the Easterly line of said vacated Water Street; thence South 1˚16=23@ East, along the East line of said vacated Water Street, a distance of 186.99 feet to the intersection said East line with the South line (extended) of said Lot 1; thence South 78˚35=02@ West, along said south line (extended) a distance of 60.00 feet to the Easterly line of said Lot 1; thence North 1˚16=23@ West, along said East line, a distance of 193.65 feet to the POINT OF BEGINNING and containing 11,419 square feet, more or less.   You are required to file your written defenses thereto on or before September  10, 2008, at 8:30 a.m. of such day, in this Court, at the Leavenworth County Justice Center, 601 S. Third Street, Leavenworth, Kansas, at which time and place the cause will be heard.  Should you fail, judgment and decree will be entered in due course upon the Petition.  Development, Inc., Plaintiff  Douglas G. Waters, Jr., P.A. #07243 Attorney at Law 433 Shawnee Street Leavenworth, KS 66048 (913) 682-7343 Attorney for Plaintiff First published in Leavenworth Times, Wednesday, July 30, 2008. (3t) 

Public Notices    IN THE DISTRICT COURT OF LEAVENWORTH COUNTY, KANSAS  IN THE MATTER OF THE CONDEMNATION OF LAND FOR STREET PURPOSES:  CITY OF LEAVENWORTH, KANSAS Plaintiff,  vs.  ROBERT L. WALLER and CAROLE E. WALLER 15698 South Hillside, Suite 1001  Olathe, Kansas 66062 And  MICHAEL D. SIMLEY and CAROL M. SMILEY 222 Sheridan Road Ft. Bliss, Texas 79906 And JAMES D. PRATER and B.U. PRATER 800 Alton Street Alton, ILL 62002 And FREDERICK J. STREB 17987 Possom Point Rd. Numfries, VA 22026 and/or 104 Barkfield Street Brandon, FL 33511 And WALDO R. and DEBORAH J. CLOCK 1925 Metropolitian Avenue Leavenworth, Kansas 66048 And  ELDRED L. SNYDER 1905 Metropolitian Avenue Leavenworth, Kansas 66048 And The unknown heirs, executors, administrators, devisees, creditors and assigns of such of the defendants; The unknown spouses of the defendants; The unknown guardians and trustees of such defendants as are minors or are in anywise under legal disability; Theunknown officers, successors, trustees, creditors and assigns of such defendants as are existing, dissolved or dormant corporations. Defendants No. 2008 DV 447  AMENDED NOTICE OF PROCEEDINGS IN  EMINENT DOMAIN  The City of Leavenworth to the above-named Defendants and all persons concerned:      You are hereby notified that the City of Leavenworth, Kansas, has filed an Amended Petition for proceedings in eminent domain in the District Court of Leavenworth County, Kansas, for the purpose of seeking condemnation of certain lands and/or interest and/or rights therein for street construction over and across the real property described in the Petition filed.      Therefore, on the 20th day of August 2008 at 8:30 o’clock A.M. the District Court of Leavenworth County, Kansas, will take up and consider such Petition as provided in the Eminent Domain Procedure Act K.S.A. 26-501 et. seq. At the time set out for consideration of the Petition the Court will examine the Petition and if the Court finds that Plaintiff has the power of eminent domain and that this taking is necessary for Plaintiff’s lawful corporate purposes, then appraisers will be appointed and a date for filing of appraiser’s report.   CITY OF LEAVENWORTH, KANSAS Plaintiff  Submitted By: Robert D. Beall, #05868 529 Delaware Leavenworth, Kansas 66048 (913) 682-3822 (913) 682-7136 (fax) bob-rdbeall@kc.rr.com Attorney for City of Leavenworth First published in the Leavenworth Times Wednesday, August 6, 2008. (3t)

Public Notices    IN THE DISTRICT COURT OF LEAVENWORTH COUNTY, KANSAS First Judicial District-Division One  In the Matter of the Marriage of: Dennis R. Carnine, Petitioner And Mei Sheung Carnine, Respondent 2008-DM-000743  INITIAL ORDER OF THE COURT (Revised Dec. 2002)       Since the Domestic Relations docket is growing in both complexity of issues and numbers of cases, and since court support personnel and funding are limited, the court hereby issues the following order and the commencement of the instant action.  4 Court costs have been paid. __ Court costs have not been paid due to Affidavit filed 1) This case is set for a non-contested divorce for Thursday, September 18 2008 at 8:30 A.M. Courtroom I, Leavenworth Justice Center, 601 S. Third St., Leavenworth, KS.  2) If this case is not heard or otherwise disposed of on or before this date, then it is set for pretrial hearing in said Courtroom on Thursday, September 18, 2008 at 10:00 A.M.  3) Ex parte orders will be issued upon presentation or verified Petition, Motion and upon good cause shown. If either party desires to modify said order 9or wishes to establish a temporary order after filing), a Motion to Modify or Motion to Establish Temporary Orders can be filed and set for the next available Thursday at 9:30 AM with at least three (3) day notice to opposing side. If notice of being given by delivery to the District Court Distribution Box in lieu of US mail, then opposing counsel shall also be called and advised of the delivery of the motion of their box. These hearings are limited to one-half hour (15 minutes each side); if more time is desired, then contact the Court’s Administrative Assistance to set a hearing.   4) After the filing of this case, the Petitioner or the Petitioner’s counsel shall within five (5) days after receipt of any responsive pleading or entry of appearance serve copies of this Order upon all affected parties or their counsel, and the Petitioner shall file written proof of such service in this case within five (5) days of making such service.   5) Whenever necessary, all counsel and affected parties shall pursue legal discovery throughout the pendency of this action, and especially during the sixty (60) day waiting period in divorce actions, Counsel and affected parties shall engage in good faith settlement negotiations during the waiting period mentioned in this paragraph. Relevant fianancial information in respect to wages, income, retirement benefits and similiar matters shall be exchanged between counsel or affected parties without any unwarranted delay during the 60 day waiting period. Requests by either party for child custody evaluations, home studies or marriage counseling shall be initiated within twenty (20) days after summons is served on the Respondent, unless new information later develops to warrant a request outside this time period.   6) All proposed order, if any, for child custody evaluations, home studies, marriage counseling or similiar matters when drafted and presented to the Court for approval shall contain, the following language.  “The report called for by this order shall be completed and filed with the above court no later than 45 days from the date file-stamped on this instrument. All persons or agencies undertaking to prepare the report described herein hereby agree by proceeding with said undertaking to be bound by this 45 day requirement and order of the court and agree that said report shall be filed in this case on or before the stated due date. Furthermore, copy of said report shall be made for the attorneys involved for preparation but not for the purpose of allowing anyone else to read said report or make copies of said report. The attorney may paraphrase the findings and recommendations in disclosing the report to their client.”  7) If the case is not dismissed or disposed of on the uncontested docket, the pretrial hearing shall be held as scheduled and each counsel and/or affected party shall appear in person. Trial by surprise or secrecy in domestic relation actions is not acceptable in the undersigned court. The court will hear and determine all disputed issues, whatever they may be, but it shall be the responsibilty and duty of counsel or affected parties to identify specifically each and every contested issue, and give a factual summary of the evidence, value and position that will be advanced by that counsel or affected party on each contested issue.   8) The failure of any affected party to appear in person and/or by counsel at the pretrial hearing (and/or scheduling conference) may result in the instant action being dismissed or the pretrial hearing (and/or schduling conference) being conducted without input from the non-appearing party, or the case may be scheduled for an uncontested final hearing without further notice.   9) The following shall apply in all cases involving minor children:      a) Child support shall be determined by current Kansas Child Support Guidelines and set out in accurately and properly computed Child Support Worksheets (all Child Support Worksheets in cases involving counsel shall be signed by counsel and shall include counsel’s full name, address, telephone number); the Domestic Relations Affidavits shall also be prepared, signed and filed by counsel or affected parties in accord with said guideline provisions and financial disclosure requirements.      b) Child Support Worksheets shall have attached any pay slips or other written evidence of income for computation under A & B, copies of health care premiums under D 4, and copies of payments or bills for work related child care costs under D 5.       c) All Child support amounts must be approved by the court. Any agreement or effort by the parties or either of them to deviate the child support guidelines must be justified to the court and approved by the court.   10) Counsel and/or affected parties shall work and prepare their respective cases in both substance and spirit in accord with the provisions set out in this order.   11) Any Journal Entries submitted under Supreme Court Rule 170 shall be delivered to the Court’s Administrative Assistant. All objections shall be timely filed with the Clerk of the District Court and a “Chambers Copy” provided to the Judge.   IT IS BY THE COURT SO ORDERED as of the date file stamped hereon.   /s/ Gunnar A. Sundy District Judge  Certificate of Service     The undersigned certifies that a copy of the above Initial Order of the Court was either delivered or mailed to Petitioner’s counsel or Petitioner on the date said order was filed in court.  /s/ Darla Farnsworth Deputy Clerk First published in the Leavenworth Times Wednesday, August 13, 2008. (3t)


Public Notices    IN THE DISTRICT COURT OF LEAVENWORTH COUNTY, KANSAS CIVIL DEPARTMENT  US Bank, NA Plaintiff, vs. Troy A. Letourneau, et al., Defendants Case No. 08CV483 Court No.  Title to Real Estate Involved Pursuant to K.S.A./60  NOTICE OF SUIT  STATE OF KANSAS to the above named Defendants and The Unknown Heirs, executors, 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; and the unknown guardians, conservators and trustees of any defendants that are minors or are under any legal disability and all other person who are or may be concerned:      YOU ARE HEREBY NOTIFIED that a Petition for Mortgage Foreclosure has been filed in the District Court of Leavenworth County, Kansas by US Bank, NA, praying for foreclosure of certain real property legally described as follows:      PARCEL 2 A PORTION OF LOT 67, PRAIRIE GARDENS - 2ND PLAT, IN THE CITY OF BASEHOR, LEAVENWORTH COUNTY, KANSAS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS NORTH 90 DEGREES 00'00" EAST, 110.75 FEET ALONG THE SOUTH LINE AND NORTH 00 DEGREES 00'00" EAST, 196.46 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 67; THENCE NORTH 20 DEGREES 39'54" WEST, 64.90 FEET; THENCE NORTH 69 DEGREES 20'06" EAST, 82.40 FEET; THENCE SOUTH 20 DEGREES 39'54" EAST, 64.90 FEET; THENCE SOUTH 69 DEGREES 20'06" WEST, 82.40 FEET TO THE POINT OF BEGINNING. CONTAINS 0.123 ACRES, MORE OR LESS.   for a judgment against defendants Troy A. Letourneau, Bridget L. Letourneau, Wells Fargo Bank, N.A., John Doe, Jane Doe and any other interested parties and you are hereby required to plead to the Petition for Foreclosure by September 23, 2008 in the District Court of Leavenworth County, Kansas.  If you fail to plead, judgment and decree will be entered in due course upon the request of plaintiff.  Millsap & Singer, LLC  By: _______________________________ Matthew S. Layfield, #22449  Kip J. Bilderback, #21350 Aaron M. Schuckman, #22251 612 Spirit Drive St. Louis, MO  63005 (636) 537-0110 (636) 537-0067 (fax)  ATTORNEYS FOR PLAINTIFF  MILLSAP & SINGER, LLC AS ATTORNEYS FOR US BANK, NA IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. First published in the Leavenworth Times Wednesday, August 13, 2008.. (3t) 
1199    Public Notices    RESOLUTION 2008-16   A Resolution Rezoning (RZ 08-003) a tract of land located in the NE _ of Section 20, Township 11S, Range 22E, also known as 17763 Kansas Ave.    WHEREAS, it is hereby found and determined that a request to rezone from R-Rural (RR-5.0) to R-Rural (RR-2.5) for a tract of land as described above was filed with the Secretary of the Leavenworth County Planning Commission; and,  WHEREAS, it is hereby found that the Leavenworth County Planning Commission, after notice as required by law, did conduct a public hearing upon the issuance of such permit on the 12th day of December, 2007; and,  WHEREAS, it is hereby found that the Leavenworth County Planning Commission, based upon specific findings of fact incorporated by reference herein, did recommend that said property be rezoned to R-Rural (RR 2.5); and,  WHEREAS, the Board of County Commissioners meeting in session on the 27th day of December, 2007, did consider the application for the Rezoning and the recommendation of the Leavenworth County Planning Commission.  NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Leavenworth County, Kansas, that:  Resolution 2008-016 be issued for Rezoning to R-Rural (RR 2.5) on a tract of land located in the NE _ of Section 20, Township 11S, Range 22E also known as 17763 Kansas Ave. Street (Parcel #184-20-0-00-00-004.02-0-01), in Leavenworth County, Kansas.                                         Adopted this 24th day of July, 2008 Board of County Commissioners Leavenworth, County, Kansas  __________________ Clyde D. Graeber, Chairman, _________________ Gerald D. Oroke,  Member _________________ James C. Tellefson, Member  ATTEST: ________________ Linda A.Scheer County Clerk Published in the Leavenworth Times, Wednesday, August 13, 2008. (1t)  
 

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