Courthouse 5-10-13

District Court
CIVIL
Dismissed:
The case of Betty Christensen vs. Alisha Griffith, Salina, has been dismissed with prejudice.
Settled: Deutsche Bank National Trust Co. received a judgment of $33,590.33 plus interest and costs from Jammie S. Kreiter et al, Concordia.
Filed:
Wells Fargo Bank NA seeks a judgment of $73,294.99 plus interest and costs from Donald A. Thomas Jr., et al, Belleview, Fla.
Appeals:
Thomas D. Sutton filed an appeal on the judgment of his suit against Budreau Muffler Automotive, Concordia.
Bryan Douglas Sprung, Hutchinson Prison, filed an appeal on the Court's judgment at his trial claiming he did not receive a fair and impartial trial and that it failed to properly apply the statutes set forth in the Constitution, violating his rights to due process.

LIMITED CIVIL
Settled:
Newton Health Care received a judgment of $993.42 plus interest and costs from Janice McGinnis, Concordia.
Scott R. Condray, Chartered received a judgment of $1,060.08 plus interest and costs from Reanne Emmel, Concordia.
Filed:
Credit Management Services Inc. seeks a judgment of $1,994.27 plus interest and costs from Edward L. Bellows III, et al, Glasco.
Credit Management Services Inc. seeks a judgment of $192 plus interest and costs from Nathan Gregory Chaput, Aurora.
Central National Bank seeks a judgment of $410.65 plus interest and costs from Melinda Seward, Concordia.
Credit Management Services Inc. seeks a judgment of $17,210.09 plus interest and costs from Rochelle Roberts, Glasco.

SMALL CLAIMS
Dismissed:
The case of City of Jamestown vs. Merlen Turley, Americus, has been dismissed with prejudice.

TRAFFIC
All Subtypes, May 1-7
The following people received fines for Speeding: Ashley M. Ayres, $209; Base M. Basvic, Debra R. Becker, Steven W. Castro, Glenn E. Cox, Ryan T. Flagler, Matthew E. Hollenbeck, Steven Jackson, Beau Justin  Keller, Justin U. Knapp, Charles Krueger, Troy A. Lawson, Laura M. Luett, Sterling W. Meals, Brian D. Mensch, Melanie Peart, James Plucknett, James A. Reed, Carl Shrontz, Alexandria R. Snyder, Lee F. Staab, Damon Dale Sterrett, Andrea M. Tarnick, Jacalynn M. Turley,  Antoine E. Walker, Mary K. Warfield, Mark A. Wendt, $143; Jasmine Castillo, Jose J. Lamprea Pantano, Joshua D. Stone, $191; Suzanne Eden Murphy, $185; Juan Reyes, Noah D. Strait, $167.
Receiving $10 fines for failure to wear seat belt were: Guadalupe Rodriguez, Nathan R. Trost and Jerome K. Wendell.
Receiving fines for other violations were Adam R.  Allison, Transporting an open container, $98, deferred adjudication; Juan A. Castillo, transporting an open container, $298; Jose Cisneros-Govea, operating motor vehicle without a valid license, $198;  Richard J. Collins Jr., vehicle liability insurance required, $398; Darrell J. Custer, driving under the influence, first conviction, $888, deferred adjudication; Linda S. Hamel, failure to yield at stop or yield sign, $173; Laura Hittle, Vehicles; Liability insurance coverage required, $398; Melanie Peart, child passenger safety, restraining systems and seat  belts, $60; Gustavo Zacarias-Romero, operating motor vehicle without a valid license, $200.

CRIMINAL
Leonard K. Tinay Jr. appeared May 8 and was found Guilty and convicted of Driving While License Suspended. He was sentenced to 30 days in the Cloud County Jail and ordered to pay a fine of $100 and costs of the action, $98 by May 29. The Court finds that  Defendant's sentence shall be suspended on the condition that all fines and costs are paid in full.
Devon V. Stos appeared May 8 and was found Guilty and convicted of Unlawful Possession or Consumption of a Cereal Malt Beverage By a Minor and Transporting an Open Container of Alcohol. For unlawful possession or consumption of a cereal malt beverage by a minor he was ordered to pay a fine of $200 and costs of the action, $98. For transporting an open container he was ordered to pay a fine of $200. The Court directed the Division of Motor Vehicles to suspend Defendant's driving privileges pursuant to statute.
Devon Vincent Stos appeared May 8. He was advised of his constitutional and legal rights as they pertaIn to plaintiff's Motion to Revoke Diversion. Counsel for the State of Kansas advised the Court that the State will withdraw the motion to revoke diversion and dismiss the action as unsuccessful. After consideration of the statement of counsel, the Court found that the motion to revoke diversion was withdrawn and that Defendant's diversion was dismissed as unsuccessful.
Darren Lee Powell appeared May 8. He was found Guilty and convicted of Theft. He was sentenced to six months in the Cloud County Jail and ordered to pay costs of the action, $160 and restitution to Kenneth Derusseau in the sum of $1,183.26. The Court found that Defendant is jointly and severally liable for restitution to the victim with co-defendant, Candi Ann McNeely, Case No. 13-CR-77. Defendant's sentence shall be suspended on the condition that all costs and restitution is paid forthwith.
Candi Ann McNeely appeared May 8 and was found Guilty and convicted of Theft. She was sentenced to six months in the Cloud County Jail, ordered to pay costs of the action, $160 and restitution to Kenneth Derusseau in the sum of $1,183.26 forthwith. The Court found that Defendant is jointly and severally liable for restitution to the victim with co-defendant, Darren Lee Powell, Case No. 13-CR-76. Her sentence was suspended on condition that all costs and restitution are paid forthwith. Defendant's cash bond was applied to costs of the action.
Clayton Edward Koochel appeared May 7. The Court found that Defendant had Violated the Terms and Conditions of his Probation and that the same should be revoked. His sentence was modified to time served and his probation terminated as unsuccessful.
Shari L. Major appeared May 8 and was found Guilty and convicted of Giving Worthless  Check. She was sentenced to six months in the Cloud County Jail and ordered to pay costs of the action, $160 and restitution to Kearn Auction of $353.82, administrative handling fee to the Cloud County treasurer, $10. Her sentence was suspended with Defendant being placed on unsupervised probation for six months following specific terms and conditions.
Travis L. Blackwood appeared April 30 and was found Guilty and convicted of Disorderly Conduct. He was sentenced to 30 days n the Cloud County Jail, ordered to pay costs of the action, $160, restitution to the Cloud County Health Center in the total negotiated sum of $835.20 and restitution to the Family Care Center in the total negotiated sum of $63 and all other assessed fees. His sentence was suspended with Defendant being placed on unsupervised probation for six months following specific terms and conditions.
Michael S. Adkins appeared May 8 and was found Guilty and convicted of No Driver's License. He was sentenced to 30 days in the Cloud County Jail and ordered to pay costs of the action, $98 and a fine of $100. His sentence shall be suspended upon full payment of all costs and fine immediately.
 
LEGAL TRANSFERS
Quit Claim Deeds:
Deborah Liby-Hammond, trustee of Larry V. Crum revocable trust to Agmark, LLC, a tract of land located in the northeast quarter of section 31-5-3 west of the 6th P.M. Cloud County Kansas. See record.
Thomas P. Roche to Amanda Garman, all of lots 7 and 8 in block 2 in C.I. Gould's Addition in the city of Jamestown, Cloud County Kansas.
Amanda Garman and Steven Garman to Elizabeth Standley and Ken Gustavson, all of lots 7 and 8 in block 2 in C.I. Gould's Addition to the city of Jamestown, Cloud County Kansas.
Transfer on Death Deed:
Donna M. Pelsor to Peggy Lynn Pelsor, lot 1 and the east half of lot 2 in block 10 in the city of Aurora, Cloud County Kansas, according to the recorded plat thereof.


Warranty Deeds:
John M. Isaacson and Robin J. Isaacson to William Y. Strickland, the north 50' of lots 25-26-27-28 all in block 151 city of Concordia, Cloud County Kansas according to the recorded plat thereof.
Richard D. Lowrey and Roberta E. Lowrey to Lowrey Inc., lots 35 and 36 and the east 7 feet of the north 32 feet of lot 34, all in block 149 in the city of Concordia, Cloud County Kansas according to the recorded plat thereof.
Judy M. Kircher to Joshua Brooks and Mayra Brooks, the west 44 feet of lot 2 and the east 22 feet of lot 3 in block 57 in the city of Concordia, Cloud County Kansas according to the recorded plat thereof.
Bryce D. Wachs and Traci R. Wachs to Mitchell E. Sipe and Whitney E. Wipe, lot 6 of block V in Budreau's sub-division, city of Concordia, Cloud County Kansas per the recorded plat thereof; being part of the southwest quarter, southwest quarter 34-5-3. See Record.
Dean L. Herrs and Connie L. Herrs to Dean L. and Connie L. Herrs living trust, north half northeast quarter southeast quarter northeast quarter 24-5-1; northwest quarter 24-5-1.
Karl V. Gustafson to Karl V. Gustafson trust, Karl V. Gustafson, trustee, and First National Bank & Trust co-trustee, southwest quarter 24-6-3 except a tract. See record.
Robert D. Swanson to Kansas District of the Wesleyan Church, west half of block 2 and all of block 3 Robinson's Addition to the city of Concordia, Cloud County Kansas according to the recorded plat thereof.

Trustees Deed:
Francis D. Cox trust and Doreen T. Cox trust to F&D Cox Farms LLC, northeast quarter of section 13-5-1 west of the 6th P.M., Cloud County Kansas.

EARLY HISTORY OF CLOUD COUNTY
BY H.E. SMITH
Serving the Writ
The small dapper figure of Squire Butterfield was seated in his office one cold winter morning and the Squire was vainly trying to comprehend a pile of law books. These books had been left by opposing attorneys in some case tried before him, and from the cases therein cited he was expected to make up his decision. Had it been any other question– geography, astronomy, mechanics or what-not the Squire would have settled it at once. He had the most thorough confidence in the ability of Squire Butterfield to settle anything, but now he was perplexed. The more he studied, the more he became convinced that the plaintiff, had all the law on his side; and so had the defendant; and that both sides had amply proved their case. In this bewildering state of mind he concluded to take a sort of middle course, at once satisfactory to himself if to no one else, and he had just written upon his docket, "Case dismissed for want of jurisdiction," when the tall, somber figure of Mr. Grimp appeared in the doorway.
Now Mr. Grimp was an awfully solemn man. Arrayed in the blackest of broad-cloths, the stiffest of neckties, the whitest of shirt fronts and standing collars, with features cold austere, and severely serious, Mr. Grimp somehow ever suggested unpleasant thoughts of funerals, grave clothes and coffins. He was a very religious man, too-very. In prayer meeting, class meeting, and on other occasions, his monotonous, sepulchral, metallic voice was frequently heard speaking of the "shortness of life," the "certainty of death," and about "becoming food for the worms," and such other cheerful subjects. Cold and passionless himself, he had no mercy for the weakness or frailty of his fellow, exacting the most formal religious observance in others and the last penny due him by his debtors. And he was rich.
"I have called, Brother Butterfield," began Mr. Grimp in slow measured tones—"I have called to see you about a little matter that has  been on my mind for some time; a matter I hesitated bringing before the courts, as I think the Scriptural rule should be generally followed about "going to law before the unjust," and– "
"Humph!" And the Squire straightened himself on his chair and ran his hand through his thin locks until each individual hair stood out a bristling protest. "I reckon I ain't a bit more unjust than any on'em. If you're hintin' that way, afore some spiritooal court, and done with it?"
Judy Lambert
Register of Deeds
(continued)



















































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