4
[Editor’s note: The following is the first in a two-part series on Ottawans — both former welders — struggling to survive while battling chronic obstructive pulmonary disease or COPD.] By DOUG CARDER Herald Staff Writer Don Hobbs was maneuvering his wheelchair among the rows of veg- etables in his garden on a recent Friday afternoon in late April. “The next thing I knew I woke up in the hospital,” Hobbs said. “I thought it was Saturday morning, but the nurse said, ‘Welcome to Tuesday.’” Hobbs, who lives in a large yel- low house on the northeast cor- ner of East 13th and South Cedar streets, said he was fortunate a passerby saw him sprawled un- conscious in the garden after he toppled from his wheelchair. “I ran out of oxygen, and I blacked out,” Hobbs said. “A per- son saw me lying in the garden and called 911, and that’s how I ended up in Ransom Memorial.” DETERIORATING CONDITION Hobbs, 50, would spend six days at Ransom Memorial Hospital, 1301 S. Main St., Ottawa. The spell marked the latest episode in a history of health problems that have spiraled down- ward since the former welder was diagnosed with chronic obstructive pulmonary disease. Also known as COPD, the condition is a serious lung disease that, over time, makes it increasingly difficult to breathe. “I was diagnosed with COPD in 2005,” Hobbs said. “At that time, all I needed was some oxygen at night. Now I’m on constant oxygen and take four breathing treatments a day.” Hobbs’ lung capacity has steadi- ly deteriorated over the past seven years from the disease, which has no cure. HOME DELIVERY: (785) 242-4700 Community News. Community Connections. Photos by Doug Carder/The Ottawa Herald Don Hobbs pauses Wednesday morning at the southern edge of his backyard garden at 1247 S. Cedar St., Ottawa. Hobbs, who suffers from chronic obstructive pulmonary disease of the lungs, said he would like to turn his space into a community garden. TV personality from ‘Swamp People’ planning nearby visit. See Page 7. ‘GATOR QUEEN’ Area athletes preparing for trip to state meet. See Page 8. FLYING HIGH Thursday May 24, 2012 Ottawa, Kansas 75 cents Volume 143, No. 104 12 Pages Herald Ottawa The THURSDAY EDITION A green bean plant — one of more than a dozen types of vegetables that can be found in Don Hobbs’ backyard garden — grows Wednesday morning. Hobbs is looking for gardeners who want to share his space. AILING MAN OFFERS GARDEN SPACE See GARDEN, Page 12 GROWING CONCERN By CRYSTAL HERBER Herald Staff Writer Shari Perry’s fate as Franklin County clerk will be up to voters, not the state’s top prosecutor. Kansas Attorney Gen- eral Derek Schmidt’s office has chosen not to pursue removing Perry from of- fice, according to a letter sent to attorney Kevin Case last week. The Kansas City, Mo., attorney, who has been retained to represent Franklin County on se- lect matters, presented the state office’s decision at Wednesday morning’s Franklin County Board of Commissioners meeting. Assistant Attorney Gener- al M.J. Willoughby led the investigation into Perry’s actions, which took almost six months, Case said. Removing Perry from of- fice — an action the county board does not have the au- thority to attempt or enforce — would be considered an extreme measure by the attorney general’s office, Case told the board. The office’s investigation was determined by Case to be “thoughtful” and “not a cur- sory investigation,” he said. “The attorney general has concluded that if the allegations that were pre- sented to the attorney gen- eral’s office were true, they were indeed disturbing,” Case said. “However, in this circumstance, the attorney general has concluded that the extreme remedies are not appropriate in the form of ouster or recall.” Case was retained in September 2011 by the countycom- missioners in regard to a confiden- tial human resources matter. The let- ter from the attorney gen- eral, received through an open records request, sum- marizes the allegations against Perry that prompt- ed the investigation. “The conduct alleged to have been engaged in by Ms. Perry consisted of ac- tions toward three county employees/appointees that could be considered inap- propriate or harassing in nature,” the letter states. The conduct reportedly occurred primarily be- tween August and October 2011. Dated May 21, 2012, the letter did not include the names of the employ- ees who reportedly were harassed. Upon the December completion of Case’s inves- tigation — in which many of the undisclosed allega- tions were found to be true, he said — Case was autho- rized by the board to make a referral to the attorney general’s office. “Our question to the at- AG declines action on county clerk DEREK SCHMIDT’S OFFICE Letter: Ouster, recall not warranted after investigation involving Shari Perry Perry By The Herald Staff GARNETT — It’s a day set aside to remember those who have made the ultimate sacrifice for their country. That service and self- lessness is what Kansas Gov. Sam Brownback plans to honor this Memorial Day when he visits Garnett. Brownback is set to pay tribute to fallen service members 10 a.m. Monday at the Garnett Cemetery, 27554 Northeast Neosho Road, with members of the American Legion Post No. 48 and Veterans of Foreign Wars Post No. 6397. The Garnett Cemetery is located northeast of Gar- nett, east of Garnett Lake off Northeast Neosho Road. The event is free and open to the public. Brownback, a Parker na- tive, was born at Anderson County Hospital in Gar- nett. Gov. Brownback to join in Memorial Day observance in Garnett MONDAY EVENT See PERRY, Page 11

04 Series COPD

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[Editor’snote:Thefollowingisthefirstinatwo-partseriesonOttawans—bothformerwelders—strugglingtosurvivewhilebattlingchronicobstructivepulmonarydiseaseorCOPD.]

By DOUG CARDERHerald Staff Writer

DonHobbswasmaneuveringhiswheelchairamongtherowsofveg-etablesinhisgardenonarecentFridayafternooninlateApril. “ThenextthingIknewIwokeupinthehospital,”Hobbssaid.“IthoughtitwasSaturdaymorning,butthenursesaid,‘WelcometoTuesday.’” Hobbs,wholivesinalargeyel-lowhouseonthenortheastcor-nerofEast13thandSouthCedarstreets,saidhewasfortunateapasserbysawhimsprawledun-consciousinthegardenafterhetoppledfromhiswheelchair. “Iranoutofoxygen,andIblackedout,”Hobbssaid.“Aper-sonsawmelyinginthegardenandcalled911,andthat’showIendedupinRansomMemorial.”

Deteriorating conDition Hobbs,50,wouldspendsixdaysatRansomMemorialHospital,1301S.MainSt.,Ottawa. Thespellmarkedthelatest

episodeinahistoryofhealthproblemsthathavespiraleddown-wardsincetheformerwelderwasdiagnosedwithchronicobstructivepulmonarydisease.AlsoknownasCOPD,theconditionisaseriouslungdiseasethat,overtime,makesitincreasinglydifficulttobreathe. “IwasdiagnosedwithCOPDin2005,”Hobbssaid.“Atthattime,all

Ineededwassomeoxygenatnight.NowI’monconstantoxygenandtakefourbreathingtreatmentsaday.” Hobbs’lungcapacityhassteadi-lydeterioratedoverthepastsevenyearsfromthedisease,whichhasnocure.

HOME DELIVERY: (785) 242-4700 Community News.Community Connections.

Photos by Doug Carder/The Ottawa Herald

Don Hobbs pauses Wednesday morning at the southern edge of his backyard garden at 1247 S. Cedar St., Ottawa. Hobbs, who suffers from chronic obstructive pulmonary disease of the lungs, said he would like to turn his space into a community garden.

TV personality from ‘Swamp People’

planning nearby visit. See Page 7.

‘gator queen’Area athletes

preparing for trip to state meet.

See Page 8.

FLYing HigH

ThursdayMay 24, 2012

Ottawa, Kansas

75 cents Volume 143, No. 104

12 PagesHeraldOttawaThe

tHurSDaY eDition

A green bean plant — one of more than a dozen types of vegetables that can be found in Don Hobbs’ backyard garden — grows Wednesday morning. Hobbs is looking for gardeners who want to share his space.

AILINg MAN OffERs gARDEN spACE

See GARDEN, Page 12

gROwINg CONCERN

By CRYSTAL HERBER Herald Staff Writer

Shari Perry’s fate asFranklinCountyclerkwillbe up to voters, not thestate’stopprosecutor. Kansas Attorney Gen-eralDerekSchmidt’sofficehas chosen not to pursueremoving Perry from of-fice, according to a lettersenttoattorneyKevinCaselastweek. The Kansas City, Mo.,attorney, who has beenretained to representFranklin County on se-lect matters, presentedthe state office’s decisionat Wednesday morning’sFranklin County Board ofCommissioners meeting.Assistant Attorney Gener-al M.J. Willoughby led theinvestigation into Perry’sactions,which tookalmostsixmonths,Casesaid. RemovingPerry fromof-fice—anactionthecountyboarddoesnothavetheau-thoritytoattemptorenforce— would be considered anextreme measure by theattorney general’s office,Case told the board. Theoffice’s investigation wasdetermined by Case to be“thoughtful”and“notacur-soryinvestigation,”hesaid. “The attorney generalhas concluded that if theallegations that were pre-sentedtotheattorneygen-eral’sofficeweretrue,theywere indeed disturbing,”Casesaid.“However,inthiscircumstance,theattorneygeneralhasconcludedthat

the extreme remedies arenotappropriateintheformofousterorrecall.” Casewasretained inSeptember2011 by thecountycom-missionersinregardtoa confiden-tial humanresources matter. The let-ter from the attorney gen-eral, received through anopenrecordsrequest,sum-marizes the allegationsagainstPerrythatprompt-edtheinvestigation. “Theconductallegedtohave been engaged in byMs. Perry consisted of ac-tions toward three countyemployees/appointees thatcould be considered inap-propriate or harassing innature,”theletterstates. The conduct reportedlyoccurred primarily be-tweenAugustandOctober2011. Dated May 21, 2012,the letter did not includethe names of the employ-ees who reportedly wereharassed. Upon the DecembercompletionofCase’sinves-tigation — in which manyof the undisclosed allega-tionswerefoundtobetrue,hesaid—Casewasautho-rizedbytheboardtomakea referral to the attorneygeneral’soffice. “Our question to the at-

AG declines action on county clerk

DereK ScHMiDt’S oFFice

Letter: Ouster, recall not warranted after investigation involving Shari Perry

Perry

By The Herald Staff

GARNETT — It’s a dayset aside to rememberthose who have made theultimatesacrificefortheircountry. That service and self-lessness is what KansasGov.SamBrownbackplanstohonorthisMemorialDaywhenhevisitsGarnett. Brownback is set topaytribute to fallen servicemembers 10 a.m. Mondayat the Garnett Cemetery,

27554 Northeast NeoshoRoad,withmembersoftheAmerican Legion Post No.48andVeteransofForeignWarsPostNo.6397. TheGarnettCemeteryislocated northeast of Gar-nett, east of Garnett LakeoffNortheastNeoshoRoad.Theeventisfreeandopentothepublic. Brownback,aParkerna-tive,wasbornatAndersonCounty Hospital in Gar-nett.

Gov. Brownback to join in Memorial Day observance in Garnett

MonDaY eVent

See PERRY, Page 11

Page 12 The Ottawa Herald Thursday, May 24, 2012

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He’s not alone in his fight. COPD is the fourth-leading cause of death in the United States, claim-ing about 120,000 lives each year, according to researchers at the Univer-sity of Nebraska Medical Center, Omaha, who also estimated COPD affects between 15 million and 30 million people in the U.S. The typical cause of COPD is chronic tobacco smoking. But workers, like Hobbs, who ingest toxic fumes on the job for decades, also can develop COPD symptoms. “I’ve only got about 15-percent lung capac-ity now,” Hobbs said Wednesday as he pushed the joystick on his motor-ized wheelchair and crept along the southern edge of his large garden plot in the spacious yard behind his home.

Space to Share Gardening is what keeps Hobbs going, and he wants to share the joy of garden-ing with the rest of the community, he said. “I was glad to see [East Central Kansas Economic Opportunity Corporation] has started a community garden on the south side of town,” Hobbs said. “I think that’s terrific. I’d like to offer space in my garden, too. I’ll share my vegetables with anyone who is willing to help in the garden. Or, I have enough space that they can plant their own vegetables if they would prefer to have their own space. I just ask that if they want to start their own plot, they bring whatever vegetables they want and canning jars, because those are hard to come by.” Hobbs, a 1980 graduate of Ottawa High School,

moved back to the home where he was raised in 2006 to take care of his grandfather, Maynard Reinecke, who died in 2007. “I just live here by myself now,” Hobbs said. “My grandparents [May-nard and Sally Reinecke] had a huge garden where the Walmart parking lot is now [on South Princeton Street]. They taught me how to garden when I was just a little boy. It’s kind of a lost art now, and I’d like to share my gardening knowledge with others.” The Ottawa native’s gar-den is brimming with red, yellow, white and striped tomatoes, sweet corn, wa-termelon, green peppers, jalapeños, green beans, dill, basil, eggplant, cauliflower, broccoli, two kinds of beets, four kinds of squash and other vegetables. “I can a lot of my vegeta-bles, and that’s what I sur-vive on during the winter. You can dip squash in hot candle wax, and it will stay good for months,” Hobbs said. “I applied for food stamps, but they would only give me $14 a month. Medi-care, because of my dis-ability, pays for my oxygen and breathing treatments, except for the co-pay. But I haven’t been able to get any other assistance.” At age 50, Hobbs said, he doesn’t qualify for as-sistance he could other-wise receive if he was a senior citizen. So Hobbs is making

due with what he has. And what he has is a bounti-ful garden. Hobbs said he gets some gardening help from a neighbor and from his mother and stepfather, Donna and Chuck Patry, who live in Horton. But he said the garden offers plenty of room for anyone who wants to get involved. “If we outgrow this gar-den, I have a side yard and a tiller where we can put in another garden,” he said. The veteran gardener is hopeful for another boun-tiful harvest this year. “Once we start canning, we’ll go right up until it freezes. I had so many vegetables last year that I ended up giving a bunch of them to Hope House,” Hobbs said of the local food pantry at 304 S. Wal-nut St., Ottawa. “I have 56 tomato plants. All I need is a loaf of bread, mayo and some tomatoes. There’s nothing better than a ripe tomato sandwich.”

Won’t give up garden Hobbs, who said he also damaged his back and shoulder during an acci-dent while he was working on the leaking underwater tunnel in Boston’s bay area, said COPD not only has robbed him of his lung capacity but it also has weakened his heart. “I’ve had my share of knocks, but the Lord still

has a reason for me being here,” he said. “Breathing in those welding fumes took a toll on me, but I’m trying to make the most of it.” After moving back to Ottawa from the East Coast, Hobbs couldn’t rest. He had always been busy with his hands, so he remodeled the inside of his boyhood home. But, he said, that project robbed him of what pre-cious strength he had left. “That was the nail in the coffin, so to speak,” Hobbs said, adjusting his straw hat to block the sun. “Now I just work in the garden in the cool of the morning and the cool of the evening. There’s always something to do in the garden.” Local residents, from youths to adults, have stopped to talk with Hobbs about his garden, he said. “I’ve had some kids go home and ask their dads to scratch out a space in their yards for a garden,” Hobbs said. “I’d like to see more people get involved in gar-dening. Once you start, you won’t stop. It gets in your blood.” Persons interested in helping or sharing space in Hobbs’ garden usually can find him out among his vegetables in the early morning or early evening, he said. “I had a social worker who has talked with me about moving into an assisted living facility in Lawrence, where I could receive better care,” Hobbs said. He gazed at the crisp rows of vegeta-bles. “But that would mean giving up my garden. I’m not willing to do that.”

DougCarderisaHeraldstaffwriter.Emailhimatdcarder@ottawaherald.com

garden: Hoping for big harvest, community sharing(ContinuedfromPage1)

“I can a lot of my vegetables, and that’s what I survive on during the winter. You can dip squash in hot candle wax, and it will stay good for months.”

— Don Hobbs, Ottawa

[Editor’snote:Thefollowingisthesecondinatwo-partseriesonOttawans—bothformerwelders—strugglingtosurvivewhilebat-tlingchronicobstructivepulmonarydiseaseorCOPD.]

By DOUG CARDERHerald Staff Writer

KennyMagessatupwithastartinthemiddleofthenight.Hestruggledtocatchhisbreath. TheOttawanawakenedhislongtimecompanion,EarleneHicks,andtheyrushedtoRansomMemorialHospital,1301S.MainSt.,Ottawa,onaFridaynightinlateApril.Doctorsandnursesfearedtheworst. Mageswassufferingfromchronicobstructivepulmonarydisease,commonlyknownasCOPD,whichhadrobbedhimofallbutabout20percentofhislungcapac-itysincehewasdiagnosedwiththeincurablediseasesevenyearsago.Magessaidhefeared,thistime,hehaddrawnhislastbreath. AprieststoodatMages’bedsideandreadtheOttawamanhislast

ritesinthesamehospitalwherehewasborn66yearsago.

‘Forced me into retirement’ Mages’ordealbeganin2005whilecarryinga100-poundpipeonhisshoulderatajobsite.The44-yearveteranofthePlumbersLocalUnionNo.8ofKansasCity,Mo.,hadperformedthetaskhun-dredsoftimesbeforeinhiscapac-ityasaworkingforeman,plumberandwelderwiththeunion. “Iwascarryingthepipeandsomethinghappened.Iranoutofbreath,andmylegsfeltweak,”Magessaid.“IwasdiagnosedwithCOPD.Andthatdisabilityforcedmeintoretirement.” COPDisthefourth-leadingcauseofdeathintheUnitedStates,claimingabout120,000liveseachyear,accordingtoresearchersattheUniversityofNebraskaMedicalCenter,Omaha.

HOME DELIVERY: (785) 242-4700 Community News.Community Connections.

Photos by Matt Bristow/The Ottawa Herald

Kenneth Mages, 66, Ottawa, touches his knee while talking Wednesday about the additional health problems he has acquired as a result of chronic obstructive pulmonary disease, commonly known as COPD, at Ottawa Retirement Village Manor, 1100 W. 15th St., Ottawa. Mages had surgery on his legs to help correct peripheral artery disease (PAD) brought on by the COPD. Although Mages now uses a cane to help him walk, he said he hopes his condition will improve enough to no longer need it.

I-35 wreck sends sleeping motorist to area hospital.

See Page 7.

roLLoVerOttawa baseball

squad boards bus for Salina.

See Page 8.

StAte-BoUnd

FridayMay 25, 2012

Ottawa, Kansas

75 cents Volume 143, No. 105

12 PagesHeraldOttawaThe

FridAY edition

Photo by Matt Bristow/ The Ottawa Herald

A firefighter with the Ot-tawa Fire Department moves a hose into po-sition to fight a house fire Thursday morning at 604 S. Cedar St., Ottawa. The fire, fu-eled by high winds, burned the structure to the ground. The house was vacant after a pre-vious fire damaged it less than a year ago on June 19, 2011.

Kenneth Mages talks Wednesday about his battle with several illnesses including chronic obstructive pulmonary disease, commonly known as COPD.

By The Herald Staff

PRINCETON—Hetriedto make an unauthorizedwithdrawal, law enforce-ment officials said Thurs-day, and now they want todeposithiminjail. Jason Michael Smith iswantedinconnectionwiththeSundaytheftofabankATM. Smith, 33, is describedas a white man, 5-foot-9,with brown hair and eyes,according to a FranklinCounty Sheriff’s Office re-lease Thursday. Smith iswanted for felony theft,felony criminal damage toproperty,burglaryofave-hicle and felony flee andelude.

Theearlymorningheist,whichended inawreckedvehicle, left Princeton’sPatriotsBank,1508U.S.59,withnooutsideATM. The sheriff’s office re-sponded to a bank alarmat1:22a.m.tofindtheATMhadbeenremovedandwasbeing pushed by a pickupwestonJohnBrownRoad,according to a sheriff’s of-fice release. The vehiclethen fled from authoritiesandeventuallywreckedinWilliamsburg.Thesuspectfled from the vehicle, andauthoritieswereunable tolocatethesuspect. The ATM and all themoney was recovered, thereleasestated.

ATM theft suspect ID’d

PAtriotS BAnK

By DOUG CARDERHerald Staff Writer

Warren and Dianna Winfrey were awak-enedbyaloudknockat5a.m.Thursday. TheretiredcoupleweresurprisedtoseeOttawafirefightersstandingontheirstoop. TheWinfreyssaidtheydidn’trealizeafirewasragingabout25feetfromtheirbedroomwindowat610S.CedarSt.,Ottawa. The couple received another surprisewhentheypeekedaroundthecornerandsaw

theheatwassointenseithadmeltedthesid-ingonthenorthsideoftheirrentalhome.Thesidinghaddrippedoffthewoodenstructurelikeamarshmallowcookingoveracampfire. “The firefighters told us we had to getout,andthatwasgoodenoughforus,”War-renWinfreysaid.“Mywife’sadiabetic,sowestayedinsidejustlongenoughtograbherin-sulinandprescriptionsandleft.” As the Winfreys scurried out the door intheirnightclothes,Ottawafirefighterswerescramblinginthepredawntokeepthewind-whippedfireinchecknextdoorat604S.Ce-darSt.Theheatfromtheblazecouldbefeltmorethanhalfablockaway.

Fire forces neighbors from homeeArLY morninG BLAZe

Burned house vacant since previous fire in June 2011

See FIRE, Page 6

By CRYSTAL HERBER Herald Staff

Honesty, passion and agoodworkethicaretheper-sonal traits Rick Crouchersaidwillhelphimwintherace for Franklin Countysheriff. Crouch-er, a life-long Ot-tawan,filedfor sheriffThursday.C r o u c h e ris thethirdcandidateto file forthe office after Rick GeistandincumbentJeffCurry. “I’m one of those guyswho’s up front,” Crouchersaid Thursday. “I’m notgoing to tell you what youwanttohear.WhatItellyouisgoingtobethetruth.” Rather than pay the fil-

ing fee, Croucher chose tofile by petition. Crouchergathered more than 260signaturestoputhisnameontheballot,ataskhesaidwaswellworthit. “Ibelieveit’salotmorepersonable togoout thereandmeetpeople,thesigna-tureroute,”Croucher,whoran for sheriff eight yearsago,said. Beingapproachableandapeopleperson,Crouchersaid, is important to him—before,duringandafteracampaign.That’showhewill learn what people inthecountywanttoseefromthesheriff’soffice,hesaid. Oneareaofimprovementneededinthesheriff’soffice,Crouchersaid,involvesrela-tionswith theother lawen-forcementagenciesintown.

Former police officer joins sheriff’s race

ricK croUcher

Croucher

See CROUCHER, Page 11

OttawaN battLEs baCk aFtER DIagNOsIs

CHRONIC CONDItION

See MAGES, Page 11

Page 11The Ottawa HeraldFriday, May 25, 2012

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Legal Notices(First Published May 11, 2012)(Last Published May 25, 2012)

IN THE DISTRICT COURT OF FRANKLIN COUNTY, KANSASCIVIL DEPARTMENT

Wells Fargo Bank, N.A..as Trustee for the Certificateholders Case No.  10CV294of Bank of America Alternative Loan Trust2005-8 Mortgage Pass-Through Certificates, Court Number: 3Series 2005-8 Plaintiff, Pursuant to K.S.A. Chapter 60 vs. Pamela A. Good, et al. Defendants.

Notice Of Sale Under and by virtue of an Order of Sale issued to me by the Clerk of the DistrictCourt of Franklin County, Kansas, the undersigned Sheriff of Franklin County, Kan-sas, will offer for sale at public auction and sell to the highest bidder for cash inhand, at the Front Door of the Courthouse at Ottawa, Franklin County, Kansas, onJune 7, 2012, at 10:00 AM, the following real estate:

Lots 14 and 16, in Block 4, in University Addition to the City of Ot-tawa, Franklin County, Kansas, according to the recorded platthereof, commonly known as 914 South Hickory, Ottawa, KS 66067 (the Property)

to satisfy the judgment in the above-entitled case.  The sale is to be made withoutappraisement and subject to the redemption period as provided by law, and furthersubject to the approval of the Court.  For more information, visit

Jeffry Curry, Sheriff            Franklin County, Kansas

Prepared By:South & Associates, P.C.Kristen G. Stroehmann (KS # 10551)6363 College Blvd., Suite 100Overland Park, KS 66211(913)663-7600(913)663-7899 (Fax)Attorneys For Plaintiff(123276)

Legal Notices(First Published May 18, 2012)(Last Published June 1, 2012)

IN THE DISTRICT COURT OF FRANKLIN COUNTY, KANSASCIVIL DEPARTMENT

 Bank of America, N.A., )successor by merger to ) Case No.  11CV282BAC Home Loans Servicing, )LP fka Countrywide Home Loans Servicing, LP ) Court Number:Plaintiff, )vs. ) Pursuant to K.S.A. Chapter 60Meghan K. Beach and Jason R. Beach, et al. )Defendants. )

Notice Of Sale Under and by virtue of an Order of Sale issued to me by the Clerk of the DistrictCourt of Franklin County, Kansas, the undersigned Sheriff of Franklin County, Kan-sas, will offer for sale at public auction and sell to the highest bidder for cash inhand, at the Front Door of the Courthouse at Ottawa, Franklin County, Kansas, onJune 14, 2012, at 10:00 AM, the following real estate:LOT 1, MIDDLE CREEK SUBDIVISION, A SUBDIVISION IN THE N. W. 1/4 OFSEC. 36, TWP 18 S., RNG. 19 E. OF THE 6TH. PM., IN FRANKLIN COUNTY,KANSAS, ACCORDING TO THE RECORDED PLAT, THEREOF, commonly knownas 885 Missouri Road, Richmond, KS  66080 (the Property)to satisfy the judgment in the above-entitled case.  The sale is to be made withoutappraisement and subject to the redemption period as provided by law, and furthersubject to the approval of the Court.  For more information, visit

Jeffry Curry, Sheriff                Franklin County, Kansas

Prepared By:South & Associates, P.C.Brian R. Hazel (KS # 21804)6363 College Blvd., Suite 100Overland Park, KS 66211(913)663-7600(913)663-7899 (Fax)Attorneys For Plaintiff

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Legal Notices(Published May 25, 2012)

TO: Carla NicholsThe following property has weeds or grasses which isin violation of Ordinance No. 2008-3 of the City ofRichmond:319 NORTH KALLOCK STREETin the City of Richmond, Franklin County, Kansas.Ordinance No. 2008-3 of the City of Richmond, prohib-its any person to maintain or permit any weeds orgrasses which may create a fire hazard; harborage ofrats, mice and similar vermin; or excessive vegetationwhich may have a blighting influence on the neighbor-hood. Weeds are defined as being grown in excess of12 inches, or the presence of any or common “noxiousweeds”, such as poison oak, Johnson grass, or muskthistle.Owners or persons in charge are required to cut theweeds, grass or other vegetation within ten (10) daysfrom the date of this publication and no later than June4, 2012. If they do not, the City will contract out thecutting of the weeds. The property owner will becharged an administrative fee of $85.00, cost of anypublications, plus the actual cost of the cutting.Please contact the Codes Enforcement Officer byphone at (785) 835-6425 if there are any questionsabout this ordinance. If a hearing is needed before theCity Council, please contact the City Clerk within five(5) days of the publication of this notice.Marla GadelmanCity Clerk

Legal Notices(First Published May 25, 2012)(Last Published June 2, 2012)

The City of Pomona is accepting bids for the removaland disposal of an abandoned single-wide trailer at205 1/2 Taylor. The job includes the removal and dis-posal of said trailer, disconnection of utilities, and cap-ping of sewer lines. The bidders must be able to sup-ply their own equipment, provide verification of certifi-cation and liability insurance. Bids will be acceptedfrom the time of this publication until 5:00 PM June 5,2012. The bids will be opened at the June 5, 2012Regular Council Meeting.  If interested please submita sealed bid to PO Box 67 Pomona, KS 66076 or Po-mona City Hall 219 Jefferson Pomona, KS 66076.

The Ottawa Herald Classifieds

PUBLICNOTICES

Maintaining a good rapport with fel-lowdepartmentsthatpotentiallycouldbebackingup thesheriff’soffice inacrisissituationisimportant,hesaid. “All three agencies have got to workhand-in-hand, and that’s not just high-way patrol and police department here.That’s the neighboring agencies aroundus,”Crouchersaid.“Thathastobestrong.That’sjustimperative.” IfCroucherweretowintheelection,hesaid,hewouldliketoworkoncuttingthesheriff’soffice’sbudgetandspendingthetaxpayers’moneymoreefficiently. Croucherspent10yearswiththeOtta-waPoliceDepartment,partofthattimeasapatrolsupervisor.HealsohasworkedintheOsageCountySheriff’sOfficeandtheWellsvillePoliceDepartment.Hisyearsofexperience and passion for law enforce-

ment,hesaid,makehimstandoutintherace. “I think the thing that puts me abovethe other guys is my past experience inmanagementandleadership,”hesaid. Facingandincumbentsheriffanda30-yearveteranoftheOttawaPoliceDepart-ment,Crouchersaidhehopestheworkheputs in during the campaign will pay offwhentheprimaryarrivesinAugust. “I want this. The effort that I put intothis will be so far above and beyond theother two candidates,” Croucher said.“Therewillbenocomparison.Butnobodyknows what will happen until the day oftheelection.” Geist,CurryandCroucherfiledontheRepublican ticket. No one has filed as aDemocrat. ThefilingdeadlineisnoonJune1.TheprimaryelectionisplannedforAug.7withthegeneralelectionsetforNov.6.

ResearchersalsoestimatedCOPDaffectsbetween15millionand30millionpeopleintheU.S.Figureswerenotimmedi-atelyavail-ableforFranklinCounty,butnationalresearchshowsCOPDcasesareontherise. ThetypicalcauseofCOPDischronictobaccosmoking.Butworkers,likeMages,whoingesttoxicfumesonthejobfordecades,alsocandevelopCOPDsymptoms. “Ibreathedinweldingfumesformorethan40years,alongwithothertoxicfumesatvariousjobsitesinthearea,”Magessaid.“It’snotlikearcweld-ingatanopenconstructionsite.Iwasalwaysweldinginaconfinedspace,justafewinchesfrommyface.Thefumeswouldgetupundermymaskandgettrappedbecausetherewasnoventilation.” Thewiry-builtMagessaidhehadn’tplannedtoretireforseveralmoreyears. But,asthemonthspassedandhislungcapac-ityshriveled,Magessaid,earlyretirementwastheleastofhistroubles.

‘Just one more obstacle to overcome’ Inspring2011,theOt-tawandevelopedperipher-alarterialdiseaseinbothhislegs,wherehisveinswerestarvedforoxygen—aby-productofCOPD,

hesaid. Thecloggedarteriesinhislegsledtosurgicalprocedurestoputabypassarteryinhisleftlegandeventuallyledtoa14-hourproceduretoputtwostintsinhisleftlegandoneinhisrightlegtoopenupthebloodflow,hesaid. “Afterthatprocedure,anultrasoundshowedIhad95-percentcirculationinbothlegs,whichwasabigimprovement,”Mages,whonowwalkswithaaidofacane,said. InOctober,Mages’de-terioratinghealthforcedhimtoleavehis40-acrefarmnearCentropolisinnorthernFranklinCountyandmovetoOttawa. “Ihad20acresofsoy-beansandfiveacresofhayandsometimberandthehouse,”Magessaid.“Ihadlivedtherefor26years,butIwasbymyselfmostofthetime,anditgottothepointwhereIcouldn’ttakecareofitanymore.” ButMages’troubleswerenotover.Arecentcolonoscopyrevealedatumor.MageshadStage3colorectalcancer. “Itwasprettyadvanced.AtStage5,you’redead.Itwasjustonemoreobstacletoovercome,”Magessaid.“Iwasdeterminedtobeatit.” MagesinAprilwrappedupabatteryof23radiationandchemotherapytreat-ments,spreadover4-1/2weeks. “IreceivedassistancefromJoannCookattheFranklinCountyCancerFoundation,”hesaid.“Shegavemegascardsforthetripstogetthetreatments[atOlatheMedicalCenterinOlathe]andEnsuretodrinktokeepmystrengthup.” ButthetreatmentstookatollonMages’body,whichwasalreadyweak-enedbyCOPD. “Igraduallywentdown-

hillanddownhill,”Magessaid.“Ihadnoappetite.Mystomachswelleduplikepeoplegetwhentheyarereallymalnourished.” Friendsandrestau-rateursSamandMariaPacheco,ofMaria’sMexi-can,314S.MainSt.,Ot-tawa,preparedsomefoodforMages,whichhesaidhelpedforatime. “TheymadesomesmallburritosandsomeofthoserefriedbeansIlike,”Magessaid.“Iwasverygratefultothem.” ButonApril27,shortofbreathandenroutetoRansomMemorialHospi-tal,Magessaidhefearedtimehadrunout.

‘It really shook me up’ AfterthepriestfinishedreadingMageshislastrites,thewearymansaidhedriftedofftosleep. “Ihadthecraziestdreamaboutthedevil,”Magesrecalled.“Idreamedthedevilopenedthedoorandlookedatmeandsaid,‘I’mnotreadyforyou.You’regoingtohavetoclimboutofhere,andI’mgoingtogreasetherungs.’Andthenheclosedthedoor.Itreallyshookmeup.” Magesbegantorecover,andhewastransferredMay14toOttawaRetire-mentVillageManor,1100W.15thSt.,Ottawa,tofin-ishhisconvalescence. TheOttawansaidthenear-deathexperiencemadehimtakestockofalltheblessingshehadinhislife,aswellasmadehimthankfultoliveinOttawa. Magessaidhe’dgottentoknowmanyofthestaffmembersatthemanoronafirst-namebasisthepastcoupleofweeks. “Michelle,Dee,Jeremy,

Tonya,Lannie,Michael,Kyla,Rebecca,Kay...therearesomanypeoplewhohavetakengreatcareofmeatORVandatRansomMemorial.IwishIcouldthankthemall,”Magessaid. Magessaidtheexperi-encealsomadehimawareofthegreatbusinessesinOttawa. Whenhethoughthewasdyinginthehospital,Magessaidheneededtotakecareofsomebankingbusiness,andKayBachofKansasStateBankandMargieHinderliterofPeoplesBankandtheirteamsbroughtthepaper-worktothehospitalforhimtosign. “Ijustcouldn’tbelievetheywouldbringthepaperworktothehospi-tal,”hesaid.“ItmademestopandthinkaboutallthegreatbusinessesinOttawa.MymessagetoOt-tawansisthattheyshouldtakeadvantageofwhatthisgreatcommunityhastooffer—useitorloseit.”

‘Well Worth It’ Magesalsohadames-sageforthosesufferingfromCOPD.

“TheyshouldtakeadvantageoftheaidtheycanreceivefromtheU.S.DepartmentofLabor,”hesaid.“IhavealabordepartmentcardthatIcanusetopaymedicalbillsthathaveanythingtodowithCOPD.” Togetthecard,Mageshadtoapplyforcompen-sationbenefitsunderthedepartment’sEnergyEmployeesOccupationalIllnessCompensationPro-gramActof2000.Baseduponareviewofthecasefilematerials,theU.S.DepartmentofLaborSiteExposureMatricesestab-lishesiftheclaimantwasinfactemployedatasiteduringatimeperiodwhentoxicchemicalsexisted. “Itwasalotofpaper-work,andyouhadtoprovideevidencethatyouhadworkedatjobsiteswheretoxicchemicalswerepresent,”Magessaid.“Butit’sbeenwellworthit,Iguaranteeyou.” Forexample,athree-monthsupplyofbreath-ingtreatmentmedicinesandrescueinhalerscostsabout$2,500,hesaid. Tostarttheprocess,apersoncandownloadclaimformsfromtheU.S.

DepartmentofLabor’swebsite:http://www.dol.gov/regs/compliance/owcp/forms.htm Magessaidthecancertreatmentsappearedtohaveeliminatedthetumor,butdoctorsplantoperformsurgeryinaboutamonthtoremovethesitewherethetumorwaslocated,justtomakesureit’sbeeneradicated. Inthemeantime,Magessaid,he’shopefulhisfamilyphysician,Dr.JohnGollierofOttawa,willclearhimforaspecialtriptoSouthDakota. “EarleneandIplantoleaveJune6togototheDeadwood-Sturgisareaandgetmarried,”Magessaid.“She’sbeenmycom-panionformorethan25years,andwewanttogetmarried.” Magessaidheislook-ingforwardtohistriptotheBlackHillsareaandtoseeingMountRushmore. “Youneverknowhowmuchtimeyouaregoingtohaveleft,”hesaid.“SoItrytoliveeachdaytothefullest.”

DougCarderisaHeraldstaffwriter.Emailhimatdcarder@ottawaherald.com

croucher: More ‘effort’ than others(ContinuedfromPage1)

maGes: Government aid helps pay medical expenses for ailing Ottawa man(ContinuedfromPage1)

Mages