10-11-2022 Answer McIver ForeclosureBank VI, a Division of the Plains State Bank, a ) Kansas banking corporation ) Plaintiff, )
vs. ) Case No. SA-2022-CV-000180
) APRIL L . COSTELLO, individually and as Co- Executer ) of the Estate of Leonard C. McIver; GINGER FRANK, ) Individually and as Co-Executor of the Estate of Leonard )
C. McIver; MIDLAND FUNDING, LLC; )
THE STATE OF KANSAS, Acting by and through the ) Department of Revenue; THE BOARD OF COUNTY ) COMMISSIONERS, SALINE COUNTY, KANSAS, and ) THE CITY OF SALINA, KANSAS, )
Acting by and though Community Development Services, )
) Defendants ) ________________________________________________)
ANSWER
COMES NOW, the City of Salina (“City”), by and through its counsel, Aaron O. Martin
of the law firm Clark, Mize & Linville, Chartered, Salina, Kansas, and for its Answer to
Plaintiff’s Petition to Foreclose Mortgage states, alleges, and answers, as follows
1. City denies each and every allegation of the Petition not specifically admitted
herein.
2. Except as set forth in the following paragraph, City is without knowledge or
information sufficient to form a belief as to the truth of all the allegations contained in the
Petition, and thus denies the same.
3. City holds special assessments for nuisance abatement against the Saline County
real estate that is the subject of these proceedings in the total amount of $1,018.25, which have
been certified by the City to the County Clerk, and are included as part of the lien against the
IN THE DISTRICT COURT
OF SALINE COUNTY, KANSAS
ELECTRONICALLY FILED
2022 Oct 11 PM 3:04
CLERK OF THE SALINE COUNTY DISTRICT COURT
CASE NUMBER: SA-2022-CV-000180
PII COMPLIANT
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subject real estate for unpaid real estate taxes and assessments and shall be paramount in priority
to the mortgage lien(s) that Plaintiff seeks to foreclose herein.
4. City requests that the Court adjudicate the priorities of the various competing
claims against the subject real estate.
5. City reserves the right to assert affirmative defenses, claims, counterclaims,
crossclaims, and any and all other claims, defenses, remedies, and rights as may be revealed
before trial in this matter.
WHEREFORE, City prays that Plaintiff take naught as against City as the result of the
allegations asserted in its Petition; that City be awarded its costs herein; that the Court adjudicate
the priorities of the various competing claims against the subject real estate; and that the Court
grant such other and further relief as the Court deems just, proper, and equitable.
/s/ Aaron O. Martin
Aaron O. Martin, #24170 CLARK, MIZE & LINVILLE, CHARTERED 129 South 8th Street, POB 380 Salina, Kansas 67402-0380
Tel. (785) 823-6325; Fax: (785) 823-1868
aomartin@cml-law.com Attorneys for City of Salina, Kansas
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the 11th day of October 2022, I presented the
above and foregoing Answer to the clerk of the court for filing and uploading to the e-flex electronic court filing system and provided a true and correct copy by United States Mail, postage prepaid, to the following:
April Costello
555 S. Woodlawn Blvd. Wichita, KS 67218 Ginger Frank
555 S. Woodlawn Blvd.
Wichita, KS 67218 Midland Funding, LLC 2900 SW Wanamaker Dr., Suite 204
Topeka, KS 66614
State of Kansas “KDOR” Memorial Hall, 2nd Floor 120 SW 10th Ave.
Topeka, KS 66612
The Board of County Commissioners 300 West Ash St., Suite 215 PO Box 5040
Salina, KS 67402-5040
/s/ Aaron O. Martin Aaron O. Martin, #24170 CLARK, MIZE & LINVILLE, CHARTERED 129 South 8th Street, POB 380 Salina, Kansas 67402-0380
Tel. (785) 823-6325; Fax: (785) 823-1868 aomartin@cml-law.com Attorneys for City of Salina, Kansas