i{ansas ~ommission

on 1ubtcial <!Elualifications

KANSAS JUDICIAL CENTER

301 SW 10TH AVE., ROOM 374
TOPEKA, KANSAS 66612
785-296-2913 judiciaiqual@kscourts.org

COMPLAINT AGAINST A JUDGE.

The Commission only has authority to investigate allegations of judicial misconduct or disability by
persons holding state judicial positions. The Commission has no jurisdiction over and does not
consider complaints against federal judges, lawyers, law enforcement and detention center officers,
district court clerks, and court personnel.
The Commission does not act as an appellate court and cannot review, reverse, or modify a legal
decision made by a judge in a court proceeding. Please review the accompanying brochure which
describes the functions of the Commission. Note in particular the examples of functions which the
Commission cannot perform.

Please Note:

I.

Complaint form must be typed or legibly hand-printed, dated, and signed before it
will be considered. Complaint forms may be submitted by U.S. Mail or scanned
and submitted bye-mail.

PERSON MAKING THE COMPLAINT

bl"\

c, N\. N\.\jo-..=\b~

Full Name

Inmate Number, if applicable

Mailing Address

Telephone Number

City, State Zip Code

~\)(~:\~.c\Q!com~~.toN\

Preferred Method of Communication: __

Esmail address

II.

JUDGE AGAINST WHOM COMPLAINT

U.S.Mail

LE-Mail

IS MADE

c.,~f\\N.~"O
I Q\\~~
County or City

Type of Judge

(check one):

\/flrupreme
Court Justice
__
Court of Appeals Judge
.
District
__
District Magistrate
__
Municipal
__
Pro Tempore
__
Other
_

Page

I1

III. COURT CASE INFORMATION

If the complaint involves a court case, please provide:
-Case

Title:f\fm1,"\\O ~~~

\l~,~\c.. M. f'I\\)tt\\tE.

.Your Relationship to the Case: __

Plaintift7Petitioner
Other

Case Number:

~O\~66G

~efendant!Respondent
_

IV. STATEMENT OF FACTS

In the following section, please provide all specific facts and circumstances which you believe
constitute judicial misconduct or disability. Include names, dates and places which may assist
the Commission in its evaluation and investigation of this complaint.

If additional space is required, attach and number additional pages.

Page

I2

./
V.

ATTACHMENTS

Relevant documents: Please attach any relevant documents which you believe directly support
your claim that the judge has engaged in judicial misconduct or has a disability. Highlight or
otherwise identify those sections that you rely on to support your claim. Do not include
documents which do not directly support your complaint, for example, a copy of your complete
court case.
*Keep a copy of all documents submitted for your records as they become the property of the
Commission and will not be returned. *

In filing this complaint, I understand that:

~

The Commission's

rules provide that aU proceedings

of the Commission,

including complaints filed with the Commission, shall be kept confidential

unless formal proceedings are filed. The confidentiality rule does not apply to
the complainant or the judge against whom a complaint is filed.
~

The Commission may find it necessary to disclose my identity and the existence
of this complaint to the involved judge. By filing this complaint, I expressly
consent to any such disclosure.

VI. SIGNATURE
I declare that to the best of my knowledge and belief, the above information is true, correct and
complete and submitted of my own free will.

Signature

Page

I3

Kansas Judicial Branch - News Releases

21812014

CONTACT INFORMA TION

Kc1J\'S~~"fflJP&emeCourt
301 SW 10th Avenue

Office of Judicial Administration

Telephone: 785.296.2256
Fax: 785.296.7076
Emall: info@kscourts.org
Appellate Clerk's Office
Telephone: 785.296.3229
Fax: 785.296.1028
Email: appellateclerk@kscourts.org

lllL..U.L.U:

Judicial Vacancy in the 9th Judicial District.

01/22/13:

Sedgwick County Judge to Sit With Supreme

01125/13:

Supreme

Court

Court Orders New Trial in Topeka Capital Murder Case

01/31113:

State of Judiciary Released

02/01/13:

Supreme

02/25/13:

9th Judicial District Interviews

03/11/13:

Court of Appeals Judge Swearing-In

03/22113:

Nominees for 9th District Sent to Governor

Court Rules Topeka Helicopter

Purchase, Deposit Void

Postponed
Friday

05/03/13:

Child Support Guidelines Advisory

06/27/13:

Applicants sought for District Magistrate Judge vacancy in Morris County

Committee

Members Sought

06/27/13:

New Officers of Kansas District Judge Assn. Elected

06/28113:

Two Kansas Court Officials to Receive Prestigious

National Awards

06128113: Johnson County Judge Receives Prestigious Award

07110/13:

New Grant will enable Court E-Filing for 65% of State's Caseload

07117113: Applicants

Sought for DMJ Vacancy

07/19/13:

Chief Judge Wheeler Selected for Institute

08/05/13:

Court of Appeals Judge Addresses African American Youth Day

08/06/13:

Kansas Chief Justice Appointed to National Conference

08/08113:

Emporia Judge Named to SentenCing Commission

08/09/13:

Two Kansas Court Officials Receive ABA Awards

Board of Directors

*- ~<1A--------"

08112/13:

Six Apply for 11th Judicial District Vacancy

08/15/13:

New Civics Ed Program Launched

08/15113:

Magistrate Judge Appointed

08115/13:

Four Apply for Republic County District Magistrate Judge

for Morris County

08/23/13:

Supreme

08/23/13:

Two Nominated

Court Sends Topeka Bethany Place Parking Lot Project Back to City Hall

08/28/13:

Republic County District Magistrate Judge Appointed

09/20/13:

Supreme

10/04/13:

Court Budget Advisory

10/28/13:

Kansas Supreme

11/27/13:

Judicial Branch Appoints New Public Information

11/27/13:

Kansas Chief Justice Lawton R. Nuss Attends Conference

for 11th Judicial District Judge Vacancy

Court Appoints Budget Advisory

Council

Council to Hold Organizational

Meeting

Court has special session at Pittsburg State University

Director
of Chief Justices' Board of Directors

Meeting
12/13/13:

Court Budget Advisory

12/30113:

Caleb Stegall to be sworn in as Court of Appeals judge January 3

Council delivers

report to Supreme

Court

See the Archives for new releases dating back tel 1997

FOR IMMEDIATE RELEASE: December

3D, 2013

For more information

contact Usa Taylor
Public Information

Director

785-296-4872

Caleb Stegall to be sworn in as Court of Appeals judge January 3

http://WNN.kscourts.org/Kansas-Courts/General-lnformationlnews-releases-2013.asp

1120

Kansas Judicial Branch - News Releases

2/812014
leveraging

media that the students

tctvtcs currently
Branches;

has several

curriculum

The Judicial Branth;

Persuasive

Writing;

International

using - video games.

units:

Foundations

The Executive

Citizenship

Affairs;

are already

Branch;

and Participation;

Landmark

Library;

Budgeting;

If used together,

instruction

iCivics'

and learning.

can independently

If teachers

is available

Government

Library;

Three
& the Market;

Politics and Public Policy;

Civil Rights; County Solutions;

to approach

the curriculum

in a variety

of

worth of

pick up lesson plans and games here and there, each curriculum

the teacher's

existing

unit

plans.

at the ;Civics website,

McDonald at TMcDonald@mam-firm.com,

and

Each unit has corresponding

lesson plans and games make up more than a semester's

supplement

More information

Influence

units periodically.

lesson plans, web quests and a game that allows teachers

ways.

The Constitution;

Branch;

State and Local Governments;

tctvtcs also develops new curriculum

Media and Influence.

of Government;

The Legislative

http://www.icivics.org/.

You may also contact Ted

and 913-647-0670.

FOR IMMEDIATE RELEASE: August 12, 2013

For more information
contact Ron Keefover
Education-Information
Six Crawford

Officer

County

attorneys

have applied for a judicial

Chief Judge John C. Gariglietti.

District,

Friday was the deadline

which includes the counties

Applicants

include:

Crawford
Tucker

of Cherokee,

David Brake, of Henshall,

County Attorney

and Markham,

Wilbert & Towner,

in Girard;

Parsons;

Pennington

John ~

& Brake in Chanute;

of Mazurek

of

and Labette.

Kurtis Loy, of Loy & Sagehorn,

11th Judicial District

sessions on August 22 in the Pittsburg

names of two or three nominees
11th district judicial

Girard;

Crawford,

by the retirement

in the 11th Judicial

Michael Gayoso, Jr., .

LLc, Pittsburg;

Law Office,

Pittsburg;

David Markham,

of

and Steven Stockard,

of

P.A., Pittsburg.

The seven-member

Sara S. Beezley,

vacancy that was created

to apply for the vacancy

nominating

Girard;

Nominating

Courthouse.

to the governor,
commission

Parsons;

will interview

the applicants

Is responsible

during public

for submitting

the

who will have 30 days in which to make a selection.

includes Justice Lee A. Johnson,

James K. Cook, Parsons;

Richard G. Tucker,

Commission

The commission

and Charles

as the nonvoting

Hon. Oliver K. Lynch, Baxter Springs;

W. Sweeton,

The

chair, and

John W. Lehman,

Baxter Springs.

FOR IMMEDIATE RELEASE: August 9, 2013

For more information
contact Ron Keefover
Education-Information

Officer

Two Kansas court officials Thursday

the American
presented

Bar Assn. Thursday

prestigious

meeting,

were recognized

awards as part of the ABA's annual

in San Francisco.

Receiving

the national

awards were District Magistrate

Judge Mary B. Thrower,

Director

Minneapolis,

of Judicial Education,

Administration

in Topeka.

Judge Thrower

received

and Denise Kilwein,

at the Office of Judicial

the Franklin N. Ffaschner Award,

which is given to a judge who "embodies

personal

character,

judicial

and competence

tihe high ideals,

in performing

duties that were exemplified

by the late Chief

Justice Franklin N. Flaschner of Massachusetts.'

nominated
Supreme

Court for her significant

contributions

the quality

courts with special and limited jurisdiction.

Thrower's

many contributions

Judicial Needs Assessment

weighted

She was

by Chief Justice Lawton R. Nuss of the Kansas

and state levels for improving

history

by

when they were

case load study performed

Judge Mary B. Thrower, Minneapolis,

in

KHweln, Topeka,

Judge

Include serving

Committee

on local

of justice

awards at the annual meeting of the American Bar Ann.

on the

for the only

in the

Thursday,

August 8, 2013, in San Francisco.

152-year

of Kansas.

Ms. Kilwein received

the Judicial Education Award in recognition

of her excellence

as Director

Education for the Kansas Judicial Branch. Court of Appeals Judge Karen Arnold-Burger
her for the award that "although

most states have entire staffs dedicated

done it all. At the same time, she has developed

a relationship

to judicial

she also was able to establish

in-house

training

of Judicial

wrote in nominating

education,

Denise has

with tihe National Judicial College and the

ABA that have resulted in the judges of Kansas receiving the best training available.
loomed,

(left), and Denise

smiled broadly after l't."a:iving prestigious

programs

and train-the-trainer

http://IMMN.kscourts.org/Kansas-Courts/General-lntormation/news-re/eases-2013.asp

As budget cuts
programs."

9120

IN THE DISTRICT COURT OF CRAWFORD COUNTY, KANSAS

FIFTH THIRD BANK
Plaintiff,

,
Case No. 2012LM356P

vs.
ERIC M. MUATHE,
Defendant,
Attorney for Plaintiff: Mark A. Werner KS# 11302

Judge: Kurtis I. loy

It is important

to note that around mid January I had previously filed a motion (and affidavit)

to

disqualify Judge Kurtis Loy because I felt he could not afford me a fair trial given that I had already
disqualified the previous Chief Judge Andrew J. Watcher (his boss) in the same case. This affidavit for
disqualification

* Judge

was denied by Judge Oliver K. Lynch*.

Oliver K. Lynch was in the 7 member committee

that short listed Kurtis Loy's name for selection

by the Governor for the recent judicial vacancy in Crawford County. See Page Two of Exhibit "J".
* I feel that Judge Oliver Lynch should have made another judge decide on my affidavit to disqualify
Kurtis Loy due to possible conflict of interest between the two judges.
Moving on ...
After that on January 24th, 2014 at 2:30 PM CST I went to court for a scheduled pretrial conference after
the previous attorney

had filed a motion to withdraw

as attorney for Plaintiff due to a conflict of

interest.
Plaintiff was represented

by a 'new' attorney - Mark A. Werner - who had just filled a notice of

appearance that morning.

After the hearing I went home and did some digging online ...

THE QUESTION I ASK THIS JUDICIAL COMPLAINT COMMITTEE PRIMARILY RELATING to rule 1.2
Promoting Confidence in the Judiciary, Rule 2.2 Impartiality and Fairness and Rule 2.4 External
Influences on Judicial Conduct is as follows:

What confidence in the judiciary can anyone have when the Judge assigned to their case;
(1) Does not disclose that the opposing attorney is his long time buddy and former business partner,
(2) Had at some point in the past teamed up with the same opposing attorney to defend the Judge's
own father in a law suit that went to the United States District Court for the District of Kansas,
(3) Along with the opposing attorney make campaign contributions

to the same political candidate(s),

(4) Refuses to recuse himself when the above issues are raised in a motion to disqualify himself (not
withstanding

that neither the Judge nor the opposing attorney disclosed the above issues to the

person).
I believe that Judge Kurtis Loy is not promoting

confidence in the judiciary or impartiality

and fairness

and should have recused himself according 2.11(A) "A judge shall disqualify himself or herself in any
proceeding in with the judge's impartiality

might reasonably be questioned ..."

IF the committee does not find anything wrong with the issues raised above then you can stop reading
right here and continue promoting

disgust for the judiciary, bais and unfairness while letting external

influences destroy whatever little faith the people of Kansas might have in the judicial system.

IF you need more information

I have included my 'second' affidavit to disqualify Judge Kurtis Loy and

Judge Kurtis Lev's personal response to this affidavit (where he convenient/ylails

to acknowledge his

father was the defendant who he and opposing attorney Mark A. Werner defended)
.., and somehow I am supposed to believe that he can be fair and impartial. Really???

Btic..- (Y\\V~
By: Eric M. Muathe

KANSAS DISTRICT COURT

Eleventh Judicial District
Crawford County Judicial Center
602 North Locust
Pittsburg, Kansas 66762

Chambers of
KURTIS I. LOY
District Judge
Administrative

(620) 2313570
(620) 2310584 FAX

Assistants

Mary Ann Forsythe

Elaine Bradshaw

Clerk of the Court

Pamela Hicks
(620) 2310380

Court Administrator
Mac Young
(620) 2310310

February 7, 2014
Hon. A. J. WadI er
Chief Judge/
602 N orth-Locust
Pittsburg, KS. 66762

,/
I Re:

Fifth Third Bank v. Eric M. Muathe

Case No: 12LM356P

Dear Judge Wachter:

I am forwarding an Affidavit Mr. Muathe delivered to my office this afternoon. I
have forwarded a copy to the Honorable Oliver Kent Lynch.
Although I do not have a bias or prejudice against Mr. Muathe, I will provide a
response to the statement provided by Mr. Muathe.
1.

Agreed.

2.
Do not agree, as I do not believe I have any conflict through a business
relationship with Mark Werner that ended in November, 1994.
3-4.
Although I am not familiar with the website, Mark Werner was a partner
in the firm of Lay, Tomassi & Werner, P.A. The members of that firm were Kenneth 1.
Lay (K.I. Lay); Kurtis I. Lay, Robert S. Tomassi, Jr., Mark A. Werner, Reina 1. Holtman,
and C. Mark Cole.
5.
Is not accurate. Kenneth I. Loy, was a defendant in the case Mr. Muathe
references, not Kurtis I. Lay.
6.
I did not feel any obligation to disclose a business relationship which has
not existed for almost 20 years. There is no present or recent business or financial
dealing.

7.
present case.

The response to No.7 would have to be gleaned from the pleadings in the

8.
Is not accurate as to Kurtis 1. Loy. Kurtis 1. Loy was not a defendant in
the Deere & Co. lawsuit, although Kurtis 1. Loy was involved in the defense of the
lawsuit in 1994.
9-11.

Not addressed.

12.
On September 16,2010, Kurtis 1. Loy, among many, made a $250.00
contribution to the candidacy of Terry Calloway.
13.
I disagree. I believe under a reasonable person standard there should be
no perception that my ability to carry out judicial responsibilities with integrity,
impartiality and competence is impaired.
14.
I disagree and reference the response above in answer to 13. Under a
reasonable person standard there should be no issue.
15, 16, and 17.Again a reasonable person standard should not prevent me from
hearing Mr. Muathe's case, or any other case in which Mr. Werner is an opposing
attorney.
I
Mr. Muathe had asked that Ibe disqualified before Mark Werner entered his
appearance. The request
Mr. Muathe is very broad in that he is asking in paragraph 9
that Ibe disqualified from all cases now and forever involving allegations of forged,
altered or fraudulent promissory notes or retail installment contracts or Mark A. Werner
as an attorney.

or
I

Istill believe that there is no valid reason to disqualify me from hearing this case.
Because an affidajit has been filed, Iam forwarding for your consideration and
decision.
Yours truly,

tl~W8~--Kurtis 1. Loy
District Judge

KIL:maf
Ene.
ce:

U~;'Oliver Kent Lyneh (w/ene)

~~M.

Muathe

Mark A. Werner

Flt.ED
IN THE DISTRICT COURT OF CRAWFORPfOnwlB

~~

FIFTH THIRD BANK

Plaintiff,

CLERK OF 015T. COUfx

CRAWFORD COUN r '(

BYCase No. 2'ttt2"LM356P

)
vs.

Division

K.S.A.Chapter 61

ERIC M. MUATHE,
Affiant,

SECOND MOTION FOR DISQUALlFI~ATION OF JUDGE DUE TO NEW*

INFORMATION PLUS AFFIDAVIT IN SUPPORT
COMES NOW, the Affiant, Sui Juris, oflawful age, a sovereign conscious free
being states in the following AFFIDAVIT in accordance with K.S.A.20-311d(b ) (c) (5)
the reasons to disqualify Judge Kurtis Loy:
AFFIDAVIT

County: Crawford

)
) SS

State: Kansas

I, Eric Muathe, Affiant herein, declare under the penalty of perjury under the laws of the
United States of America, that Affiant is competent to be a witness and that the facts
contained herein are true, correct, complete, and not misleading to the best of Affiant's first
hand personal knowledge.

Statement of Facts

1. On January 24th, 2014 at 2:30 PM CSTAffiant went to court for a scheduled pretrial
conference.
2. * An obvious conflict of interest between Judge Kurtis Loy and Plaintiffs new attorney
Mark A.Werner was established and this was NO'I'revealed to the Affiant.

3. Judge Kurtis Loy is being unethical because between 1993 and 1995 Mark A.Werner was a
fellow partner with Judge Kurtis Loy at "Loy, Tomassi & Werner, P.A.,Pittsburg, KS".

4. Exhibit "M" is a print out from attorney Mark A. Werner's own website home page - aka his
bio. On top of page three of this print out (Exhibit "M") shows that Mark A.Werner
acknowledges that he was a business partner and colleague of Judge Kurtis Loy.

5. Not only were Judge Kurtis Loy and Plaintiffs attorney Mark A.Werner business partners,
Mark A.Werner was (at least in one incident) Judge Kurtis Loy's own defense attorney as
Mark A.Werner represented Judge Kurtis Loy in Deere & Co. v. Kurtis I. Loy, 872 F. Supp. 867
(D. Kan. 1994) - SEE EXHIBIT"D", Representing Kurtis Loy other than himself were Mark A.

Werner, and Reina J. Holtman from the law firm Loy,Tomassi & Werner, P.A.

6. This is a conflict of interest for Mark A.Werner to even go in front of Judge Loy and both
Mark Werner and Judge Loy know this is a conflict of interest as well. Neither Judge Kurtis
Loy nor Plaintiffs alleged attorney Mark A.Werner disclosed to Affiant their past and/or
present business or personal relationship(s).

7. This case also involves allegations by Affiant of a falsified and forged retail installment
contract and security agreement produced by Plaintiff or Plaintiffs previous Attorney
Pendleton and Sutton LLC.Compare signatures and parties at the bottom of pages one and
two of EXHIBIT"R".

8. Affiant feels he will not get a fair trial given the fact that Judge Kurtis Loy is presiding over
this case which has to do with an alleged fraudulent
agreement

Promissory

note or retail installment

and Kurtis Lois son-in-law (?) - Stan Gavin - stole close to a million dollars as

seen in Deere & Co. v. Loy, 872 F. Supp. 867 (D. Kan. 1994) Stan Gavin, during the course of
If

operating the dealership, executed and caused Deere to accept numerous false and fraudulent
promissory notes and retail installment contracts. These notes and contracts bore forged
signatures, including the forged signature of KI. Loy. The submission of these fraudulent

notes

violated the terms of the dealership agreement and security agreements with Deere." Judge
Kurtis Loy was a defendant

in the above referenced

case.

9. Judge Kurtis Loy should recuse himselffrom

this and for that matter any other case that

has issues of forged, altered or fraudulent

notes or retail installment

promissory

contracts

due to possible conflicts of interest.

10. Affiant does not believe he can get a fair trial in front of ludge Kuris Loy when he himself
was once a Defendant on a case that involved his signature being on falsified retail
installment

contracts and promissory

notes.

11. Affiant does not believe he can get a fair trial in front of a Judge whose brother in law (?)
and who the judge was the guarantor

was found guilty of defrauding

Deer Corporation

close to a million dollars by way of falsified and forged retail installment

promissory

contracts and

note.

12. There is a conflict of interest that arises also from the fact that Judge Kurtis Loyand
Plaintiffs attorney Mark A. Werner both made campaign elections contributions

to the

same political candidate. SEE EXHIBIT "C".

13. Affiant believes that this is a conflict of interest and a violation of Rule
2.11(A) (1)(2) (b) (c) (3). Judge Kurt Loy and Mark Werner both owned LOY,TOMASSI &
WERNER, P.A. and both benefitted

financially. According to Rule 2.11 this violates 2.11(A)

'~ judge shall disqualify himself or herself in any proceeding in with the judge's impartiality

might reasonably be questioned, including but not limited to the following circumstances: (1)
The judge has a personal bias or prejudice concerning a party or a party's lawyer, or personal
knowledge of facts that are in dispute in the proceeding.
(2) The judge knows that the judge, the judge's spouse or domestic partner, or a person within
the third degree or relationship to either of them, or the spouse or domestic partner of such a
person is:
(b) acting as a lawyer in the proceeding;
(3) The judge knows that he or she, individually or as a fiduciary, or the judge's spouse,
domestic partner, parent, or child, or any other member of the judge's family residing in the
judge's household, has an economic interest in the subject matter in controversy or in a party
to the proceeding."
14. The pure simple fact that Mark Werner and Kurt Loy were business partners violates the
following "RULES RELATING TO JUDICIAL CONDUCT" RULE 1.2 Promoting Confidence in
the Judiciary, Rule 2.2(1)(2) Impartiality
Harassment,

and Fairness, Rule 2.3(A)(c)Bias, Prejudice, and

Rule 2.4(B) External Influences on Judicial Conduct, Rule 2.6(A) Ensuring the

Right to Be Heard. Last but not least due to the simple fact that Judge Loy definitely
violated Rule 2.4(B) which says "Ajudge shall not permit family, social, political, financial, or
other interests or relationships to influence the judge's judicial conduct or judgment". Affiant
believes other interests

or relationships

would include close friends and past business

partners.

15. Rule 2.7 Responsibility

to Decide says "Ajudge shall hear and decide matters assigned to the

judge, except when disqualification

is required by Rule 2.11 or other law."

16. Affiant alleges and believes that the judge to whom this action is assigned to cannot AND
HAS ALREADY FAILED TO afford Affiant a fair trial AND DUE PROCESS in this action.

17. The pretrial conference held on January 24th, 2014 at 2:30 PM CST was a violation of
Affiants due process.

How could affiant get a fair trial when the judge's own former

personal lawyer and business partner is the opposing attorney?

The above facts will most definitely raise in an objective mind the issue of a major conflict of
interest.
Further Affiant says not.

Given under my hand this GT\\

rights and without prejudice.

day of t'\2:f\J~y

2014,A.D.with reservation of all my

&ncNVJ~WU
\~\t.-(\~\'NvJ [ltEAffiant

<Itexecuting
2014,A.D.,a man appeared with
the foregoing AFFIDAVITby

I hereby certify that on this ~

day of b.~)[]l
Q
proper identification, to attest and affirm that he is the m
his hand.

I, therefore,

set forth my hand and seal in affirmation thereof of the execution thereof.

NOTARYPUBLIC

My commission

expires on

Date

Q t/ 10 d II
7
T'

..

~
L_._~:.~Y

NOTARY PUBUO State of Kansas

PAUl..4. TEATS

9 yo Y:::S:

Appt.
Expires

WHEREFORE, Affiant respectfully request that the Court grant its Motion for
Disqualification

and recuse itself from proceedings

in this matter.

-:

/'

CERTIFICATE OF SERVICE

I certify that on February 6th, 2014 the foregoing was mailed to the following address:
LAw OFFICE OF MARK

A. WERNER

201 S. BROADWAY STREET, SUITE C

PITTSBURG, KS

66762

I certify that on February 6th, 2014 a copy the foregoing was personally delivered and
dropped off at Judge KURTIS LOY'soffice.
By:~~

~\L~dv~

WITHOUT PREJUDICE
\NITIi ALL RIGHTS RESERVED 1-207(K.S.A. 84-1-207), UCC 1-308 (K.S.A 84-1 ..308)
Eric M. Muathe BSc.; M.s., Sui Juris

Agent In Propria Persona (not "Pro Se" [sicj)

Address; c/o 1410 Bitnet Terrace, Pittsburg, Kcm:-iC1S, 1'66762]

MarkA. Werner

2i6l2014

I Law Office

of Mark A. Werner

I Crawford

County, Kansas

Law Office of Mark A. Werner

Mark A. Werner
Sole Practitioner
Location:
Pittsburg, Kansas
Phone: '
620-206-4082
Fax:
620-232-2994
Email:
E-mail Me
Mark Werner is an attorney licensed to practice law in the State of Kansas, and before the U. S. District Court
for the District of Kansas, as well as the lOt h U. S. Circuit Court of Appeals. Mark graduated from Kansas
State University with a Bachelor of Science degree in 1979, and from the University of Kansas School of Law in
1982 with a Juris Doctor degree. Mark moved to Pittsburg in 1982, where he started his law practice,
specializing in estate planning, business and connnerciallaw, employment law, and insurance defense litigation, as
well as a general civil and criminal practice.
In 1995, Mark joined City National Bank of Pittsburg (now Connnerce Bank) as Vice President and Trust
Officer and served as legal counsel to the Bank, and in 1999 took on the responsibilities of Vice President of
Commercial Lending. In 2004, Mark was named the Pittsburg Market President of Citizens Bank, N. A
Throughout his time in banking, Mark continued his private law practice part-time in the areas of estate planning
and connnerciallaw.
In 2011, Mark returned to the full-time practice of law, opening his own law firm. He practices in the areas of
estate planning, connnerciallaw and litigation, business formation and planning, real estate, and general trial
practice. He also advises clients on business finance matters and local government relations.
In addition to his professional duties, Mark has served as the Mayor of Pittsburg twice, while serving 10 years
on the Pittsburg City Commission, He is a part-time instructor in law-related topics at Pittsburg State University,
and has served on a number of community and philanthropic boards and fundraising efforts. Mark is a graduate
of Leadership Pittsburg and Leadership Kansas. He is also past president of the Crawford County Bar
Association and the Southeast Kansas Bar Association

Areas of Practice

Estate Planning
Business & Connnercial Law
Real Estate Law
Employment Law

http://WMN.marWoiernerlaw.comlAttorney.Mark-A-Werner.shtmi

1/3

MarkA Werner

21612014

I Law Office of MarkA

Werner

I CravJord

County, Kansas

Litigation Percentage
20% of Practice Devoted to Litigation

Bar Admissions
Kansas, 1982
U.S. District Court District of Kansas, 1982
U.S. Court of Appeals lOth Circuit, 1995

Education
University of Kansas School of Law, Lawrence, Kansas
o J.D. - 1982
Kansas State University, Manhattan, Kansas
o B.S. - 1979
o Major: Political Science & Pre-Law

Published Works
Trial Tactics & Verdicts, Journal of Kansas Trial Lawyers Association, VoL 6, No.2,

1982

Classes/Seminars

Accounting Law Instructor, Pittsburg State University, 1991 - 1997

Legal & Social Environment of Business Instructor, Pittsburg State University, 2012 - Present
Identity Theft and the Law", Crawford Co. Bar Association CLE presentation, January 2012.
Planning for the Unexpected" Estate Planning Seminars, Pittsburg State University Human Resource
Services Programs, Summer & Fall 2012.

Honors and Awards

Mayor & City Comnissioner, City of Pittsburg, Kansas, 1995 - 2006
Who's Who in Practicing Attorneys, 1989

Professional Associations

and Memberships

Crawford County Bar Association, President, 1985 - 1986

Crawford County Bar Association, Member, 1982 - Present
Kansas Bar Association, 1982 - Present

Past Employment Positions

Law Office of Mark A. Werner, Attorney/Owner, 2011 - 2012

Citizens Bank, N. A, President, 2004 - 2011
Commerce Bank, N.A., Vice President-, 1999 - 2004
City National Bank, Vice President-, 1995 - 1999

http:/Mvvw.marlllM9rnerlaw.comlAttorneVMar~A-Werner.shtml

2/3

MarkA

2/612014

Werner

I Law Office

of MarkA

Werner

I Crav.ford

--

County, Kansas

~
LOy,TomaSS1&Werner,
. A., AttorneyZPartner, [993 - 1995
White, O'Connor & Werner, P. A., Attorney/Partner, 1983 - 1992
Wheeler & Mitchelson, Chtd, Attorney, 1982 - 1983

Fraternities/So ro rities
Delta Upsilon
Phi Sigma Alpha

Contact Infonnation
Law Office of Mark A. Werner
201 S. Broadway Street
SuiteC
Pittsburg, KS 66762
Phone: 620-206-4082
Fax: 620-232-2994
Map and Directions

Copyright 2014 by Law Office of Mark A. Werner. All rights reserved. Disclaimer I Site Map

http://w.\.w.markwernerlaw.com'AttorneYMar~A-Werner.shtml

3/3

Deere & Co. v, Loy, 872 F. Supp. 867 (D. Kan. 1994)

United States District Court, D.

Kansas.

Deere & Co. v. Loy

872 F. Supp. 867 (D. Kan. 1994)

(,,~Mark A. Ferguson, Lathrop & Norquist, Overland
Park, KS, Daniel M. Dibble, Timothy K. McNamara,
Lathrop & Norquist, Kansas City, MO, for plaintiff.
Robert S. Tomassi, Mark A. Werner, Kurtis I. Loy,
Reina J. Holtman, Loy, Tomassi & Werner, P.A.,
Pittsburg, KS, for defendant.

MEMORANDUM AND ORDER

V AN BEBBER, District Judge.
I. Introduction
This is a diversity of citizenship action brought to
enforce an unconditional guaranty. Plaintiff Deere &
Company (Deere) contends that K.I. Loy executed an
unconditional "1:>69 guaranty of the debts of Southeast
Equipment, Inc. (Southeast), a John Deere dealer
located in Oswego, Kansas. Defendant K.I. Loy
contends that a letter dated July 24, 1985, authored by
a third party, effectively revoked his guaranty. Plaintiff
contends that the letter of revocation was ineffectual
because it did not conform with the requirements of
the guaranty and the Statute of Frauds.
The case was tried to the court on August 15, 1994,
and closing arguments were heard on September 16,
1994. After considering the evidence in this case, the
court finds that the letter dated July 24, 1985
effectively revoked K.I. Loy's guaranty and that Deere
has no claim against Loy for the current debts of
Southeast.
Pursuant to Fed.R.Civ.P. 52(a), the court makes the
following findings of fact and conclusions oflaw.

II. Findings Of Fact

1. Plaintiff Deere is a manufacturer, distributor and

seller of agricultural implements, lawn and garden
implements, tools and equipment and related products
and is the successor by merger to the John Deere
Company.
2. Southeast was a John Deere dealer located
Oswego, Kansas between the years 1975 and 1992.
3. Stan Gavin was a shareholder,
controlling manager of Southeast.
4. Defendant Loy was the father-in-law

officer

in

and

of Stan Gavin.

5. On December
1, 1975, Loy executed
an
unconditional guaranty of the debts of Southeast in
favor of John Deere Company. The guaranty provided
that Loy would "unconditionally guarantee payment of
whatever sum Southeast shall at any time be owing
Deere, whether heretofore or hereafter contracted."

6. In 1985, K.I. Loy asked Stan Gavin to obtain a

release of Loy's guaranty of Southeast's debts owed to
Deere.
7. On July 24, 1985, Stan Gavin prepared and signed
K.I. Loy's name to the letter sent to John Deere
Company requesting revocation of Loy's guaranty.
8. The guaranty executed by Loy states as follows:
Any notice of revocation hereof shall be in writing
addressed and delivered to the John Deere Company,
3210 East 85th Street, Kansas City, Missouri 64132,
either personally or by registered or certified mail. It is
understood that any revocation I may make shall not
become effective until the expiration of the authorized
dealer agreement in effect between you and Southeast
Equipment, Inc. on the date I deliver written notice of
my revocation of this guarantee to you.
9. An authorized
representative
of John
Company received the letter of revocation.

Deere

10. John Deere Company acknowledge receipt of the

letter of revocation. Deere representatives
informed
Stan Gavin that K.I. Loy had been released from his

II

E~\\o\-\-' D
Casetext
10f4

Deere & Co. v. Loy, 872 F. Supp. 867 (D. Kan. 1994)

guaranty.
11. From July 24, 1985 until April 1993, John Deere
Company and its successors acted and treated the
guaranty of Kl. Loy as having been revoked.
12. From July 24, 1985 through December 1992, John
Deere Company and its successors extended new
credit to Southeast and entered in to new contracts
with Southeast without relying upon any guaranty by
KI. Loy of Southeast's debts.
13. Stan Gavin, during the course of operating the
ea1ership, executed and caused Deere to accept
numerous false and fraudulent promissory notes and
-retail installment contracts. These notes and contracts
bore forged signatures, including the forged signature
of K.I. Loy. The submission of these fraudulent notes
violated the terms of the dealership agreement and
security agreements with Deere.
F

14. Upon discovering Gavin's fraudulent conduct,

Deere promptly closed the dealership, sold the
collateral at auction and sought a deficiency judgment.
This court entered a deficiency judgment against
Southeast in the amount of $951,687.27 in Case No.
93-2005-GTV, 1994 WL 171449. Deere seeks to
collect ..~. this judgment from defendant Loy based
on his personal guaranty.
III. Conclusions of Law
A. Choice of Law

"In making choice of law determinations, a federal

court sitting in diversity must apply the choice of law
provisions of the forum state in which it is sitting."
Shearson Lehman Brothers, Inc. v. M & L Investments,
10 F.3d 1510, 1514 (10th Cir.1993) (citing Klaxon Co.
v. Stentor Electric Mfg. Co., 313 U.S. 487, 496, 61
S.Ct. 1020, 1021, 85 L.Ed. 1477 (1941. In cases
involving interpretation of a contract, Kansas courts
apply the law of the place where the contract was
made. Simms v. Metropolitan Life Ins. Co., 9
Kan.App.2d 640, 642, 685 P.2d 321, 324 (1984). A
contract is made when the last act necessary for its
formation takes place. Id.

Casetext

In the present case, the contract was "made" when K.I.

Loy signed the guaranty in Oswego, Kansas on
December 1, 1975. As a result, Kansas law applies to
the determination of the enforcement and revocation of
K.I. Loy's guaranty executed in favor of Deere.
B. Revocation of a Guaranty
The unconditional guaranty signed by defendant K.I.
Loy provides that notice of revocation shall be in
writing and that "any revocation I may make shall not
become effective until the expiration of the Authorized
Dealer Agreement in effect, between you and
Southeast Equipment, Inc., on the date I deliver
written notice of my revocation of this guaranty to
you." On July 24, 1985, Stan Gavin prepared and
signed K.I. Loy's name to a letter requesting
revocation of KI. Loy's guaranty of Southeast's debts.
The letter was addressed to Jerry Callaway, Division
Credit Manager, John Deere Company, Kansas City,
Missouri. Callaway testified at trial that he does not
deny receiving the letter. Plaintiff does not assert that
any of the debt at issue in this action accrued prior to
July 24, 1985 or prior to the renewal of the authorized
dealer agreement with Southeast. Thus, plaintiff agrees
that if the July 24, 1985 letter revoked the guaranty,
then the relief requested must be denied.
Plaintiff asserts that the terms of the guaranty require
the guarantor, and no other person, to provide notice in
writing. Thus, Plaintiff argues that Gavin's signature of
KI. Loy's name is ineffective to revoke the guaranty.
In opposition, defendant asserts that he appointed
Gavin as his agent to obtain a release from the
guaranty and that the July 24, 1985 letter was an
effective revocation of the guaranty.
Written notice of revocation of a guaranty is required
when the contractual terms of a guaranty so requires.
Milliken and Co. v. Eagle Packaging Co., Inc., 295
N.W.2d 377, 380 (Minn.1980); Rambo v. Cobb Bank
& Trust Co., 146 Ga.App. 204, 245 S.E.2d 888, 889
(1978). Plaintiff does not dispute that it received the
July 24, 1985 letter, but argues that the notice was not
valid because it was not written and signed by the
guarantor.

20f4

Deere & Co. v. Loy, 872 F. Supp. 867 (D. Kan. 1994)

Although the guaranty requires the guarantor to notify

Deere, a close reading of the guaranty does not
disclose an express requirement that notice of
revocation be written and signed by the guarantor. The
contract is at the very least ambiguous on this point.
As with any contract, ambiguities in a guaranty are
construed against the party drafting the document.
Kansas State Bank & Trust Co. v. DeLorean, 7
Kan.App.2d 246, 252 640 P.2d 343, 348 (1982). The
guaranty was prepared by Deere. The court is not
persuaded that K.1. Loy had to write and sign the letter
to comply with the terms of the guaranty. See First
Wisconsin Financial Corp. v. Yamaguchi, 812 F.2d
370, 373 (7th Cir.1987) ("It is undesirable to allow
foibles of expression to expose guarantors to
continuous liability.... Perfection is too much to
demand in any notice ...."). The terms of the guaranty
do not explicitly prohibit notice of the revocation by
an agent of the guarantor.
The court concludes that if K.1. Loy effectively named
Stan Gavin his agent for the purpose of revoking Loy's
guaranty, then the July 24, 1985 letter complied with
the terms for revocation contained in the guaranty.

C.Agency
Agency is defined under Kansas law as a contract by
which one of the parties delegates to the other the
authority to act on his or her behalf. Turner and
Boisseau v. Marshall Adjusting Corp., 775 F.Supp.
372, 377-78 (D.Kan.1991); Professional Lens Plan,
Inc. v. Polaris Leasing Corp., 238 Kan. 384, 390, 710
P.2d 1297, 1303 (1985). The party relying on the
agency to establish his claim or demand has the burden
of establishing the agency's existence by clear and
satisfactory evidence. Turner and Boisseau, 775
F.Supp. at 378; Rodgers v. Arapahoe Pipe Line Co.,
185 Kan. 424,430,345 P.2d 702,707 (1959).
"It is fundamental that absent statutory requirements,
no particular formalities are needed to establish the
principal-agent relationship." Ocrant v. Dean Witter &
Co., Inc., 502 F.2d 854, 858 (10th Cir.1974). The
agent's authority to do an act can be created by written

or spoken words or other conduct which causes the

agent to believe that the principal wants him to act on
the principal's behalf. System Investment Corp. v.
Montview Acceptance Corp., 355 F.2d 463,466 (lOth
Cir.1966).
Actual agency can be either express or implied.
Rodgers, 185 Kan. at 430, 345 P.2d at 707. Express
agency is created when the principal authorizes the
agent to do the delegated act by express words. Id. at
430-31, 345 P.2d at 707; Professional Lens Plan, 238
Kan. at 390, 710 P.2d at 1303.
K.L Loy testified that he told Stan Gavin to do what
was necessary to get him off the guaranty. Gavin
testified at his deposition that Loy told him to look
into the possibility of getting out of the guaranty.
Gavin then wrote the July 24, 1985 letter on Loy's
stationary and signed Loy's name to the letter. Loy
made no further attempts on his own behalf to seek
revocation of the guaranty.
The court is convinced that an agency was formed for
the limited purpose of Gavin obtaining revocation of
the guaranty on Loy's behalf. Loy created an express
agency when he asked Gavin "to do what was
necessary to get him off the guaranty." No particular
formalities are required and Loy's words can be
reasonably interpreted as creating a principal-agent
relationship.
D. Statute of Frauds
Plaintiff argues that an agent's authority must be in
writing in order for an agent to revoke a contract that
must be formed in compliance with the Statute of
Frauds. The Kansas Statute of Frauds provides in
pertinent part:
No action shall be brought whereby to charge a party
upon any special promise to answer for the debt,
default or miscarriage of another person ... unless the
agreement upon which such action shall be brought, or
some memorandum or note thereof, shall be in writing
and signed by the party to be charged therewith, or
some other person thereunto by him or her lawfully
authorized in writing.

Casetext
30f4

Deere & Co. v. Loy, 872 F. Supp. 867 (D. Kan. 1994)

K.S.A. 33-106 (1993). The Statute of Frauds

requires creation of guaranty to be in writing, and if
signed by an agent, then the agency must be in writing.
This concept is known as the rule of "equal dignities."
In support, plaintiff cites this court's opinion in
Scherman

v, Kansas

City Aviation

Center, Inc., 1993

WL 191369 (D.Kan. May 14, 1993) in which the court

interpreted Georgia law where the equal dignities rule
is codified separately under its general agency law.
Kansas has not separately codified the rule of equal
dignities, but the concept is present in the limited
circumstances in which the Statute of Frauds applies.
Plaintiff argues that under the language of the Statute
of Frauds, a letter of revocation signed by an agent is
ineffective unless the agency's authority is in writing.
Plaintiff asserts that this rule is illustrated by the Tenth
Circuit's opinion in Reno v. Beckett, 555 F.2d 757
(lOth Cir.1977). Reno involved a suit for specific
performance of a contract for the sale of real estate.
Substantial written modifications were made to the
original contact and the modifications were not signed
by the vendor. Under Kansas law, when the original
contract must be in writing under the Statute of
Frauds, then any modifications to that contract is also
governed by the statute. Id. at 766. The court held that
"any modification is unenforceable in the absence rsvz
of evidence that the person signing the modifications
had written authorization from his principal." Id.
The court is unconvinced that the agency must be
created in writing in order for an agent to revoke a
guaranty. The rationale for requiring modifications to
a contract to comply with the Statute of Frauds is not
applicable to revocation of a contract. A modification
must be in writing and signed by the party to be
charged or by an agency acting under written authority
because "it is, in essence, a new agreement and must
therefore meet the requirements of the Statute of
Frauds." Dave Zerwas Co. v. James Hamilton Constr.
Co., Inc., 117 N.M. 724, 726, 876 P.2d 653, 655
(1994). The purpose of the Statute of Frauds is to fix
the terms of a contract between the parties in the
signed writing and to avoid enforcement of contracts
or terms that the parties did not actually agree upon.
Id at 727, 876 P.2d at 656; 2 Corbin on Contracts
275, at 2-3 (1950). The purpose of the Statute of

Frauds is not furthered when the question involves

valid revocation rather than valid execution or
modification of a contract.
The Statute of Frauds does not require revocation of a
guaranty to be in writing. Home Savings Bank v.
Gertenbach, 270 Wis. 386, 71 N.W.2d 347, 351
(1955) (citing 3 Corbin on Contracts 574).
Additionally, the law does not require an agency to be
created in writing except in the limited circumstances
that fall within the scope of the Statute of Frauds. See
System Investment
Corp. v. Montview Acceptance
Corp., 355 F.2d 463, 466 (10th Cir.1966); Restatement

(Second) of Agency 30(1) (1985).

Although the guaranty contract in the present case
required notice of revocation to be in writing, it does
not follow that there must be a written authorization
for an agent to provide the notice. Where the law does
not require written execution of a document, the rule
of equal dignities does not apply. Harris v. Barnes,
100 Ga.App. 412, 111 S.E.2d 147, 149 (1959).
The court concludes that the Kansas Statute of Frauds
does not require the agent's authority to be in writing
when the agent acts to give notice of revocation of a
guaranty. K.I. Loy named Stan Gavin his agent for the
limited purpose of seeking revocation of Loy's
personal guaranty. Gavin's authorization to act as
Loy's agent did not have to be in writing. Loy was
effectively released from his unconditional guaranty of
Southeast's debts by giving appropriate notice in the
July 24, 1985 letter. Plaintiff has no claim against Loy
for the current debts of Southeast which are sought in
this action. The relief requested by plaintiff is,
therefore, denied.
IT IS, THEREFORE, BY THE COURT ORDERED
that judgment be entered in accordance with the
findings and conclusions contained in this
Memorandum and Order.
Copies of this order shall be mailed to counsel of
record for the parties.

IT IS SO ORDERED.

Casetext
40f4

Seller

-._

RETAil INSTAllMENT CONTRACT

Buyer

.....,

.. .. '
,

AND SECURITY AGREEMENT

'.'

No.
Dare

"

." ..
'We" and 'us' mean the Seller above, its

'You" and "your' mean each Buyer above, and

successors and assigns.

guarantor. jointly and individually,

SALE: Vou agree to ourcnase from us, on a ~me basis, Sllblect to the tenns and croditlOns of this contract ami secunly agreement (Contract), the
Molor Vehicle (Veh;cJa)and services dosctibed below. The Vehlc!e is sold in its present cond11ion.together wirll Ihe usual accessor.eSand attachmenl$.
Description of
Motor Vehicle
Purchased

Year

--:.~.'\;'

Make
Model

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Oescription of
Trade-In

VIN

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Other:

Lie. NoNear
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Used

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SECURITY: To secure your payment and performance under the terms of this Contract, you give U3 a security interest in the Vehicte. all
accessions, attachments, accessories, and equipment placed in or on the Vehicle, together called Property, and proceeds of the Property. You also
assign to us and give us a security Interest In proceeds end premium refunds of any insurance and service contracts purchased with this Contract

PROMISE TO PAY AND PAYMENT TERMS: You promise to pay us the prinCipal amount of S .
. ..
. plus finance
charges accruing on the unpaid balance at the rate of
.
% per year from today's date until pald in lull. Finance charges accrue on
a
.;~
day basis. You agree to pay this Contract according to the payment schedule and tate charge provisions shown in
the TRUTH IN LENDING DISCLOSURES. You also agree to pay any additional amounts according to the terms and cond~ions af this Contract,
MINIMUM FINANCE CHARGE: You agree to pay a minimum finance charge of S
.~ if you pay this Contract in full
before we have earned that much In finance charges.
DOWN PAYMENT: You also agree to pay, or apply to the Cash Price, on or belore teday's date, any cash, rebate and net trade-in value described
in the tTEMIZATION OF AMOUNT FINANCED. 0 You agree to make deferred payments as pan 01 rne cash down payment ae renecteo In
your Payment Schedule.
RETURNED CHECK CHARGE: If you make any payment required by this Contract with a check or negotiabte instrumentlhat is returned
or dishonored. you agree 10 pay the actual charges for processing the check or negotiable instrument, pius a fee of
' .,
TRUTH IN LENDING DISCLOSURES
TOTAL SALE PRICE
ANNUAL
FINANCE
AMOUNTFlNANCED
ITOTALOFPAYMENTS
The amount of credit
The amount you wiUnave The total cost of your purchase on
PERCENTAGE
RATE
CHARGE
provided to you or on paid \'Alen you have made credit.indudingyoordoMl paymentof
The cost of your credit as
The dOllar amount the
your behalt.
i all schedtAedpayn-.ents. $
a yearly rate.
credit will cost you.
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Amount of Payments

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Security: You are giving a security Interest In the Moror Vehicle purchased.
Late Charge: If all or any portion of a payment is not paid within 15 dar,s ot its due date, you will be charged a late cnarge 01 5% 01 the
payment cue, or 5% 01 the minimum payment due, or $25, whichever is ess, minimum $10. When the installment due is $25 or less, you
will be charged $5.
Prepayment:
If you payoff this Contract eariy, you 0 may 0 will not have to pay a Minimum Finance Charge.
Co~~ract Provisions:
Vou can see the teJ~;rOf this Contract \0rk~n~ additional inlormalion about nonpayment, default. any required
repa ment before the scheduled date, and pre a ment refunds and
na ties.
.
CREDIT INSURANCE:
Credrt life, credit disability (accldent and
health), and any other insurance coverage quoted below, are not
required to obtain credit and we will not provide them unless you sign

and agree to pay the additional premium. If you want such insurance,
we win obtain it for you (if you qualify lor coverage). We are quoting
below ONLY the coverages you have chosen to purchase.
Credit Life: Insured
Single DJoint
Prem.$
Credit Oisablllty: Insured
Single OJoint
Prem.S

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Term

"_"_' __
...,.,.-:"""
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Your signature below means you want (only) the insurance coverage(s)

quoted above. If none are quoted, you have dedined any coverages we
offered.
Buyer
diM> Buyer
diM>
PROPERTY INSURANCE: You must insure the Property secur1ngthis
Contract. You understand thal you BIB free to insure your Property with
whatever ticensed company, agem. or broker you may choose: that you

ITEMIZATION
OF AMOUNT FINANCED
Vehicle Price (inel. sales tax o! $
) $ __
Service Contract, Paid to:
' S
Cash Price $
Manufacturer's Rebate S
_
Cash Dewn Payment
S
-r-r'Deferred OOY>'llPayment S
_
a. Total Cash/Rebate Down
$
b. Trade-In Allowance
$
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c. less: Amount !,-v;ing S
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d. Net Trade-In (b. minus c.)
$
o. Net CashfTradeln (a. plus d.) S
Down Payment (e.; disclose as SO if negative)
Unpaid Balance of Cash Price

~.,.....--,_
-.,---::_

--.,-

$ __

~. ,"
....,-.,-__

-,_

Paid to Public OfticiaJs . Filing Fees

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Insurance Premiums'
Amount to f'jIlance line e. (if e. is negalive)
To:
. "1. ";

S ---c=-.-:~

. ,:-:."

$ _-._'_
..._.,.,,_.
may do so at any time after Ihe date of this loan; that you have not
canceled any existing insurance on your Property ff you owned ~ before
. ,.
$~
__
..,
.--.this loan: and that tNs loan cannot be denied you simply because you did To:
To:
l,'
$
,,-:-:not purchase your insurance through us. YOU MAY NOT NEED TO
To:
.' :.
S
-,
PURCHASE PROPERTY INSURANCE, AND YOU MAY HAVE
Total Other Charges/Amounts
Pd. to Others
S
';-,-;:-.
-:OTHER INSURANCE
WHICH WE WIll
ACCEPT WHICH
COVERS THE PROPERTY
SECURING THIS LOAN. YOU
less: Prepaid Finance Charges $ ---_
,:-,
":.:::-~
.-:':.'1
Amount
Flnanced
$
_
SHOULD
EXAMINE
ANY OTHER INSURANCE
WHICH
'We may retain or receive a portion of this amount.
YOU HAVE
IN ORDER
TO DETERMINE
IF THIS
COVERAGE
IS NECESSARY.
The colilsion coverage
OSERVICE
CONTRACT:
With your purchase of the Vehicle, you
agree 10 purchase a Service Contract to cover
_
deductible may not exceed S
. ,- '.
. If you get
insurance from or through us you will pay S
.
for
-:--"'01coverage.
___________
-.,-:-=
. -Thj~r~e":'ice
Contract will be in effect for
"_"
'_.'_'_'_,_,<_. _._
This premium is calculated as follows:
OS
:J '" Deductible,CollisionCoverage
$
-'."'1,.,.."
The Annual
Percentage
Rate may be negotiable
S
.. \ Deductible, Comprehensive Cov. S
. H
with the Seller, The Seller may assign this
Fire--Theft and Combined Add'1. Coverage
S -----:,C"'7.
Contract and retain ita right to receive a part of
$
_
the Finance
Charge,
NOTICE TO THE BUYER
Liability insurance coverage for bodily InJury and
DO
NOT
SIGN
THIS
AGREEMENT
BEFORE YOU READ IT
prOf)!lrty
damage caused to others is not included
in
OR IF IT CONTAINS
ANY BLANK SPACES.
YOU ARE
thIs Contract
unless checked and Indicated.
ENTITl.ED TO AN EXACT COPY OF THE CONTRACT YOU
SINGLEINTEREST
INSURANCE:
You must purchase
singleinterest insurance as part 01 Ihis sale transaction. Vou may
purchase the coverage from a company of your choice. reasonably
OBTAff A PARTIAL REFUND OF THE FINANCE CHARGE.
acceptable to us. If you buy the coverage from or through us, you

o
o
o

~~ri~=~i
'f.t~~3~LH:~~~~
~grAt~p:6

.:_! _;__

will pay S :::01coverage.

for __

'__

ASSIG~~E~!:

.Thl~ Contract and Security Agreement Is assigned

to

--I, ~'.

-'r ,

~!.)

Ihe Assignee, phone

Buyer:
-;"

' .,; J. (.: i ...,.;;~

ThiS assignment is marn:

under the terms of a separate agreement. 0 under the terms of

the ASSIGNMENT BV SEU.ER en page 2.
ThIs assignment is made
with recourse.
Seller: By
Dale
MISSOURI

BY SIGNING BELOW BUYER AGREES TO THE TERMS ON

PAGES 1 AND 2 OF THIS CONTRACT AND ACKNOWLEDGES

RECEIPT OF A COpy OF THIS CONTRACT.

RETAIL INSTAUMENT CONTRACT AND SECURITY

AGAEEJ.tENT

Signature

Signaturo
Seller: By

,"

-j'

":-t'---

-- :.:-," ..

~{.

Date

Date

(page' 012)
....""'
...
~.a::::"
.."n.Q"'n un ",.::

~_:_:_-----=..,.,.,.--

Credit Life: Insured

Single 0 Joint

o
Premo $
Credit Disability:
Insured
o Single. 0 Joint Premo $

r-i" H

,,' h Term'
-:--:,'j

,,:

Term

-..,.~-N iH

Cash Down Payment

$
Deferred Down Payment $
a. Total Cash/Rebate
b. Trade-In Allowance

!i, 1'\

h..f,

s.

Down
$
1';jf.M" iiM

c. less: Amou,:,! PlNing $

i,l,

Paid to:
\'1, H
d. Net Trade-In (b. minus c.)

i-lf ~~

H
$

!:;,i;Ji;!1,

Your signature below means you want (only) the insurance coverage(s)
e. Net Oash/Trade-ln (a. plus d.) $
quoted above. If none are quoted, you have declined any coverages we
Down
Payment(e.; disclose as $0 if negative)
ciffered.
,Unpaid
Balance of Cash Price
Buyer
d1o/b
Bu~er
.d10~ "Paid to Public Officials _ Filing Fees
PROPERTYINSURANCE:You must Insure the Property secunng t~IS Insurance Preiniums*
Contract. You understand that you are free to Insure your Property With
.....
, whatever licensed company, agent, or broker you may choose; that you
Amount t?, F1!1ance hne e. (If e. IS negative)
may do so at a~y. time after the date of this lo~n; that 'you h.ave not
To:
',I ..;,
canceled any existinq Insurance on your Property If you owned ,It before
To"',
, i,
this loan; and that this loan cannot be denied you simply because you .did
:
i i'~
I':..;
not purchase your insurance through us. YOU MAY NOT NEED,TO
To.
'. .
PURCHASE PROPERTY INSURANCE, AND YOU MAY HAVE To:
., t,
OTHER INSURANCE WHICH WE WILL ACCEPT WHICH
Total Other Charges/Amounts
Pd. to Others

COVERS THE PROPERTY SECURING THIS LOAN. YOU

SHOULD EXAMINE ANY OTHER INSURANCE WHICH
YOU HAVE IN ORDER TO DETERMINE
IF THIS
COVERAGE
IS NECESSARY. The collision coverage
deductible

I, f;

may not exceed $

. If you get

insurance from or through us you will pay $

H .1 r':'

for
of coverage.

and Combined Add'i. Coverage

$
$

IV H
fJ fi

lH~,
tl",;

Liability Insurance coverage for bodily injury and

property damage caused to others is not included in
this Contract unless checked and indicated.

o SINGLE-INTEREST

INSURANCE:

You must purchase'

single-interest insurance as part of this sale transaction. You may
purchase the coverage from a company of your choice, reasonably
acceptable to us. If you buy the coverage from or through us, you
wilf pay $
of coverage.

ASSIGNMENT:
to

,oj.,!

for

!1'~~

-----------This Contract and Security Agreement is assigned

"

o SERVICE CONTRACT: With your purchase

agree to purchase a Service Contract to cover

i. G,)',' ,.;:~!
.fo';:; .,.This assignment is made

o under the terms of a separate

1 :i,,;lIi},cmi
J::\b /t~" it",
ii, I"~
iL i,
i' i" j i

$
.'
$~"11~1.
$

1;;-",
i: i:
fl'

$
$
$

i :,

I'"
"",,,'i.,

"!'
'.

.,~,,,. \.,,J
. ' t,. ;\
.~;t,,~:/b.l!;iti

of the Vehicle, you

_

s.: }:
__________
Contract will be in effect for

,.........,,.,---,.-----,,-_ . This Service

i.: I'n.!";. I /;':4)0;;, h i{ L :;

The Annual Percentage Rate may be negotiable

with the Seller. The Seller may assign this
Contract and retain its right to receive a part of.
.
the Finance Charge.
NOTICE TO THE BUYER
DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT
OR IF IT CONTAINS ANY BLANK SPACES. YOU ARE
ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU
SIGN. UNDER THE LAW, YOU HAVE THE RIGHT TO PAY
OFF IN ADVANCE THE FULL AMOUNT DUE AND TO
OBTAIN A PARTIAL REFUND OF THE ANANCE CHARGE.

BY SIGNING BELOW BUYER AGREES TO THE TERMS ON

PAGES 1 AND 2 OF THIS CONTRACT AND ACKNOWLEDGES
RECEIPT OF A COpy OF THIS CONTRACT.
.
. Buyer:

;,;0",
t' q ~,; ': ,.'
.. e-: ~"..,
. 1 \oJ .~ {,' t I'"

the Assignee, phone

Prepaid

$
$
$
$

Finance Charges
$
AmountFinanced
$
*We may retain or receive a portion of this amount.

NJ A

This premium is calculated as follows:

0$
,1j 11 Deductible, Collision Coverage $
0$
i i.', I Deductible, Comprehensive Cov. $

o Fire-Theft

less:

;!jfb

I ;)W<i) , ~i!J

Signature

\k I/o'
r I'

.M1"

,,;"/\
'_
'~"'-ir.}
1.~.11 ~. '...' ',r
~t

1 i! 'HI \ ,;"

i 1/ t: :~;'~\;:v<e:t
Date

agreement. 0 under the terms of

the ASSIGNMENT BY SELLER on page 2.
This assignment is made
with recourse.
Seller: By

Signature
Date

; i !2.?I;~0l!..,r:

MISSOURI RETAIL INSTALLMENT CONTRACT AND SECURITY AGREEMENT

E.x{5iiiie. 1982, 1995 Bankers Systems, Inc., 51. Cloud, MN Form ASStMVlF-MO 12/1512005

Seller: By

Date
;

t. ~

MOTOR VEHICLE -NOT

(page 10(2)
FOR MANUFACTURED
HOMES

. j

.
,..----.

"

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OctZZ-ZQ1Q 15:46

1-440

From-Wheeler Mitchelson Chartered

KANSAS GOVERNMENTAL
.

P.GQZ

H\6

ETHICS COMMISSION

ReCEIVED

RECEIPTS AND EXPENDITURES REPORT

OF A CANDIDATE FOR STATE OFFICE

OCT 25-l01O

October 25, aeie

FILE WITH SECRETARY OF STATE AND CANDIDATE'S COUNTY ELECTION-OFFICER
SEE REVERSE SIDE FOR INSTRUCTIONS
A.

~ame ofCandidiltc:

Address:
City

Terry Calloway ( ~

-'

301 Winwood Drive

Office Sought: State Representative

. )3.

C.

Cbeck onJy if appropriate:

Crawford

County:

and Zip Code: P;ttsbur~, 66762

District: _3_rcl
__

Amended Filing

__

---'-__

Termination Report

Summary (covering the period from July 23, 2010 thro~gh October 21, Z010)

7,964.44'

1. Cash on hand at beginning of period .........................................................................

2. Total Contrib~tions and Other Receipts (Use Schedule A)

~..:

3. Cash available this pe~od (Add Lines 1 and 2)

4. Total Expenditures and Other Disbursements (Use Schedule C)

;.......~

5. Cash on hand at close of period (Subtract Line 4 from 3) ...........................................

6. In-Kind Contributions (Use Schedule B)
7. Other Transactions (Use ~chedule D)

22,640.00

30,604.44

17,100.57

13,003.87

.9n.53
5,200.00

D. "I declare that this report. including any accompanying schedules and statements. has been examined by me
.
and to .the best of my knowledge and belief is true, correct and complete. I understand that the intentional

failure to file this document or intentionally filing a false document is a class A misdemeanor,"
10/22110

.Date

?-."
~A~DL

Signature of Candidate or Treasurer

GEe Form Rev, 2001

mm

From-Wheeler ~Itchelson Chartered

Oct-~2-2010 15:47

i-44Q p.nDS/n2D r-"S

1453

SCBEDULEA
CONTRIBUTIONS AND OTHER RECEIPTS
Terry Calloway, State Representative
(Name cf'Candldarc)

& Industry or
lndividlllll Giving M~rf,!

Check

Occupation
Name IlCld Address
of Contributor

"Ode

9/9/10

Pam Henderson
818 E. 8th Street
Pittsburg, Kansas 66762

9/10/10

SanelY Mart
20th & 69 Bypass
Pittsburg, Kansas 66762

ThoCl 5150

C . .a.h

Crawford County
Republican Women;
Corporate Check

Chon

Am(l\llIlor

Box

Loa.

011.

.f

Phil

Minton
109 Crestwood Estates
Pittsburg. Kansas 66762

9/13110

Heckert Construction Co Inc.

746 E. 520th Ave.
Pittsburg, Kansas 66762

Corporate Check

Caleb Farabi

Management!

PO Box 1924

Soft Drink Distributor

Road Construction

Cash, Check,
toan or
Other Receipt

$400,00

.f

9/13/10

9/13110

Appropriate
,

$50.00

.f

$100.00

.f

$250.00

.f

$500.00

.f.

$500.00

Pittsburg, Kansas'66762

9113/10

Pepsi-Cola Bottling Company

PO Box 1924
Pittsburg, Kansas 66762

Sherry Blatchley
9/15110

Corporate Check

.;

104 S. Miles St.

Pittsburg,. Kansas 66762

Kurtis I.oy
9/16/10

Soft Drink Distributor

<t

"-POBox B

Lawyer

$50.00

..f

$250.00

Pittsburg, Kansas 66762

9121/10

Betty Grisham
813 Lakeview Drive
Pittsburg, Kansas 66762

.f

$25.00

9/21/10

750 S.

Dee Hough
200th Street
Pittsburg. Kansas 66762

.;

$50.00

Jack & MalY Lee Payne

9/21110

'PO Box 57
Arcadia, Kansas 66711

.f

$125.00

,
Su:ti.tOta.1 This ~nt!~

$2,300.00

Puge

5
of 19
---

O~t-22-2Ql0 15:47

620

From-Wh8eler Mitchelson Chartered

T-440 P,OOT/020 F-116

1453

SCHEDULE A
CONTRIBUTIONS AND OTHER RECEIPTS
Terry Calloway, State Representative
(Na.me cf Candidate)

Occupltion & Indusfry or

Individual Giving More

Name aDd AddreSi

n"tll

Than SISO

of Contributor

9/22110

Dean Mann
1031 205th Street
Fort seen, Kansas 66701

9/22/10

Steve & Rebecca Sloan

601 Elmwood Lane
Pittsburg. Kansas 66762

9/23/10

Charlie O'malley
3445 NE Scammon Road
Scammon, Kansas SSn3

9/23/10

American Family Insurance

1300 Southwest ArolWhead Road
Topeka,Kansas66604

Salesl Midwest Minerals

PAC

Cach

Check

AmOunt or

Appropriate Bos

Cash, Check.

Check

1.0

Loan or
Othur

Other Receipt

.;

$125.00

.;

$250.00'

,f

$50.00

.;

$100.00

.;

$50.00

.;

$50.00

Corporate Check

9/24110

John & Kimberly Clark

410 Winwood Olive
Pittsburg. Kansas 66762

9/24/10

Mark & t.:auren Wemer

1k1604-Woodland Terrace
Pittsburg. Kansas 66762

9124/10

Martin Barber
203 Crestwood Lane
Pittsburg, Kansas 66762

.f

$100.00

9127/10

James & Wava VanBecelaere

812 Elmwood Lane
Pittsburg, KaMa$ 66762

.f

$100.00

9/27110

Mark & Donna Davis

PO Box 694
Syracuse, Kansas 61878

.;

$100.00

9/28/10

Joyce Draper
#2 Deer Run Lane
Pittsburg, Kansas 66762

.f

$100_00

,f

$500.00

9/29/10

Matthew Lowe
2711 South Rouse

.cr-

DDS! Dentist

Pittsburg, Kansas 66762

Subtotal Tbis Pale

$1.525_00
"

P3ge_6_of~