i{ansas ~ommissionon1ubtcial KANSAS JUDICIAL CENTER301 SW 10TH AVE., ROOM 374

TOPEKA, KANSAS 66612785-296-2913 judiciaiqual@kscourts.org

COMPLAINT AGAINST A JUDGE.

The Commission only has authority to investigate allegations of judicial misconduct or disability bypersons holding state judicial positions. The Commission has no jurisdiction over and does notconsider 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 legaldecision made by a judge in a court proceeding. Please review the accompanying brochure whichdescribes the functions of the Commission. Note in particular the examples of functions which theCommission cannot perform.

Please Note: Complaint form must be typed or legibly hand-printed, dated, and signed before itwill be considered. Complaint forms may be submitted by U.S. Mail or scannedand submitted bye-mail.

I. PERSON MAKING THE COMPLAINTbl"\ c, N\. N\.\jo-..=\b~

Full Name Inmate Number, if applicable

Mailing Address

City, State Zip Code Telephone Number

~\)(~:\~.c\Q!com~~.toN\ Preferred Method of Communication: __ U.S.MailLE-MailEsmail address

II. JUDGE AGAINST WHOM COMPLAINT IS MADE

c.,~f\\N.~"OIQ\\~~County or City

Type of Judge (check one): \/flrupreme Court Justice __ Court of Appeals Judge. District __ District Magistrate __ Municipal__ Pro Tempore __ Other _

Page I 1

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. Case Number: ~O\~66G P.Your Relationship to the Case: __ Plaintift7Petitioner ~efendant!Respondent

Other _

IV. STATEMENT OF FACTS

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

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

Page I 2

./V. ATTACHMENTS

Relevant documents: Please attach any relevant documents which you believe directly supportyour claim that the judge has engaged in judicial misconduct or has a disability. Highlight orotherwise identify those sections that you rely on to support your claim. Do not includedocuments which do not directly support your complaint, for example, a copy of your completecourt case.

*Keep a copy of all documents submitted for your records as they become the property of theCommission 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 confidentialunless formal proceedings are filed. The confidentiality rule does not apply tothe complainant or the judge against whom a complaint is filed.

~ The Commission may find it necessary to disclose my identity and the existenceof this complaint to the involved judge. By filing this complaint, I expresslyconsent to any such disclosure.

VI. SIGNATUREI 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 I 3

21812014 Kansas Judicial Branch - News Releases

CONTACT INFORMA TION

Kc1J\'S~~"fflJP&emeCourt301 SW 10th Avenue

Office of Judicial AdministrationTelephone: 785.296.2256

Fax: 785.296.7076

Emall: info@kscourts.org

Appellate Clerk's OfficeTelephone: 785.296.3229Fax: 785.296.1028Email: appellateclerk@kscourts.org

lllL..U.L.U: Judicial Vacancy in the 9th Judicial District.

01/22/13: Sedgwick County Judge to Sit With Supreme Court

01125/13: Supreme Court Orders New Trial in Topeka Capital Murder Case

01/31113: State of Judiciary Released

02/01/13: Supreme Court Rules Topeka Helicopter Purchase, Deposit Void

02/25/13: 9th Judicial District Interviews Postponed

03/11/13: Court of Appeals Judge Swearing-In Friday

03/22113: Nominees for 9th District Sent to Governor

05/03/13: Child Support Guidelines Advisory Committee Members Sought

06/27/13: Applicants sought for District Magistrate Judge vacancy in Morris County

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 Board of Directors

08/08113: Emporia Judge Named to SentenCing Commission

08/09/13: Two Kansas Court Officials Receive ABA Awards*08112/13: Six Apply for 11th Judicial District Vacancy *- ~

2/812014 Kansas Judicial Branch - News Releases

leveraging media that the students are already using - video games.

tctvtcs currently has several curriculum units: Foundations of Government; The Constitution; ThreeBranches; The Judicial Branth; The Executive Branch; The Legislative Branch; Government & the Market;

Persuasive Writing; Citizenship and Participation; Budgeting; Influence Library; Politics and Public Policy;

International Affairs; Landmark Library; State and Local Governments; Civil Rights; County Solutions; and

Media and Influence. tctvtcs also develops new curriculum units periodically. Each unit has correspondinglesson plans, web quests and a game that allows teachers to approach the curriculum in a variety of

ways. If used together, iCivics' lesson plans and games make up more than a semester's worth of

instruction and learning. If teachers pick up lesson plans and games here and there, each curriculum unit

can independently supplement the teacher's existing plans.

More information is available at the ;Civics website, http://www.icivics.org/. You may also contact Ted

McDonald at TMcDonald@mam-firm.com, and 913-647-0670.

FOR IMMEDIATE RELEASE: August 12, 2013

For more information

contact Ron Keefover

Education-Information Officer

Six Crawford County attorneys have applied for a judicial vacancy that was created by the retirement of

Chief Judge John C. Gariglietti. Friday was the deadline to apply for the vacancy in the 11th Judicial

District, which includes the counties of Cherokee, Crawford, and Labette.

Applicants include: David Brake, of Henshall, Pennington & Brake in Chanute; Michael Gayoso, Jr., .

Crawford County Attorney in Girard; Kurtis Loy, of Loy & Sagehorn, LLc, Pittsburg; David Markham, of

Tucker and Markham, Parsons; John ~ of Mazurek Law Office, Pittsburg; and Steven Stockard, of

Wilbert & Towner, P.A., Pittsburg.

The seven-member 11th Judicial District Nominating Commission will interview the applicants during public

sessions on August 22 in the Pittsburg Courthouse. The commission Is responsible for submitting the

names of two or three nominees to the governor, who will have 30 days in which to make a selection. The

11th district judicial nominating commission includes Justice Lee A. Johnson, as the nonvoting chair, and

Sara S. Beezley, Girard; James K. Cook, Parsons; Hon. Oliver K. Lynch, Baxter Springs; John W. Lehman,

Girard; Richard G. Tucker, Parsons; and Charles W. Sweeton, Baxter Springs.

FOR IMMEDIATE RELEASE: August 9, 2013

For more information

contact Ron KeefoverEducation-Information Officer

Two Kansas court officials Thursday were recognized bythe American Bar Assn. Thursday when they were

presented prestigious awards as part of the ABA's annual

meeting, in San Francisco.

Receiving the national awards were District Magistrate

Judge Mary B. Thrower, Minneapolis, and Denise Kilwein,

Director of Judicial Education, at the Office of Judicial

Administration in Topeka.

Judge Thrower received the Franklin N. Ffaschner Award,

which is given to a judge who "embodies tihe high ideals,

personal character, and competence in performing

judicial duties that were exemplified by the late Chief

Justice Franklin N. Flaschner of Massachusetts.' She was

nominated by Chief Justice Lawton R. Nuss of the Kansas

Supreme Court for her significant contributions on local

and state levels for improving the quality of justice in

courts with special and limited jurisdiction. Judge

Thrower's many contributions Include serving on the

Judicial Needs Assessment Committee for the only

weighted case load study performed in the 152-yearhistory of Kansas.

Judge Mary B. Thrower, Minneapolis, (left), and Denise

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

awards at the annual meeting of the American Bar Ann.

Thursday, August 8, 2013, in San Francisco.

Ms. Kilwein received the Judicial Education Award in recognition of her excellence as Director of Judicial

Education for the Kansas Judicial Branch. Court of Appeals Judge Karen Arnold-Burger wrote in nominating

her for the award that "although most states have entire staffs dedicated to judicial education, Denise has

done it all. At the same time, she has developed a relationship with tihe National Judicial College and the

ABA that have resulted in the judges of Kansas receiving the best training available. As budget cutsloomed, she also was able to establish in-house training programs and train-the-trainer programs."

http://IMMN.kscourts.org/Kansas-Courts/General-lntormation/news-re/eases-2013.asp 9120

IN THE DISTRICT COURT OF CRAWFORD COUNTY, KANSAS

FIFTHTHIRD BANK

Plaintiff, ,

Case No. 2012LM356P

vs.

ERICM. 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 was denied by Judge Oliver K. Lynch*.

* Judge Oliver K. Lynch was in the 7 member committee that short listed Kurtis Loy's name for selectionby 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 CSTI 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 ofappearance that morning.

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

THE QUESTION I ASKTHIS JUDICIAL COMPLAINT COMMITTEE PRIMARILY RELATING to rule 1.2Promoting Confidence in the Judiciary, Rule 2.2 Impartiality and Fairness and Rule 2.4 ExternalInfluences 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 readingright 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 andJudge Kurtis Lev's personal response to this affidavit (where he convenient/ylails to acknowledge hisfather 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 COURTEleventh Judicial District

Chambers ofKURTIS I. LOYDistrict Judge

Administrative AssistantsMary Ann ForsytheElaine Bradshaw

Crawford County Judicial Center602 North Locust

Pittsburg, Kansas 66762(620) 2313570

(620) 2310584 FAX

Clerk of the CourtPamela Hicks

(620) 2310380Court Administrator

Mac Young(620) 2310310

February 7, 2014

Hon. A. J. WadI erChief Judge/602 North-LocustPittsburg, 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. Ihave forwarded a copy to the Honorable Oliver Kent Lynch.

Although I do not have a bias or prejudice against Mr. Muathe, I will provide aresponse to the statement provided by Mr. Muathe.

1. Agreed.

2. Do not agree, as I do not believe I have any conflict through a businessrelationship with Mark Werner that ended in November, 1994.

3-4. Although I am not familiar with the website, Mark Werner was a partnerin 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. Muathereferences, not Kurtis I. Lay.

6. I did not feel any obligation to disclose a business relationship which hasnot existed for almost 20 years. There is no present or recent business or financialdealing.

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

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

9-11. Not addressed.

12. On September 16,2010, Kurtis 1. Loy, among many, made a $250.00contribution to the candidacy of Terry Calloway.

13. I disagree. I believe under a reasonable person standard there should beno 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 areasonable person standard there should be no issue.

15, 16, and 17.Again a reasonable person standard should not prevent me fromhearing Mr. Muathe's case, or any other case in which Mr. Werner is an opposingattorney. I

Mr. Muathe had asked that Ibe disqualified before Mark Werner entered hisappearance. The request orMr. Muathe is very broad in that he is asking in paragraph 9that Ibe disqualified from all cases now and forever involving allegations of forged,altered or fraudulent promissory notes or retail installment contracts or Mark A. Werneras an attorney.

IIstill 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 anddecision.

Yours truly,

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

KIL:maf

Ene.

ce: U~;'Oliver Kent Lyneh (w/ene)~~M. MuatheMark A. Werner

Flt.EDIN THE DISTRICT COURT OF CRAWFORPfOnwlB ~~

FIFTH THIRD BANK

Plaintiff, )

)

)

)

)

)

CLERK OF 015T. COUfx iCRAWFORD 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 theUnited States of America, that Affiant is competent to be a witness and that the factscontained herein are true, correct, complete, and not misleading to the best of Affiant's firsthand personal knowledge.

Statement of Facts

1. On January 24th, 2014 at 2:30 PMCSTAffiant went to court for a scheduled pretrial

conference.

2. *An obvious conflict of interest between Judge Kurtis Loy and Plaintiffs new attorneyMark 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) - SEEEXHIBIT"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

Loynor 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 Promissory note or retail installment

agreement 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) IfStan Gavin, during the course of

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 promissory notes or retail installment 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 contracts and

promissory 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 RELATINGTO JUDICIALCONDUCT"RULE 1.2 Promoting Confidence in

the Judiciary, Rule 2.2(1)(2) Impartiality and Fairness, Rule 2.3(A)(c)Bias, Prejudice, and

Harassment, 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

HASALREADYFAILED 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 CSTwas 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

I hereby certify that on this ~ day of b.~)[]lQ

-:

/'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]

2i6l2014 MarkA. Werner I Law Office of Mark A. Werner I Crawford County, Kansas

Law Office of Mark A. Werner

Mark A. Werner

Sole PractitionerLocation:Pittsburg, KansasPhone: '620-206-4082Fax:620-232-2994Email:E-mail Me

Mark Werner is an attorney licensed to practice law in the State of Kansas, and before the U. S. District Courtfor the District of Kansas, as well as the lOt h U. S. Circuit Court of Appeals. Mark graduated from KansasState University with a Bachelor of Science degree in 1979, and from the University of Kansas School of Law in1982 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, aswell as a general civil and criminal practice.

In 1995, Mark joined City National Bank of Pittsburg (now Connnerce Bank) as Vice President and TrustOfficer and served as legal counsel to the Bank, and in 1999 took on the responsibilities of Vice President ofCommercial Lending. In 2004, Mark was named the Pittsburg Market President of Citizens Bank, N. AThroughout his time in banking, Mark continued his private law practice part-time in the areas of estate planningand connnerciallaw.

In 2011, Mark returned to the full-time practice of law, opening his own law firm. He practices in the areas ofestate planning, connnerciallaw and litigation, business formation and planning, real estate, and general trialpractice. 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 yearson 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 graduateof Leadership Pittsburg and Leadership Kansas. He is also past president of the Crawford County BarAssociation 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

21612014

Litigation PercentageMarkA Werner I LawOffice of MarkA Werner I CravJord County, Kansas

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, Kansaso J.D. - 1982

Kansas State University, Manhattan, Kansaso B.S. - 1979o 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.shtml2/3

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

MarkA Werner I Law Office of MarkA Werner I Crav.ford County, Kansas~ --2/612014

Fraternities/So ro rities

Delta Upsilon Phi Sigma Alpha

Contact Infonnation

Law Office of Mark A. Werner201 S. Broadway StreetSuiteCPittsburg, KS 66762Phone: 620-206-4082Fax: 620-232-2994Map and Directions

Copyright 2014by 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, OverlandPark, 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

VAN BEBBER, District Judge.

I. Introduction

This is a diversity of citizenship action brought toenforce an unconditional guaranty. Plaintiff Deere &Company (Deere) contends that K.I. Loy executed anunconditional "1:>69 guaranty of the debts of SoutheastEquipment, Inc. (Southeast), a John Deere dealerlocated in Oswego, Kansas. Defendant K.I. Loycontends that a letter dated July 24, 1985, authored bya third party, effectively revoked his guaranty. Plaintiffcontends that the letter of revocation was ineffectualbecause it did not conform with the requirements ofthe 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, thecourt finds that the letter dated July 24, 1985effectively revoked K.I. Loy's guaranty and that Deerehas no claim against Loy for the current debts ofSoutheast.

Pursuant to Fed.R.Civ.P. 52(a), the court makes thefollowing findings of fact and conclusions oflaw.

II. Findings Of Fact

Casetext

1. Plaintiff Deere is a manufacturer, distributor andseller of agricultural implements, lawn and gardenimplements, tools and equipment and related productsand is the successor by merger to the John DeereCompany.

2. Southeast was a John Deere dealer located inOswego, Kansas between the years 1975 and 1992.

3. Stan Gavin was a shareholder, officer andcontrolling manager of Southeast.

4. Defendant Loy was the father-in-law of Stan Gavin.

5. On December 1, 1975, Loy executed anunconditional guaranty of the debts of Southeast infavor of John Deere Company. The guaranty providedthat Loy would "unconditionally guarantee payment ofwhatever sum Southeast shall at any time be owingDeere, whether heretofore or hereafter contracted."

6. In 1985, K.I. Loy asked Stan Gavin to obtain arelease of Loy's guaranty of Southeast's debts owed toDeere.

7. On July 24, 1985, Stan Gavin prepared and signedK.I. Loy's name to the letter sent to John DeereCompany requesting revocation of Loy's guaranty.

8. The guaranty executed by Loy states as follows:

Any notice of revocation hereof shall be in writingaddressed and delivered to the John Deere Company,3210 East 85th Street, Kansas City, Missouri 64132,either personally or by registered or certified mail. It isunderstood that any revocation I may make shall notbecome effective until the expiration of the authorizeddealer agreement in effect between you and SoutheastEquipment, Inc. on the date I deliver written notice ofmy revocation of this guarantee to you.

9. An authorized representative of John DeereCompany received the letter of revocation.

10. John Deere Company acknowledge receipt of theletter of revocation. Deere representatives informedStan Gavin that K.I. Loy had been released from his

II

E~\\o\-\-' D10f4

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

guaranty.

11. From July 24, 1985 until April 1993, John DeereCompany and its successors acted and treated theguaranty of Kl. Loy as having been revoked.

12. From July 24, 1985 through December 1992, JohnDeere Company and its successors extended newcredit to Southeast and entered in to new contractswith Southeast without relying upon any guaranty byKI. Loy of Southeast's debts.

13. Stan Gavin, during the course of operating theea1ership, executed and caused Deere to accept

Fnumerous false and fraudulent promissory notes and-retail installment contracts. These notes and contractsbore forged signatures, including the forged signatureof K.I. Loy. The submission of these fraudulent notesviolated the terms of the dealership agreement andsecurity agreements with Deere.

14. Upon discovering Gavin's fraudulent conduct,Deere promptly closed the dealership, sold thecollateral at auction and sought a deficiency judgment.This court entered a deficiency judgment againstSoutheast in the amount of $951,687.27 in Case No.93-2005-GTV, 1994 WL 171449. Deere seeks tocollect ..~. this judgment from defendant Loy basedon his personal guaranty.

III. Conclusions of Law

A. Choice of Law

"In making choice of law determinations, a federalcourt sitting in diversity must apply the choice of lawprovisions 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, 61S.Ct. 1020, 1021, 85 L.Ed. 1477 (1941. In casesinvolving interpretation of a contract, Kansas courtsapply the law of the place where the contract wasmade. Simms v. Metropolitan Life Ins. Co., 9Kan.App.2d 640, 642, 685 P.2d 321, 324 (1984). Acontract is made when the last act necessary for itsformation takes place. Id.

Casetext

In the present case, the contract was "made" when K.I.Loy signed the guaranty in Oswego, Kansas onDecember 1, 1975. As a result, Kansas law applies tothe determination of the enforcement and revocation ofK.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 inwriting and that "any revocation I may make shall notbecome effective until the expiration of the AuthorizedDealer Agreement in effect, between you andSoutheast Equipment, Inc., on the date I deliverwritten notice of my revocation of this guaranty toyou." On July 24, 1985, Stan Gavin prepared andsigned K.I. Loy's name to a letter requestingrevocation of KI. Loy's guaranty of Southeast's debts.The letter was addressed to Jerry Callaway, DivisionCredit Manager, John Deere Company, Kansas City,Missouri. Callaway testified at trial that he does notdeny receiving the letter. Plaintiff does not assert thatany of the debt at issue in this action accrued prior toJuly 24, 1985 or prior to the renewal of the authorizeddealer agreement with Southeast. Thus, plaintiff agreesthat if the July 24, 1985 letter revoked the guaranty,then the relief requested must be denied.

Plaintiff asserts that the terms of the guaranty requirethe guarantor, and no other person, to provide notice inwriting. Thus, Plaintiff argues that Gavin's signature ofKI. Loy's name is ineffective to revoke the guaranty.In opposition, defendant asserts that he appointedGavin as his agent to obtain a release from theguaranty and that the July 24, 1985 letter was aneffective revocation of the guaranty.

Written notice of revocation of a guaranty is requiredwhen the contractual terms of a guaranty so requires.Milliken and Co. v. Eagle Packaging Co., Inc., 295N.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 theJuly 24, 1985 letter, but argues that the notice was notvalid because it was not written and signed by theguarantor.

20f4

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

Although the guaranty requires the guarantor to notifyDeere, a close reading of the guaranty does notdisclose an express requirement that notice ofrevocation be written and signed by the guarantor. Thecontract is at the very least ambiguous on this point.As with any contract, ambiguities in a guaranty areconstrued against the party drafting the document.Kansas State Bank & Trust Co. v. DeLorean, 7Kan.App.2d 246, 252 640 P.2d 343, 348 (1982). Theguaranty was prepared by Deere. The court is notpersuaded that K.1. Loy had to write and sign the letterto comply with the terms of the guaranty. See FirstWisconsin Financial Corp. v. Yamaguchi, 812 F.2d370, 373 (7th Cir.1987) ("It is undesirable to allowfoibles of expression to expose guarantors tocontinuous liability.... Perfection is too much todemand in any notice ...."). The terms of the guarantydo not explicitly prohibit notice of the revocation byan agent of the guarantor.

The court concludes that if K.1. Loy effectively namedStan Gavin his agent for the purpose of revoking Loy'sguaranty, then the July 24, 1985 letter complied withthe terms for revocation contained in the guaranty.

C.Agency

Agency is defined under Kansas law as a contract bywhich one of the parties delegates to the other theauthority to act on his or her behalf. Turner andBoisseau 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, 710P.2d 1297, 1303 (1985). The party relying on theagency to establish his claim or demand has the burdenof establishing the agency's existence by clear andsatisfactory evidence. Turner and Boisseau, 775F.Supp. at 378; Rodgers v. Arapahoe Pipe Line Co.,185Kan. 424,430,345 P.2d 702,707 (1959).

"It is fundamental that absent statutory requirements,no particular formalities are needed to establish theprincipal-agent relationship." Ocrant v.Dean Witter &Co., Inc., 502 F.2d 854, 858 (10th Cir.1974). Theagent's authority to do an act can be created by written

Casetext

or spoken words or other conduct which causes theagent to believe that the principal wants him to act onthe principal's behalf. System Investment Corp. v.Montview Acceptance Corp., 355 F.2d 463,466 (lOthCir.1966).

Actual agency can be either express or implied.Rodgers, 185 Kan. at 430, 345 P.2d at 707. Expressagency is created when the principal authorizes theagent to do the delegated act by express words. Id. at430-31, 345 P.2d at 707; Professional Lens Plan, 238Kan. at 390, 710 P.2d at 1303.

K.L Loy testified that he told Stan Gavin to do whatwas necessary to get him off the guaranty. Gavintestified at his deposition that Loy told him to lookinto the possibility of getting out of the guaranty.Gavin then wrote the July 24, 1985 letter on Loy'sstationary and signed Loy's name to the letter. Loymade no further attempts on his own behalf to seekrevocation of the guaranty.

The court is convinced that an agency was formed forthe limited purpose of Gavin obtaining revocation ofthe guaranty on Loy's behalf. Loy created an expressagency when he asked Gavin "to do what wasnecessary to get him off the guaranty." No particularformalities are required and Loy's words can bereasonably interpreted as creating a principal-agentrelationship.

D. Statute of Frauds

Plaintiff argues that an agent's authority must be inwriting in order for an agent to revoke a contract thatmust be formed in compliance with the Statute ofFrauds. The Kansas Statute of Frauds provides inpertinent part:

No action shall be brought whereby to charge a partyupon any special promise to answer for the debt,default or miscarriage of another person ... unless theagreement upon which such action shall be brought, orsome memorandum or note thereof, shall be in writingand signed by the party to be charged therewith, orsome other person thereunto by him or her lawfullyauthorized in writing.

30f4

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

K.S.A. 33-106 (1993). The Statute of Fraudsrequires creation of guaranty to be in writing, and ifsigned 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 inScherman v, Kansas City Aviation Center, Inc., 1993WL 191369 (D.Kan. May 14, 1993) in which the courtinterpreted Georgia law where the equal dignities ruleis codified separately under its general agency law.Kansas has not separately codified the rule of equaldignities, but the concept is present in the limitedcircumstances in which the Statute of Frauds applies.

Plaintiff argues that under the language of the Statuteof Frauds, a letter of revocation signed by an agent isineffective unless the agency's authority is in writing.Plaintiff asserts that this rule is illustrated by the TenthCircuit's opinion in Reno v. Beckett, 555 F.2d 757(lOth Cir.1977). Reno involved a suit for specificperformance of a contract for the sale of real estate.Substantial written modifications were made to theoriginal contact and the modifications were not signedby the vendor. Under Kansas law, when the originalcontract must be in writing under the Statute ofFrauds, then any modifications to that contract is alsogoverned by the statute. Id. at 766. The court held that"any modification is unenforceable in the absence rsvzof evidence that the person signing the modificationshad written authorization from his principal." Id.

The court is unconvinced that the agency must becreated in writing in order for an agent to revoke aguaranty. The rationale for requiring modifications toa contract to comply with the Statute of Frauds is notapplicable to revocation of a contract. A modificationmust be in writing and signed by the party to becharged or by an agency acting under written authoritybecause "it is, in essence, a new agreement and musttherefore meet the requirements of the Statute ofFrauds." 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 fixthe terms of a contract between the parties in thesigned writing and to avoid enforcement of contractsor 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

Casetext

Frauds is not furthered when the question involvesvalid revocation rather than valid execution ormodification of a contract.

The Statute of Frauds does not require revocation of aguaranty 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 becreated in writing except in the limited circumstancesthat fall within the scope of the Statute of Frauds. SeeSystem Investment Corp. v. Montview AcceptanceCorp., 355 F.2d 463, 466 (10th Cir.1966); Restatement(Second) of Agency 30(1) (1985).

Although the guaranty contract in the present caserequired notice of revocation to be in writing, it doesnot follow that there must be a written authorizationfor an agent to provide the notice. Where the law doesnot require written execution of a document, the ruleof 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 Fraudsdoes not require the agent's authority to be in writingwhen the agent acts to give notice of revocation of aguaranty. K.I. Loy named Stan Gavin his agent for thelimited purpose of seeking revocation of Loy'spersonal guaranty. Gavin's authorization to act asLoy's agent did not have to be in writing. Loy waseffectively released from his unconditional guaranty ofSoutheast's debts by giving appropriate notice in theJuly 24, 1985 letter. Plaintiff has no claim against Loyfor the current debts of Southeast which are sought inthis action. The relief requested by plaintiff is,therefore, denied.

IT IS, THEREFORE, BY THE COURT ORDEREDthat judgment be entered in accordance with thefindings and conclusions contained in thisMemorandum and Order.

Copies of this order shall be mailed to counsel ofrecord for the parties.

IT IS SO ORDERED.

40f4

-._ ....., .. ,.. ''.' "

SellerRETAil INSTAllMENT CONTRACT

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,

Buyer

Description ofMotor VehiclePurchased

Year --:.~.'\;'

Make ':,,';,:,,".',.,: "'"Model -rr

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

VIN ,,~~Ht..j..';" ~t~tll"'," -' _I.Lie. NoNearo New oUsed

Other:

Oescription ofTrade-In . _.J - r - _'}SECURITY: To secure your payment and performance under the terms of this Contract, you give U3 a security interest in the Vehicte. allaccessions, attachments, accessories, and equipment placed in or on the Vehicle, together called Property, and proceeds of the Property. You alsoassign 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 financecharges accruing on the unpaid balance at the rate of . % per year from today's date until pald in lull. Finance charges accrue ona .;~ day basis. You agree to pay this Contract according to the payment schedule and tate charge provisions shown inthe TRUTH IN LENDING DISCLOSURES. You also agree to pay any additional amounts according to the terms and cond~ions af this Contract,o MINIMUM FINANCE CHARGE: You agree to pay a minimum finance charge of S .~ if you pay this Contract in fullbefore 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 describedin the tTEMIZATION OF AMOUNT FINANCED. 0You agree to make deferred payments as pan 01 rne cash down payment ae renecteo Inyour Payment Schedule.RETURNED CHECK CHARGE: If you make any payment required by this Contract with a check or negotiabte instrumentlhat is returnedor dishonored. you agree 10 pay the actual charges for processing the check or negotiable instrument, pius a fee of ' . ,

TRUTH IN LENDING DISCLOSURESANNUAL FINANCE AMOUNTFlNANCED ITOTALOFPAYMENTS TOTAL SALE PRICE

PERCENTAGE RATE CHARGE The amount of credit The amount you wiUnave The total cost of your purchase onThe cost of your credit as The dOllar amount the provided to you or on paid \'Alen you havemade credit.indudingyoordoMl paymentof

a yearly rate. credit will cost you. your behalt. i all schedtAedpayn-.ents. $ "', ," % S :s,:... :~) $ '.;".::'..';1 is ':'. .' S :

Payment Schedule: Vour payment schedule will beNumber 01Payments Amount of Payments When Payments Are Due

.. :. .. I'-f'" r.-: :.: !-';~G:::J; .;; ., .-.

jSecurity: 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 thepayment cue, or 5% 01 the minimum payment due, or $25, whichever is ess, minimum $10. When the installment due is $25 or less, youwill 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 requiredrepa ment before the scheduled date, and pre a ment refunds and na ties. .

CREDIT INSURANCE: Credrt life, credit disability (accldent andhealth), and any other insurance coverage quoted below, are notrequired to obtain credit and we will not provide them unless you signand agree to pay the additional premium. If you want such insurance,we win obtain it for you (if you qualify lor coverage). We are quotingbelow ONLY the coverages you have chosen to purchase.Credit Life: Insured -r-v-r- ~.,_-oSingle DJoint Prem.$ '_'_' Term "_"_' __Credit Oisablllty: Insured ...,.,.-:"""__o Single OJoint Prem.S Term '_,_'__

Your signature below means you want (only) the insurance coverage(s)quoted above. If none are quoted, you have dedined any coverages weoffered.

Buyer diM> Buyer diM>PROPERTY INSURANCE: You must insure the Property secur1ngthisContract. You understand thal you BIB free to insure your Property withwhatever ticensed company, agem. or broker you may choose: that youmay do so at any time after Ihe date of this loan; that you have notcanceled any existing insurance on your Property ff you owned ~ beforethis loan: and that tNs loan cannot be denied you simply because you didnot purchase your insurance through us. YOU MAY NOT NEED TOPURCHASE PROPERTY INSURANCE, AND YOU MAY HAVEOTHER INSURANCE WHICH WE WIll ACCEPT WHICHCOVERS THE PROPERTY SECURING THIS LOAN. YOUSHOULD EXAMINE ANY OTHER INSURANCE WHICHYOU HAVE IN ORDER TO DETERMINE IF THISCOVERAGE IS NECESSARY. The colilsion coveragedeductible may not exceed S . ,- '. . If you getinsurance from or through us you will pay S . for-:- --"'- 01coverage.This premium is calculated as follows:OS :J '" Deductible,CollisionCoverage $ -'."'1,.,.."o S .. \ Deductible, Comprehensive Cov. S . Ho Fire--Theft and Combined Add'1. Coverage S -----:,C"'7.o $ _Liability insurance coverage for bodily InJury andprOf)!lrty damage caused to others is not included inthIs Contract unless checked and Indicated.

o SINGLEINTEREST INSURANCE: You must purchasesingleinterest insurance as part 01 Ihis sale transaction. Vou maypurchase the coverage from a company of your choice. reasonablyacceptable to us. If you buy the coverage from or through us, youwill pay S :::- .:_! _;__ for __ '__ _01coverage.ASSIG~~E~!: .Thl~ Contract and Security Agreement Is assignedto -'r , ~!.) --I, ~'.

Ihe Assignee, phone ' .,; J. (.: i ...,.;;~ThiS assignment is marn:ounder the terms of a separate agreement. 0 under the terms ofthe ASSIGNMENT BV SEU.ER en page 2.oThIs assignment is madewith recourse.Seller: By Dale

MISSOURI RETAIL INSTAUMENT CONTRACT AND SECURITY AGAEEJ.tENT

ITEMIZATION OF AMOUNT FINANCEDVehicle 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 $ ':"\1, \.c. less: Amount !,-v;ing S _

Paid to: .;,.,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 S -,_

Paid to Public OfticiaJs. Filing Fees S -,,_: ,"':-'-,Insurance Premiums' S . ,:-:."Amount to f'jIlance line e. (if e. is negalive) S---c=-.-:~To: . "1. "; $_- -._'_..._.,.,,_.To: . ,. $~ __ ..,.--.-To: l,' $ ,,-:-:-To: .' :. S -,Total Other Charges/Amounts Pd. to Others S ';-,-;:-.-:-

less: Prepaid Finance Charges $ ---_ ,:-,":.:::-~.-:':-.'1Amount Flnanced $ _

'We may retain or receive a portion of this amount.OSERVICE CONTRACT: With your purchase of the Vehicle, youagree 10 purchase a Service Contract to cover _

___________ -.,-:-= . -Thj~r~e":'iceContract will be in effect for "_" '_.'_'_'_,_,

Cash Down Payment $ !i, 1'\Deferred Down Payment $ h..f,

a. Total Cash/Rebate Down $ i-lf ~~b. Trade-In Allowance s. 1';jf.M" iiMc. less: Amou,:,! PlNing $ i,l, H

Paid to: \'1, Hd. Net Trade-In (b. minus c.) $ !:;,i;Ji;!1, ;!jfbe. Net Oash/Trade-ln (a. plus d.) $ I ;)W

,I I ;'~ri f ~ fj~~Oi r:li~[ clo'iliC- I!lit-----f-I

U j' 1!~li!,1ft !~;II~m!l II ~~PHI; U IIII Ittf 1 ~I~~tti1ijl5-kfi p r r iI1(d It !!it------4~:;.III. I It:t & "~~i$iIii i ,:liJj '0 ~ J....---.-tII f I '1 ',-if !IJ I, (II f""ifl~ .I!f II If ~

(Sf' I If if II ill 8

I Ie f,i (ill( ~n~;!f ~~II ~I~ iqi -j l~~mmm - -~~~ifi~

. " ~,..----. JI

I

OctZZ-ZQ1Q 15:46 From-Wheeler Mitchelson Chartered 1-440 P.GQZ H\6

KANSAS GOVERNMENTAL ETHICS COMMISSION. ReCEIVEDRECEIPTS AND EXPENDITURES REPORTOF A CANDIDATE FOR STATE OFFICE OCT 25-l01O

October 25, aeieFILE WITH SECRETARY OF STATE AND CANDIDATE'S COUNTY ELECTION-OFFICER

SEE REVERSE SIDE FOR INSTRUCTIONS

A. ~ame ofCandidiltc: Terry Calloway ( ~

Address: 301 Winwood Drive

City andZip Code: P;ttsbur~, 66762

Office Sought: State Representative

-'County: Crawford

District: _3_rcl__ ---'-__

. )3. Cbeck onJy if appropriate: _ Amended Filing __ Termination Report

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

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) .9n.53

7. Other Transactions (Use ~chedule D) 5,200.00

7,964.44'

22,640.00

30,604.44

17,100.57

13,003.87

D. "I declare that this report. including any accompanying schedules and statements. has been examined byme. 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,"?-."~A~DL10/22110.Date Signature of Candidate or Treasurer

GEe Form Rev, 2001

Oct-~2-2010 15:47 From-Wheeler ~Itchelson Chartered m m 1453 i-44Q p.nDS/n2D r-"SSCBEDULEA

CONTRIBUTIONS AND OTHER RECEIPTS

(Name cf'Candldarc)

Terry Calloway, State Representative

Occupation & Industry or Check Am(l\llIlor .Name IlCld Address lndividlllll Giving M~rf,! Appropriate Box Cash, Check,

"Ode of Contributor ThoCl 5150 , toan orC . .a.h Chon Loa. 011. Other Receipt

Pam Henderson Crawford County .f9/9/10 818 E. 8th Street Republican Women; $400,00Pittsburg, Kansas 66762 Corporate Check

SanelY Mart .f9/10/10 20th & 69 Bypass $50.00Pittsburg, Kansas 66762

Phil Minton .f9/13/10 109 Crestwood Estates $100.00Pittsburg. Kansas 66762

Heckert Construction Co Inc. Road Construction .f9/13110 746 E. 520th Ave. $250.00Pittsburg, Kansas 66762 Corporate Check

Caleb Farabi Management! .f9/13110 PO Box 1924 Soft Drink Distributor $500.00Pittsburg, Kansas'66762

Pepsi-Cola Bottling Company Soft Drink Distributor .f.9113/10 PO Box 1924 $500.00Pittsburg, Kansas 66762 Corporate Check

Sherry Blatchley ; .;9/15110 104 S. Miles St. $50.00Pittsburg,. Kansas 66762

Kurtis I.oy

O~t-22-2Ql0 15:47 From-Wh8eler Mitchelson Chartered 620 m 1453 T-440 P,OOT/020 F-116SCHEDULE A

CONTRIBUTIONS AND OTHER RECEIPTS

(Na.me cf Candidate)

Terry Calloway, State Representative

Occupltion & Indusfry or Check AmOunt orName aDd AddreSi Individual Giving More Appropriate Bos Cash, Check.

n"tll of Contributor Than SISO Loan orCach Check 1.0 Othur Other Receipt

Dean Mann .;9/22110 1031 205th Street $125.00Fort seen, Kansas 66701

Steve & Rebecca Sloan Salesl Midwest Minerals .;9/22/10 601 Elmwood Lane $250.00'Pittsburg. Kansas 66762

Charlie O'malley ,f9/23/10 3445 NE Scammon Road $50.00Scammon, Kansas SSn3

American Family Insurance PAC .;9/23/10 1300 Southwest ArolWhead Road $100.00Topeka,Kansas66604 Corporate Check

John & Kimberly Clark .;9/24110 410 Winwood Olive $50.00Pittsburg. Kansas 66762

Mark & t.:auren Wemer .cr- .;9/24/10 1k1604-Woodland Terrace $50.00Pittsburg. Kansas 66762

Martin Barber9124/10 203 Crestwood Lane .f $100.00

Pittsburg, Kansas 66762

James & Wava VanBecelaere9127/10 812 Elmwood Lane .f $100.00

Pittsburg, KaMa$ 66762

Mark & Donna Davis9/27110 PO Box 694 .; $100.00

Syracuse, Kansas 61878

Joyce Draper .f9/28/10 #2 Deer Run Lane $100_00Pittsburg, Kansas 66762

Matthew Lowe DDS! Dentist9/29/10 2711 South Rouse ,f $500.00

Pittsburg, Kansas 66762

Subtotal Tbis Pale$1.525_00

"

P3ge_6_of~