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January 2, 2019

Kansas Commission on Judicial Qualifications

301 SW Tenth Avenue

Topeka Ks 66612

Case Number 2018LM114P Capital One vs. Matthew D. Schwob in Crawford County

Greetings Ethic Commission:

I would like to make a complaint against Kansas Commission on Judicial Qualifications Judge Robert
Fairchild of 301 S.W. io" Avenue Room 374 Topeka Ks 66612 who has been assigned this case in
Crawford County after a recusal by Judge Kurtis Loy. I would like to complain on judge Fairchild because
he has allowed a chapter 61 limited actions case to float in the system over (10) months when the
average median for a chapter 61 to be totally completed from the time of filing is (60) days and the case
was filed on 2/15/2018 which is (8) months passed the average time of completion. According to K.S.A.
60-216(a) Pre-Trial Conferences it states that "in any action, the court shall on the request of either
party or, or may in its discretion without such reguest, direct the attorneys for the parties to appear
before it for a conference or conferences before trial to expedite processing and disposition of the
litigation, minimize expense and conserve time. K.S.A. 60-216(b) Case Management Conference states
that "in any action, the court shall on the request of either party, or may in its discretion without such
request, conduct a case management conference with counsel and any unrepresented parties. The
conference shall be scheduled by the court as soon as possible and shall be conducted within 45 days of
the filing of an answer. The above mentioned chapter 60 civil statutes apply under Chapter K.S.A. 61-
2910 application of chapter 60.

My answer/counterclaim was filed on 3/15/2018 and (45) days after that would have been
approximately 5/1/2018 when a case management conference should have been scheduled and instead
this case has floated in the system because of (DELAY) and should now be (DISMISSED).

I have included the copies of General Principles and Guidelines for the District Courts to see that the
average time for a chapter 61 to be completed is (60) days and it states that Delay causes litigants
anxiety which I have now due to the delay in this case. This case was suppose to be dismissed on
11/20/2018 with a notice of intent to dismiss and this was issued (9) months and over two hundred
seventy (270) days after the filing of this case and I have included the court ROA for you to see. I have
also included several examples of misconduct and or proper just outside from the Kansas commission on
judicial qualifications where judges have received letters of informal advice and caution letters for
DELAY in a case as little as (7) months and this case was filed on 2/15/18 and the first hearing is set for
March 6, 2019 which is over twelve (12) months and over three hundred sixty five (365) days.

I also have included in my counterclaim and my response to not remove motion dismissal from docket
the evidence that the amount of the claim $2,111 that I am being sued for has already been written off
according to my credit report and Capital One and attorney Sean McElwain have failed to issue me a
1099-c tax form which they are suppose to do when they cancel and forgive $600 or more of the
principal on the alleged debt on this account. Capital One forgot to turn this in as an IRS Reporting of
Debt Forgiveness with a profit/loss insurance write off. I plan to subpoena Capital One's tax information
on this account at the Discovery phase to find out if Plaintiff's insurance did in fact pay this $2,111
written off amount and if Capital One did in fact cancel and forgive $600 or more of the principal on the
alleged debt on this account and Capital One forgot to turn in an IRS Reporting of Debt Forgiveness and
forgot to send me a 1099-C tax form.

Attorney McElwain has argued that Capital One is attempting to collect it's own debt and not using a
debt collector even though I contacted the phone number listed on my transunion credit report as the
number to contact Capital One at (800) 955-7070 on 12/19/2018 at 1:03 p.m. and once I entered my
account number of 5178058354828892 the phone number rang to "law office of Kramer and Frank"
even though attorney Sean McElwain shows on his letter head from the letter he sent Defendant dated
12/11/2018 that his phone numbers to contact him at are 816-471-00 and 800-288-54, which are not
full telephone numbers. It also states to contact him at the phone number of 816-778-8621 and says
nothing about the phone number of 800-955-7070 which Capital One uses on their credit reporting
which would make one think that either attorney Sean McElwain is a third party debt collector or an
employee for Capital One.

Attorney Sean McElwain could possibly need to be disqualified as a witness under KRPCRule 3.7 Lawyer
as Witness which would also disqualify Kramer & Frank from representing Plaintiff under KRPC1.10
Imputed Disquatification(a). I do not know if KRPC Rule 1.5 Fees has been complied with since attorney
Sean McElwain might be an employee of Capital One since the phone number to Capital One rings to
Kramer and Frank Law Firm and he needs investigated on this matter. I also received a letter dated
March 22, 2018 from Capital One Services indicating to contact them about this alleged debt at the
phone number of 800-258-9319 which also rings to the law offices of Kramer & Frank, P.C. This letter
also states "please note, some accounts are serviced by third party agencies. If this is the case with your
account, your call will be routed automatically, and the third-party agent can assist you." You can't have
it both ways. You can't be a third party debt collector on the same account when your telephone
number is the one for Capital One and you haven't even registered it with the Kansas BAR. According to
K.S.A. Rule 1.5 Fees(a)(8} the contract needs to be known if it is fixed or contingent. According to K.S.A.
Rule 1.5 Fees(f)(3) certain fees may be precluded by statute and attorney Sean McElwain has not shown
his contract and how much his fees are and if the contract is fixed or contingent.

Attorney Sean McElwain has also (WASTED EVERYONE'STIME) in this case including judge Robert
Fairchild, Crawford County District Court, Capital One, and myself because he failed to realize that there
is a (ARTICLE 27 SMALL CLAIMS PROCEDURE)in accordance with K.S.A. 61-2701 for all matters in Kansas
that are for the amount of $4,000 and less and attorneys are not allowed!!!!!!

Did attorney McElwain forget to read Small Claims Procedure before he wasted everyone's time
including Capital One because they had to pay him attorney fees under KRPCRule 1.5 Fees that probably
exceeded the written off $2,111 that he is suing me for????????

The only reason attorney McElwain filed this sued under Chapter 61 Limited Actions instead of allowing
Capital One to file on their own in Small Claims Court without an attorney under K.S.A. 61-2702(a) is
because (HE IS HIDING AS THE NEW PARTYOF INTERESTBECAUSEHE HAS PURCHASEDA CHARGED OFF
INSURANCE/PROFIT LOSSWRITE OFF THAT HAS ALREADY BEEN PAID BY CAPITAL ONE'S INSURANCE AND
THIS IS FRAUD)!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I feel that attorney Sean McElwain and Capital One are committing fraud by attempting to collect on a
written off profit/loss insurance write off of $2,111 and Sean McElwain is hiding as the debt collector
without a (BILL OF SALE) and Capital One's insurance has already paid this written off $2,111 amount.
Judge Fairchild should have reported attorney Sean McElwain for possible attorney misconduct under
Rule 2.15(8) Responding to judicial and Lawyer Misconduct for attempting to collect on an insurance
profit/loss write off which is fraud and failing to register all of his telephone numbers that Kramer and
Frank Law firm use with the Kansas Bar and hiding behind Capital One's telephone numbers to ring to
his law firm which is unethical.

I also feel that Judge Fairchild has violated Rule 2.7 Responsibility to Decide and Rule 2.11
Disqualification because I have sued Judge Robert Fairchild and the Kansas Commission on Judicial
Qualifications in case numbers 15CV79P Eric Muathe, et al, vs. Honorable Kurtis Loy, et al in Crawford
County and in the court of appeals 16-116284-A that stems from a grand jury petition I signed in court
case 2015MR2P in the matter of the grand jury petition to oust local 11th district judges in Crawford
County and I feel it is a conflict of interest for judge Fairchild to hear this case and that is why he has not
scheduled a pre-trial conference and why he has not dismissed this case already on 11/15/2018 like the
court intended to do for DELAY.

Judge Kurtis Loy already recused from this case on March 21, 2018 and he was a co-defendant in the
above mentioned cases number with judge Robert Fairchild and the Commission on Judicial
Qualifications and if judge Kurtis Loy recused for conflict of interest so should judge Robert Fairchild
under K.S.A. 20-311d and Rule 2.11(A} Disqualification of the code of judicial conduct. I have also
included ethic complaints that were filed with the Kansas Commission on Judicial Qualification by two
(2) of my co-plaintiff's in the above mentioned cases that were against Robert Fairchild on December 22,
2015 by Kasey King and Michael King which led to Judge Brenda Cameron recusing from the complaints
and led to another complaint filed by Kasey King on April 16, 2018 against A.J. Wachter, Oliver Lynch,
Kurtis Loy, and Lori Fleming and judge Robert Fairchild recused which shows he is biased and prejudiced
against people in the above mentioned lawsuits that were filed against Robert Fairchild and the Kansas
Commission on Judicial Qualifications. I feel if Robert Fairchild recused from ethic complaints that
weren't even against him then he should recuse from this case since I have sued him in the above two
(2) civil matters.

Thank you for investigating this matter and I appreciate your committee taking the time to look into the
unethical actions of attorney Sean McElwain, the Delay in this case on judge Fairchild, and the conflict of
interest I have with judge Robert Fairchild.

I would appreciate your committee being consistent with your own past ethic complaints examples of
misconduct on DELAY and issue judge Robert Fairchild a letter of informal advice or letter of caution
pertaining to DELAY.

Judges Robert Fairchild and Brenda Cameron properly disqualify themselves from hearing Michael
King's complaint on Lori Fleming on docket number 1271 in the matter of Lori Bolton Fleming and in the
matter of Kurtis Loy 1279 that was heard by your committee on December 4, 2015. Both judges Brenda
Cameron and Robert Fairchild recused from his Februarv 23,2016 scheduled ethic complaint and they
both should have previously recused from his December 4,2015 complaint since his complaint was set
for February 23, 2016 was already re-scheduled once because it was originally set for the December 4,
2015 meeting which Brenda Cameron recused from and therefore she should have recused from his
December 4, 2015 complaint against Lori Bolton Fleming because she was biased and prejudiced against
him already.

She failed to properly schedule enough judges for a "proper quorum" on December 4, 2015 and
February 23, 2016 shows that we need a different chair who does not create meetings of "lack of
quorum" because judges are disqualified under Rule 2.7 and Rule 2.11(A} of Rules Relating To Judicial
Conduct and she should have already had a temporary meeting commission set for the February 23,
2016 in accordance with Kansas Supreme Court Rule 602(g).

People who are on the commission of judicial qualifications ethic committee of Kansas need to set a
higher standard and need to actually follow the code of judicial conduct Rule 2.11(A) Disqualification
when a member can not be impartial and has a conflict of interest. The Kansas Commission on Judicial
Qualifications either doesn't know the rule on when to recuse or doesn't care to follow the rules on
when to recuse or not from hearing an ethic complaint for conflict of interest. Senior judge Robert
Fairchild recused from my co-plaintiffs Kasey King's ethic complaints on April 16, 2018 but not Michael
King's this time but he had in the past.

The 2015 Annual Report also states "that (Honorable Robert W. Fairchild) is a senior judge and he
retired as district judge in 2017, and the Supreme Court appointed him as senior judge. He was an
adjunct professor at the University of Kansas through 2017 regularly teaching alternative dispute
resolution and also taught a criminal law section in the spring of 200S."!!!!! This is IMPOSSIBLE, how
can someone retire in 2017 when it is only a 2015 annual report????? How can someone teach law
through 2017 when the annual report was done in 2015 and the year 2017 has not even happened yet
in 2015?????????
The fact that Judge Robert Fairchild is in a 2015 Annual Report that says he has not retired until 2017
would seriously make anyone that was not mentally incompetent question his ethics and honesty and
would not feel confident with him being the judge in their case and that is why I think he needs to be
DISQUALIFIED from this case.

The commission also violated Supreme Court Rule 602(g} by not all recusing from the past ethic
complaints on Judge Robert Fairchild filed by Kasey and Michael King in my opinion because the statute
says "If the commission anticipates difficulty in discharging its responsibilities due to the disqualification
or unavailability of its members. the Supreme Court, upon request of the chair or vice-chair of the
commission, may appoint temporary commission members to serve as specified. I think the fact that I
am part of a civil class-action lawsuit in case number 15CV79P in Crawford County against Panel A and
Panel B and appeal case 16-116284-A is evidence of a need for a disqualification by all the judges of
Panel A and Panel B on this ethic complaint on Robert Fairchild in accordance with Rule 2.7
Responsibility to Decide and Rule 2.11(A) Disqualification since it was good enough for Robert Fairchild
of Panel A to recuse from past complaints sent in by Kasey and Michael King.

I feel Panel A and Panel B should be disqualified from hearing this complaint in accordance with
Supreme Court Rule 602(g) in accordance with Judicial Ethics Advisory Opinion Jf 165 in 2008 which says
"A judqe joining a class action lawsuit as a named plaintiff' and JE 130 from 2005 says "A question of
disqualification because impartiality miqht reasonably be questioned due to a pendinq suit aqainst the
judqe".

All the judges of Panel A and Panel B from 2015 were defendants in 2015CV79P in Crawford County and
appeal case 16-116284-A and they all should be disqualified from hearing this complaint for conflict of
interest and need to appoint a temporary commission.

Thank you for your looking into the delay in this case and why an attorney would file a case a profit/loss
insurance write off of $2,111 when small claims court is there in Kansas for matters $4,000 or under.

Sincerely,

Matthew Schwob

1822 JF Kennedy

Pittsburg Ks 66762
RULES RELATING TO DISTRICT COURTS

REPORT OF SUPREME COURT


STANDARDS COMMITTEE

The attached report, adopted by the Supreme Court Standards Committee on October 24,
1980, was adopted by the Suprerrie Court, effective December 11, 1980, as a statement of the goals
of the Kansas judicial system and of the general principles and time standards to be used as
guidelines for the processing of cases by the District Courts of this State.

GENERAL PRINCIPLES AND GUIDELINES


FOR THE DISTRICT COURTS
(1) We approve the credo of the Joint Committee for the Effective Administration of Justice
adopted in the 1960's as a general statement of the goals and purposes of the Kansas Judicial
System ..

Justice is effective when it is:

(A) Fairly administered without delay


With all litigants, indigent and otherwise, and especially those charged with crime,
represented by competent counsel,

(B) By Competent Judges


Selected through non-political methods based on merit,
In sufficient numbers to carry the load,
Adequately compensated, with fair retirement benefits,
With security of tenure, subject to an expeditious method of removal for cause,

(C) Operating in a Modern Court System


Simple in structure, without overlapping jurisdictions or multiple appeals,
Businesslike in management with nonjudicial duties performed by a competent
administrative staff,
With practical methods of equalizing the judicial workload,
With an annual conference of the judges for the purpose of appraising and improving
judicial techniques and administration,

(D) Under Simple and Efficient Rules of Procedure


Designed to encourage advance trial preparation,
Eliminate the element of surprise,
Facilitate the ascertainment of truth,
Reduce the expense of litigation,
And expedite the administration of justice.

(2) Litigation delay causes litigants expense and anxiety. Judges and lawyers have a professional
obligation to avoid misuse and overuse of discovery and to terminate litigation as soon as it is
reasonably possible to do so.
should be afforded a reasonable time to prepare and present their cases.

(4) No case should be permitted to float in the system. It is the responsibility of the trial judge
assigned the case to take charge of the case at an early date in the litigation and to control the
progress of the case thereafter until the case is determined.

(5) There should be time standards established as a guide for the disposition of cases, with the
understanding that the system must have flexibility to accommodate the differences in the
complexity of cases and the different problems arising in urban and rural judicial districts. A
certain amount of delay may be necessary in an individual case.

(6) Assuming adequate trial court staffing and facilities, trial court delay, i.e., unnecessary
waiting time, is not inevitable. The pace of litigation is not necessarily determined by court
size, individual case loads, or the percentage of cases that go to trial.

(7) The pace of litigation is often the result of "local legal culture" rather than court procedures,
case load, or backlog. Local legal culture consists of the established expectations, practices,
and informal rules of behavior of judges, attorneys and the public.

(8) The most effective way of combating court delay is to modify the local legal culture by the
adoption and use of a case management system. The basic concept of case management is
that the court, rather than the attorneys, should control the pace of litigation. It is the duty of
the judge to the people to run the court and not abdicate the responsibility to counsel.

(9) An effective case management system requires that specific steps be taken to monitor and
control the pace of litigation. Among these are the following:

(A) Early and continuous control of the court calendar by the judge;

(B) Identifyingcases subject to alternative dispute resolution processes;

(C) Developing rational and effective trial-setting policies;

(D) Applying a firm continuance policy. Trial continuances should be few; good cause
should be required, and all requests should be heard and resolved by a judge;

(E) Older cases should be emphasized and ordinarily given priority in trial settings;

(F) A useful and efficient information system should be available to identify cases that
are at variance with the suggested time standards and to provide a continuing
evaluation of the system as a whole.

(10) The judges and the lawyers of Kansas should work together with interested citizens to
monitor the workings of the judicial system in the state and each judicial district. They
should explore methods of improvement, keep the public informed of the operation of the
courts, and seek public suggestions and support for the improvement of the judicial system.

TIME STANDARDS

(1) All Chapter 60 civil cases, except domestic relations cases, should ordinarily be set for an
initial case management conference within forty-five (45) days of the filing of an answer to
explore prospects for settlement, a time schedule for completion of discovery, and the setting
of a date for a pretrial conference and for trial;

(2) Any civil case which has been pending for more than one-hundred-eighty (180) days shall be
of special concern to the trial judge and should ordinarily be given priority in all trial
settings.

(3) The trial judge to whom cases are assigned should be responsible for the disposition of those
cases and should, so far as reasonably possible, bring them to trial or final disposition in
conformity with the following median time standards:

Civil Cases

Chapter 61 Cases--to final disposition, within a median time of sixty (60) days-from date of filing.

Chapter 60 Cases--
Non-Domestic Civil-so final disposition, within a median time of one-hundred-eighty (180)
days from date of filing.

Domestic Relations--to final disposition, within a median time of one-hundred-twenty (120)


days from date of filing.

Chapter 59 Cases--(Probate and administration of estates--to final disposition, within a median time
of one year from date of filing.

Criminal Cases

Felony--to trial or plea, within a median time of one-hundred-twenty (120) days from date of first
appearance.

Misdemeanor--( excluding traffic )--to trial or plea, within a median time of sixty (60) days from date
of first appearance.

Traffic-s» trial or plea, within a median time of thirty (30) days from date of filing.

The term "median" as used in these time standards means that at least 50% of the cases
subject to judicial determination are tried or disposed of within the established time standards.

(4) When a report of the Judicial Administrator shows that a civil case has been pending for
more than two years, such case shall be given priority over all subsequently filed cases and
the chief judge should report the reason for delay in disposition to the departmental justice.
--------- ..--

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738
UF March 22, 2018
Matthew D Schwab
1822 J F Kennedy 5t
Pittsburg KS 66762-5728

-
-=-- Re: ~8892
-- Dear Matthew D Schwab,
Case #: 10003283672486

-
---
-
Thank you for contacting us about your Capital One account.

---
!!!! Please call 1.800.258.9319 for help with your request. Please note, some accounts are serviced by third
party aqsncies. If this is the case with your account, your call will be routed automatically, and the

--
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third-party agent can assist you.

----
!!!! Sincerely,
==
- Capital One Services, LLC

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File Number: 386655057 Page 5 of 7
Date Issued: 10109/2018

/-------~--~~~------~----------------~----------~----------~----------~------
INVESTIGATION RESULTS - VERIFIED ASACCURATEAND UPDATED: The disputed item(s) was
verified as accurate; however, other information has also changed ..
~---------------------------------------------~----------------------------------------/
CAPITAL ONE BANK USA NA #517805835482**** ( 10700 Capital One Way, Richmond, VA 23060, (800) 955-707{)
We investigated the information you disputed and the disputed information was VERIFIED AS ACCURATE;
however, we updated: Date Updated. Here is how this account appears on your credit report following our
investigation.
Date Opened: 03/27/2015 Balance: $2,111 Pay Status: >Charged Off<
Responsibility: IndividualAccount Date Updated: 09/19/2018 Terms: Paid Monthly
Account Type: RevolvingAccount Last Payment Made: 03/04/2016 Date Closed: 10/19/2016
Loan Type: CREDIT CARD High Balance: $2,111 >MaximumDelinquencyof 120 days in
Original Charge-off: $2,111 08/2016 and in 09/2016<
Credit Limit: $2,000
Past Due: >$2,111<
Remarks: DISP INVG COMP-RPT BY GRNTR; CLOSED BY CREDIT GRANTOR; >UNPAID BALANCE CHARGED OFF<
Estimated month and ear that this Item will be removed: 04/2023
08/2018 i 07/2018 I 06/2018 0512018 04/2018 0912017
Rating
08/2017 I 0712017 ! 06/2017 I 05/2017 : 04/2017 I 09/2016
Rating
J 08/2016 07/2016 I 06/2016 ! 05/2016 ! 04/2016 09/2015
Rating
, 081201507/2015 '-d6/:1015. 051201S 0472015
Rating

•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
KRU..:fER & FRANI(, P.(~. PHONE: (816)4n
1420 NWVIVION RD, SUITE 105
ATTOR.'-:EYSAT LA\V KANSAS CITY. MO 64118-4511 (800)288.

SEAN A. MCELWAIN
DIRECT DIAL: (816) 778-8621
DIRECT FAX: (816) 759-3621

December 11, 2018


Amount Enclosed:

Mail t.o:

#BWNGQPH
#COSCHMA285FD014# KRAMER & FRANK, P.C.
MATTHEW D SCHWOB 9300 DIELMAN IND. DR.
1822 J F KENNEDY ST ST. LOUIS, MO 63132~2205
PITTSBURG KS 66762-5728

To ensure proper credit, please tear off and return this portion with your payment and include our file I on the check.

RE: CAPITAL ONE BANK {USA}, N.A.


REF: MATTHEW D SCHWOB - Account: XXXXXXXXXXXX8892
Balance Due: $2111.14
Refer to our file #: 92995355 Dept: FD

Dear Mr. Schwob:

Enclosed Pleas1e find the documents for the above referenced


account. Kind~y review the same and let us know your response.

PAY ONLINE: www.kfpay.com

To discuss this account, contact SEAN A. MCELWAIN I

ATTORNEY AT LAW, at {816} 778-8621.

/-100 - ~ ~'b-q~lq
)-ctOb- CfS5- 7~7C)
bi>1+- Yi..,:') ie k4 Wh.,,- 17 M-V1 K' L4 (f('"'"
t.J

This communication is from a debt collector. This is an attempt to collect


a debt and any information obtained will be used for that purpose.
rvlATTHEW D SCHWOB ! Report # 2206-6304-82 for 03/20/18

The most common items in this section are late payments, accounts that have been charged off or sent to collection,
bankruptcies, liens, and judgments. It also may contain items that are not necessarily negative, but that a potential
creditor might want to review more closely, such as an account that has been settled or transferred. This information is
generally removed seven years from the initial missed payment that led to the delinquency. Missed payments and most
public record items may remain on the credit report for up to seven years, except Chapters 7, 11 and 12 bankruptcies,
which may remain for up to 10 years. Unpaid tax liens may remain for up to 10 years from the filing date, and paid tax
liens may remain for up to seven years from the filing date. Transferred accounts that have not been past due remain up
m
to 10 years after the date the account was transferred.

Credit items
CAPITAL
--- Of'oJEPartia!
._-_._-_. __
account # 517805.'335482..
._------_._------- PO BOX 30285. SALT LAKE CITY. UT 84130 or (800) 227 4825
---_ _-----_._-_ _-----_.-._-_._._----------_._-_.
.. .•.

Date opened First reported Recent balance


Mar 2015 Apr 2015 $2.111 as of Mar 2015
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee
Address 10 # Terms Status
0137003810 Not reported Account charged off.
Type Monthly payment $2,111 written off. $2,111
Credit card Not reported past due as of Mar 2018.
Responsibility Credit limit or original This account is 2016
Individual amount scheduted to continue on 2015
$2,OCO record until Feb 2023.
High balance Comment: \

$2, 111 ~~~~~~~ ~~;~~s~t credit


Date of Status
~? A.
.v f)
fI...)
)} \ I. '('
VV
H~
rn-c- V'\
. D" r
'It-
Nov 2016 -(t{ R4 c\ c.)
Acr;vup( Hi,;tl)'y * (AB = Account Balance, DPR = Date Payment Received, SPA = Scheduled Payment Amount, '2fp = Actual Amount Paid)
Feb18 Jan18 Dec17 Nov17 Oct17 Sep17 Aug17 Jul17 Jun17 May17 Apr17 Mar17 Feb17 Jan17 Dec16
AB($) 2.111 2,111 2,111 2,111 2,111 2,111 2,111 2,111 2,111 2,111 2.111 2,111 2,111 2,111 2,111
DPR MatO<\ Ma!04 Ma!04 MatO<\ Mar04 Ma<D4 Mar04 Mar04 Ma<D4 MaKl4 Ma!04 Mar04 Mar04 MaKl4 MaKl4
S?A($) ~,D \;Q "D :.J ND 'W liD ND ND ND NO NO NO NO ND
AAP(Sj ~ ~ .~ ~ ~. ~ ~ ~ ~ ~ ~ ~ ~ ~ NO
·Novl6 Sep16 Aug16 Jul16 Jun16 May16 Apr16 Mar16
AS ($) 2,111 2.071 2,031 1,991 1,954 1.881 1,811 1,742
DPR Mar04 Mar04 Mar04 Mar04 Ma~ Mar04 Ma~ Mar04
SPA ($) NO 61 59 57 91 88 87 50
~m ~ ~ ~ ~ .~ ~ ~ ~
ser<veen Mar 2016 en« Feb 2018. your credit limitihialJ balance was 52,(100

PORTFOLIO RECOVERY ASSOCIATESPatiiai 120 CORPORATE BLVD STE 100, NORFOLK. VA 23502 or (844) 675 3408
account # 60322C335118 ....
Date opened First reported Recent balance PaY'11em history
Oct 2017 Feb 2018 51.825 as ct ""ar 2018
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Address 10# Terms Status
0137003810 1 Months Col'ectton account. 2018 ~t~~;
~o/~~
Original creditor Monthly payment $1,825 past due as of
SYNCHRONY BANK Not reported Mar 2018.
Account =
H.stor ; • (AB Account Balance, DPR Date Payment Received, =
Type Credit limit or original This account is
SPA = Scheduled Payment Amount, AAP Actual Amount Paid) =
Feb18 Feb18
Dent Buyer amount scheduled to continue on
AB ($) 1,825 1,825
Responsibility $1,825 record until Mar 2023. DPR NO NO
Individual High balance Date of Status SPAtS) ND NO
Not reported Feb 2018 AAP($) NO. NO ..
The originalamountof this accountwas $1.825

SYNCHRONY BANK/V\tp.LMART Pa ,iai account if PO BOX 965024. ORLANDO, FL 32896 or \877) 2947880
603220335118 ..
Date opened First reported Recent balance Payment history
Nov 2015 Nov 2015 $0 as of Nov 2017 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee
Address 10# Terms Status
0137003810 Not reported Closed. $1,824 written
2017 r~!::rf.'J~'j};~"i.~1!~l.,
~;~j;
tS'J, ~!i1£,;. ~~~j ".'~~?jl;~tr9}r.'Ir.I
,; ~~."':.-. ' ..<4:.r.··U~ •••~}{ l!'..-.:~~ ••. ,.-,,~~ r_ J' f~o... ,,~...rif. ,;~! •.~~ ~

Type Monthly payment off. 2016


Charge Card Not reported Comment:
Responsibility Credit limit or original Purchased by another 2015
Individual amount lender.
Date: 12/19/2018 Crawford County District Court (Pittsburg) User: W
Time: 12:17 PM ROA Report
Page 1 of 1 Case: 2018-LM-000114-P
Current Judge: Robert Fairchild
Capital One Bank (USA), N.A. vs. Matthew D Schwab

Other Contract

Date Judge

2/1512018 Summons: Issued on 02/15/2018; to Matthew D Schwab on 02/15/2018; Kurtis I Lay


Assigned to Sheriff. Service fee of $0.00.
Plaintiff: Capital One Bank (USA), N.A. Attorney of Record Sean A Kurtis I Lay
McElwain
Petition for Breach of Contract and Other Relief PLE: Petition Kurtis I Loy
Summons PLE: Summons Kurtis I Lay
3/15/2018 Answer to Petition for Breach of Contract and other Relief Kurtis I Lay
Document 10 Number: 400388
Summons Served/Returned on Matthew Schwab on March 132018 by Kurtis I Lay
Personal Service
Document 10 Number: 400479
3/21/2018 Recusal Letter to Judge Lynch INF: Correspondence Kurtis I Lay
3/27/2018 Judge: Recusal Robert Fairchild
Supreme Court Judicial Assignment Order No 19 INF: Judge Signed Robert Fairchild
Order
3/28/2018 Response to Defendant's Counterclaim INF: Information (Generic) Robert Fairchild
4/512018 Defendants Response to Plaintiffs Motion to Dismiss Defendants Robert Fairchild
Counterclaim and Strike Defendants Answer
Document 10 Number: 402785
11/20/2018 Notice of Intent to Dismiss ORO: Order (Generic) Robert Fairchild
11/30/2018 Hearing Rescheduled (Check Status 01/03/201908:00 AM) Counsel Robert Fairchild
called to schedule ptc. I am working on getting that accomplished. EJB
12/7/2018 Hearing Rescheduled (Pretrial Conference 03/06/2019 01 :30 PM) Robert Fairchild
Minutes Entry Hearing type: Judge Minutes Hearing date: 12/7i2018 Time: Robert Fairchild
8:59 am
Document sealed
12/12/2018 Motion to Remove case from dismissal docket MOT: Motion (Generic) Robert Fairchild
Notice of hearing NOT: Notice - No Sheriff Service Required Robert Fairchild
ELECTRONICALLY FILED
2018 Mar21 AM 11:54
CLERK OF THE CRAWFORD-PITTSBURG DISTRICT COURT
CASE NUMBER: 2018-LM-000114-P

KANSAS DISTRICT COURT


Eleventh Judicial District
Chambers of Crawford County Judicial Center Clerk of the Court
602 N. Locust Debra L. Russell
Kurtis I. Loy Pittsburg, Kansas 66762 (620) 231-0380
District Judge (620) 231-3570 Court Administrator
Administrative Assistants (620) 231-0584 FAX Mac Young
Elaine J. Bradshaw (620) 231-0310
Jennifer M. Merando

March 21, 2018

Hon. Oliver Kent Lynch


Chief Judge
P.O. Box 189
Columbus, Ks 66725

Re: Capital One Bank (USA), N.A. vs. Matthew D. Schwob


Case No. 2018 LM 114 P

Dear Judge Lynch:

Iam recusing myself from the above case and Iask that you appoint a new judge.

Z4.,
Kurtis J. J.oy ~

KILljrnm
No. 16-116284-A

.. IN THE COURT OF APPEALS OF THE STATE OF KANSAS

ERIC M. MUATHE, ET AL,


Appellants-Plaintiffs

vs.

. HONORABLE KURTIS LOY, ET AL,


Appellees-Defendants

BRIEF OF APPELLANT

Appeal From the District Court of Crawford County .


Honorable Jack L. Burr, Senior Judge,
District Court Case No. 1SCV79P

Eric Muathe, James Beckley [r., Kasey King,


P.O.Box 224, P.O. Box 224, P.O. Box 224,
Pittsburg, Kansas, 66762 Pittsburg, Kansas, 66762 Pittsburg, Kansas, 66762
Phone: (913)980 7286 Phone: (620) 249 2880 Phone: (620) 875 6494

Travis Carlton,
P.O.Box 224,
Pittsburg, Kansas,
66762
Phone: (620) 8754207

Appel/ants· Pro Se

ORAL ARGUMENT REQUESTED


.---_.- - -. -- .._-- - ---

~tute of 1RUIH1Ug

QCommission on jfubirial <lauulificationg


KANSAS JUDICIAL CENTER
301 SW TENTH A VE., ROOM 374
TOPEKA, KAKSAS 66612
785-296-2913
judicialqual@kscourts.org

December 22, 2015


MEMBERS OF
PANEL A

Michael King
CHAIR: P. O. Box 101
Mary B. Thrower
Judge Member
Opolis, Kansas 66760

VICE-CHAIR: Re: Your complaint against District Judge Kurtis I. Loy, Chief Judge A. J.
Brenda M. Cameron Wachter, District Judge Lori A. Bolton Fleming, District Judge Robert J.
Judge Member Fleming, District Judge Jeffry L. Jack, District Judge Oliver K. Lynch,
Senior Judge Richard M. Smith, and Senior Judge John E. Sanders
Nancy S. Anstaett
Lawyer Member
Dear Mr. King:
James S. Cooper
Non-Lawyer Member The Commission met December 4, 2015, at which time the above-captioned
complaint was listed on the meeting agenda. The matter was, however, continued due
Robert W. Fairchild
Judge Member to a lack of quorum and will be placed on the Commission's February 5, 2016, meeting
agenda.
Norman R. Kelly
Lawyer Member Thank you for your continuing patience as the Commission does its work.
Rep. Valdenia C. Winn
Lay Member Sincerely,

SECRETARY:
Heather L. Smith
Heather L. Smith,
Secretary

mm

Judge Cameron recused.


~tate of ltansas

KANSAS JUDICIAL CENTER


301 SWTENTHAvE., ROOM 374
TOPEKA, KANSAS 66612
785-296-2913
judicialqual@kscourts.org

December 22,2015

MEiViBERS OF
PANEL A Kasey King
P. O. Box 101
Opolis, Kansas 66760
CHAIR:
Mary B. Thrower
Re: Your complaint against District Judge Robert W. Fairchild,
Judge Member
District Judge Jeffry L. Jack, District Judge Kurtis 1. Loy,
VICE-CHAIR: Chief Judge A. J. Wachter, District Judge Lori A. Bolton Fleming,
Brenda M. Cameron District Judge Robert 1. Fleming, District Judge Oliver K. Lynch,
Judge Member Senior Judge Janice D. Russell, Senior Judge Richard M. Smith, and
Senior Judge John E. Sanders
Nancy S. Anstaett
Lawyer Member
Dear Mr. King:
James S. Cooper
Non-Lawyer Member The Commission met December -J.. 2015, at which time the above-cap:",
complaint was listed on the meeting agenda. The matter was, however, continued
Robert W. Fairchild
Judge Member to a lack of quorum and will be placed on the Commission's February 5, 2016, m~':-
agenda.
Norman R. Kelly
Lawyer Member Thank you for your contim ing patience as the Commission does its work.
Rep. Valdenia C. Winn
Lay Member
S·n;:erely.

SECRETARY:
Heather L. Smith
Heather 1. Smith,
Secretary

mm

Judge Cameron recused.


KANSAS JUDlClAL CE:'\TER
301 SW TE~TH AvE.. Rom.r374
TOPEKA, KAl'\S.-\S 666 J:2
785-296-2913
judicialqualts'kscourts.org

MEMBERS OF April 16,2018


PANEL A

Kasey King
CHAIR:
P. O. Box 101
Brenda :\1. Cameron
Judge :'lcmhcl: Opolis, Kansas 66760

VICE-CHAIR: Re: Your complaint against Retired Chief Judge A. J. Wachter;


J ames S. Cooper Chief Judge Oliver K. Lynch; District Judge Kurtis 1. Loy:
:\ol1-La\\"\'cr \lember
and District Judge Lori A. Bolton Fleming
Terrence J. Campbell
Lawver Member Dear Mr. King:

Robert \\". Fairchild


The Commission met April 6, 2018. at which time the above-captioned
Judge ~Iember
complaint was considered. Judge Fairchild recused.
:\orman R. Kelly
Lawver :-Iember It was the decision of the Commission that the complaint contained no facts
establishing reasonable cause to SUpp0l1 a finding that the judicial code had been
Marv B. Thrower
Judge Member
violated and was dismissed on present showing.

Rep. Valdcnin C. \,'inn Thank you for bringing your concerns to the attention of the Commission.
~:r)J'.·Ln\·':er .\Ie.mbcr

Sincerely,
SECRETARY:
Douglas T. Shima

Brenda M. Cameron,
Chair

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STATE OF KANSAS
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COMMISSION ON JUDICIAL QUALIFICATIONS

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1998 ANNUAL REPORT

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EXAMPLES OF CONDUCT
FOUND TO BE IMPROPER

A judge was cautioned not to refer to one of the attorneys in a case by his first' name and
the other by his last name, thus creating an appearance of partiality.

A private cease and desist order was issued to a judge for permitting clerks to stamp the
judge's name on warrants without first personally reviewing the warrants.

A judge was informally advised to follow Rule 166 [reporting matters of delay to the
Judicial Administrator] subsequent to a two-year delay in a case. Suggestion was made that
a personal tracking system be implemented to monitor cases under advisement.

Judges were cautioned regarding writing character reference letters in an attorney


disciplinary matter.

A small claims judge received informal advice in a situation in which the judge angrily
informed the litigant that he had no right to consult an attorney prior to going to small
claims court.

.....
:
A judge was cautioned that prehearing conferences may be misconstrued when litigants
are not present. [The judge and counsel were in chambers, while the complainant sat
...•.
outside chambers.]

A judge, whose previous practice it was to refer inmates to the law library for 60-1507
forms, will in the future inform the clerk and staff to forward the forms to inmates upon
request.

23 -.
T r i:rrs sa Ii 7:$ t 7 r 5

COMMISSION
ON
JUDICIAL QUALIFICATIONS

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ANNUAL REPORT
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CONDUCT EXAl\1PLES
The Commission has many dispositional avenues available after investigation. tnd-~",,:;
but not limited to: Finding of No Violation resulting in dismissal or a ierrer of info'
advice to the judge OR Finding of Violation resulting in a letter of caution; CC'aSe ~
desist order; or notice of formal proceedings. The following are examples of conduct
found to be proper, advisory, or improper.

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No violation was found when it was alleged that the judge conducted an ex parte hearing
without affording the respondent a right to be present. The judge admitted to conducting the ex
parte hearing without the respondent or counsel being present after determining the matter was an
extraordinary situation that required immediate action, in accordance with local ex parte rules.

No violation was found when it was alleged that the judge yelled at a litigant and denied
the litigant a fair hearing. The judge admitted to advising the litigant that the litigant's behavior
was loud, nearly contemptuous, and inappropriate but denied yelling at the litigant. The litigant
was provided several opportunities to proceed with the case but chose to dismiss the case. There
were no witnesses to support the allegations.

No violation was found when it was alleged. that when a litigant asked to see the judge, the
judge directed the judge's assistant to inform the litigant that the judge was out of town when, in
fact, the judge was in office. The judge denied the allegation and advised the assistant to tell the
litigant the judge was busy and had other matters scheduled.

No violation was found when it was alleged a judge failed to rule on a matter taken under
advisement for approximately 10 months. The judge admitted that 10 months was a long time to
rule, but as mitigation the judge advised that the judge carried a full docket as well as being out-
of-the-office for judicial meetings.

I ADVISORY II
No violation was found when it Was alleged a judge failed to rule on a habeas corpus motion
for approximately 24 months. The judge acknowledged that many habeas corpus actions were
being filed in the district and implemented a plan to avoid future instances of delay. The judge
was informally advised on the issue of delay and the importance of a judge to dispose of matters
promptly and efficiently.

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'" NOTICE: PLEASE READ THE FOLLOWING FOR IMPORTANT INFORMATION.

1. Who We Are. Capital One~ Services, LLC is the servicer of your referenced account unless this communication or a separate
communication has informed you of another current servicer. We are a subsidiary of Capital One, National Association, and service
the following Capital One affiliated companies:

• Capital One Bank1.' (USA), National Association


• Capital One, National Association

The name of your creditor has been previously disclosed to you and is identified for purposes of this communication by your account

-=--- number.

2. State and Local Disclosures. If you receive this communication in Connecticut, the District of Columbia, Hawaii, Iowa, New
York City, North Carolina, or Oregon and your account involves a debt owed primarily for personal, famiiy, household, or other

-- consumer purpose(s), or if you receive this communication in Vermont irrespective of the nature of the debt associated with your

-
account, the following disclosure is required by state or local law:
This is an attempt to collect a (consumer) aett (claim): Any information obtained wlll be-used'for that purpose.

-- The following disclosure is required by state law if your account invo'ves a debt owed primarily for personal, family, household, or

-- other consumer purpose(s) and you receive this communicaton


This communication is from a debt collector.
in Hawai., Iowa, or Oregon.

-=-
!!!
The following disclosure is required by state law if your account invo \"!!S a debt owed p~imaril) for personal, family, household, or

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other consumer purpose(s) and you receive this communication in Massachuset+s

NOTICE OF IMPORTANT RIGHTS; YOU HAVE THE RIGHT TO MAKE A WRITIEN OR ORAL REQUEST THAT TELEPHONE CALLS

-
!!! REGARDING YOUR DEBT NOT BE MADE TO YOU AT YOUR PLACE OF EMPLOYMENT. ANY SUCH ORAL REQUEST WILL BE
== VALID FOR ONLY 10 DAYS UNLESS YOU PROVIDE WRITTEN CONFIRMATION OF THE REQUEST POSTMARKED OR

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DELIVERED WITHIN SEVEN DAYS OF SUCH REQUEST. YOU MAY TERMINATE THIS REQUEST BY WRITING TO THE
CREDITOR.

This is not a complete list of the rights that you might have The terms above in this Section are defined by applicable state or local
law. Pursuant 15 use ~692a(6)(B) and (F) of the Fair Debt Collection Practices Act, Capita; One Services, LLC is not a debt collector
under federal law

3. Bankruptcy. If you are entitled to bankruptcy protections for your account, this communication is only for informational
purposes. It is not an attempt to collect, assess, or recover a debt or clarr. Do not serd any cayments directly to us without
speaking with your attorney or Bank-uptcy Trustee

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..•'" 4. Electronic Check Conversion. \Vhe:-\ you provde a check 2S r-ayrr.er'':, YOL authc-ize vs etner to use inforroation from your
check to make a one-time electronic fund transfer from your deoost account or to process the payrr.er.t as a check transaction,
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\Vhell we use information from your check to make an electronic fund transfer, funds rray be withdrawn from your deposit
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account as soon as tr-e same day we receive your payment, and you wi;! not receive your checx tack from your financial institution.
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c> Your authorization is not limited by the date on the check.
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5. Interest and Charges Continue to Accrue, All stated amounts are owed on the date of this communication. If applicable,
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'o" your account may be charged interest, late charges, and other Charges that might change from day to day as provided in your
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o agreement. As a result, the amount due 011 the day yo,", pay us 'ray be la 'ger t+ian the amount stated in this cornrnunicatior-. For
example, if you pal' the amount stated in this communication, your account might stili have a balance after vse receive your
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0- payment. If your account has already charged off, you will not incur any additiona: interest or fees .
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"" 6. Time Period for Payment or Other Action. Unless we provide a specific date, any time period for your payment or other
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~ action begins 011 the date of this communication.
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7, IRS Reporting of Debt Forgiveness. If v>le cancel or forgive $600 or more of principal on a debt you owe, we will provide you
a 1099-( tax form if required by law. Please consult your tax advisor and the instructions accompanying any tax forms for more ~
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8. Credit Reporting of Your Settled Account. If we report your settled account to a consumer reporting agency (creciit bureau),
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Contact Information
'"..•.e- Credit Cards-Collections Credit Cards-Charged Off

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~ ~ 1-800-955,6600 II 1-800-258-9319
Mon-Fri: 8 a.m.-11 p.m. ET & Sat-Sun: 8 a.m.-5 p.m. ET Mon-Fri: 8 a.m.-9 p.m. ET

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