Larry Allen Fail - MacPhale
5470 SO Greenwood St.
Littleton, CO 80120
303-730-2100 / 1-800-722-9529 / Fax 303-347-2100
macphale @ gmail . com www . fail v fail . com
November 19, 2010
The Honorable Mark Parkinson
Governor State of Kansas
State Capitol Bldg
300 SW 10th Ave, Ste 241S
Topeka, KS. 66612-1590
RE: Matters of Urgent Concern - Wrongful Death of Ivan J. Fail, Civil &
Criminal Conspiracy to Commit Fraud, & Other Crimes by Defendants &
Wichita Lawyer Brian Grace.
Wilson County District Court Case No. 2006 CV 25.
Court of Appeals, State of Kansas, Case No. 2999-102,665.
Supreme Court, State of Kansas, Petition For Review Filed & Pending.
Office of Disciplinary Administrator, State of Kansas,
MacPhale vs Grace. Complaint No. DA 10,634.
Client Protection Fund Commission, MacPhale vs Grace.
Claim No. CPF-199-01-10.
Dear Governor Parkinson,
As Governor of Kansas I think that you would want to know what is taking place in the great State of which you Govern.
I was born there in Neodesha on January 18, 1941 as Larry Allen Fail. I legally changed my last name to MacPhale in 1986. My father Ivan J. Fail was a good father, a good farmer, and decent and fair man. I moved to Colorado in 1967. My two Great Grandfathers on my Father's side of the Family are buried here in Colorado. My Parents are buried in Altoona Kansas. I still love and miss my Kansas home.
There are times in life when things happen to us that are most difficult to understand and/or endure. The death of my mother on January 31, 2000 was one of those times. While it was hard to endure I could understand her passing as she was 88 years old and no one can live forever as much as we may want them to.
The death of my father on December 21, 2005 was another one of those difficult times. It was especially hard to endure because I also lost my sister and my two brothers and $600,000 worth of prime farm land that I worked on as a kid. I lost it all at the same time on that day that my father passed. Both of my parents were wonderful honest hard working people that loved and cared for their children and lived by the Golden Rule.
The loss of my three siblings upon my father's death and the taking of my land and inheritance by them and my sister June Dedeke's son in Law - Leavenworth Lawyer Gary A. Nelson has been the most difficult experience in my life as well as for my children. While in her care my sister got my 91 year old father to sign a Transfer on Death Deed transferring my $600,000 worth of land to her daughter and Leavenworth Lawyer Gary A. Nelson upon my father's death. I discovered this dastardly deed a few weeks before my father's death and called my older brother Ivan Lee Fail who alerted my sister that I knew about the deed. My sister had my father's Medical Power of Attorney and used it to rush my father to the Prairie Village Retirement Home in St. Paul Kansas. She issued a "No Contact Order" against me thereby preventing me from seeing or talking with my father to get the deed corrected.
He died before I could get Legal Help so that I could see him. She had him in the Ground within 48 hours. In my opinion she killed him, and/or was involved in his death. She is a Nurse and had been in charge of all of his meds for many months. Her Daughter Tonia Dedeke - Nelson is an RN Nurse. They had the knowledge, the motive and the opportunity to kill him as I will explain herein. My two brothers and others are with knowledge. My two brothers Ivan Lee and John Roy Fail split the land with my sister and the Nelsons and also with my younger brother's girlfriend Patty Hon. He deeded Patty Hon the 360 acres that my dad left him and also his interest in my land two hours after my father died.
My father allegedly died of Congestive Heart failure.
"¢ See attached article titled. "ACQUIRED DELAYED RECTIFIER CHANNELOPATHIES: HOW HEART DISEASE AND ANTIARRHYTHMIS DRUGS MIMIC POTENTIALLY-LETHAL CONGESTIVE CARDIAC DISORDERS."
I contacted the County Attorneys of both Wilson and Neosho Counties and advised them that my father may have been the victim of foul play. Their comments to me were, "old men die every day, there is nothing that I can do for you."
The motive of revenge went back over twenty (25) years. In the late 70's my dad had loaned my sister and her paranoid dysfunctional alcoholic husband Walter Eugene Dedeke an estimated $175,000. They refused to pay him back and sued him and filed bankruptcy against him in an attempt to defraud him. Dad had to file an eviction action against them to get them off the land. Leavenworth lawyer Bill Prey was my father's attorney and filed the Motion to evict. As a result of these dark circumstances and my sister and her husband's desire for revenge they would not let our father to see their two children, his grandchildren Tonia and Terry for ten years.
(All Documents related to the eviction issue and the Dedeke Death Threats are enclosed.)
After all of those years and all too many tears shed and daddy being ill and 92 years old and sitting on $2,000,000 worth of land, June & Gene Dedeke decided to come home and take care of Daddy. They took care of Daddy alright.
(Copies of all Documents filed with the FBI regarding the Dedeke Death Threats against Ivan J. Fail are available upon request by any interested party.)
My sister convinced my dad to sign two Transfer on Death Deeds on April 11, 2005. One deed giving the land that my parents wanted her to have to her daughter Tonia and her husband Leavenworth Lawyer Gary A. Nelson. There was a prior 2000 deed (executed after my mother's death in 2000.) with only June Dedeke's name on it. June Dedeke had the 2005 deed signed to defraud Medicaid as she had breast cancer and had applied and gotten Medicaid. She has made a full recovery and is now financially secure with a good income from the sale of her 200 acres she got from dad and her mineral income.
The other April 11, 2005 Transfer on Death Deed that my sister had my dad sign was for the land that both of my parents wanted me and my children to have. The names that my Sister June and Gary & Tonia Nelson had placed on the deed to my land was Leavenworth lawyer Gary A. Nelson, his wife Tonia along with the names of my two brothers Ivan Lee Fail & John Roy Fail. The names on the previous 2000 deed to my land were my sister June Dedeke and my two brothers.
They were holding the land in trust for me per agreement with them, my father and mother and me. I had requested that my father take me out of his and my mother's identical Wills in 1999 shortly before my mother passed to protect the Estate from Civil Litigation that was involved with as a Plaintiff in Colorado. It took me 13 years from 1990 to 2003 to prevail and win a large seven figure Jury award in U S Federal District Court in Denver against both the Defendant and his wife, the Kolbjornsens. I had filed the 1990 case when Ex-Lawyer Employee Kenneth Edward Kolbjornsen breached our non-compete agreement and started a competing business and put me out of business. The Colorado Supreme Court disbarred him for committing Bankruptcy Fraud against me. He had destroyed his books. I spent $20,000 on a CPA to reconstruct his books which also revealed that he had defrauded the IRS out of $40,000 per year for seven Years. I reported this to the IRS three different times and was told each time that they were not interested and not to contact them again. The lawyer's is Kenneth Edward Kolbjornsen. You can find him and my case on Google.
Lawyer Gary A. Nelson Committed perjury in the 2006 Wilson County Case, Fail v Fail. He did so in his deposition when he stated that he had no knowledge of the April 11, 2005 deed with his name on it until Ivan J. Fail was buried on December 23, 2005. The Executor of the Estate, lawyer John Rubow testified in his deposition that Gary Nelson had called him and told him how he wanted his name to read on the deed. This had to be before April 11, 2005. To add insult to injury, I have hired seven different lawyers and paid them money to help me in this case to get my land back. Following is a critique of their job performance.
Attorney Chuck Apt. The first lawyer that I hired was from Iola Kansas. His name is Chuck Apt. I hired Mr. Apt and paid him several thousand dollars the same day that I buried my father. Mr. Apt was admittedly ill equipped to help me do anything in my case including helping me see my father before he died, filing a Motion for an autopsy of my father's body as I had requested the day that I hired him, and/or handling my case in any way whatsoever. He told me that he had never filed a motion for an autopsy before. After an extended period of time with nothing filed in the case, Mr. Apt told me, "This case is way over my head." He referred me to lawyer Ted Knopp in Wichita Kansas. I would rate attorney Chuck Apt as a "D" for dumb.
Ted Knopp. The second attorney in the case was Ted Knopp. I hired and paid Ted Knopp a large retainer and asked him to file a Motion for an autopsy. When I later pressed him on my request, Mr. Knopp told me that if I filed a Motion for an Autopsy that it would "inflame your sibling defendants." Mr. Knopp filed the first Petition/Complaint in the case. He then failed and refused to aggressively pursue the case. He failed and refused to take forward moving pro-active action with Motions for Discovery and Depositions in the case. Ted Knopp sat through my deposition like a knot on a log while Nelson and his wife Tonia obtained information that they later used against me by deceitful manipulation and distortion of the facts and perjury. He only reacted to various Motions for, Discovery and Depositions from my adversary, forward moving aggressor Leavenworth Lawyer Gary A. Nelson. Lawyer Nelson is a defendant in the case representing himself and his wife (both names on the deed) and all the other defendants in the case except Chanute Lawyer John Rubow who is represented by Ft. Scott lawyer Steve Doering. Attorney Knopp focused the majority of his time and effort on discussing his fees, and writing letters to me asking for more and yet more money. He wasted a lot of his clients funds attempting to consolidate the Neosho County (where Mr. Fail passed) Probate Case with the Wilson County (where Mr. Fail lived) Civil Case. The reason he gave for taking this ill advised and misguided action was as follows. He told me that Attorney Chuck Apt had told him the following. "Get the case out of Neosho County because the Executor Defendant in the Case lawyer John Rubow and Neosho County District Court Judge Tim Brazil are to close." Mr. Knopp told me that we would lose in front of Judge Brazil. The time and money wasted on this expensive detour should have been spent on deposing the Defendants and Discovery and other issues to move the case forward.
My older brother Ivan Lee Fail wrote a derogatory and threatening letter to Ted Knopp telling him that his practice would suffer if he continued to represent me. Soon after my Son Adam and I were grilled in a deposition by Defendant/Beneficiary/Grantee/Lawyer Gary A. Nelson. Shortly thereafter Ted Knopp withdrew and filed a Lien against the case for yet more legal fees. Shortly before he withdrew Mr. Knopp had told me that he thought the defendants were good people and he suggested that I settle the case for whatever the defendants would give me out of the goodness of their hearts. I approved of a settlement offer suggested by Ted Knopp to the Defendants which represented about 10 cents on the dollar. He received word back from Lawyer from Gary A. Nelson telling us the following. "The defendants decided not to dignify your offer by responding." We discovered that the defendants have no goodness in their hearts. I would rate Lawyer Ted Knoop with a "G" as in Greed which is worse than an "F".
Attorney Kurt Kluin. The third lawyer on the case was Chanute Lawyer Kurt Kluin. I paid him a cash retainer up front and paid his monthly statements. Mr. Kluin filed the first amended Petition/Complaint in the Case adding Chanute Attorney John Rubow as a defendant as the Executor of the Estate. While Chanute Attorney Kluin was helpful and seemed motivated early on in the Case, he quickly succumbed to pressure (real and/or imagined) from Chanute attorney John Rubow and told me, "I have to work with him (John Rubow) every day, and withdrew from the case telling the Court that I was unable to pay his legal fees. I was 30 days current on my bill when he withdrew. While I believe that Kurt Kluin is a reputable lawyer and decent person it counted for little in my case. As in many cases, local politics rule locally.
Additionally and again my older brother Ivan Lee Fail wrote a derogatory and threatening letter to Kurt Kluin as he did Ted Knopp telling Mr. Kluin that his practice would suffer if he continued to represent me. I would rate Mr. Kluin as a "C" as in Coward.
The day we buried my Dad, my son Adam asked Ivan Lee why they would not let us see Grand Pa before he died. He told my son. "It's Larry's fault that you were not allowed to see your Grand Pa before he died, you see Larry has to pay for his bad conduct." He then told me. "You and Dad had it your way all of these years, now you are not going to have it your way any longer." You can see this do gooder Ivan Lee Fail in his White Hat on Google with all the Veteran memorials he likes to boost about.
Attorney Brian Grace.
Lawyer Brian Grace coulda, shoulda (not really I discovered) been the forth attorney in the Case.
As a result of Leavenworth Lawyer Grantee/Beneficiary/Defendant Gary A. Nelson placing a call to Brian Grace and demoralizing him with negative and defaming statements about me and the case, thereby encouraging Brian Grace to take and keep my money and then decline to take the case. Aside from lawyer Gary A. Nelson, the worst thief with a liar's degree in this case has been Lawyer Brian Grace. Upon the recommendation of Linda Parks the President of the Kansas Bar Association at the time, I mailed Brian Grace $2,500 that I had to borrow from a pawn shop at 120% interest after the other lawyers had their way with me. It has cost me over $7,500 and counting in interest, and my 1951 Ford that I have owned for 30 years is still in hock. Lawyer Grace-less did absolutely nothing except defraud me. He has gotten by with it, shut off his phone, closed his office, turned in his law license in and disappeared with his ill gotten gain. The $2,500 judgment that I got against him in Sedgwick County Small Claims Court has proven to be worthless. The Client Protection Fund Commission swallowed the trumped up bogus billing statements submitted by Lawyer Grace-less and awarded me the anemic & paltry amount of $865.86. It may be good enough for Government work but it is a disgrace and a slap in the face of justice and fairness. I would rate Lawyer Brian Grace-less as a "C" as in Criminal.
See www.failvfail.com. Press the Brian Grace-less button and read the rest of the story and listen to my song "Money that's all everyone seems to want. "
Defendant /Lawyer Gary Nelson filed an overly burdensome Motion for a Summary Judgment. I hired another lawyer (not of record) and an unrelated paralegal that helped me, research, prepare, write and file an incomplete response. It was incomplete as I was undergoing Prostrate Cancer Treatments, a Heart Stint and was suffering from acute Diverticulitis. In other words I was sick and broke.
It was granted by Wilson County District Judge Rogers. Judge Rogers would not admit many of my Documents of Evidence including memorialized statements of my father stating the he wanted me to have the land at issue. I also had to and pay money to file a Motion in response to Attorney/Beneficiary/Defendant Gary A. Nelson's Motion for Attorney Fees. Over the last five (5) years since my father passed I have fought the battle to get the land that both of my Parents wanted me to have for my Children. I have called and talked with over one hundred (100) Kansas Lawyers in an attempt to get help. The Orphan Child of Justice Still Cries in the Streets. All but seven lawyers either told me it was not there cup of tea, or they were conflicted out, or asked for so much money that I would have had to deed over the farm to them. The Small Town Lawyers in South East Kansas told me that they knew the players in the case and did not want to get involved. The Big City Lawyers told me that they did not want to get "Small Towned." The few that got involved with the exception of fewer kicked the corpse, picked his pockets and withdrew.
If not too late, I finally found an honest knowledgeable attorney to help me. He is Wichita Attorney Jim McIntyre. He is the only lawyer who has believed me, and/or understands the real issues in the case. Under the adversity of entering the case late after a Summary Judgment, Jim has been aggressive, competent, fair, honest and reasonable on his fees in addition to being loyal and staying with me to the end, whatever that may be.
After I lost the Summary Judgment filed by Defendant/Attorney Gary A. Nelson, attorney Jim McIntyre filed an appeal with the Kansas Court of Appeals. The Court of Appeals asked a few questions and affirmed the lower Court's Summary Judgment. Jim has filed a Judicial Review with the Kansas Supreme Court and the case is now hanging by a thread. www.faivfail.com
Issues of extreme concern;
Attorney/Defendant/Beneficiary Lawyer Gary A. Nelson represented Ivan J. Fail in various legal matters as his attorney. He assisted in having his name placed on deeds to Real Estate belonging to Ivan J. Fail that both Ivan J. Fail and Helen B. Fail (deceased January 31, 2000) wanted Larry Allen Fail and his children to inherit.
Wilson County District Court Judge David Rogers and Lawyer /Defendant Gary A. Nelson grew up in South East Kansas knowing each other over a long period of time. Judge Rogers' father, the late Steven Rogers was my Ex wife's Divorce Lawyer in 1964. Judge Donaldson granted her the right to remove my two daughters Deb and Pam from the State. The miniscule visitation provision in the case left sole discretion with my late ex-wife Joan Julian – Fail, (Deceased May 2009) to notify me when she was in the state. She never complied and the County Attorney charged me $20 in 1974 when I went and talked to him about Contempt issues and assistance in seeing my daughters. I lost them after spending money on lawyers in two states to help me see my daughters.
Circumstances surrounding the death of Ivan J. Fail on December 21, 2005.
Beneficiaries/Grantees/Receivers of Real Estate in Wilson County Kansas, upon learning that intended Beneficiaries/Grantees/Receivers Larry Allen Fail & Adam Lawrence Fail had discovered and gained knowledge of a Transfer on Death Deed to take Real Property from them placed the Grantor Ivan J. Fail in a Rest Home and issued a No Contact Order to The Prairie Village Rest Home in St Paul Kansas thereby preventing Larry & Adam Fail from talking with and/or seeing Ivan J. Fail until after his death. Then the Beneficiaries/Grantees/Receivers had Ivan J. Fail Buried within 48 hours after his death. On December 23, 2005 the Funeral Directors in Chanute Kansas told Larry & Adam Fail that they had an open schedule for Funerals. This is in conflict with what John Roy Fail told Larry Fail on or about December 21, 2005 in stating that the Funeral Home had no other time available for the Funeral. John Fail also knowingly gave a wrong address and city for the Funeral. He gave the City of Thayer when the Funeral was held in Chanute.
Please review the enclosed and let me hear from you and what you plan to do about the crimes committed by Lawyer Brian Grace, and the defendants in the Fail v Fail Case.
Larry Fail - MacPhale
cc: With Docs
Jim McIntyre, Attorney at Law.
Stan A. Hazlett, Office of the Disciplinary Administrator.
Steve Six, Kansas Attorney General Consumer Protection Division.
Nola Foulston, District Attorney Sedgwick County Kansas.
Robert E. Blecha, Director of the Kansas Bureau of Investigation.
Brian A. Truchon, Special Agent in Charge, Federal Bureau of
Richard L. Hines, Attorney at Law
Randy Wharton, Attorney at Law.
Scott Johnson, Attorney at law.
cc: No Docs
Chuck Apt, Attorney at Law.
Ted Knopp, Attorney at Law.
Kurt Kluin, Attorney at law.
Brian Grace - Ex Attorney at Law.
Documents & Letters Enclosed
www.failvfail.com Web Site - Front page & Larry Fail - MacPhale
Review about: Lawyer.