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DENNIS PARR Officers of the Arapahoe County District Court Unscrupulous criminal officers of the Colorado Judicial Branch attack innocent Trust for $2,000,000.00 Centennial Colorado
NOTICE OF INTENT TO FILE SUIT SUPPORTED BY AFFIDAVIT
LARRY W. PARR LIVING TRUST
The following parties are hereby notified of the intent to file suit by the Larry W. Parr Living Trust:
Mr. Martin J. Plank, Esq. Registration #19928
3900 East Mexico Avenue, Suite 1300, Denver, CO 80210
Registered Mail #7014 1200 0000 0980 4996
Associated Law Firm / Respondent Superior:
Dworkin, Chambers, Williams, York, Benson & Evans, P.C. Mr. David Dworkin, Esq. Reg. #14982; Mr. Greg Chambers, Esq. Reg. #14028; Ms. Geri Obrien Williams, Esq. Reg. #22984; Mr. Steven York, Esq. Reg. #19418; Mr. Gary Benson, Esq.Reg.#19681; Ms. Melissa Loman Evans, Esq. Reg. #27384
3900 East Mexico Avenue, Suite 1300, Denver, CO 80210
Registered Mail #7014 1200 0000 0980 5009
Mr. Woodson Randolph Barnhart, Esq. Registration #5186
3200 Cherry Creek Drive South Suite 380 Denver, CO, 80209
Registered Mail #7014 1200 0000 0980 5016
Associated Law Firm / Respondent Superior:
Antonio Bates Bernard PC, Mr. Ronald Antonio Reg.#9613; Mr. Brian Bates Reg.#15888; Ms. Roxie Bernard Reg. #15897
W. Randolph Barnhart P.C.
3200 Cherry Creek Drive South Suite 380 Denver, CO, 80209
Registered Mail #7014 1200 0000 0980 5023
Melissa Hailey, Esq. Registration #42836
3200 Cherry Creek Drive South Suite 380 Denver, CO, 80209
Registered Mail #7014 1200 0000 0980 5030
Associated Law Firm / Respondent Superior:
Antonio Bates Bernard PC Mr. Ronald Antonio Reg.#9613; Mr. Brian Bates Reg.#15888; Ms. Roxie Bernard Reg. #15897
W. Randolph Barnhart PC
3200 Cherry Creek Drive South Suite 380 Denver, CO, 80209
Registered Mail #7014 1200 0000 0980 5023
Mr. Dennis Parr
2727 W. Union Ave., Englewood, CO 80110
Registered Mail #7014 1200 0000 0980 4989
Arapahoe County District Court
c/o: Chief Justice Carlos Seymour
Arapahoe County Justice Center 7325 S. Potomac Street Centennial, CO 80112
Registered Mail #7014 1200 0000 0980 5047
Benjamin Shloss, Esq. Registration #39276
1660 Lincoln St., Suite 1850 Denver, Colorado 80264
Registered Mail #7014 1200 0000 0980 5054
Associated Law Firm / Respondent Superior:
Kutner Brinen Garber, P.C. Mr. Lee Kutner, Reg. #10966; Mr. Jeff Brinen Reg. #20565; Mr. Aaron Garber, Reg. #36099
1660 Lincoln Street, Suite 1850, Denver, CO 80264
Registered Mail #7014 1200 0000 0980 5061
Mr. Jeffrey Brinen, Esq. Registration #20565
1660 Lincoln St., Suite 1850 Denver, Colorado 80264
Registered Mail #7014 1200 0000 0980 5078
Associated Law Firm / Respondent Superior:
Kutner Brinen Garber, P.C. Mr. Lee Kutner, Reg. #10966; Mr. Jeff Brinen Reg. #20565; Mr. Aaron Garber, Reg. #36099
1660 Lincoln Street, Suite 1850, Denver, CO 80264
Registered Mail #7014 1200 0000 0980 5061
Arapahoe County District Court the Honorable Judge Timothy Fasing
Arapahoe County Justice Center
7325 S. Potomac Street Centennial, CO 80112
Registered Mail #7014 1200 0000 0980 5085
Mr. Sean Paris, Esq.; Registration #28080
14142 Denver West Parkway, Suite 200 Building 51, Lakewood, Co. 80401
Registered Mail #7014 1200 0000 0980 5092
Associated Law Firm / Respondent Superior:
Pearson & Paris P.C.
14142 Denver West Parkway, Suite 200 Building 51, Lakewood, Co. 80401
Registered Mail #7014 1200 0000 0980 2923
Mr. James Pearson, Esq. Registration #9127
14142 Denver West Parkway, Suite 200 Building 51, Lakewood, Co. 80401
Registered Mail #7014 1200 0000 0980 5108
Associated Law Firm / Respondent Superior:
Pearson & Paris P.C.
14142 Denver West Parkway, Suite 200 Building 51, Lakewood, Co. 80401
Registered Mail #7014 1200 0000 0980 2923
Ms. Maren Skulborstad, Esq.
14142 Denver West Parkway, Suite 200 Building 51, Lakewood, Co. 80401
Registered Mail #7014 1200 0000 0980 5115
Associated Law Firm / Respondent Superior:
Pearson & Paris P.C.
14142 Denver West Parkway, Suite 200 Building 51, Lakewood, Co. 80401
Registered Mail #7014 1200 0000 0980 2923
*ABA Model Rule of Professional Conduct 8.3(a) requires a lawyer “who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer” to “inform the appropriate professional authority.”
AFFIDAVIT OF THE TRUSTEE OF THE LARRY W. PARR LIVING TRUST,
MR. LARRY PARR
STATE OF COLORADO )
)
COUNTY OF ARAPAHOE )
THE AFFIANT, Mr. Larry Parr, solely as Trustee of the Larry W. Parr Living Trust, swears and affirms under penalty of perjury as follows:
1) On April 17, 2015, Dennis Parr and his attorneys, Mr. Martin Plank, Esq., Mr. Randolph Barnhart, Esq., Ms. Melissa Haley, Esq., and their associated law firms filed a proposed ORDER for Judgment which fraudulently included the Larry W. Parr Living Trust as a Defendant/Respondent and as an entity jointly responsible for monetary damages in the amount of $1,949,070.79 in Case No. 11PR828; Arapahoe County District Court.
2) On April 30, 2015, the Honorable Timothy Fasing signed said ORDER with no changes.
3) On May 5, 2015, Mr. Martin Plank, Esq., attorney for Mr. Dennis Parr, filed said Judgment with the Arapahoe County Clerk and Recorder(Reception no. D5046310); fraudulently encumbering the title of properties belonging to the Larry W. Parr Living Trust.
4) The Certified Registry of Actions states that Larry W. Parr Living Trust was never named as a Defendant nor was it served process notice required under Colorado Rules of Civil Procedure Rule 4(e)(E):
C.R.C.P. Rule 4. Process
(e) Personal Service. Personal service shall be as follows:
(E) A trustee of a trust, or that trustee's secretary or assistant;
5) The Certified Registry of Actions in Case No. 11PR828 indicates that the Larry W. Parr Living Trust was never served notice as required under C.R.C.P. Rule 4.
6) Mr. Dennis Parr and his associate attorneys knew, or should have known, that the Larry W. Parr Living Trust was never served Notice as required under CRCP Rule 4 and as such, it has never been a party to Arapahoe County District Court Case No. 2011PR828 or Case No. 2007PR579. That did not stop Mr. Dennis Parr and his associate attorneys from then fraudulently submitting documents to the Court concerning the Larry W. Parr Living Trust which they knew were false and fraudulent, committing a Fraud on the Court.
7) On July 10th, 2012, Mr. Dennis Parr and his associate attorneys filed suit in Arapahoe County District Court as Interveners in Case No. 2011PR828 (Associated with 2007PR579.)
8) The Certified Registry of Actions in Case No. 11PR828 states that ONLY Arapahoe Storage, Inc., and Mr. Larry Parr, personally, are named as Defendants by Mr. Dennis Parr and his associate attorneys.
9) Colorado Rules of Civil Procedure Rule 16(8) states as follows:
CRCP RULE 16(8) Time to Join Additional Parties and Amend Pleadings.
(8)No later than 119 days (17 weeks) after the case is at issue, all motions to amend pleadings and add additional parties to the case shall be filed.
10) In accordance with CRCP Rule 16(8), Mr. Dennis Parr and his associate attorneys knew, or should have known, that they had until November 07, 2012, to add additional parties in Arapahoe County District Court Case No. 2011PR828 (i.e., Larry W. Parr Living Trust.)
11) The Certified Registry of Actions indicates that they did not add additional parties (i.e., Larry W. Parr Living Trust) in Arapahoe County District Court Case No. 2011PR828 or Case No. 2007PR579.
12) Mr. Dennis Parr and his associate attorneys knew, or should have known, that any attempt to include Larry W. Parr Living Trust in Arapahoe County District Court Case No. 2011PR828 and/or Case No. 2007PR57 after November 7, 2012, in submittals filed into said Court would constitute willful and wanton Fraud on the Larry W. Parr Living Trust and Fraud on the Court. This includes, but is not exclusive of, the Arapahoe County District Court and/or any United States Court including the United States Bankruptcy Court, District of Colorado (i.e., Case No. 15BK14201SBB, re: Larry W. Parr Chapter 11)
13) "Fraud upon the court" makes void the orders and judgments of that court. It is also clear and well-settled law that any attempt to commit "fraud upon the court" vitiates the entire proceeding. The People of the State of Illinois v. Fred E. Sterling, 357 Ill. 354; 192 N.E. 229 (1934) ("The maxim that fraud vitiates every transaction into which it enters applies to judgments as well as to contracts and other transactions."); Allen F. Moore v. Stanley F. Sievers, 336 Ill. 316; 168 N.E. 259 (1929) ("The maxim that fraud vitiates every transaction into which it enters ..."); In re Village of Willowbrook, 37 Ill.App.2d 393 (1962) ("It is axiomatic that fraud vitiates everything."); Dunham v. Dunham, 57 Ill. App. 475 (1894), affirmed 162 Ill. 589 (1896); Skelly Oil Co. v. Universal Oil Products Co., 338 Ill. App. 79, 86 N.E.2d 875, 883-4 (1949); Thomas Stasel v. The American Home Security Corporation, 362 Ill. 350; 199 N.E. 798 (1935). When any officer of the court has committed "fraud upon the court", the orders and judgment of that court are void, of no legal force or effect. A court may at any time set aside a judgment for after discovered fraud upon the court. Hazel-Atlas Glass v. Hartford, Out of deference to the deep rooted policy in favor of the repose of judgments... courts of equity have been cautious in exercising their power [in upsetting judgments]. But when the occasion has demanded, where enforcement of the judgment is 'manifestly unconscionable' . . . they have wielded the power without hesitation." Hayden v. Rumsey Products, 196F.Supp.988 (W.D.N.Y. 1951).
14) On May 8th, 2013, Mr. Larry Parr and Arapahoe Storage, Inc. retained the law firm Pearson & Paris P.C. and specifically attorneys James Pearson, Sean Paris, and Maren Skulborstad, paying them in excess of $90,000 in attorney fees over the next 18 months in Arapahoe County District Court Case No. 2011PR828 and Case No. 2007PR579.
15) According to the Certified Registry of Actions, in November, 2014, Pearson & Paris P.C. scheduled a 4 day hearing set for April 6-9, 2015 in Arapahoe District Court Case No. 2011PR828 in front of the Honorable Timothy Fasing.
16) According to the Certified Registry of Actions, on February 17, 2015, without reasonable explanation or warning, Pearson & Paris P.C. Motioned the Court to Withdraw from Representation of Mr. Larry Parr and Arapahoe Storage, Inc. which was granted by the Honorable Judge Fazing on March 10th, 2015, less than 30 days before the 4 day scheduled trial of April 6-9, 2015, stating specifically that Mr. Larry Parr had not filed an objection when in fact he had through his attorneys Pearson & Paris P.C.
17) That same day, before the Motion had been filed with the Court, Mr. Larry Parr notified Pearson & Paris P.C. by e-mail, which was verified as received by Pearson & Paris P.C., that he objected to their withdrawal at this late date when they had been preparing for and charging attorney’s fees for the previous two years.
18) Pearson & Paris P.C. had a fiduciary duty to Arapahoe Storage Inc. and Mr. Larry Parr to submit said Objection to the Court, but did not according to the Certified Registry of Actions. This willful and wanton fraudulent act is further supported by the Court’s finding in DENYING Mr. Larry Parr’s Forthwith Motion for a Continuance on March 26, 2015 by the Court stating that Mr. Larry Parr had not filed an Objection. This illustrates a further Fraud on the Court by Pearson & Paris P.C. and their associate attorneys and a breach of fiduciary responsibility to Mr. Larry Parr and Arapahoe Storage Inc.
19) On April 21, 2015, Mr. Larry Parr personally filed for Chapter 11 Bankruptcy, C.N. 15BK14201SBB, in an effort to stop these illegal actions by Mr. Dennis Parr and his associate attorneys.
20) On May 1, 2015 Mr. Dennis Parr and his associate attorneys and their respective law firms, including Mr. Jeff Brinen and associate law firm Kutner, Brinen, Garber P.C.; Mr. Martin Plank and associate law firm Dworkin, Chambers, Williams, York, Benson and Evans P.C.; and Mr. Randolph Barnhart and associate law firm Antonio Bates Bernard P.C., filed an Emergency Motion for relief from Stay in Mr. Larry Parr’s Chapter 11 Bankruptcy, C.N. 15BK14201SBB, referring over and over to the fraudulently signed Judgment in Arapahoe District Court Case No. 11PR828 that was completely published by Mr. Dennis Parr’s attorneys. Said fraudulent document falsely includes Larry W Parr Living Trust as a Defendant and jointly responsible for a $1,949,070.79 Judgment. Said submission is yet another Fraud on the Bankruptcy Court that willfully, wantonly and adversely affects a non-party to the action, the Larry W. Parr Living Trust.
21) The actions of Mr. Dennis Parr and all of his associate attorneys have fraudulently encumbered the property of Larry W. Parr Living Trust in Federal violation of due process of law. Further, these intentional actions have caused severe financial and mental anguish to its’ Trustee, Mr. Larry Parr.
Dated this 3th day of June, 2015
_____________________________
Mr. Larry Parr solely in his capacity as Trustee of Larry W. Parr Living Trust
Subscribed and sworn before me this __________day of June, 2015.
________________________________________
Notary Public
My Commission Expires __________________________
AFFIDAVIT OF THE LARRY W. PARR LIVING TRUST BY ITS’ TRUSTEE, MR. LARRY PARR
COUNTY OF ARAPAHOE )
)
STATE OF COLORADO )
THE AFFIANT Larry Parr, solely as Trustee of the Larry W. Parr Living Trust, do hereby state and affirm, under penalty of Perjury, as follows:
10.The Larry W. Parr Living Trust considers any recording or any filing with any Court, State or Federal, of the proposed signed April 30, 2015, Judgment naming the Larry W. Parr Living Trust as a Defendant, Respondent, and jointly responsible for a Fraudulent Judgment in excess of $1,949, 070.79, to be a Fraud on the Court and further evidence of complicity in the conspiracy of criminal felonious actions by those who file, submit, or use said document for the direct or indirect benefit of Mr. Dennis Parr in his criminal actions.
11.The above affidavit was as an advisory filed with the following Court Cases:
12.Arapahoe County District Court Case Nos. 2011PR828; 2007PR579 and 2013CV31096 and Colorado Federal Bankruptcy Case No. 15BK14201SBB.
13.The above affidavit was Certified Mailed to the following parties:
14.Mr. Dennis Parr(CM 7015 0640 0000 2729 6083), Mr. Martin Plank, Esq. (CM 7015 0640 0000 2729 6076), Mr. Jeffrey Brenin, Esq. (CM 7015 0640 0000 2729 6069), Dworkin, Chambers, Williams, York, Benson & Evans, P.C. (CM 7015 0640 0000 2729 6052), Mr. Randolph Barnhart, Esq. (CM 7015 0640 0000 2729 6045), Ms. Melissa Hailey, Esq. (CM 7015 0640 0000 2729 6038), Antonio Bates Bernard P.C. (CM 7015 0640 0000 2729 6021), Ms. Judy Simmons (CM 7015 0640 0000 2729 6014), Judge Fasing (CM 7015 0640 0000 2729 6229), Arapahoe County District Court c/o Chief Justice Seymour (CM 7015 0640 0000 2729 6236), Colorado Supreme Court c/o Terry Morrison, Esq. (CM 7015 0640 0000 2729 6246), Mr. Benjamin Shloss, Esq. (CM 7015 0640 0000 2729 6250), Mr. Jeffry Brinen, Esq. (CM 7015 0640 0000 2729 6205), Kutner Briner Garber P.C. (CM 7015 0640 0000 2729 6212), Mr. Sean Paris, Esq. (CM 7015 0640 0000 2729 6199), Mr. James Pearson, Esq. (CM 7015 0640 0000 2729 6175), Ms. Maren Skulborstad, Esq. (CM 7015 0640 0000 2729 6182), Pearson & Paris, P.C. (CM 7015 0640 0000 2729 6151), Mr. Gary Stevens (CM 7015 0640 0000 2729 6168), Ms. Tamra Palmer (CM 7015 0640 0000 2729 6144), Ms. Jennifer Gormley (CM 7015 0640 0000 2729 6137), Ms. Catherine Seal, Esq. (CM 7015 0640 0000 2729 6120), Colorado Bar Association (CM 7015 0640 0000 2729 61).
15.The above affidavit is presently being submitted to various local, state and Federal law enforcement agencies for criminal prosecution of Mr. Dennis Parr and associates.
Dated this 8th day of June, 2015 by the Affiant, Mr. Larry Parr, solely as Trustee of the Larry W. Parr Living Trust.
_________________________
/s/Larry Parr
Subscribed and sworn before me this ______day of June, 2015
_________________________
Notary Public
My Commission expires:______________________
Martin Plank, Martin J. Plank, Marty Plank, Martin J. Plank, P.C., Martin Joseph Plank, Martin Plank Esq., Kim Plank, Madison Plank, Dworkin, Chambers, Williams, York, Benson & Evans, P.C., Dennis Parr Jeffrey Brenin, Esq., Mr. Randolph Barnhart, Esq., William Barnhart, Julia Phillips, Elizabeth Barnhart, Michael Barnhart, Woodson Barnhart, Jason Hillyard, Melissa Hailey, Esq., Antonio Bates Bernard P.C. Judy Simmons, Judge Timothy Fasing Arapahoe County District Court C/O Chief Justice Seymour Colorado Supreme Court C/O Terry Morrison, Esq. Mr. Benjamin Shloss, Esq., Benjamin Shloss, Ben Shloss, Nancy Shloss, Sidney Shloss, Stephen Shloss, Brian Shloss, Marguerite Shloss, Jennifer Shloss, Jeffrey S. Brinen, Jeffry Brinen, Esq., Kutner Briner Garber P.C., Kutner Miller Brinen P.C., Jennifer Brinen, Frieda Weisbond, Trudyl Brinen, Phillip Brinnen, Gertrude Brinnen, Henry Barber, Mr. Sean Paris, Esq., Mr. James Pearson, Esq., Ms. Maren Skulborstad, Esq.Pearson & Paris, P.C., Gary Stevens, Tamra Palmer, Palmer Goertzel & Associates P.C., William Vollman, Maddison Palmer, Glen Parmer, Tamara Lewis, Austin Selvage, Jennifer Gormley, O'melveny & Myers Llp, John Deacy, Colorado Bar Association, Leonard Plank, Leonard Phillip Plank, Sandra Plank, Jacki Plank, Nicholas Plank, Jacqueline Plank, Megan Plank, Patti Plank Patricia Plank, Colorado Office Of Attorney Regulation, Arapahoe County District Attorney’s Office, Arapahoe County Attorney’s Office, Colorado Attorney General, Fbi, Federal Bureau Of Investigation, Federal Justice Department, Arapahoe County District Court, Case No. 2011pr828, Arapahoe County District Court, Case No. 2007pr579, Arapahoe County District Court Case No. 2013cv31096, United States Bankruptcy Court, District Of Colorado, Case. No. 15bk14201sbb,Emma Parr, Colorado Supreme Court Attorney Regulation Committee,
7 Updates & Rebuttals
Probate Watch
Denver,Colorado,
USA
Senator Laura Woods to investigate Colorado Probate Fraud
#8Consumer Comment
Thu, August 06, 2015
Attached is a link to a radio show interview of Colorado Senator Laura Woods on 8/04/2015 concerning an investigation into Probate fraud in Colorado.
https://soundcloud.com/rushtoreason
DENVER POST
DENVER,Colorado,
USA
DENVER POST LEGISLATURE INVOLVED WITH CORRUPTED JUDICIAL OFFICERS.
#8Consumer Comment
Mon, August 03, 2015
Colorado lawmaker pledges probate reform after hearing
victim stories
Two dozen witnesses complain about Colorado system at Capitol hearing
THE SPOT BLOG
A state senator plans to introduce legislation next year that would provide greater protection to families who saw their estates diminished or wiped out by court-appointed fiduciaries.
Laura Woods, an Arvada Republican, took statements from about two dozen people who went Wednesday to a hearing about probate reform. A Senate Democrat, Pat Steadman of Denver, joined her and took notes as family members angrily recounted personal stories.
The senators got about 50 suggestions. Woods said afterward that bipartisan probate court legislation "absolutely" will be on the Senate agenda next year.
The overall goal will be to protect families involved in the probate system, she said. She said those she has met see this pattern: "Instigate, litigate, isolate, medicate, liquidate, take the estate — celebrate."
Woods would like to see an outside review triggered automatically when a certain portion of an estate, perhaps as low as 10 percent, has been spent by a court-appointed fiduciary.
That might have helped Diego Conde, a 20-year-old man who came to the United States from Colombia at age 3.
Conde said his mother built a house-cleaning business and saved $20,000 for his college education before she died of stomach cancer. At 12, he became a foster child, he said, and a lawyer named Tamra Palmer was assigned to conserve his money.
When he went to college, "I had trouble getting her on the phone. My bills weren't getting paid on time. I got an eviction notice."
"I was just very misguided throughout the whole process," he said.
Palmer was dismissed as Arapahoe County's public administrator last year after The Denver Post reported about her business relationship with Jennifer Gormley, a lawyer who collected substantial fees with Palmer in Arapahoe County probate cases.
Palmer could not be reached for comment immediately.
Public administrators are appointed in probate court cases where no heir is named or willing to distribute the assets of an estate. They also may be called as conservators of estates when people are judged incompetent to handle their own finances.
While some who came to Wednesday's hearing complained about Palmer and Timothy Fasing, the probate judge in Arapahoe County, others said they had been victimized by the probate systems in Jefferson and Denver counties.
Many expressed fears of retaliation. Two women donned masks as a television camera ran. "How many in this room have been threatened?" Senate aide Cheryl Steinberg asked. Nearly everyone raised a hand.
One common complaint: If a ward objects to the fees of a guardian, conservator, trustee or other court appointee, the fiduciary can spend the ward's money to battle the ward in court.
Reform ideas among the witnesses ranged from rotating probate judges to changing the judicial retention system, making probate records more accessible and reining in fees of multiple fiduciaries by creating a state Office of Public Guardian.
The latter idea is being promoted by Susan Scott, whose family spent 12 years in Denver's probate court before settling a dispute.
She said her father spent $1.5 million battling a court-appointed trustee and is still in debt from the case. The estate was salvaged only because the family home grew in value during the long court case, she said. Scott also suggested that legislators inquire about money kept in the Denver court's probate registry.
"How many cases? How much money is in there? How is it managed? (The answers) could be quite shocking," she said.
Woods said the probate problems raised at the hearing are not unique to Colorado.
"This is happening across the country," she said. "It's a big problem."
David Olinger: 303-954-1498, dolinger@denverpost.com or twitter.com/dolingerdp
Plank, Martin J. Plank, Marty Plank, Martin J. Plank, P.C., Martin Joseph Plank, Martin Plank Esq., Kim Plank, Madison Plank, Dworkin, Chambers, Williams, York, Benson & Evans, P.C., Dennis Parr Jeffrey Brenin, Esq., Mr. Randolph Barnhart, Esq., William Barnhart, Julia Phillips, Elizabeth Barnhart, Michael Barnhart, Woodson Barnhart, Jason Hillyard, Melissa Hailey, Esq., Antonio Bates Bernard P.C. Judy Simmons, Judge Timothy Fasing Arapahoe County District Court C/O Chief Justice Seymour Colorado Supreme Court C/O Terry Morrison, Esq. Mr. Benjamin Shloss, Esq., Benjamin Shloss, Ben Shloss, Nancy Shloss, Sidney Shloss, Stephen Shloss, Brian Shloss, Marguerite Shloss, Jennifer Shloss, Jeffrey S. Brinen, Jeffry Brinen, Esq., Kutner Briner Garber P.C., Kutner Miller Brinen P.C., Jennifer Brinen, Frieda Weisbond, Trudyl Brinen, Phillip Brinnen, Gertrude Brinnen, Henry Barber, Mr. Sean Paris, Esq., Mr. James Pearson, Esq., Ms. Maren Skulborstad, Esq.Pearson & Paris, P.C., Gary Stevens, Tamra Palmer, Palmer Goertzel & Associates P.C., William Vollman, Maddison Palmer, Glen Parmer, Tamara Lewis, Austin Selvage, Jennifer Gormley, O'melveny & Myers Llp, John Deacy, Colorado Bar Association, Leonard Plank, Leonard Phillip Plank, Sandra Plank, Jacki Plank, Nicholas Plank, Jacqueline Plank, Megan Plank, Patti Plank Patricia Plank, Colorado Office Of Attorney Regulation, Arapahoe County District Attorney’s Office, Arapahoe County Attorney’s Office, Colorado Attorney General, Fbi, Federal Bureau Of Investigation, Federal Justice Department, Arapahoe County District Court, Case No. 2011pr828, Arapahoe County District Court, Case No. 2007pr579, Arapahoe County District Court Case No. 2013cv31096, United States Bankruptcy Court, District Of Colorado, Case. No. 15bk14201sbb,Emma Parr, Colorado Supreme Court Attorney Regulation Committee,
Colorado Probate
Colorado,USA
PROBATE COURT NIGHTMARES, FACEUS & COFFERGROUP
#8Consumer Comment
Tue, July 07, 2015
When preparing your estate there are many things to keep in mind. There is no guarantee you will not end up in Probate even with a will or trust. Here are some problems you can face:
Losing your entire property, assets, retirement money and loved ones. Attorneys in Probate Court will Litigate, Liquidate, Isolate, Medicate, Steal the Estate, and NOT HESITATE!
1. Your Trust or Will can be broken by a Judge. They can and will appoint a Trustee to manage your trust.
2. Court officials like to continue the family fight. More arguing means they continue to get paid from your trust or retirement money.
3. You can become a Ward to the State without medical documentation.
4. Never Trust any attorney when they say “I got your back.” What they mean is “I got your back pocket.”
5. Your family can be evicted from your home by a Trustee who will sell your property.
6. Probate Court will rewrite your Trust. Your parent’s wishes are void, and heirs will receive no inheritance.
7. Probate Court Officials do not care for your family members. They can get restraining orders on you so you can never see your loved ones again.
8. You are likely to spend thousands of dollars defending what used to be yours.
9. Never think your retirement money, Will, Trust, Bank account, Business, or financial instrument is safe!
10. If you become a Ward to the State you lose your civil rights and voice. You pay a Legal Guardian, Guardian ad Litem, Court Attorney, Trustee, conservator, and it will not be your choice. A trustee, conservator, or court fiduciary will hand out your money.
11. Court Officials will drain your Trust or Retirement money to put you on Medicaid, food stamps and long term care.
12. You will be charged hundreds of dollars an hour by the Fiduciary to ask them to pay bills, rent, medical bills, medical supplies and often be denied or delayed. No guarantees.
13. Your Family will lose all assets including college funds, housing, collectables and personal property. There is no oversight on the powers of corrupt Court Officials, the Judge rubberstamps it.
14. You will spend years entangled in Court documents, spending hours preparing motions and figuring out how to do them. Your life will be consumed 24 hours a day.
15. Never think this won’t happen to you!
This is what happens to most families!
Here is a list to avoid Probate Court our families have learned by past mistakes.
1, Spend your money now.
2, Never create a will or Trust especially with arguing family members.
3, Give your property to your children with out a Trust or will. Put it in their names.
4, Never call an attorney thinking they are on your side. They will continue to rake the bills up.
5, Never think this won’ t happen to you.
6, Never think the Colorado Bar association, Grievance Committee and federal Court are easy to ask for help. Most often you will be denied.
7. Court Officials will often threaten you with Contempt charges if you ask anyone for help, or publicize what is happening to you.
Here are some places to go if you become a victim to Probate Court:
Face us (Families Against Court Embezzlement Unethical Standards) faceus.org
Coffergroup ( Coalition of Families For Elder Rights) coffergroup.org
AAAPG.Net ( Americans Against Abusive Probate Guardians)aaapg.net
Nasga ( National Association to Stop Guardian Abuse) stopguardianabuse.org)
Places to get help in Colorado: Legislatures
Town hall meetings:
Upcoming Events
Become involved in efforts to expose Court Fraud! You are your best advocate.
Mr. and Mrs. Leland Coulter
Colorado,USA
Ted Coulter and Paula Coulter file fraudulent Powers of Attorney with Court
#8Consumer Comment
Thu, July 02, 2015
Jefferson County
2010PR210 (also concerning 2013PR56)
In the Matter of the Estate of
Irene C. Coulter, Deceased,
And
Appellant:
PETER COULTER,
v.
Appellees:
PAULA COULTER;
TED COULTER.;
JOHN BERMAN, ESQ.
FILED IN THE COLORADO COURT OF APPEALS NOVEMBER 7, 2013
COURT USE ONLY
PETER COULTER, interested party, heir, pro se
151 Summer Street #654 Morrison Colorado 80465
Phone Number: 303 720-1811
E-mail:AUDIONLY@GMAIL.COM
Court of Appeals
Case Number:
2013CA1453
AMENDED MOTION TO VOID PAULA COULTER’S POWER OF ATTORNEY AND ALL ORDERS AND FINDINGS OF THE DISTRICT COURT, FORENSIC AUDIT, RESTITUTION, ATTORNEY FEES, COSTS AND SANCTIONS OR ALTERNATIVELY FOR LEAVE AND REMAND TO THE DISTRICT COURT PURSUANT TO CRCP RULE 60
Court of Appeals, State of Appeals
2 East 14th Ave.
Denver, Colorado 80203
303 861-1111
___________________________________________________
Jefferson County
2010PR210 (also concerning 2013PR56)
In the Matter of the Estate of
Irene C. Coulter, Deceased,
And
Appellant:
PETER COULTER,
v.
Appellees:
PAULA COULTER;
TED COULTER;
John Berman, Esquire.
COURT USE ONLY
PETER COULTER, interested party, heir, pro se
151 Summer Street #654 Morrison Colorado 80465
Phone Number: 303 720-1811
E-mail:AUDIONLY@GMAIL.COM
Court of Appeals
Case Number:
2013CA1453
CERTIFICATE OF COMPLIANCE
I hereby certify that this brief complies with all requirements of C.A.R. 28 and C.A.R. 32, including all formatting requirements set forth in these rules. Specifically, the undersigned certifies that:
The brief complies with C.A.R. 28(g).
X It does not exceed 30 pages.
The brief complies with C.A.R. 28(k).
x For the party raising the issue:
It contains under a separate heading (1) a concise statement of the applicable standard of appellate review with citation to authority; and (2) a citation to the precise location in the record (R. , p. ), not to an entire document, where the issue was raised and ruled on.
XI acknowledge that my brief may be stricken if it fails to comply with any of the requirements of C.A.R. 28 and C.A.R. 32.
/s/ Peter Coulter_________ __
Signature of attorney or party
COMES NOW the Appellant Peter Coulter, pro se, for his Amended Motion to void Paula Coulter’s April 21, 2006 power of attorney as Fraud upon the Court and all orders and findings thereof; complete joint restitution of Mrs. Coulter’s assets from 2004 to the present by the Appellees; perjury, abuse of a person at risk; attorney fees, costs; sanctions and recommendation of criminal proceedings pursuant to C.R.C.P. Rule 60;Relief from Judgment or Order; C.R.S.§18-8-502, Perjury in the first degree; C.R.S. §18-8-610,Tampering with physical evidence; C.R.S. §26-3.1Financial exploitation of at-risk adults; C.R.S. §18-9-113,Desecration of a venerated object; and C.R.S. §15-12-723, Assets concealed or embezzled; and as good cause would state as follows:
COLORADO ATTORNEY OATH OF ADMISSION
I DO SOLEMNLY SWEAR by the Everliving God (OR AFFIRM) that:
I will support the Constitution of the United States and the Constitution of the State of Colorado; I will maintain the respect due to Courts and judicial officers; I will employ only such means as are consistent with truth and honor; I will treat all persons whom I encounter through my practice of law with fairness, courtesy, respect and honesty; I will use my knowledge of the law for the betterment of society and the improvement of the legal system; I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed; I will at all times faithfully and diligently adhere to the Colorado Rules of Professional Conduct.
10. Said information is sworn to by Paula Coulter in the following jurat:
11. C.R.S. 18-8-502. Perjury in the first degree, provides as follows:
(1) A person commits perjury in the first degree if in any official proceeding he knowingly makes a materially false statement, which he does not believe to be true, under an oath required or authorized by law.
(2) Knowledge of the materiality of the statement is not an element of this crime, and the defendant's mistaken belief that his statement was not material is not a defense, although it may be considered by the court in imposing sentence.
(3) Perjury in the first degree is a class 4 felony.
C.R.S. 18-8-610. Tampering with physical evidenceprovides as follows:
(1) A person commits tampering with physical evidence if, believing that an official proceeding is pending or about to be instituted and acting without legal right or authority, he:
(a) Destroys, mutilates, conceals, removes, or alters physical evidence with intent to impair its verity or availability in the pending or prospective official proceeding; or
(b) Knowingly makes, presents, or offers any false or altered physical evidence with intent that it be introduced in the pending or prospective official proceeding.
(2) "Physical evidence", as used in this section, includes any article, object, document, record, or other thing of physical substance.
(3) Tampering with physical evidence is a class 6 felony.
VII. CONCEALED SUBSEQUENT POWER OF ATTORNEY
14. Discovered October 25, 2013, the Appellant presents to this Court a subsequent Power of Attorney (emphasis added) to the one allegedly signed on April 21, 2006. Said Power of Attorney is signed by Mrs. Coulter and notarized; giving exclusive Power of Attorney and authority to Theodore Coulter. It is dated June 19, 2006, 59 days after the Power of Attorney that Paula Coulter has since been fraudulently presenting to parties as evidence of her authority to fraudulently steal (along with Ted Coulter and John Berman) assets from their Fiduciary, their own Mother, Irene Coulter. See Addendum 3.
“This durable power of attorney shall be non-delegable and shall be valid until such time as I die”
16. Said Fiduciary power of attorney revokes Paula Coulter’s previous Fiduciary Power of Attorney and any acts Paula Coulter transacted for Irene Coulter after June 19, 2006 are both void and fraudulent including the submission of her Sworn Petition to the Jefferson County District Court to be Mrs. Coulter’s Conservator and Guardian.
VIII. DISCUSSION
C.R.C.P. Rule 60, Relief from a Judgment or Order provides:
(a). Clerical Mistakes. Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal such mistakes may be so corrected before the case is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.
(b) Mistakes; Inadvertence; Surprise; Excusable Neglect; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, or excusable neglect; (2) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (3) the judgment is void; (4) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (5) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1) and (2) not more than six months after the judgment, order, or proceeding was entered or taken. A motion under this section (b) does not affect the finality of a judgment or suspend its operation. This Rule does not limit the power of a court: (1) To entertain an independent action to relieve a party from a judgment, order, or proceeding, or (2) to set aside a judgment for fraud upon the court; or (3) when, for any cause, the summons in an action has not been personally served within or without the state on the defendant, to allow, on such terms as may be just, such defendant, or his legal representatives, at any time within six months after the rendition of any judgment in such action, to answer to the merits of the original action. Writs of coram nobis, audita querela, and bills of review and bills in the nature of a bill of review, are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.
19. The final District Court Order in 2010PR204 was issued June 23, 1013 and this C.R.C.P Rule 60 Motion is filed this October 30, 2013; well within the 6 month time frame mandated by C.R.C.P. Rule 60.
1.) an individual or an organization intentionally makes an untrue representation about an important fact or event:
Paula Coulter with the assistance of her attorney John Berman, made an untrue representation about her invalid Power of Attorney to parties, including the Court who relied on said Fiduciary P.of A. as Paula Coulter’s authority to represent Mrs. Irene Coulter. Further, they purposely concealed the subsequent Power of Attorney in violation of C.R.S. 18-8-502 and 18-8-610; class 4 and class 6 felonies.
2.) the untrue representation is believed by the victim (the person or organization to whom the representation has been made;
Everyone, including the Court believed Paula Coulter’s assertion that she had Power of Attorney under the April 21, 2006 document.
3.) the victim relies upon and acts upon the untrue representation;
The following all relied on Paula Coulter’s fraudulent assertion that she had a valid Power of Attorney for the affairs of Irene Coulter:
Smith Barney, Colorado Division of Mines, Wells Fargo Bank, Sheryl Powers Estate, Marty Powers, William Powers, Esq., Jean Powers, Esq. Lora Powers, Olinger Crown Hill Cemetery, the City of Florence, Colorado,(Highlands Cemetery) Colorado Department of Mines, Dr. Cobb, (Mrs. Coulter’s doctor) Atria Center, South Central Land and Mining, d**k Vento (partner of Irene Coulter), Linda Saunders and Bertina (co-owners of land in Fremont County) court witnesses Marie Perigren(sp) and Martha and John Saviers, Esq.; and especially the Court all relied upon the fraudulent and sworn representations of Paula Coulter and her attorney, John A. Berman, Esq. that Paula Coulter had a valid Power of Attorney, when in fact she knew she didn’t.
4.) the victim(s) suffer(s) loss of money and/or property as a result of relying upon and acting upon the untrue representation.
Through Paula Coulter, Ted Coulter and John Berman’s fraudulent misrepresentations, hundreds of thousands of dollars has either been misappropriated or is missing from Irene Coulter’s accounts[9]. Additionally, Mrs. Coulter’s largest asset (3/4 interest in 400 acres) is unaccounted for. And the most shameless act was the movement and desecration of our Father, Leland Coulter’s remains.
conduct purposefully committed which the actor must have realized as dangerous, done heedlessly and recklessly, without regard to consequences, or of the rights and safety of others, particularly the plaintiff.
Ted Coulter and John Berman know Irene Coulter’s true financial and medical condition. And the most abhorrent act of Mr. Berman was filing a Fraudulent and Misleading Motion in 2013PR56 where he stated that Paula Coulter had the authority as the prescribed Personal Representative (from a Fraudulent Will and Power of Attorney) to dig up[11]and desecrate the remains of Leland Coulter who had been laid to rest 22 years earlier in the Coulter family plot at Olinger Crown Hill Cemetery. There acts shock the conscience.
FOR ADULTS AT RISK OF MISTREATMENT
(b) The following persons, whether paid or unpaid, are urged to report as described in paragraph (a) of this subsection (1):
(XII) COURT-APPOINTED GUARDIANS AND CONSERVATORS;
XIII. CONCLUSION
It is self-evident from the evidence presented here by the Appellant that Paula Coulter, Ted Coulter and Paula Coulter’s attorney committed Fraud, Fraud on the Court, Conspiracy to Commit Fraud, Conspiracy to Commit Fraud on the Court, Concealment of evidence; Theft from a person at risk; desecration of a venerated object, Violations of numerous Attorney Code of Professional Conduct, Abuse of Fiduciary Duty, and numerous violations of Supreme Court Directives and Legislative Audits (2011) They kept this Fraud up for at least 6 years without any remorse. And they did it to their own Mother and Father who they swore to protect as their Fiduciaries. Their acts are shameless and shock the conscience. The Court needs to make an example of them so that this does not happen again by implementing punitive damages in addition to full restitution, costs and attorney fees.
WHEREFORE, the Appellant Peter Coulter would pray the Court grant relief as a matter of law and find:
ThatJohn Berman Esq. Paula Coulter and Ted Coulter committed Fraud, Fraud on the Court and Conspiracy to Commit Fraud on the Court;
That the April 21, 2006 Power of Attorney and Will are fraudulent and void;
That the June 19, 2006 Power of Attorney is fraudulent and void.
That Ted Coulter, Paula Coulter and John Berman committed Fraud on a person at risk, Mrs. Irene Coulter;
That Ted Coulter, Paula Coulter and John Berman’s fraudulent actions were Willfull, Wanton and Malicious and therefore the Appellant is entitled to Joint Punitive Damages equal to the sum of all funds taken from Mrs. Coulter, costs, and attorney fees.
That as a direct result of Paula Coulter’s and Ted Coulter’s fraudulent actions; they are not entitled to any of Mrs. Coulters assets.
ORDER that John Berman’s name be added to this case cite as an Appellee;
ORDER that Leland Coulter’s remains be Forthwith returned to their original resting place and all costs be paid by the Appellees jointly; and further, that Irene Coulter be disinterred from the Florence, Colorado cemetery and placed next to her husband in the Coulter family plot in Olinger Crown Hill Cemetery where she always believed was her final resting place;
ORDER a complete and thorough 3rd party forensic accounting of all of Paula Coulter’s, Ted Coulter and his wife Barbara Coulter, John Berman’s and Irene Coulter assets, including tax returns, checking and saving accounts, invoices, property and any other financial, personal and real estate documentation from 2000 to the present date to be paid by Appellees jointly;
ORDER that Paula Coulter, Ted Coulter and his wife Barbara Coulter and John Berman fully cooperate with any parties executing said forensic accounting;
ORDER that as a result of these unconscionable frauds; Peter Coulter and numerous other parties and heirs were severely hampered in presenting their case(s) And as a result of these flagrant Frauds on the Court, all the Orders and Judgments of the District Court in 2010PR204 AND 2013PR56 are void and of no legal effect;
ORDER that the Appellees jointly pay restitution for all monies, funds, property, stocks, real estate, costs, rents, attorney fees and any other assets of Mrs. Irene Coulter be paid back in full
ORDER that all attorney fees and costs of Appellant (including time spent filing, writing, responding and researching John Berman’s Motions at the same rate of $250 per hour that John Berman charged for fraudulent attorneys fees.)
ORDER that the Appellees be reported to Social Services and Law Enforcement Agencies for criminal prosecution of their action;
ORDER that Paula Coulter be forthwith removed as Personal Representative of Irene Coulter;
ORDER that Paula Coulter, John Berman and any other party who has any documentation, assets, or any other belongings of Irene Coulter be forthwith placed in the custody and registry of the Court until such time as a new Personal Representative can be named;
ORDER that Peter Coulter be Forthwith named as Personal Representative of Irene Coulter in 2013PR56.
ORDER that none of the Appellees, Ted Coulter, Paula Coulter or John Berman may dispose, transfer, sell or donate any of their property or assets until such time as the Forensic Audit of Mrs. Coulter can be completed and Restitution thereof fully reimbursed by the Appellees;
And for such further Orders as the Court deems just and necessary to restore the dignity of the Court; the full restitution of an at risk adult, Mrs. Irene Coulter; and the sanctity and respect of Mr. Leland Coulter,
Or ALTERNATIVELY, for an Order to Remand to the Jefferson County District Court for further proceedings consistent with this Court’s findings and Orders.
Respectfully submitted and dated this November 7, 2013,
/s/ Peter Coulter
5 Attachments/Addendums
Certificate of Service
I certify that on November 7, 2013 a copy of the above Document and was served on each of the following by hand delivery, faxed, first class mail or E-mail:
Name of Person to Whom you are Sending this Document
Relationship
Address
Manner of Service*
JOHN BERMAN, ESQ.
ATTORNEY FOR PAULA COULTER,
JAB@JABERMAN.COM
E-MAIL
TED COULTER
SON
TED.COULTER@WARDNORTHAMERICAN.COM
E-MAIL
JEAN POWERS, Esq.
HEIR
E-MAIL
LORA POWERS
HEIR
E-MAIL
MARTY POWERS
HEIR
E-MAIL
WILLIAM POWERS, Esq.
HEIR
E-MAIL
Jefferson County District Court
Olinger Crown Hill Cemetery
Florence Cemetery
Morgan Stanley
Atria
Linda Saunders
Richard Vento
John Williams
Colorado Dept. of Mining
James and Lora Perry
Sheryl Powers Estate
John and Martha Saviers, Esq.
Mrs. Marie Perigren
JoAnne Goddard, Esq.
Freemont County Commissioners
Energy Fuels
Legislative Committee on Judicial Probate Audit
Colorado Supreme Court
2010pr204 and 2013pr56
Hand Del.
E-MAIL
Mail
Mail
*Insert one of the following: Hand Delivery, First-Class Mail, Certified Mail, E-Served or Faxed.
/s/ Peter Coulter
[1] Paula Coulter has had custody of Irene Coulter’s financial records since at least 2005. The record indicates that even though requested and ORDERED to provide complete financials; to date that has never happened. The $190,000 is all Peter Coulter could piece together from information obtained and believes the figure is much higher than that.
[2] See 2013PR56 In re Irene Coulter. Personal Representatives Motion to dismiss Peter Coulter and Marty Powers Objection to Will; ¶8.
[3] While there have been numerous Conservator reports; all, without exception, do not meet accounting and probate rules. They are just numbers on a page with no backup documentation as required by statute. Although the record shows that John Berman was paid at least $40,000 in attorney’s fees; he has not provided one professional invoice; an act for which he has been previously sanctioned by the Colorado Supreme Court. (See Colorado Supreme Court v. Berman 11PDJ078 previous admissions of misconduct.) The record shows that the Appellant found errors in excess of $90,000 in some reports. And despite requirements to provide a list of Mrs. Coulters assets in her current probate case (2013PR56; Jefferson County District Court) the Appellant and other heirs have made no less than 10 separate requests to which Mr. Berman either did not respond or refused to provide a list of assets. Further, despite protest from the Appellant to the Court, Paula Coulter has continued to have a joint account with Mrs. Coulter in violation of Probate Rules making it impossible to know if funds were being siphoned off by Paula Coulter. A flagrant example of the abuse of this joint account was an entry for $130 to Camping World. It begs the question, What would a 90 year old woman with stage II Alzheimer locked in a care center want with items from Camping World?
[4] Mrs. Coulter qualifies as an at risk adult under C.R.S. 18-9-113, Financial Exploitation of an at risk adult. See Addendum 5 where the 27 Littleton police report from 2002-2005 indicate that she believed neighbors were coming through her front door key hole; molesting her cat and stealing her food.
[5] The Movant believes that the present owners of Mrs. Coulter’s home (Mr. and Mrs. Perry) will want to join in this action of Paula Coulter, Ted Coulter and John Berman, Esquire’s fraud to protect their warranty deed and cash purchase of Mrs. Coulter’s previous home.
[6] See for example the Appellant’s Motion to Reconstruct the Record filed October 10, 2013 showing Paula Coulter and John Berman’s continued refusal to follow Court Orders and conceal records.
[7] It is important to mention here Paula Coulter’s last words to Leland Coulter before he passed away. Even though he had been stricken with cancer two months before he died; Paula Coulter never came to see him until the day of his death. Her final words to Leland Coulter, “Will you co-sign this note so I can get a car?” and Leland Coulter’s response, “Paula, I’m too sick; I can’t do that.” Leland Coulter passed away within an hour of that conversation. (This shameless conversation was witnessed by more than one family member.}
[8] John Berman filed a fraudulent emergency Motion stating that because Paula Coulter was Conservator and Personal Representative of Irene Coulter; that she had authority under probate rules to desecrate the remains of Leland Coulter by obtaining an ORDER to dig them up. He had been buried for 22 years in the Coulter family plot in Olinger Crown Hill before he was moved, without notice or hearing, to Florence Colorado to be buried in the family plot of Sonny Vento; a brother-in-law that Leland Coulter had refused to talk to for 20 years before he passed away. Further, Mrs. Coulter had not talked to Sonny Vento since 1995 when he tried to fraudulently exclude her from her share of a Trust. Now, for no reason other than the fraudulent acts of Paula Coulter, Ted Coulter and John Berman, Leland Coulter and Irene Coulter are buried in Florence Colorado instead of the Coulter family plot in Olinger Crown Hill Cemetery. Every day is a further desecration of Leland Coulter’s remains.
[9] The Appellant believes the figure to be in excess of $1,000,000 but an accurate figure cannot be acquired until a complete forensic accounting of Mrs. Coulter’s accounts is ORDERED by the Court.
[10] See Colorado Supreme Court v. John Berman, Esq, 11PDJ078.
[11] The Appellant uses “dig-up” intentionally. “Disenter” should only be used when there is a proper hearing. There was no hearing or notice here. As such, this is nothing short of desecration of Leland Coulter’s remains.
[12] Mr. Berman did finally email a response to the 10thEmail request stating that since the Appellant was not a Devisee of the [fraudulent] Will, even as an interested party and listed heir, the Appellant was not entitled to a list of Mrs. Coulter’s assets.
[13] The Report stated: "Overall, we found that the courts' processes do not ensure that the rights, welfare and assets of wards are adequately protected," the auditors reported. Colorado Supreme Court Chief Justice Michael Bender, who represented the judicial branch as the report was presented to Colorado's Legislative Audit Committee, told legislators he is "severely, substantially concerned" about the reported problems — and will make sure they are addressed. (Denver Post Sept. 27, 2011.)
Judge Munsinger, Judge Stephen Munsinger, Chief Justice Munsinger, Steve Munsinger, Susan Munsinger, Brook Munsinger, Gary Munsinger, Elva Munsinger, Eddie McGraddy, Leland Coulter Leland M Coulter, Irene Coulter, Irene C. Coulter, Jefferson County District Court 10PR204, 13PR56, Colorado Appellate Court 13CA1453, Paula Coulter, Paula Marie Coulter, Colorado Tennis Hall of Fame, Meadow Creek Tennis and Fitness Club, Ted Coulter, Kevin Ankenbauer, Greg Skyoldal, Barbara Ammann Coulter, Chantelle Noel Yates, Mellisa Gale Yeates, Stephen Anthony Yates, Yvett Coulter, Christian Coulter, Yvette Yates, Roger Ward Moving San Antonio Inc., Colorado First Judicial District, Charles Pratt, Judge Charles Pratt, Christopher Cross, Judge Christopher Cross, M. Edward Burns, Magistrate M. Edward Burns, Catherine I. Burns, Catherine Irvine Burns, Megan Alexandra Burns, Otasha Tasha Karam, Tammy Herivel, Colorado 18th Judicial District, Colorado Appellate Court, Jane Bailey, Colorado Appellate Court Staff Attorneys, Jane Bailey, Esq., Bruce Bailey, Ann Bailey, Chief Justice Alan Loeb, Karen Loeb, Roine Loeb, Ralph Loeb, Rachael Loeb, John Berman, Esq, Marjorie Berman, Stephen Berman, David Berman, Lawrence Berman, Joshua Berman, Sam Berman, Marlene John, Weiner Zerobnick, Fannie Zerobnick, JoAnna Goddard Esq., Goddard and Goddard, Olinger Crown Hill Mortuary and Cemetery, Olinger Crown Hill, Dignity Memorial, John Logan, Dzen Filipek, Denver Consistory, Scottish Rite Foundation of Colorado, Vernon B. Ingraham, Lee E. Schlessman, Karl J. Hinkle, Richard G. Frohlick, John W. Groves, Gerald A. Ford, Thomas R. Magnuson, Most Worshipful Grand Lodge of Ancient Free & Accepted Masons of Colorado, Supreme Council of the Southern Jurisdiction, Supreme Council of the Northern Jurisdiction, Herbert Buchwald, 333 Havana Inc., Tri-Havana, John Gleason, Alex Martinez, Supreme Court Justice Alex Martinez, Brent Evans, Patty Evans, G. Raymond Goodwin, Jesse Aragon, Patti Aragon, Dignity Memorial, William Logan, Olinger Crown Hill Mortuary and Cemetery, Herb Buchwald, William A. Powers, Esq., Bill Powers, Judge Alex Martinez, Alex Martinez, Christopher T. Ryan.Judge Munsinger, Judge Stephen Munsinger, Chief Justice Munsinger, Steve Munsinger, Susan Munsinger, Brook Munsinger, Gary Munsinger, Elva Munsinger, Eddie McGraddy, Leland Coulter Leland M Coulter, Irene Coulter, Irene C. Coulter, Jefferson County District Court 10PR204, 13PR56, Colorado Appellate Court 13CA1453, Paula Coulter, Paula Marie Coulter, Colorado Tennis Hall of Fame, Meadow Creek Tennis and Fitness Club, Ted Coulter, Kevin Ankenbauer, Greg Skyoldal, Barbara Ammann Coulter, Chantelle Noel Yates, Mellisa Gale Yeates, Stephen Anthony Yates, Yvett Coulter, Christian Coulter, Yvette Yates, Roger Ward Moving San Antonio Inc., Colorado First Judicial District, Charles Pratt, Judge Charles Pratt, Christopher Cross, Judge Christopher Cross, M. Edward Burns, Magistrate M. Edward Burns, Catherine I. Burns, Catherine Irvine Burns, Megan Alexandra Burns, Otasha Tasha Karam, Tammy Herivel, Colorado 18th Judicial District, Colorado Appellate Court, Jane Bailey, Colorado Appellate Court Staff Attorneys, Jane Bailey, Esq., Bruce Bailey, Ann Bailey, Chief Justice Alan Loeb, Karen Loeb, Roine Loeb, Ralph Loeb, Rachael Loeb, John Berman, Esq, Marjorie Berman, Stephen Berman, David Berman, Lawrence Berman, Joshua Berman, Sam Berman, Marlene John, Weiner Zerobnick, Fannie Zerobnick, JoAnna Goddard Esq., Goddard and Goddard, Olinger Crown Hill Mortuary and Cemetery, Olinger Crown Hill, Dignity Memorial, John Logan, Dzen Filipek, Denver Consistory, Scottish Rite Foundation of Colorado, Vernon B. Ingraham, Lee E. Schlessman, Karl J. Hinkle, Richard G. Frohlick, John W. Groves, Gerald A. Ford, Thomas R. Magnuson, Most Worshipful Grand Lodge of Ancient Free & Accepted Masons of Colorado, Supreme Council of the Southern Jurisdiction, Supreme Council of the Northern Jurisdiction, Herbert Buchwald, 333 Havana Inc., Tri-Havana, John Gleason, Alex Martinez, Supreme Court Justice Alex Martinez, Brent Evans, Patty Evans, G. Raymond Goodwin, Jesse Aragon, Patti Aragon, Dignity Memorial, William Logan, Olinger Crown Hill Mortuary and Cemetery, Herb Buchwald, William A. Powers, Esq., Bill Powers, Judge Alex Martinez, Alex Martinez, Christopher T. Ryan, Martin Plank, Martin J. Plank, Marty Plank, Martin J. Plank, P.C., Martin Joseph Plank, Martin Plank Esq., Kim Plank, Madison Plank, Dworkin, Chambers, Williams, York, Benson & Evans, P.C., Dennis Parr Jeffrey Brenin, Esq., Mr. Randolph Barnhart, Esq., William Barnhart, Julia Phillips, Elizabeth Barnhart, Michael Barnhart, Woodson Barnhart, Jason Hillyard, Melissa Hailey, Esq., Antonio Bates Bernard P.C. Judy Simmons, Judge Timothy Fasing Arapahoe County District Court C/O Chief Justice Seymour Colorado Supreme Court C/O Terry Morrison, Esq. Mr. Benjamin Shloss, Esq., Benjamin Shloss, Ben Shloss, Nancy Shloss, Sidney Shloss, Stephen Shloss, Brian Shloss, Marguerite Shloss, Jennifer Shloss, Jeffrey S. Brinen, Jeffry Brinen, Esq., Kutner Briner Garber P.C., Kutner Miller Brinen P.C., Jennifer Brinen, Frieda Weisbond, Trudyl Brinen, Phillip Brinnen, Gertrude Brinnen, Henry Barber, Mr. Sean Paris, Esq., Mr. James Pearson, Esq., Ms. Maren Skulborstad, Esq.Pearson & Paris, P.C., Gary Stevens, Tamra Palmer, Palmer Goertzel & Associates P.C., William Vollman, Maddison Palmer, Glen Parmer, Tamara Lewis, Austin Selvage, Jennifer Gormley, O'melveny & Myers Llp, John Deacy, Colorado Bar Association, Leonard Plank, Leonard Phillip Plank, Sandra Plank, Jacki Plank, Nicholas Plank, Jacqueline Plank, Megan Plank, Patti Plank Patricia Plank, Colorado Office Of Attorney Regulation, Arapahoe County District Attorney’s Office, Arapahoe County Attorney’s Office, Colorado Attorney General, Fbi, Federal Bureau Of Investigation, Federal Justice Department, Arapahoe County District Court, Case No. 2011pr828, Arapahoe County District Court, Case No. 2007pr579, Arapahoe County District Court Case No. 2013cv31096, United States Bankruptcy Court, District Of Colorado, Case. No. 15bk14201sbb,Emma Parr, Colorado Supreme Court Attorney Regulation Committee,
Denver District Court
Denver,Colorado,
USA
Malpractice suit filed against Tamra Palmer and Jennifer Gormley
#8Consumer Comment
Thu, July 02, 2015
District Court
City and County of Denver, Colorado
Court Address: 1437 Bannock St., Room 256
Denver, Co. 80202 February 5, 2013
Case no. 2014CV30514
Plaintiff/Petitioner(s): Mildred Janowitz, by and through her
Conservator Joshua M. Rexon
V.
Defendant/Respondent(s): Jennifer S. Gormley; the Law Office of
Jennifer S. Gormley, P.C.; Tamra Palmer; Palmer, Goertzel &
Associates, P.C.; Matthew Alex Dill; Jean Powell; Matthew Bailis;
Marci Gray_
Attorney or Party Without Attorney (Name and Address):
The Limbaugh Law Firm, LLC, by Oren "Von" Limbaugh
5445 DTC Pkwy., Ste. 240, Greenwood Village, CO 80111
Phone Number: 303-662-9922 E-mail:von@thelimbaughlawfirm.com
Atty. Reg. #: 31640
COMPLAINT
Mildred Janowitz, by and through her Conservator, Joshua M. Rexon, by and through her attorneys, The Limbaugh Law Firm, I,I,C and Frost & Beck, LLP, hereby complains as follows:
Introduction
Parties, Jurisdiction and Venue
7. Defendant Matthew Bailis (hereafter "Bailis") is an attorney licensed to practice law in the State of Colorado.
8. Defendant Marci Gray (hereafter "Gray") was an attorney licensed to practice law in the State of Colorado.
9. Defendant Tamra Palmer (hereafter "Palmer") is an attorney licensed to practice law in the State of Colorado.
Background Facts
34.Gormley met Janowitz on or about December 28, 2011. On or about January 9, 2012, Janowitz signed powers of attorney prepared by Gormley in which Palmer was appointed to serve as Janowitz's attorney-in-fact for financial matters and conservator; Karen Buchanan (hereafter "Buchanan") and Valerie Crider (hereafter "Crider") were appointed to serve as Janowitz's guardian or successor guardian and substitute agents for medical decisions. Janowitz did not know Palmer, Buchanan or Crider.
35.After Janowitz signed Gurley’s powers of attorney, Gormley contacted Rexon, Collis and Burk and demanded that they stop working on Janowitz's matters.
First Claim for Relief: Theft (Dill)
36.Plaintiff incorporates the paragraphs above as if fully set forth herein.
37.With the intent to permanently deprive Janowitz of the use or benefit of her property, Dill, by deception or otherwise without Janowitz's authorization, in 2010, 2011 and 2012 knowingly obtained or exercised control over Janowitz's property, including, but not limited to, hay and horse feed; pasture; facilities; checking, financial and bank accounts, without Janowitz's authorization or by deception.
Second Claim for Relief: False Representation (Dill)
39.Plaintiff incorporates the paragraphs above as if fully set forth herein.
40.In 2010, 2011 and 2012, Dill made numerous false representations to Janowitz concerning the needs and expenses of horse Patch Farms in order to induce Janowitz to purchase horse feed, hay, and services for Dill's horses and Powell's horses.
41.Dill intended that Janowitz would rely upon the misrepresentations to make purchases.
42.Janowitz relied on Dill's misrepresentations and was justified in so relying.
43.The facts Dill misrepresented were material, and, at the time he made them, Dill knew the representations were false or was aware that he did not know whether the representations were true or false.
44.As a result Janowitz's reliance upon Dill's misrepresentations, Janowitz suffered damages and losses in amounts to be proven at trial.
Third Claim For Relief: Deceit Based On Fraud (Dill)
Fourth Claim for Relief: Breach of Fiduciary Duties (Dill)
Dill had a duty to use or apply Janowitz's property solely for Janowitz's benefit.
61. As a result or Dill's breaches of fiduciary duty, Janowitz suffered damages and losses in an amount to be proven at trial.
Fifth Claim Relief: Civil Conspiracy (Dill And Powell)
Plaintiff incorporates the paragraphs above as if fully set forth herein.
Sixth Claim For Relief: Breaches Of Fiduciary Duty (Palmer)
Plaintiff incorporates the paragraphs above as if fully set forth herein.
Palmer acted as Janowitz's fiduciary with respect to the management and administration of Janowitz's finances and property.
71.Palmer did not disclose to Janowitz that Palmer had business relationships arid a personal relationship with Gormley.
75.Palmer breached that duty by favoring the interests of Gormley and Gurley’s expert witness over the interests of Janowitz.
Seventh Claim For Relief: False_Kepresentation (Gormley_)
77. Plaintiff incorporates the paragraphs above as if fully set 'brill herein.
Eighth Claim For Relief: Malpractice (Gormley, Gray and Bailis)
Information.
95.After Rexon, as Janowitz's guardian and conservator told Gormley to cease representation of Janowitz, Gormley, Gray and Bailis continued to file motions and assert that they represented
Janowitz.
96.Gormley, Gray and Bailis filed pleadings and motions opposing Roxon’s appointment without Janowitz's knowledge or consent.
97.After Rexon was appointed as Janowitz's guardian and conservator, Gormley, Gray and Bailis, without Janowitz's knowledge or consent, filed motions opposing Roxon’s efforts on behalf of Janowitz.
Ninth Claim For Relief: Breach Of Fiduciary Duties (Gormley, Gray and Bailis)
personal relationship with Palmer.
interests of Janowitz. Gormley, Gray and Bailis breached that duty by favoring the interests of Dill and Powell over the interests of Janowitz,
Rexon, Collis and Burk regarding Dill's actions and use of Janowitz's property. Gormley, Gray and Bailis did not investigate those matters.
by Dill and Powell. Gormley, Gray and Bailis failed to protect Janowitz from Dill and Powell and enabled Dill and Powell to take advantage of Janowitz.
Eleventh Claim For Relief: Liability Based On Respondent Superior
Twelfth Claim For Relief: Violation Of TheColorado Organized Crime Control Act
Gormley, Gormley, P.C., Palmer, and Palmer, P.0 were, at all times complained of herein associated in fact.
District Court, the Colorado Supreme Court, the Colorado Court of Appeals and the U.S. Supreme Court,
County Department of Human Services, to misuse information obtained by the Douglas County Department of Human Services to assist Gormley in her efforts to hinder or obstruct Rexon.
Palmer, Janowitz was damaged in an amount to be proven at trial and seeks threefold her actual damages for the violations of C.R.S. §18-17-104, together with attorney’s fees and costs as provided by C.R.S. §18-17-106. Janowitz also asks the court to impose reasonable restrictions upon the future activities of the Defendants to include prohibition of Gormley and Palmer working on the same matter or case; requiring Gormley and Palmer to disclose their business dealings and relationships to future clients.
Damages
Janowitz seeks recovery of her actual economic losses and injuries suffered as a result of
Defendants' breaches of fiduciary duties owed to Janowitz.
reasonable attorney’s fees as a result of the theft of her property.
Jury Demand
Bernard P.C. Judy Simmons, Judge Timothy Fasing Arapahoe County District Court C/O Chief Justice Seymour Colorado Supreme Court C/O Terry Morrison, Esq. Mr. Benjamin Shloss, Esq., Benjamin Shloss, Ben Shloss, Nancy Shloss, Sidney Shloss, Stephen Shloss, Brian Shloss, Marguerite Shloss, Jennifer Shloss, Jeffrey S. Brinen, Jeffry Brinen, Esq., Kutner Briner Garber P.C., Kutner Miller Brinen P.C., Jennifer Brinen, Frieda Weisbond, Trudyl Brinen, Phillip Brinnen, Gertrude Brinnen, Henry Barber, Mr. Sean Paris, Esq., Mr. James Pearson, Esq., Ms. Maren Skulborstad, Esq.Pearson & Paris, P.C., Gary Stevens, Tamra Palmer, Palmer Goertzel & Associates P.C., William Vollman, Maddison Palmer, Glen Parmer, Tamara Lewis, Austin Selvage, Jennifer Gormley, O'melveny & Myers Llp, John Deacy, Colorado Bar Association, Leonard Plank, Leonard Phillip Plank, Sandra Plank, Jacki Plank, Nicholas Plank, Jacqueline Plank, Megan Plank, Patti Plank Patricia Plank, Colorado Office Of Attorney Regulation, Arapahoe County District Attorney’s Office, Arapahoe County Attorney’s Office, Colorado Attorney General, Fbi, Federal Bureau Of Investigation, Federal Justice Department, Arapahoe County District Court, Case No. 2011pr828, Arapahoe County District Court, Case No. 2007pr579, Arapahoe County District Court Case No. 2013cv31096, United States Bankruptcy Court, District Of Colorado, Case. No. 15bk14201sbb,Emma Parr, Colorado Supreme Court Attorney Regulation Committee, Judge Stephen Munsinger, John A. Berman, William A. Powers, Paula Coulter, Ted Coulter, Barbara Coulter, Yvette Coulter, Chantelle Coulter, Christian Coulter, JoAnne Goddard, Esq., Goddard & Goddard, P.C., Emma Parr,
David Olinger, Reporter Denver Post
Denver,Colorado,
USA
Arapahoe judge dismisses official who heirs say mishandled estates
#8Consumer Comment
Wed, July 01, 2015
Arapahoe judge dismisses official who heirs say mishandled estates
Denver Post
David Olinger, Reporter
The chief District Court judge in Arapahoe County has dismissed a public administrator who had been accused by four families of mishandling their estates with her business partner.
The order from Judge William Sylvester, dated Thursday, discharged Tamra Palmer "effective immediately" without explaining why. But it came after two previous orders from the judge concerning her business relationship with another lawyer and a story in The Denver Post detailing that relationship.
The Post reported that Palmer and Jennifer Gormley, who had borrowed $1.5 million to buy an office building for themselves and other tenants, together charged four estates more than $400,000 in fees. Members of the four families say they were not informed of the business relationship between Palmer and Gormley.
Palmer could not be reached for comment.
Public administrators are appointed in probate court cases where no heir is named or willing to distribute the assets of an estate. They also may be called as conservators of estates when people are judged incompetent to handle their own finances.
In 2012, Palmer reported charging with the court's approval a total of $319,851 in fees and costs for managing 87 estates.
"That's rather pleasant news," said Robert Lewis, one of Eleanor Lewis' four children. He and his sister, Janet Van Vliet, said much of their mother's $2 million estate was depleted in four years for 24-hour care, guardianship services, legal fees and other costs.
Palmer was the conservator of Eleanor Lewis' estate, and Gormley was paid about $41,000 in legal fees after the guardian hired her. "The only thing that's left is the family ranch we're trying to keep," Lewis said.
In April, Judge Sylvester issued an order that Palmer and Gormley could not be involved in the same estate cases without court approval. Last month, he asked Palmer to advise him of any cases where she and Gormley continued to collect fees. Palmer responded that there were four, but she had been appointed to each before the judge's April order.
Judge Sylvester appointed probate lawyer Marco Chayet to succeed Palmer and instructed her to cooperate with him "to ensure a smooth transition."
David Olinger: 303-954-1498, dolinger@denverpost.com or twitter.com/dolingerdp
Martin Plank, Martin J. Plank, Marty Plank, Martin J. Plank, P.C., Martin Joseph Plank, Martin Plank Esq., Kim Plank, Madison Plank, Dworkin, Chambers, Williams, York, Benson & Evans, P.C., Dennis Parr Jeffrey Brenin, Esq., Mr. Randolph Barnhart, Esq., William Barnhart, Julia Phillips, Elizabeth Barnhart, Michael Barnhart, Woodson Barnhart, Jason Hillyard, Melissa Hailey, Esq., Antonio Bates Bernard P.C. Judy Simmons, Judge Timothy Fasing Arapahoe County District Court C/O Chief Justice Seymour Colorado Supreme Court C/O Terry Morrison, Esq. Mr. Benjamin Shloss, Esq., Benjamin Shloss, Ben Shloss, Nancy Shloss, Sidney Shloss, Stephen Shloss, Brian Shloss, Marguerite Shloss, Jennifer Shloss, Jeffrey S. Brinen, Jeffry Brinen, Esq., Kutner Briner Garber P.C., Kutner Miller Brinen P.C., Jennifer Brinen, Frieda Weisbond, Trudyl Brinen, Phillip Brinen, Gertrude Brinen, Henry Barber, Mr. Sean Paris, Esq., Mr. James Pearson, Esq., Ms. Maren Skulborstad, Esq.Pearson & Paris, P.C., Gary Stevens, Tamra Palmer, Palmer Goertzel & Associates P.C., William Vollman, Maddison Palmer, Glen Parmer, Tamara Lewis, Austin Selvage, Jennifer Gormley, O'melveny & Myers Llp, John Deacy, Colorado Bar Association, Leonard Plank, Leonard Phillip Plank, Sandra Plank, Jacki Plank, Nicholas Plank, Jacqueline Plank, Megan Plank, Patti Plank Patricia Plank, Colorado Office Of Attorney Regulation, Arapahoe County District Attorney’s Office, Arapahoe County Attorney’s Office, Colorado Attorney General, Fbi, Federal Bureau Of Investigation, Federal Justice Department, Arapahoe County District Court, Case No. 2011pr828, Arapahoe County District Court, Case No. 2007pr579, Arapahoe County District Court Case No. 2013cv31096, United States Bankruptcy Court, District Of Colorado, Case. No. 15bk14201sbb,Emma Parr, Colorado Supreme Court Attorney Regulation Committee,
David Olinger reporter Denver Post
Denver,Colorado,
USA
Heirs cry foul, say two Colorado probate lawyers depleted their estates
#8Consumer Comment
Wed, July 01, 2015
Here is a story reported by David Olinger of the Denver Post concerning the same attorneys, including Martin Plank, Randolph Barnhart and Mellisa Hailey and their respective law firms.
Heirs cry foul, say two Colorado probate lawyers depleted their estates
David Olinger, Denver Post
Four families with cases in Arapahoe County's probate court say that two attorneys involved in their estates should have disclosed a real estate investment they made together before charging the estates at least $400,000 in fees.
Colorado's disclosure requirements for attorneys generally do not extend to family members of clients, experts said. But the attorneys' joint investment concerned the district's chief judge enough that he issued an order in April that they could not be involved in the same estate cases without court approval.
Last week, the judge ordered one of the attorneys, court-appointed public administrator Tamra Palmer, to advise him of any cases since April in which she has participated with lawyer Jennifer Gormley. Palmer responded that there are four such cases but that she was appointed to each before the judge's April order.
Palmer and Gormley say they are precluded by confidentiality rules from discussing any probate cases. However, each has said they have no conflict of interest. Palmer has told the court the relationship did not influence her decisions and that she had no obligation to disclose her real estate investment with Gormley.
Cliff Battista, who was trustee of his father's estate, said Palmer testified to have him removed, then, on Gormley's recommendation, took his place as a court-appointed trustee. Both lawyers then billed the estate for their work on the case.
"I'm appalled that people have the audacity to do that to someone else," he said.
Offices six steps apart
In July 2010, Palmer, Gormley and a third attorney bought a building for their offices and other tenants in Greenwood Village after borrowing $1.5 million.
Palmer and Gormley pledged houses they own as collateral. They agreed to be jointly and separately liable for the loan. They now work in offices six steps apart.
Colorado's rules of professional conduct for lawyers forbid representing a client if that creates a conflict of interest.
But the terms defining a conflict leave room for interpretation. For example, a conflict exists if "there is a significant risk" that representation of one or more clients "will be materially limited" by, among other things, "a personal interest of the lawyer."
The Office of Attorney Regulation Counsel, which governs the conduct of lawyers in Colorado, says judging what constitutes a conflict can be a challenging task, requiring a close examination of the facts involved in a particular case.
In many cases, the rules "are very difficult," said Jamie Sud-ler, the office's chief deputy. "What you're analyzing is what's in the lawyer's head."
A shared business interest doesn't necessarily create a conflict, he said, and disclosure requirements to clients generally do not extend to family members. Asked about a situation where one lawyer is recommending the other for court appointments or approving the other's bills and they have made an investment together, "that's a twist," Sudler said. "That might make a difference" as to whether a conflict exists.
Palmer responded in an e-mail to questions from The Denver Post. "When I am appointed as a fiduciary, I perform my duties in a neutral and unbiased manner and in accordance with the laws of the state of Colorado," she said. "I am unable to respond to the perceptions of parties connected to those cases."
"Because of the law and rules of confidentiality in probate matters, I am restricted from commenting or answering your questions concerning specific probate cases," Gormley wrote in an e-mail.
She noted that the court is aware of her business relationship with Palmer. "Our ownership in the building is a matter of public record and is not a secret," she said.
The investment, however, prompted the April order by Arapahoe district court's chief judge, William Sylvester. And after inquiries by The Post, Sylvester and Timothy Fasing, the district's probate judge, took additional action.
On Jan. 16, Judge Fasing noted in Palmer's records "entries reflecting payments to attorney Jennifer Gormley" since April, and he ordered Palmer to explain how that conformed with Sylvester's order.
The next day, Sylvester issued an order telling Palmer to advise him of any cases since April "that she has dually participated in with attorneys Jennifer Gormley and/or Cheryl Miller," the third investor in their building.
Palmer responded in writing on Friday that she and Gormley have participated in four cases since Sylvester's April order, but that her appointment to those cases occurred prior to the order.
"It is my understanding that those cases do not require a stipulation or additional court order," she said.
Palmer did not receive a copy of the April order until last week, she said, but she had met with Sylvester in April to discuss her business relationships.
"I was not in any way attempting to avoid or circumvent the order. I just wasn't aware of it," Palmer said.
Living modest lives
Cliff Battista says his parents, Nick and Rose, led modest lives to save money for their four children.
They clipped newspaper coupons. They overlooked the fraying carpet in their Littleton home. They kept mismatched sets of glasses in the cupboards.
After Rose died, though, Nick grew unhappy with his eldest son, Carl, and disinherited him. When Carl and his sister Cindy Long angrily confronted their father, he disinherited Cindy, too, according to Cliff Battista and his lawyers.
Cindy Long hired Gormley to reclaim her share of the estate. The lawsuit split the family and led to costly litigation.
In court, Gormley alleged that Nick "suffered from an insane delusion" when he created and amended the family trust and that Cliff Battista had unduly influenced him.
Gormley called Palmer as an expert witness, who testified that Cliff Battista had misspent trust funds. Upon Gormley's recommendation, the judge removed Cliff Battista as the trust administrator and replaced him with Palmer as trustee of a $732,187 estate.
Stanton Rosenbaum, an estate lawyer in Denver, questioned that arrangement.
"That doesn't pass the smell test. I'm surprised the judge allowed that," he said. "You've got a potential conflict right there."
Not until last April, when Palmer was required to answer questions in court, did the family get a detailed account of her business relationship with Gormley. By then, much of Nick Battista's savings had been spent on the legal battle.
Cliff Battista provided documents showing Palmer collected more than $50,000 in fees from the estate in three years.
Cindy Long, who now regrets hiring Gormley, said her attorney and an associate amassed more than $200,000 in fees, then reduced them as part of a settlement.
She is uncertain of her exact payment, but "the pressure of the attorneys' fees was tremendous," she said. "It took a toll."
"They don't tell people they have this relationship," said Tina Spencer, the Battistas' other daughter. "People get caught off guard. Once they get a foot in the door, you can't get rid of them."
At the April hearing concerning the attorneys' joint investment, Palmer denied she had a conflict of interest or an obligation to disclose her investment with Gormley.
"No," she replied when asked by an attorney for family members about a potential conflict. "I have a job as a fiduciary to do my job as a fiduciary."
Palmer has served as Arapahoe County's public administrator for 12 years, a court appointment to distribute the assets of a deceased person who did not designate anyone to do so in his will. She also gets appointed by Judge Fasing as a conservator managing estates of people deemed incapable of handling their own money.
In Colorado, the court administrator's office oversees the district courts. Carol Haller, its legal counsel, said Judge Sylvester sought her advice before issuing his April order. In general, when attorneys are appointed by a court, "we expect them to act with due regard that they are an arm of the court," she said. "We expect them to avoid improprieties and even the appearance of impropriety."
Palmer's appointments often follow recommendations from the Arapahoe County Department of Human Services, which petitions for guardians and conservators for disabled people, and from Virginia Horton, the assistant county attorney representing the department.
Gormley has entered probate cases as a plaintiff's attorney, a guardian's attorney and the attorney for a ward of the court.
Their joint investment dates to July 30, 2010, when a company called Urit LLC bought the 12,882-square-foot ranch-style building at 6060 S. Greenwood Plaza Blvd. for $1.427 million. Urit had borrowed $1.539 million the previous day to facilitate the purchase.
State records list Gormley as the registered agent of Urit LLC. In her court testimony, Palmer said she, Gormley and Miller each own one-third of the building.
"They spent his money"
Edward J. Baker enlisted in the Navy right out of high school in Illinois and retired as a lieutenant commander and master scuba diver with dozens of medals and commendations for his service, which included classified missions.
In 2007, he suffered a stroke and two years later went to live with a sister in Colorado while getting rehabilitation treatment. In 2010, the county human services department successfully petitioned the probate court to make him a ward of the court. The rehabilitation center chose Gormley as Baker's attorney, and Palmer was appointed conservator of his assets, according to Carol Fox, Baker's sister in Illinois.
Fox said when Baker visited his daughter in California, his court-appointed protectors — including Gormley, Palmer and a guardian — obtained an emergency court order forcing him back to Colorado. Repeatedly, "they spent his money to oppose him in court," she said.
Baker, 55, now lives in a single room in an assisted-living house. He said he was told after a recent court hearing that he will be allowed to move to California after all.
"They got a group there, and they just keep it within the group," he said of Arapahoe County's probate court. He attributes his loss of freedom to partial paralysis from his stroke, which he said no longer affects his mental capabilities.
Baker tried to have Gormley replaced as his lawyer. But Horton, the assistant county attorney, and Baker's court-appointed guardian objected, saying he was incompetent to choose a new lawyer.
"Ed misses his family terribly," said Fox, who calls him every day. "It's so sad."
In court hearings, she said, "nobody would let him speak."
Palmer's expense reports, which she submits to the court for approval, show that in two years, she received $58,927 and Gormley received $79,870 from Baker's estate. Those fees, as well as payments to other lawyers, Baker's guardian and the facilities where he was kept, exhausted nearly all of a $637,640 estate from 2010 to 2012.
In her reports, Palmer attributed many expenses to extensive litigation with Baker's sister in Colorado.
Palmer charged $210 an hour for her services, a rate approved by the court that several local probate attorneys said was a reasonable charge.
In 2012, according to court records, she served as conservator, trustee or personal representative of a deceased person for 87 estates in the judicial district and charged a total of $319,851 in fees and costs.
Worried about scams
Eleanor Lewis held an estate valued at nearly $2 million when, at the age of 82, she began to show signs of dementia. Family members and friends worried she had become vulnerable to financial scams.
She was living with a grandson in her home of 50 years, and other family members offered to help care for her. But the county human services department proposed a professional guardian and conservator. A court-appointed lawyer agreed. Valerie Crider became Lewis' guardian. Palmer, who had started helping one of Lewis' sons manage her money, took over as conservator.
Two of Lewis' other children said that when they objected to their mother's care, alleging she was being drugged unnecessarily, Crider restricted their ability to visit their mother in their childhood home. Crider also required a supervisor to be present during visits, raising the costs of care, they said, and hired Gormley to defend her guardianship work.
Crider said she could not discuss the case because it is confidential.
Lewis' remaining assets include a ranch in Elbert County bought by her husband, who died before he could retire there.
Janet Van Vliet, one of Lewis' daughters, provided a spreadsheet of expenses derived from Palmer's interim accounting reports from 2009 until early 2013, along with the reports. Those showed Palmer had received $36,000 in fees, while more than $210,000 was spent on guardianship services and reimbursements. About $41,000 of the guardianship charges went to Gormley in one year.
In all, the costs charged to the Lewis estate, which also included 24-hour care and ranch maintenance, totaled $1.3 million.
Van Vliet said Palmer recently notified the family that the ranch will be sold to pay for their mother's continued care.
"It was just shocking every time we would get a report," she said.
Chester "Skip" Morgan represented three of Lewis' children fighting the restrictions on their ability to visit their mother. "It was troubling" to learn that Palmer and Gormley had a joint real estate investment, he said.
Gormley and Horton "presented a united front," he said, "on behalf of Valerie Crider and Tamra Palmer, who involved herself in the visitation issue and litigated, even though she was the conservator."
Horton also said she could not discuss individual cases. In general, she said, Palmer is one of several people nominated as conservators because she is experienced and charges a modest hourly rate.
"I have never nominated Jennifer Gormley to serve as a fiduciary," she said, "(and) neither Ms. Gormley nor Ms. Palmer is a personal friend."
Horton and Haley McKean, a spokeswoman for the county human services department, said families are sometimes to blame for driving up the costs of a probate case.
"The more conflicted, the more pleadings, the more the fees of the professionals increase," Horton said.
McKean said family members can abuse or harm at-risk adults, although she was not speaking about the Lewis case. "Relatives can be toxic," she said.
Neighbors' water
Larry Parr grew up on Arapahoe County farmland that, over decades, turned into light-industrial acres off Santa Fe Drive. His mother, Emma, held an estate worth $850,000.
Parr, who still lives on the land and owns a recreational-vehicle storage business there, said his inheritance dwindled quickly after he complained about a guardian's treatment of his mother, and the guardian hired Gormley.
The conflict climaxed when he withheld payments to the facility she lived in, alleging improper care. Gormley petitioned the court for an emergency order, saying Parr's mother was about to be evicted.
In 2011, "Gormley suggested to Judge Fasing to relieve me as trustee of the estate and to appoint Tamra (Palmer) in my place," Parr said, and Fasing did.
With court approval, Palmer sold family land along Union Avenue in Englewood to a competing business, landlocking Parr's site, he said. The new owner found that a water line crossed his land to Parr's house and shut the water off on Thanksgiving Day.
"We are living on water we store in 5-gallon buckets that we get from our neighbors," he said.
Parr appealed unsuccessfully to Fasing to have Palmer removed as conservator and trustee of his mother's estate.
He has been unable to find out the total amounts Palmer charged, but said he has paid more than $200,000 in legal fees.
On Jan. 16, Gormley petitioned the court for payment of $203,260 in fees and costs accumulated by Emma Parr's guardian and Gormley's office. The court has not yet acted on the petition.
David Olinger: 303-954-1498, dolinger@denverpost.com or twitter.com/dolingerdp
Probate court
A look at the players in estate cases:
Probate court judges: Oversee estate cases and appoint conservators and guardians for wards of the court.
Wards:Are deemed in need of protection because they are incapacitated, at risk of abuse or under disability.
Guardians: Are appointed by the court to protect the health and welfare of a ward. A guardian can be a family member or a professional guardian.
Conservators: Are appointed by the court to manage the finances and assets of a ward. A conservator can be a family member or a professional conservator.
Public administrators: Are court appointees who may be asked to distribute a deceased person's estate as its personal representative when no will exists, when no family member is willing and available to serve as executor, or when a will is contested. A public administrator also may be appointed to manage a ward's financial affairs.
Martin Plank, Martin J. Plank, Marty Plank, Martin J. Plank, P.C., Martin Joseph Plank, Martin Plank Esq., Kim Plank, Madison Plank, Dworkin, Chambers, Williams, York, Benson & Evans, P.C., Dennis Parr Jeffrey Brenin, Esq., Mr. Randolph Barnhart, Esq., William Barnhart, Julia Phillips, Elizabeth Barnhart, Michael Barnhart, Woodson Barnhart, Jason Hillyard, Melissa Hailey, Esq., Antonio Bates Bernard P.C. Judy Simmons, Judge Timothy Fasing Arapahoe County District Court C/O Chief Justice Seymour Colorado Supreme Court C/O Terry Morrison, Esq. Mr. Benjamin Shloss, Esq., Benjamin Shloss, Ben Shloss, Nancy Shloss, Sidney Shloss, Stephen Shloss, Brian Shloss, Marguerite Shloss, Jennifer Shloss, Jeffrey S. Brinen, Jeffry Brinen, Esq., Kutner Briner Garber P.C., Kutner Miller Brinen P.C., Jennifer Brinen, Frieda Weisbond, Trudyl Brinen, Phillip Brinnen, Gertrude Brinnen, Henry Barber, Mr. Sean Paris, Esq., Mr. James Pearson, Esq., Ms. Maren Skulborstad, Esq.Pearson & Paris, P.C., Gary Stevens, Tamra Palmer, Palmer Goertzel & Associates P.C., William Vollman, Maddison Palmer, Glen Parmer, Tamara Lewis, Austin Selvage, Jennifer Gormley, O'melveny & Myers Llp, John Deacy, Colorado Bar Association, Leonard Plank, Leonard Phillip Plank, Sandra Plank, Jacki Plank, Nicholas Plank, Jacqueline Plank, Megan Plank, Patti Plank Patricia Plank, Colorado Office Of Attorney Regulation, Arapahoe County District Attorney’s Office, Arapahoe County Attorney’s Office, Colorado Attorney General, Fbi, Federal Bureau Of Investigation, Federal Justice Department, Arapahoe County District Court, Case No. 2011pr828, Arapahoe County District Court, Case No. 2007pr579, Arapahoe County District Court Case No. 2013cv31096, United States Bankruptcy Court, District Of Colorado, Case. No. 15bk14201sbb,Emma Parr, Colorado Supreme Court Attorney Regulation Committee,