John Fail Chance Meeting
John Roy Fail & Larry Allen Fail.
(Neodesha Kansas. June 8, 2012.)
John Roy Fail & Larry Fail's Son Javae Montae Robinson.
(Neodesha Kansas. June 8, 2012.)
5470 SO Greenwood St.
Littleton, Co. 80120
(303) 730-2100 / Fax (303) 347-2100
June 27, 2012 / Emailed July 14, 2012
To: John Fail
101 Big Oak Lane
Marble Texas 78654
Cell (620) 330-6544
RE: Chance meeting between John Roy Fail, Larry Fail & Javae Robinson on June 8, 2012 at 4:50 PM. 18:37:57. MT 6:37 PM, at the Little Bear Service Station in Neodesha Kansas.
Dear brother John,
I have prepared a summary outline of our meeting for the purpose of Family understanding and reconciliation for the benefit of all family members and friends in honor of our parents.
In addition to the outline notes of our meeting, I have added what in my opinion are factual explanatory comments for the benefit of better a better understanding of the issues by all.
If I have misstated anything, please correct me by letter or Email as I do not want to misstate anything or take anything out of context. The case is over and you have nothing to lose, except confusion, frustration, and understood guilt by, accepting, understanding and/or correcting any of my statements that you may disagree with. If you chose not to correct my statements that you disagree with, within two weeks from the date you receive this letter my statements herein will be accepted as accurate.
States of mind that affects everyone.
Insane; doing the same thing over and over again and expecting different results.
Albert Einstein (As I Have Done in this Case – Attempt to Reveal the Truth)
Legally Insane; incapable of knowing right from wrong.
Criminal; is the word that defines one knowing right from wrong yet chooses to do wrong.
Delusion; is the word that defines the state of mind of one that does not want to see and/or
accept the truth. Psychiatry A false belief strongly held in spite of invalidating evidence, especially as a symptom of mental illness: delusions of persecution.
Denial; a refusal to grant the truth of a statement or allegation; a contradiction.
A refusal to accept or believe something, such as a doctrine or belief.
Psychology An unconscious defense mechanism characterized by refusal to acknowledge painful realities, thoughts, or feelings.
The act of disowning or disavowing; repudiation.
Law: The opposing by a defendant of an allegation of the plaintiff.
Without question everyone, including both you and me have suffered and/or has engaged in all the above malfunctions. That was then and this is now. It is never too late to disengage from all the above and accept fact and truth and move forward as directed by our good conscience, honesty, fair play, forgiveness, reconciliation, and recompense.
conformity to fact or actuality.
A statement proven to be or accepted as true.
Fidelity to an original or standard.
often Truth That which is considered to be the supreme reality and to have the ultimate
meaning and value of existence.
No Truth, No Justice,
No Justice, No Peace.
Justice as natural law
Main article: Natural law
For advocates of the theory that justice is part of natural law (e.g., John Locke), it involves the system of consequences that naturally derives from any action or choice. In this, it is similar to the laws of physics: in the same way as the Third of Newton's laws of Motion requires that for every action there must be an equal and opposite reaction, justice requires according individuals or groups what they actually deserve, merit, or are entitled to. Justice, on this account, is a universal and absolute concept: laws, principles, religions, etc., are merely attempts to codify that concept, sometimes with results that entirely contradict the true nature of justice.
The truth will set us free. What more should we leave to our kids, loved ones, family members, family heritage, and our parent’s legacy honor – than truth, justice and peace.
Only thinking about it will not get us there. “We can never plow a field if we keep turning it over in our mind” – and nothing more.
Incorporated here in.
Outline of June 8, 2012 meeting with John Fail.
Adam’s letter to the Family dated November 27, 2005.
Emailed under separate cover.
September 19, 2005 letter of apology.
February 9, 2006 letter asking for my land.
Prepared by Larry Fail
Meeting between John Roy Fail, Larry Fail & Javae Robinson on June 8, 2012 at 4:50 PM. 18:37:57. MT 6:37 PM, at the Little Bear Service Station in Neodesha Kansas. Typed from memory, handwritten and tape recorded notes.
- “I love you Jack and I forgive you for what you did to me”.
- First indication of a problem.
- You never asked for your land.
- My September 19, 2005 letter of apology.
- My February 9, 2006 letter asking for my land.
- Jack innocently caught up in the case.
- Restraining Order. Foul Play.
- Dad told Bump on December 4, 2005, 16 days before he died that he wanted Larry & Adam to get the land and Ness County minerals.
- Bogus Affidavits of Incompetency.
- The reason that June put Gary and Tonia Nelson’s names on the Deeds. June on Medicaid.
- Seeds of hate, jealously, vengeance, revenge and greed were sown at Leavenworth 35 years ago.
- Foul Play.
- Dad wanted to die.
- Adam’s alleged letter of Ultimatum. * Attached.
- Can’t do nothing now.
- It’s never too late to do the right thing:
- The Wills. The reason that Larry’s name was not in the Wills.
- I saved Jack’s land for him, June could have taken the land anyway.
- Javae’s Statements.
- Horse Ranch Sold & Lynn Hinkel.
- Adam’s Mineral Checks. $49,000 in Settlement Checks went to the Estate. Adam was in Title as of early 2001.
- What do you think of me?
- Bogus Affidavits of Incompetency.
- That was then and this is now.
- Jack and deeds.
- My new family “Wild Oats”.
- Plenty of money for all.
- Letters that I mailed out and the stuff on the Internet.
I pulled into the Little Bear Filling Station. I was attempting to put my debit card in but could find not find a slot to do so. Javae caught my attention and motioned behind me and said “See who’s here” I looked and Jack had pulled a Black Ford pickup and trailer in behind me was filling up with gas. I looked at him and he looked at me, I motioned my head and he did the same. I walked over and asked him how he was. He said fine. I asked – can we talk. He said yes. I told him that I loved and missed him. No response. After he finished filling up he came over and told me that I had to go inside to pay for the gas with the debit card. I sent Javae inside to pay for the gas with my card. I asked jack to pull around to the east side of the building. I filled up my car and Javae and I pulled to the East side of the building.
“Jack I love you and I forgive you I said to jack, it is good to see you and hear your voice. I said “Jack I love you and I forgive you for what you did to me.” I also said “when you die I want to be your brother and your friend”. He said, “I did not know what was going on when all of this stared coming down”.
First indication of a problem: Jack said the first time that he realized there was a problem was when MR. Aldridge ? had called and asked him what to do with the package that he had received from Larry Fail. (The package was mailed shortly before dad passed as a result of the “No Contact Order” and discovery that I was being defrauded.)
You never asked for your land. Jack said. “You never asked for you land, then you sued us and it was too late to do anything”. I reminded him of my two letters that I had mailed listed below he said that he never received either one of them.
My letter of apology: Jack said that he did not get my letter of apology (dated and mailed September 19, 2005.) Attached.
My letter asking for my land: Jack said that he did not get my letter asking for my land (dated and mailed on February 9, 2006) Attached.
Jack innocently caught up in the case: In an attempt to give Jack the benefit of the doubt I told him that I thought he got caught up in the family dispute and did not know what to do. I said you were always a bit shy and reserved. I reminded him that when neighbors came to visit he would hide behind the door and peak out of the crack between the wall and the door, and say “some bitch”. Each time that I attempted to get him to come out and talk with us, he would shyly whisper “some bitch”. I loved for anyone to come to our home and talk with us, as I was always lonely and desperately needed someone to talk to as often as possible. To get a laugh out of Jack, I reminded him of Bill Fairchild and lawn chair, – Jack laughed. I outlined it again for him. One time when Bill Fairchild came over and he sat down in an the old metal Lawn Chair by the front door. It had the wrap around bent tubes that held the seat. Bill was very heavy and the chair began to sag down and backwards as he talked to my parents, my sister and brothers. e and. Bill was a mild mannered and shy guy himself and became embarrassed, and said nothing and made no attempt to get out of the chair as it continued to sag down and back until Bill was talking to us between his knees. I always enjoyed Jack’s jokes and laughter and have missed it very much.
Restraining Order: Foul Play. When I reminded Jack that the Restraining order kept me and my kids from seeing dad before he died, he said I was against that. He said “I would have agreed to supervised visitation”. I ask him why supervised? He said we did not want you bothering dad with anymore oil deals. I asked him if he felt that way . He said no. I asked him if that was the way Bump felt about it and he said, “No I don’t think so”. I ask him who came up with the idea of the restraining order. He said, “ it was June”. I told him that dad had told us even on tape that June was the problem. I said it was June who started the story that she had to have a Restraining Order against Larry to keep him from going in and selling dad another deal. Jane O’Brian at the rest home told me that the reason that the reason June issued the Restraining Order because I had harassment dad on the phone. That was not true. I told Jack the real reason June did not want me to see dad was because she did not want me to get dad to put my name on the deed in place of Gary & Tonia’s names. She did not want dad to cancel the deed as he had canceled the deed to Jack’s land with Gary & Tonia’s names on it that June had dad sign in his Hospital room in Parsons Kansas on memorial day 2005. This proves a pattern of conduct of June attempting to steal both Jack and My Land.
Dad told Bump on December 4, 2005 - 16 days before he died that he wanted Larry & Adam to get the land and Ness County minerals. Bogus Affidavits of Incompetency.
I told Jack this, and reminded him of Gary Nelson’s Bogus Affidavits of Incompetency to discredit dad’s wishes. Nelson prepared the Affidavits, signed his and got Bump, June, Jack and Tonia Nelson to sign them attesting that Dad was incompetent on December 4, 2005 when he told Bump that he wanted Larry and Adam to get the land. Judge Rogers in his Memorandum Decision agreed with my argument that none of them were experts in Incompetency. Judge Rogers disregarded the majority of my defenses and would not accept my taped recordings as Nelson had filed an objection to their admittance in his Motion for Summary Judgment based on legal technicalities that they were not properly presented. I was not represented by legal Counsel in my response to Nelson’s Motion for Summary Judgment as I had spent all available funds in the amount of $50,000 in five lawyers prior to the filing of Nelson’s Motion for Summary Judgment. Nelson and Ivan Lee Fail had called them and written them threatening letters resulting in the withdrawal of my lawyers. I had called over 125 lawyers in Kansas in y attempts to hire legal counsel. 50% were interested until I told them that I was suing two lawyers in the case, then they declined citing “my plate is full right now. Sorry and good luck”.
The reason that June put Gary and Tonia Nelson’s names on the deeds. Jack told me. “The reason that June put Gary and Tonia Nelson’s names on the (April 11, 2005) deeds was because she was going on Medicaid and did not want a problem”. June had The Nelson’s names placed on the 200 acre that she was to get. June also replaced her name on the (April 11, 2005) deed to my land along with Bump and John’s names as they were the 2001 deed with June. Why did June put the Nelson’s names on the deed to my land as it would not have been affected my her Medicaid if only the names of Ivan Lee Fail and John Fail were on the deed? There is only one answer to this Question. She planned on stealing my land with the Nelsons names on the land with my two brother’s names. My two brothers could not resist the windfall (My Land) that fell out of the tree into their laps. They had to do nothing except go along with June and the Nelson’s plan to defraud me – and it worked.
Seeds of hate, jealously, vengeance, revenge and greed were sown at Leavenworth 35 years ago.
The Leavenworth County Court Documents and record of the early 80’s sets forth the facts involving the Large Loans in excess of $150,000 that dad gave to Gene & June Dedeke to save their 80 acres, the auto repair shop on Metropolitan Blvd and Gene’s tools. They would not or could not pay dad back and he had to Foreclose and Evict Gene and June off of the land. Then they sued dad and took bankruptcy against him. June stated that during the first Winter they almost froze to death in the Old School Bus that their Great Leader Gene Dedeke provided for them. Dad offered them 40 acres and the House Free and Clear but Gene told dad, “No - If we can’t have it all we don’t want anything”. That’s what they got. What dad and I got was 35 years of Poison and Pain and death threats made against Dad’s life by both Terry and Tonia. Both dad and I were not allowed to see Terry or Tonia for ten years, and in the end they got my inheritance and land as pay back. Dad, Bump and others told me that if I had not of came from Denver and took Dad and his lawyer Charlie Henchal to Leavenworth and had Gene and June Dedeke sign Mortgage papers on the Leavenworth properties that Dad loaned the money on to protect his large loan it would have greatly diminished the value of the Fail Estate. It is still difficult to think about considering that my own brothers turned on me and joined June & Gene Dedeke and the Nelsons in the taking of my land and Estate assets. I have forgiven you. That was then and this is now.
Foul Play: When I told Jack that I thought June and Tonia had something to do with dad’s death, he said “no I don’t think June did, although it was possible”. I ran it down to him this way. She got Tonia & Gary’s name put on the deed to my land, got dad to sign it as ransom for taking care of him, and when she was told by Bump that I had discovered the deed, she rushed dad to the Rest Home in St Paul, then issued a “No Contact Order ” against me so I could not see or talk to him, he died and she had him in the ground in 48 Hours, and then Gary Nelson prepared bogus affidavits telling the World that dad was incompetent when he died. Bump stated that Dad was more alert than he had ever seen him Jack said that he talked with the Funeral home and they had no other time unless it was after Christmas. I told him that I talked with two male Funeral Directors and a female sectary and all three of them told me they had an open schedule and no time or scheduling issues at all.
Dad wanted to die. Jack said. “Dad was ready to go, he wanted to die anyway”. “He told me several times that was ready to get the hell out of here, although it was wrong if anyone did anything to him”. Then he said that reminds me of the old boy who was upset with God. He said a big flood came and he prayed for help. A neighbor told him to get go to higher ground. He said “No-The Lord will save me”. The water kept rising. A guy in a Row Boat came by and offered him help. He said “No-The Lord will save me” The water kept rising. A guy in a motor Boat came by and offered him a ride, He said “No-The Lord will save Me”. The water kept rising. He was standing on his chimney and a guy in Helicopter came by and offered to save him. He said “No-The Lord will save me”. The guy drowned and woke up at the pearly gates and told Gabriel, “God why didn’t you save me, I prayed and prayed for your help, and you did not come. Gabriel said, “I sent you a neighbor to help you out and you refused, I sent you a row boat to help you out and you refused, I sent you a motor boat to help you out and you refused, I sent you a Helicopter to help you out and you refused so I waited until you drowned and here you are. Then Jack laughed, and said it’s quite a story.
What is the reason that Jack told me this story while we were discussing dad’s death? I never asked him, I should have. I can now only speculate that either consciously or subconsciously or by Freudian slip he was telling me that God had offered to me help many times and I refused it – or was asleep. Example; There were red and yellow flags all over the Fail Family Field that June was going to steal my land a long time before she was finally able to pull it off.
* Adam’s alleged letter of Ultimatum: * Attached. Jack said that he was willing to give everyone their fair share – until he got Adam’s letter of Ultimatum and then decided “I don’t react very well to letters of Ultimatums”. I told Jack that both Adam and thought that it would be Jack who would come around and do the right thing. Jack responded, “Why because I am the dumb one”? I said no because we thought you were the honest one.
Note: Adam’s letter to the family was emailed to family members on November 27, 2005. Jack stated at his deposition under oath that he had prepared the deeds giving my land and his land to Patty Hon months before dad passed on December 21, 2012.
Can’t do anything now: Jack said, “it’s all to mixed up, there is nothing that can be done now.” I said Jack “It’s never too late to do the right thing. I said it can all be sorted out if you want to do the right thing. We sit down and figure up what was supposed to come to me, deduct the legal fees and you guys pay you what I was supposed to get. He said “I will think about it”.
It’s never too late to do the right thing: I told jack several times throughout the meeting that “It is never too late to do the right thing”.
The Wills: Jack said he seen the wills before dad died and mailed me a letter the first part of December 2005 asking me why I was not in the Wills. He said that he mailed a copy to me & Bump, not June. He did not think that was right that I was not in the Will. I told him that I never got a letter from him. (He never wrote me a letter in the 60 years that I have known him.) I asked jack if he would send me a copy of his letter to me. He said he had probably thrown it away or doubted if he could find it in all of his junk. Note: Patty Hon said that they never seen the wills until after dad died. After dad passed she said they were waiting to see what the Will said.
I told Jack the reason that I had taken my name out of both Mon & Dad’s Wills was to remove any risk possible that my Kolbjornsen litigation and resulting IRS withholding Tax issues would affect Dad’s Estate. As it turns out it was an overreaction on my part that cost me my inheritance. I told Jack that dad told me in a tape recorded conversation that “I took them up to John Rubow’s office today They, (Bump, June and John) promised me on their honor that they will honor my wishes that I take to my Grave”. His wish, and the understood agreement between Dad, Bump, June and you Jack, John Rubow and me was that you, Bump and June would all hold my Kansas property for me and my share of the Estate in your names for me. Prior to mom’s death the properties were being held for me in Mom & Dad’s names. This agreement and 2001 deed were on the recommendation of John Rubow after Mom’s death. This was the understanding between all parties. For reasons based upon the trust of family members, It was not reduced to writing. Then the family members for various reasons, greed, support and legal advice of Gary Nelson collectively decided to easily take unfair advantage in not honoring the agreement and took my inheritance and my land. June ordered the April 11, 2005 deed that replaced her name on the deed to both her land and my land with the names of Gary & Tonia Nelson. Dad apparently was told by June that The Nelsons would also honor the agreement in place of June, along with Jack and Bump as their names were on both the 2001 deed and the 2005 deed. June told dad that she needed to replace her name with the Nelson’s on the deeds as she was going on Medicaid and did not want Medicaid to take the land. As the deeds to both June’s land and my land were identical except for the legal’s and names. The Nelson’s names were on both deeds, and Jack and Bump’s names were also on the 2005 deed to my land, as they were on the 2001 deed. It is possible that June had dad sign both deeds and he did not know that one of the deeds was to my land. June’s land contained two separate parcels of land and dad may have been led to think the two deeds were Junes 200 acres. These are the facts and the record and the conduct of the parties supports these facts, except for those that chose to go with their self serving opinions and greed and ignore the facts. The controversy arose as a result of this dishonesty.
It is also a well know fact, and everyone knows that mom’s wishes and understanding was that Larry was to get his land and share in the Estate equally with his siblings. Mom held to these wishes until she passed on January 31, 2000. Mom’s hand written notes also explains who was to get what. Dad and I and Rubow explained to mom why I was taking my name out of both her Will and dad’s Will which were identical. Mom died with the understanding that Larry would get his share of the land and the Estate assets after the Kolbjornsen and IRS issues were resolved. My lawyer Ted Coates told both dad and me that my property should be held in a Irrevocable Trust. Dad did not trust lawyer’s or Trust although he did trust John Rubow as his lawyer and appointed him Executor of his Estate. For reasons known only to John Rubow he chose to ignore, forget or dishonor the agreement that he suggested to dad, my three siblings and me that they would hold my land and my share of the Estate in their names in trust for me.
I saved Jack’s land for him; June could have taken the land anyway:
I told Jack, “I talked dad out of giving your 360 acres to June in his Hospital room Memorial day 2005 and saved your land that you gave to Patty Hon, and then you helped June take my land from me”. Jack surprised me when he said.” June did not have to give my land back to me because she had the signed deeds from dad and could have kept it”. I said no jack, dad had told her immediately after he signed the deeds that the deal to give June your land was off after I complained and told him this is not right, and said “both you and mom decided that Jack was to get the 360”. I said she could not have kept the land as I knew about the live deeds she had, and told Bump so he knew about the live deeds, and Bump told John Rubow so he knew about the live deeds. If she had of recorded them after dad canceled them She would have had a big problem, and she knew it. She never did you any favors. She told Bump that she had lost them then she changed her story and told him that she found them again. Jack then said June wanted to do the right thing. He told me “June sat down with Patty and me and asked Patty how to cancel the deeds. Patty told her to just draw a line through them and mark “Void “on them. Jack still defends June after all that she has done in stealing land and destroying our family. Jack told me that he remembered everything in the Hospital room, but does not remember dad telling June, “forget it June - the deal is off”. I do not understand this as he was only five feet from dad when he said this. He was lying on the floor and Patty was sitting in a chair and I was standing. June and the Notary Public left the room in a huff with June telling me “Larry you SOB what don’t you mind your own business”.
Jack said, “Dad did business as he always did. He did with the land as he did with everything else.” He would tell me here is how I want you to plow the field”. He said the deal with June and the land went like this. “Dad told me the only way that I’m going to get June to come over here is to give her the deed to the Home Place, (360 acres with buildings) and you will get her 200 acres”. (Raw Land) ”.
Javae: Javae asked Jack “Why don’t you like me – I never done anything to you. Jack said I don’t even know you. Javae ask jacked “Where is the honor in all of this”? Javae said “As a matter of honor you should made things right.
Horse Ranch Sold: Jack said the Horse Ranch was sold for $90,000 to one of Billy McMillan’s hired hands. Jack told me they were glad to get rid of Lynn Hinkel because he turned out to be a real ass hole and pestered him to buy the Horse Ranch and said that dad had told him that he could buy it.
Adam’s Mineral Checks. $49,000 in Colorado Oil & Gas Class Action Settlement Checks that belonged to Adam: I told Jack that Rubow had gotten $49,000 in three settlement checks from two Class actions cases against Entera Oil & Gas and Meritt Oil & Gas for the years of 2003 & 2004. Two checks were from Entera and one was from Meritt. Rubow sent the three checks back and had the Oil Companies and had them make out the three settlement Checks to the Estate. I told him Jack that these settlement checks belonged to Adam as he was in title since early 2001 when he, Dad, Bump and June signed them over to Adam and Dad. I told him that Rubow had sent Adam and me the notice to file a claim with the Probate Court if we had a Claim. I told him that Adam did not want to have anything to do with the Kansas Cases or the Estate any longer he was feed up and finished with the deceit and the fraud. I told Jack that Rubow knew these checks belonged to Adam as the deeds were signed in his office in early 2001. Jack said he did not know about these checks. I said they were listed on the Probate Settlement Work Sheets filed with the Probate Court. I ask him where the money went. He said he guessed that it was split between everyone like the other assets was. (Adam & Larry Excluded.) Jack told me that John Rubow charged $25,000 for the Probate Legal Fees and Gary Nelson got $50,000. I told him that Adam and Me had spent $50,000 on five lawyers and got nothing.
What do you think of me: That was then and this is now?
I again said to Jack, “Jack I love you and I forgive you for being involved in the taking of my land, and when you die I want to be your brother and your friend”. What do you think of me” he responded “Well you have made a lot of mistakes. I yes I have Jack, and that was then and this is now. I then asked him “Have you made mistakes in your life? He said “Yes”. I said “That was then and this is now. I further stated, “It is never too late to do the right thing.” I said you know what the right to do is. “Give me my land”. He said what can you do about the stuff you mailed out and what you have got all over the internet? I said I will tell the world how you had the courage and the good character to do the right thing, and give my land to me, and I will spend all the time that it takes to do so. He said, “Let me think about it”. He said “I may consider something and making it right.” I asked him what he thought Patty would think about that. He said “no problem she would do as I ask her to do – I am not worried about that.”
Jack and deeds. Jack said that he wished that we had all gotten together and thrown the deeds on the table and decided who got what. He said that Judge David Rogers had told dad to use the “Transfer On Death Deeds”. I told him that Dad had told me several years before he passed that Gary Nelson had suggested the “Transfer On Death Deeds”. These April 11, 2005 deeds made it so easy for June to simply have a new deed to my land prepared by Rubow at the same time that she did so with her 200 acres. Both deeds replaced the prior 2001 deeds and listed her daughter Tonia and son in law Gary A. Nelson. The 2001 deed to my land only had the names of June Dedeke, John Roy Fail and Ivan Lee Fail as was agreed to by me and Dad as suggested by John Rubow. The April 11, 2005 deed replaced the 2001 deed and replaced June’s name with that of Gary & Tonia Nelson. The Names of John Roy Fail and Ivan Lee Fail were on both the 2001 & 2005 deeds.
My new Family.
I told Jack that I love and miss my family, and I have new family members “Wild Oats” that is a part of my family that I want to be part of our family if he wants to. Two sons, a daughter in law, five new grand kids living in Neodesha and Wichita. Even though I have been far less than perfect, God has been good to me.
Pam. Jack said that Pam had called and was real mad at him because no one had told her that dad had died or about the funeral. Pam told Jack that she wanted to come up and see the farm, Jack told her “let me think about it” – then he told her “no”! “You did not want anything to do with dad or mom or us all of these years so why bother now.
Plenty of money for all. Jack said there was plenty of money for everyone, and wished that it had off all worked out differently.
Letters that I mailed out and the stuff on the Internet.
When I again told Jack that it is never too late to do the right thing, he said “I will think about it”.
Then he said “what you going to do about the letters that you mailed out and all the stuff on the Internet, what you going to do about that”. I said I can handle that, I will be more than happy to mail everyone and spend all the time necessary to tell the World that you are an honest person with enough courage, guts and decency to do the right and correct the mistakes and gave my land back to me. Jack said “I will think about it”.
Several times during the meeting -Jack said “I have to go now”, but he showed enough interest and respect to spend time with Javae and me. I am glad that Javae and I were able to see Jack and that he was willing to spend some long overdue time with Javae and me.
The meeting lasted approximately twenty minutes.
Adam’s letter to the Family dated November 27, 2005. After the “No Contact Order Was Issued by June Fail – Dedeke.
From: Adam [email@example.com]
Sent: Sunday, November 27, 2005 12:19 AM
Subject: Letter to the family:
The path you have all taken is one of revenge, jealousy and hatred. Be assured, what you have done amounts to nothing less than a criminal conspiracy and will be exposed as such. You are not only attacking Larry, but all of his children as well. What have any of us kids done to deserve this? Nothing. You have all turned you back on us; and all we have ever done is love you and treat you like true family. If any of you had any honor or integrity, we would be sitting down discussing this as a family, but you do not. You have, instead, followed the path of silent hatred that you resent your parents for. You are Bessie and Bernice all over again; you have learned nothing. You have stabbed us in the back by placing greed and vengeance before your family. Shame on you all.
Ask yourself an honest question: how many investments have you made in the last 30 years? And out of those investments, how much money has been added to the Fail family estate? Now, since we all know the answer adds up to zero, ask yourself this: how many investments has Larry made in the last 30 years? And how much money has he added to the Fail family estate. The fact is, as Ivan J. Fail will tell you himself, there would be hardly any estate at all without “the deals Larry found and convinced me to get involved in.” And now you, you who have been nothing but a financial burden on Ivan, intend to steal from Larry all the money that he made for this estate; to which, again, you have contributed nothing. This is arrogance beyond reason; and can only stem from vengeful ignorance. Ignorance is running deep with you all. You view passionate and intelligent people with suspicion because you feel threatened that they may out-smart you. This is one reason why you all hate Larry. He was the only one of your number who ever had the passion and the will to take risks and make money; and you will never forgive him for this. You were too lazy, fearful or apathetic to ever accomplish anything of substance with your own lives, so you project the blame for your failures onto him and justify excluding him from the estate. Shame on you all.
If ever you have done anything in your lives worthwhile, it is through having children. But none of you have the deep meaningful relationship with your children that Larry has with his. This is because you blame your children for your mistakes. Without exception you have all been failures as parents and, as Bump is so very fond of saying, “it is time to take some responsibility.” Any success your children have and will achieve is a result of their own individual character and no thanks to you whatsoever; you have, again, been nothing but a burden. In your hearts you know this to be true, but your boundless jealousy and resentment of Larry, and Ivan J., allows you to delude yourselves.
You speak of Larry as if he has caused you all great injustice, but none of you can come up with one example of what he has done to deserve this. This is extremely hurtful because he is the only one of you four children that has wanted to hold this family together. He has, over the years, brought a wealth of happiness to Ivan and Bernice; and you can’t stand this. In fact, you even resent Ivan and Bernice for this. Thousands of family photos, hundreds of holiday and birthday gifts (which Bump refers to as trinkets); gifts, not just to the parents, but to you all. With what in return? You have never given him anything, and he asked for nothing, and yet he has continued to love you regardless. He loves you all more than you would ever admit; and all you can do is scorn him and blame him for your shortcomings. This is not a false claim; the vast evidence is all around you, but you remain content with your heads buried ignorantly in the sand.
I will now address you individually:
Bump, as you know, I have long looked up to you with tremendous respect and admiration. You helped kick start some of my most heartfelt passions, which have led me all the way to the beaches of Normandy. I have always thought of you as a man of integrity who seeks justice, not only for himself, but for those around him. I have admired you since I was a child, but I am now being forced to abandon my admiration. Your willingness to go along with, and therefore promote, the criminal acts being perpetrated against my father is inexcusable. You have always known Ivan J’s wishes in regards to the estate and you told me so just last week. Whatever your motive, I never would have expected this from you. I ignorantly placed my faith in you to fairly protect the long established agreement, but I underestimated the power of greed. Had June put the deeds in her name only, and not yours as well, I imagine things would be very different. I hope with all of my heart that you will reclaim your dignity by doing the right thing, but as it stands now, I hold you to be nothing less than a coward and, above all, a traitor.
June, if Bump is a traitor, and then you are the Confederate States of America. The close and caring relationship we have had has been exposed to me as nothing but a devious manipulation for your personal gain. As such, you are the most sinister, cunning and empty person I have ever had the displeasure of wasting time on. I can only attribute this to your years of disturbingly faithful marriage to the most arrogant, paranoid and repulsive man any of us has ever known. To place that human rat in front of your family and, especially, your children, is beyond sick. The damage Gene has inflicted, and continues to inflict on you, your children and our entire family is far beyond repair. He has only made enemies wherever you have gone. He has been a miserable failure in every aspect of his, and your, life and has succeeded in damaging the lives of everyone he meets. He hates this world, and above all, he hates people who are happy and successful; because it is everything he is not nor ever will be. Can you name one successful person that has ever befriended Gene? Bump criticized Larry for allowing Jason to bring his wild friends into Ivan and Bernice’s home (for a week), but you have brought Ivan J’s only enemy, in the world, into his home and allowed him to abuse and manipulate your father 24/7/365. By forcing this cockroach into our lives, you have exposed to us your true nature; and it is vengeful and sadistic. You are the most two-faced person I have ever known or ever hope to. As the ringleader, the lion’s share of the shame rests with you.
Jack, you don’t seem to care about any of this, so why should I even try?
It is hard for me to believe that our family has come to this sad end. It tells me that what I have considered as my family for a quarter of a century has not only been a delusion, but an utter and complete waste of time. To invest as much love, concern and emotion as Larry and us kids have, and then to be betrayed like this is surreal and sickening. You have all given in to the most petty and superficial of human emotions; namely greed, jealously, resentment and hatred. This is a disgraceful testament to your character and your conviction. I hope that you will find the virtue in your hearts to undo what you have done. Cast off the dark cloud of resentment that’s haunted this family for years and you’ll find some measure of peace; if not, then you’re all Failures.
5470 SO Greenwood St.
Littleton, CO 80120
(303) 730-2100 / 1-800-722-9529 / Fax (303) 347-2100
It Is it what it is.
That was then and this is now.
RE: File John Fail Meeting 06/08/2012
On Thu, Jul 12, 2012 at 8:47 PM, Larry MacPhale <firstname.lastname@example.org> wrote:
Ivan Lee Fail & John Roy Fail,
RE: September 19, 2005 letter
I have re-sent you a copy of my September 19, 2005 letter that I sent you back then. I never got a response from either one of you. You both told me that you never got my letter. I also told June to read it to Dad. She told me that she did, she lied to me as both of you also did, and still are. The last time that I saw dad in Oct/Nov 2005, I asked him if June had shown or read my letter to him, June, Gene and you two. His response was, “Larry this is the first time that I have seen this letter”. I read it to him. He choked up and said, “Larry that is a very nice letter”
You complain about the $60,000 that you spent on legal fees in the Fail v Fail case. If you would have been honest and followed Mom and Dad’s wishes instead of Junes lead and greed, the Nelson’s hate and greed, and your greed and dislike and resentment of me there would have been no legal fees including the $50,000 that I spent.
The fact that you chose to toss my letter in the trash and not respond now tells me what your motives were. You two, June and the Nelsons planned this crime long before dad passed, and you know it. You both played dumb back then and you are still playing dumb today.
Your position & conduct is about as foolish and disingenuous as the two tailors / swindlers that lied to and misled the vain Emperor into believing that they had crafted fine clothing for him, such fine clothing in fact that you could not even see it, or see the truth.
A vain Emperor who cares for nothing but his appearance and attire hires two tailors who are really swindlers that promise him the finest, best suit of clothes from a fabric invisible to anyone who is unfit for his position or "just hopelessly stupid". The Emperor cannot see the cloth himself, but pretends that he can for fear of appearing unfit for his position; his ministers do the same. When the swindlers report that the suit is finished, they mime dressing him and the Emperor then marches in procession before his subjects, who play along with the pretense. Suddenly, a child in the crowd, too young to understand the desirability of keeping up the pretense, blurts out that the Emperor is wearing nothing at all and the cry is taken up by others. The Emperor cringes, suspecting the assertion is true, but holds himself up proudly and continues the procession. After this experience, the Emperor vows never to be so vain again and take his position more seriously. (It is never too late to do the right thing.)
It was such a big lie that the Emperor believed it. All the Emperor’s subjects even believed it as they watched him parade. Just like all the folks in our Kansas Case, and even Judge Rogers believed your big lie. It took an innocent honest young child to see that the Emperor was in fact stark naked. His bare ass was revealed for all to see - just as your dishonesty has been, and will continue to be revealed for all to see. Do not kid yourselves everyone that wants to see the truth – sees it, even in the Fail Fraud Case.
We spent a total of $110,000 simply because of your resentment and hate for me. Your burning desire to get back at Larry motivated you more than the land and money did. Both your kids and my kids could have used this money in many ways, including continuing their education and a rainy day fund. I do not understand why you hated / hate me this bad. Why?
September 19, 2005
Dear June, Gene, Dad, Ivan Lee, and John,
I have been trying to get this letter written since I came back to Colorado from Kansas with my little U-Haul and all the stuff that had collected there for the last 64 years. Like the home place, it was a part of my life that I have never wanted to turn loose of. I hope that you can understand that.
I love it back there and it will always be my home. My thoughts are always there but I have tried to make a life and a home here, and I have to one degree or another, but somehow it is just not the same?
June, I want to apologize to you again for the distasteful and hurtful things that I said to you the day I moved the things out of the home place. And also how I acted and/or reacted to the events at the Hospital in Parsons.
Someone and you know who lit my rockets for whatever reason? There seems to be some unresolved hostility for whatever reason. I also had concerns for Jack for the reasons that I have previously stated. I also had my own selfish emotional turmoil stirring inside me.
I cannot begin to express my gratitude to you for the time you spent with Mom in her final days. I will always feel like I deserted her in her hour of need. I was not there for her as she had always been for me.
The last year before she left us I spent 80 hours in four different trips on the road to be with her. In comparison to the time that you, Bump and Jack spent with her, it was very little.
I could have done much better and should have. I should have spent the entire year there with her. Now I am feeling the same way about Dad. I know that he understands as he always has. I also know that he hurts when we hurt and he always has.
Gene, I want to tell you how much it means to Adam, Jason and I, and the rest of the family for you to be there beside June helping her to keep the home fires burning and giving Dad what he really needs right now at this critically important time in his life.
Dad, June and Bump have all told me how you have grabbed a hold of the situation there in such a positive and productive way. Dad really needs what you are doing for him right now. He told me that he has never seen anyone improve any place like you have done there.
I also want to apologize to you for the cold way that I treated you the last time that I seen you there. Additionally, I want to say that I am sorry for anything that I may have done or said in the past that may have hurt you, June, Terry or Tonia or made you feel threatened in any way.
Regardless of whatever my good intentions were at the time it was insensitive of me. However perception trumps truth all to often. You are my brother in law, and June’s devoted husband and I am glad that you are there with her and Dad. I wish you all the happiness, good health and good fortune in the world.
John, I am sorry for anything that I may have done in my life that may have offended you. Please accept my apology and try to understand me as much as I want to understand you. For whatever reason we have let far too many years pass by without spending the time together that I wish that we could have.
I will never forgive myself for the way that I misunderstood and mistreated you when you stayed here with me in Colorado when we both worked at Re/Max in the mid 70s. As mom always used to tell me, “Jack is a silent sufferer”. Your pain I did not understand and/or relate to at that time. I am sorry. Please forgive me.
The last event at the Hospital in Parsons where I overacted, misspoke, and made a fool out of myself in front of everyone upset you, and for good reason. It was unforgivable, but please forgive me anyway if you can.
I am not a silent sufferer like you. If I had of went where you went and went through what you must have, I would have screamed my ass off and made a fool out of myself and made everyone else as miserable as I was.
We all have our own unique talents, strengths, warts and weaknesses for many different reasons. I am trying to deal with mine the best way that I can. Hopefully better now and into the future than I did in the past.
Bump, all my life I always looked up to you as my big brother. One time I will never forget. When I watched you board the big silver, red and yellow Santa Fe Stream Liner with the big light in its nose in Independence on your way to become a Marine. When I watched it pull away and disappear into the distance, I cried my eyes out.
I know that I have said and done many things that have hurt and disappointed you. I remember the time up on the Suttcliff place, when I got pissed off because you would not let me dip my paint brush (an old dirty stick) into the new can of yellow paint that you had bought that went onto old Billy’s two-wheel cart with metal wheels that he later ran through a fence and tore up. Then Dad took care of the problem by hauling him off to the sale and selling him.
I remember the times when we used to ride around Altoona and Neodesha looking for two-legged trouble when I never had one more dime to loan you for one of you’re many phone calls to who knows who?
Then all the times in between to a recent time when I blew up when you became preoccupied and did not lend your ear to Javae’s new rap song that he and his brother Adam had produced. For some reason, (unknown to me) I made a fool out of myself and embarrassed everyone and greatly disappointed Dad.
Then there was the loss of Debbie and Pam and the pain for everyone that perhaps could have been prevented if I had been a better person way back then. My narcissism and bad temper was more than most people could have understood and/or tolerated. She made her mistakes also, but now I am more concerned with my own mistakes.
Each of us has had our own shipwrecks as Dad says. We have had to deal with them in our own way, and many times with Dad’s help. We are all tormented by missed opportunities, general screw-ups, and regret.
It seems to be me more than the rest of you. The Woulda, Coulda, Shoulda blues wakes me up in the middle of the night all to often. It is hard for me to move on like Dad was always able to do. He avoided many of the mistakes that I have made in my life.
The only explanation that I can give for this difference is, and I have to admit, he has always been of better character than I have been in the past.
He set the standard bar pretty high. He also possessed the wisdom to walk around tar pits while I went swimming in them for some ungodly reason.
Another person that set the bar high was Abe Lincoln. He said “A person is about as happy as they make up their mind to be”. For many reasons and/or excuses I have had a hard time making up my mind to be happy.
For that I am sorry for everyone that has to deal with it. Both Abe Lincoln and Dad had many losses, heartaches and disappointments but it was there character that gave then the strength to survive and thrive.
Dad, what can I say to you other than to say, you are the best. If given the opportunity, I could never have chosen a father that I could be more thankful for. I am having a hard time dealing with the knot in my gut put there by all the times that I let you down and disappointed you, and I know that there were far to many.
Everything from running off and getting married at sixteen to the nasty and insensitive little 60-minute trick that I pulled on you. There was so many times in between that I let you down that it would take the rest of my life to type it and make it up to you.
I know that you don’t remember many of them because you have been the most forgiving person that I have ever known in my life. Far to many times I took advantage of your forgiveness and generosity. Please forgive one more time for all of this.
When us kids went on a pity party after a hard fall or suffered a disappointment or loss, Mom always told us to count our blessings. Dad, we will never know if she truly counted you as one of her blessings. I am sure that she did but she never knew how to fully express herself for some reason in such matters, and you always understood that.
I do count you as one of my most cherished blessing and I always will. I felt the same way about Mom. Considering the many wonderful blessings that came from you two, a sister, two brothers and their children, and my precious children I can only say, you will live on in all of us forever. I only hope that we can touch and love as many people in the kindest of ways like you have. You never over talked the word love, but you walked the walk.
So many people that I have met never had a Dad that they knew because he deserted them or passed when they were very young. Again, I thank you for taking such good care of yourself so you could be with us for all of these good years, so you could take good care of us.
Dad, I hope that you can recover to a quality of life that makes it worth living. We want you with us forever, but we know that this is not to be in this earthly place. As Jason told you in Wichita, “Grandpa, it’s ok for you to go anytime that you want to”. We can take it from here.
Gene and June, Ivan and Cindy, John and Patty. You are my family, and time is far to short for all of us to be anything but kind and understanding to each other. When you hurt I hurt. When you are unhappy I am unhappy.
I want you to be happy and enjoy what is left of your life. I want to be a part of your life and I want to contribute to your happiness in any way that I can.
There are other families that appear to have supported each other more than we have for whatever reasons. I know that we can come together and make this up to each other in some wonderful ways. It would honor both Mom & Dad. They both deserve nothing less.
As Mom always used to say in her heartfelt letters to us all,
“Love and Prayers.”
June. Please read this letter to Dad when he feels like hearing it. I want him to know yet again how I feel about him. I also want him to know how I feel about the rest of you.
I want him to know that we all love each other, and will be here for each other when he leaves us some of these days. I recently discussed some of this with him over the phone, and told him to tell you all. He said, I will let you tell them, and so I have.
(Update June 15, 2012)
Note: I never received a reply to this letter from anyone as of June 15, 2012.
Note: On November 1, 2005 while visiting my father Ivan Fail at his home in Wilson County Kansas, I ask him if June had read this letter to him.
He said ” No - I have never seen that letter before ”
He further commented “Larry , that is a real nice letter”.
(File - Ivan J. Fail Dad 09/21/2005)
On Thu, Jul 12, 2012 at 9:09 PM, Larry MacPhale <email@example.com> wrote:
Ivan & John Fail
RE: February 9, 2006 letter.
I have re- sent you my February 9, 2006 letter. Both of you have told me that you never received this letter. I never got a response from either one of you, or June, or Gary, or Tonia Nelson. I had also sent this letter to them. John- during our June 8, 2012 chance meeting in Neodesha you said something to the affect, “you never asked for you land – all you did was sue us”. I told you that I had sent you a letter right after dad passed asking for my land. This is a copy of that letter.
June and the Nelson’s strategy was “divide and defeat”. With your cooperation it worked. The criminal and immoral conduct destroyed our family. People who feel inadequate or “less than” handle it in different ways. It motivates some to work hard and see life through rose colored glasses and achieve in a positive way and take the high road. Other people’s negative self image festers and causes them to see everyone as a threat or see others through crap colored glasses as they see themselves. They take the low road and demonize and slander others and pull them down in their muck in which they exists. Gene & June’s poisonous mind control and influence over their children created bitter individuals and a witch’s brew of hate and resentment that created “the Leavenworth” horror story.
It further embittered Gene, June, Terry and Tonia to the point of madness, insanity and extreme hate of dad. They also hated me for helping dad and his lawyer to get Gene & June to sigh the Mortgage to secure the $175,000 that dad had loaned them to save their 80 acres. Dad and Jack even laid their bodies in front Bull Dozers and went to Jail for Gene and June to keep the County from building a Road t on the County Right away which bordered the 80 acres. This hate of dad and me was the undercarriage and motivation that created the design and the plan of fraud and theft which enabled June and the Nelsons to steal my land. You and John went along for the free ride to riches. Gene & June’s Leavenworth ignominy drove dad crazy and finally lead to the predictable conclusion and final atrocity of his death. If you and John do not remember the disgusting Leavenworth true story - I will mail you all of the Court Records from The Leavenworth Courts. I will do so anyway for your family record.
The Fail case made medical history. Eight people including you and Jack got Amnesia all at the same time. You had no memory of the wishes of our parents, and the agreement pertaining to the land that was intended for me even though we talked about it for 30 years. To maintain and continue your erroneous and invalid position that I am the wrong doer in this mess after you two, June, Gary and Tonia Nelson and Patty Hon wound up with all the land and money only contributes to the fallacy that Mom & Dad were dishonest know nothings. It makes us all look like a Ship of Failures & Fools.
The greatest and saddest part of this travesty is not about the money or the land. It is the betrayal and treason by family members to other family members. My son Javae asked Jack at our meeting in Neodesha on June 8, “Where is the honor in all of this”? Can you answer this question?
It can be corrected. It is never too late to do the right thing – before we die. -
5470 SO Greenwood St.
Littleton, CO 80120
(303) 730-2100 / 1-800-722-9529 / Fax (303) 347-2100
February 9, 2006
Ivan Lee Fail,
2885 State Hwy W
Marshfield, MO. 65706
Iva June Fail,
12682 Yale Rd.
Thayer, KS. 66776
John Roy Fail,
Rt. 4 Box 180
Fredonia, KS. 66736
Gary A. Nelson. #13696
316 South 5th St.
Leavenworth, KS. 66048
Easton, KS. 66020
RE: Estate of Ivan J. Fail
Greetings to you all,
Please do not wrongfully interpret this letter as a threat in any way. My sole purpose in writing this letter to you is to honor our Mother and Father’s wishes, their memory and their legacy. Furthermore I do not want to bear the responsibility and blame for a lengthy and costly legal battle that could last the rest of our lives. All four of us should and must come together to avoid this at all costs, other than forfeiting our rights and compromising the truth.
Never in a million years would either one of our parents have wanted to see any one of their children disinherited, or treated unfairly by any of their children. You know this to be true. You all know what their intentions were in regard to their estate, for all of their children, to share and share alike.
You know that after mother passed in 2000, Dad wanted me, Larry Allen Fail, his second son, your brother to share in all of the assets of the estate. Additionally, Dad wanted me to receive the 28-acre Horse Ranch, the 160-acre George place and the Ness County Mineral interest. You know this to be true.
You also know, eight years ago, Dad and I purchased the 28-acre Horse Ranch with the proceeds of the sale of 40 acres of raw land in Adams County Colorado that we shared an interest in using a 1031 tax deferred exchange.
As you also know that I purchased the Ness County Mineral interest with my own money in the 1980’s. You have always known that the 160-acre George place was my share of the 1100 acres of land in the estate. Ivan Lee was to got 400 acres, Iva June was to get 200 acres, and John Roy was to get the 360-acre home place.
Now that I have reminded you of the facts, I appeal to you to come together with the counsel of trusted family members, and competent and ethical legal counsel and remember and deal with the facts and what you know that both Mom and Dad truly wanted for all four of their children. What they did not want was for anyone of us to take unfair advantage of another.
They were always fair and honest with each of us and we owe nothing less to them, their memory and their legacy. To attempt to take unfair advantage of another and then attempt to lay the blame upon Dad’s grave is hard for me to comprehend. It simply stuns me. I cannot accept this. The only thing that I can accept is that a mistake was made or someone forgot the facts.
One thing that we all should agree on is the facts. One thing that we can all agree on is this. Mom and Dad would not have wanted to see the fruits of their life long labors to be squandered in long and costly litigation. Divided, this is what is going to happen. Together we can avoid this and get on with our lives in the best interest of our children’s futures, reputations, dignity and the quality of what is left of our own lives. Fair play common decency and whatever respect that we can muster for each other.
Resolving the problem by working together we can avoid life long embarrassment to ourselves, our children, and Mom and Dad’s memory that will be created if you choose to ignore the facts and the wishes of Mom and Dad.
To accomplish this we must put our personal feelings for each other aside and focus on a common goal that will resolve our differences and honor our parents lives and wishes and accept the share of the pie that they wanted us to have and ask for no more. They wanted us to share and share alike. Ivan Lee, Iva June, John Roy and Larry Allen each to get ¼ of the estate assets.
Please remember, every step that we take in the wrong direction, will take us many miles, and many years, and some times forever to correct, and forever is never. Please help me do this the easy way. I implore you to honor Mom and Dad’s wishes.
I respectfully request a written response to this letter within ten days from the date that you receive it.
(File - Fail Family Letter to settle 02/09/2006 - corrected copy)
It resulted in Five Years of expensive Litigation in the Fail v Fail Case in Wilson County District Court, in Fredonia Kansas, The Kansas Court Of Appeals and The Kansas Supreme Court.
Once Leavenworth Lawyer Gar A. Nelson got his name of the Real Estate Deed, he locked on like a Bull Dog and was successful if defrauding Larry Fail and his children and taking their land. Lawyer Nelson knew Judge Rogers for 30 years and went to school with him.
See The Ivan Lee Fail Tag for further information
Note: As of October 1, 2012 and counting neither Ivan Lee Fail or John Roy Fail had the Courage, Guts, decency or respect for me, my children or our parents to respond to my letters to them. It appears that they have no defenses for their disingenuous and criminal actions of Theft, Fraud, Perjury, Elder Abuse, Foul Play and/or their tacit approval and/or complicit and Vicarious liability in their implication in the act of murder of Ivan J. Fail. *
* authors opinion
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