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Jennifer S. Gromley, Tamra Palmer Reviews
1. Mildred Janowitz (hereafter -Janowitz") is a 95-year-old widow and this is an action to recover damages she suffered as a result of Defendants' breaches of fiduciary duties, malpractice and fraud.
Parties, Jurisdiction and Venue
2. Janowitz is a resident of Douglas County, Colorado.
3. Joshua M. Rexon (hereafter "Rexon") is Janowitz's grandnephew and was appointed by the Douglas County District Court, State of Colorado to serve as Janowitz's guardian and conservator in Douglas County District Court Case No. 12PR91.
4. Rexon is a resident of Los Angeles County, California.
5. Defendant Jennifer S. Gormley (hereafter "Gormley") is an attorney licensed to practice law in the State of Colorado
6. Defendant The Law Office of Jennifer S. Gormley, P.C. (hereafter "Gormley, P.C.") is a Colorado Professional Corporation with its principal place of business located in Arapahoe County, Colorado.
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.
Palmer, is, and was at all times complained of herein, the Public Administrator of the 18th Judicial District, State of Colorado.
Defendant Palmer, Goertzel & Associates, P.C. (hereafter "Palmer, P.C.") is a Colorado Professional Corporation with its principal place of business located in Arapahoe County, Colorado.
Defendant Matthew Alex Dill (hereafter "Dill") is a resident of the State of Colorado.
Defendant Jean Powell (hereafter "Powell") is a resident of the State of Colorado.
Plaintiff anticipates that additional defendants will be made known during the discovery process and reserves the right to amend this Complaint to add such parties as they become known.
This Court has jurisdiction pursuant to C.R.S. §1 3- 1 - 1 24.
The actions complained of herein occurred in Douglas County, Colorado; Arapahoe County, Colorado; and in the City and County of Denver, Colorado. Venue is proper pursuant to CRCP 98(c) (5).
Plaintiff hereby incorporates the above Paragraphs as if fully set forth herein.
Janowitz and her husband owned and operated the Janowitz Land And Cattle Company, also known as Horse Patch Farms (hereafter "Horse Patch Farms"). They raised championship Palomino Quarter Horses, some of which were used in Marlboro advertisements in the 1970s, and were inducted into the Palomino Horse Breeders of America Hall of Fame.
After her husband died, Janowitz continued to operate successfully horse Patch Farms. She was inducted into the American Quarter Horse Hall of Fame in 2004.
As Janowitz aged, her ability to operate Horse Patch Farms was compromised by her deteriorating health.
Janowitz began to rely more and more on Dill, as her "Ranch Manager," to operate Horse Patch Farms and manage her financial affairs.
Unknown to Janowitz, Dill, sometime during 2010, began to use the Horse Patch Farms facilities, e.g. barn, stables, riding arena, corrals, and pastures, and supplies for his own benefit.
Without Janowitz's knowledge, Dill, in 2010, 2011 and 2012 used Janowitz's money to purchase horse feed, supplies and services for Dills horses and Powell's horses.
Unknown to Janowitz, Dill, in 2010, 2011 and 2012 charged individuals to train and board their horses. Dill kept all of the money from such activities for himself.
Unknown to Janowitz, Dill, in 2010, 2011 and 2012 charged individuals to graze cattle on Janovitz's land. Dill kept all of the money from such activities for himself.
Unknown to Janowitz, Dill, in 2010, 2011 and 2012 used Janowitz's money advertise and sell his horses and Powell's horses.
As a result of Dill's actions, Janowitz ran out of money and was not able to pay her care givers.
Janowitz, in November, 2011, consulted with her physician, Amelda Heckman, DO, who advised Janowitz to seek help with her financial affairs. On or about November 6, 2011, Janowitz wrote a letter directing her friend Paula Collis and Rexon to act on Janowitz's behalf for all of her financial affairs.
29. Rexon and Collis began to assist Janowitz with her financial affairs in November, 2011. They negotiated with Janowitz's creditors and ensured that Janowitz had the in-home care that she needed.
While examining Janowitz's finances, Rexon and Collis became concerned about Dill's activities. They also noticed that many of Janowitz's checks were not written by her and appeared to have been forged.
Rexon and Collis notified Janowitz's attorney, Jerry Burk (hereafter "Burk") of their concerns and sought Burk's assistance on behalf of Janowitz.
Burk, on December 9, 2011, sent Dill letter asking for an accounting of his activities as Janowitz's Ranch Manager.
After receiving Burk's demand letter, Dill, or someone acting on his behalf, arranged for Gormley to meet Janowitz.
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)