Friday, October 31, 2014

Misconduct Complaint Filed With Utah Bar Against Attorney Lorie Fowlke

Filed by Adam Mackley 1:51pm Oct 31

Ogden, Utah 84404 ATTORNEY “LORIE FOWLKE” 
(801) 389-8771 BAR #6875

Lorie Fowlke in her own Affidavit, shown as, Evidence “A”, to conceal, made misrepresentations to newly assigned Judge Mcdade, about what statements she made on May 16th 2013. Lorie Fowlke’s Affidavit Paragraph 4 she falsely stated; 
”On May 16, 2013 during oral argument in this case I indicated words to the effect that none of the parties had signed a declaration of paternity. At that time, to my knowledge, this was accurate.” 
On May 16th 2013, Lorie Fowlke actually stated:
“As a matter of fact, in 302 and 303, which is a voluntary declaration of paternity provision, it specifically says that father’s [Adam Mackley’s] voluntary declaration of paternity is void unless Mr. Barney, the presumed father, files a denial of paternity, which of course has not happened in this case.” 
Evidence “B”. 5/16/13 Tr. at p. 28,, ln 1-5. Evidence “B”.
The fact is “Mr. Barney” Voluntarily signed the Denial of Paternity and did it with out my knowledge. Evidence “C” Also, July 2012 in court, the Voluntary Declaration of Paternity form, was handed to me in front of Lorie Fowlke, I filled out the sections; Name, Address, and Social Security Number, and then I handed it back to Adrienne, in front of Lorie Fowlke.

Statements have been continuously crafted to avoid, conceal and misrepresent the facts about this legal document, in doing so, constructively admitting to the knowledge of the Voluntary Declaration of Paternity, the Voluntary Denial of Paternity by Presumed Father and verifies there legal validity. 

Lorie Fowlke’s Affidavit Paragraph 7 she falsely stated;
“At no time did anyone involved in these two cases, including Adam Mackley, indicate to counsel that a Declaration of paternity had been executed.” 
This is false, because in court on May 16th 2013, I stated; 
“But I signed the VDP.” 
Following my statement Lorie Fowlke argued
“…[Adam Mackley’s] voluntary declaration of paternity is void unless Mr. Barney, the presumed father, files a denial of paternity, which of course has not happened in this case.”
Also On February 7th 2013. The Declaratory Judgment Case number 134400322 was, made the specific request;
“…requiring Adam Mackley to withdraw his declaration of paternity from the Utah Bureau of Vital Statistics.” Evidence “D”
On June 26, 2013, and again on August 22, 2013 Lorie Fowlke, in bad faith, filed proposed Order Granting Motion to Dismiss and Findings of Fact, Conclusions of Law, falsely indicating that the court ruled to dismiss my Case 114402136. Evidence “E”. The court did not rule on any motion to dismiss ever. And at the hearing on May 16, 2013, the trial court made a ruling on the declaratory Judgment. The court ordered Colton's attorney only, to prepare an order. 5/16/13 Tr. at p. 48.. In 9, 10. The court further stated, 
“That order then does not apply to case No. 114402136”. 5/16/13 Tr. at p. 48,, ln 17. 
Further the Motion to Dismiss was not before the court on May 16th 2013, because my case which held the motion, was stayed. On July 1st 2013, Lorie Fowlke persuaded court clerk Trina to transfer the Motion to Dismiss, from my case to the Declaratory Judgment Case and change the dates from February 4th 2013 to February 7th 2013. Evidence “F”.

Lorie Fowlke, will likely misrepresent the facts regarding this complaint, the much of the misconduct described, herein is newly before the (OPC), and all of it, is involving misrepresentations made to new Judge. Also the facts of the case is that Declaratory Judgment’s by design, can not be used legally to rescind a Voluntary Declaration of Paternity or Voluntary Denial of Paternity by Presumed Father, nor can it be used as res judicata to dismiss my paternity case, instead the Declaratory Judgment and courts ruling on May 16th 2013, only identifies that the correct presumed father, in fact, signed the Voluntary Denial of Paternity, legally validating my Voluntary Declaration of Paternity to my Daughter.

Lorie Fowlke, has made countless misrepresentations directly to the court, causing hardships to my family, extensive unnecessary litigation, and gross miscarriage of justice, 

DATED the ____ day of October 2014. 
Adam Mackley 

SUBSCRIBED AND SWORN to before me, a Notary Public, on this ______ day of October, 2014. 

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