FAQ - FIN # 5: Why doesn't Mr. Young just get a job and support his family?

Mr. Young has a job.  He is CEO of Spencer C. Young Investments, Inc.

The current short-term corporate objectives are to regain the properties and assets stolen through fraud, racketeering, extortion, sabotage, corruption, and the orchestrated assassination of his career and livelihood by the collaboration of esurient bankers, unethical attorneys, corrupt public officials and unsavory others. The breadth and scale of the transgressions perpetrated against him is so large because the franchise value and reputations at risk from those who have participated in the cover-up is significant and numerous.

The notion of giving up and allowing such a malicious attack to succeed should go against the grain of every American, and allowing such bullies to succeed at something so dastardly is out of the question, for doing so will only further embolden these bastards to carry out their evil misdeeds against others.

And those loved ones who suffered most from this scandal-borne travesty are those who withdrew their moral support from Mr. Young, which in turn emboldened Mr. Young adversaries to continue their attacks with brazenness.  In other words, had they not given up on him, they would have never suffered such a precipitous decline in their standard of living that they have.

Notwithstanding, Mr. Young has unconditional love for each of his loves ones.  Therefore, upon regaining his wealth, Mr. Young intends to provide them with at least the same standard of living they were accustomed to before they were impacted by the effects of MorganStanleyGate . . . but they must be able to sincerely acknowledge their errors in judgment, and be truly contrite for their past reprehensible and debilitating behavior toward Mr. Young.  

FAQ - FIN # 4: Why was Mr. Young so fiscally irresponsible?

He isn't now, and NEVER was.

The answers to the FAQs in FIN # 1 through # 3 above evidence Mr. Young to be a conservative expert in finance, who exercised prudence throughout his professional life, extending nearly three decades -- and was fraudulently interrupted by the transgressions of MorganStanleyGate.

That such a question could EVER be asked about Spencer C. Young reveals how dangerous those responsible for MorganStanleyGate are to the general public -- for if a nightmare such as this could be brought about so quickly and in such a devastating manner . . . it could happen to nearly ANYONE.

FAQ - FIN # 3: Why did Mr. Young over-leverage himself with debt?

Mr. Young  did NOT over-leverage himself. 

Virtually ALL of his properties were financed to be at no more than 50% loan-to-value ("LTV"), which is a conservative and prudent degree of leverage, especially given his access to millions in liquidity. His residence in Manhasset, NY was worth $1.2 million and had no mortgage -- and when he later expanded the living area by 25% and renovated the entire residence, the mortgage was $600,000 making its value $1.8 million or 33% loan-to-value. 

He purchased his Meadowmont condominium with ALL cash, and when he financed out equity (for redevelopment work), it was 50% loan-to-value. When he purchased The Pit Stop of Durham, it was done so at less than 50% loan to purchase price, and his purchase of The Courtyard of Chapel Hill reflected significant upside such that its stabilized LTV was to be less than 50%

Had Mr. Young not been subjected to the extensive MorganStanleyGate cover-up transgressions in NC, his net worth of $46.5 million would have reflected an aggregate loan to value of roughly 20% . . . hardly highly leveraged by any measure.

FAQ - FIN # 2: Why does Mr. Young have no credit and is unable to get a simple credit card?

Mr. Young is Ivy-league educated with a Masters degree in finance, started his career at a Big 8 accounting firm, and is a licensed Certified Public Accountant.  He had ALWAYS been fiscally prudent, and maintained an exemplary personal credit standing for decades -- in fact, he had maintained an "excellent" personal FICO score of 794 five years into the MorganStanleyGate scandal -- in other words, his credit record continued to be spotless five years AFTER Morgan Stanley's employment fraud had commenced and he was prevented from regaining comparable reemployment.

In fact, he would have readily maintained his superior credit standing had it not been for: (1) extensive commercial sabotage of his NC properties; (2) the outlandish smear campaign in NC; (3) the conspired reneged financings by Wachovia and Paragon; (4) his wife's dramatic increase in her spending (instead of cutting back); (5) his wife's delay in selling their residence in New York; (6) his wife taking out credit cards in his name without his knowledge and racking up over $40,000 in charges; and (7) his wife filing for divorce when the sabotage and smear campaigns were amplified. As a result the 794 FICO score plummeted to 583 ("poor").  Accordingly, a bonafide expert in finance and accounting with a net worth of $46 million, and a consistent seven figure income was suddenly unable to get a simple credit card, and a local NC bank refused to open up a simple checking account for him.

Notwithstanding Mr. Young intends to resolve MorganStanleyGate and expose those responsible for this astonishing fraud, regain ALL that was stolen, and ensure all legitimate claims are paid in full and that his high personal credit standing is FULLY reinstated.

FAQ - FIN # 1: Why was Mr. Young unable to get a job after Morgan Stanley fired him?

Shortly after Mr. Young was surreptitiously included in a firm-wide downsizing, he had job offers from JPMorgan Chase and Goldman Sachs, which mysteriously disappeared. With a team of client executives who helped him create the IQ® franchise, he had offers to join Barclays Capital and Allied Capital -- and yet again those offers were withdrawn without explanation.

It was later learned Morgan Stanley was responsible, motivated to protect the IQ® franchise Mr. Young had created.  As perhaps prophetic justice, those principally responsible for these malicious actions (John Westerfield and Anthony ["Tony"] Tufariello) were later fired for having caused over $10 billion in residential sub-prime mortgage losses, which nearly ended Morgan Stanley as a going concern.

The third person involved in this scheme (Warren Friend) was eventually fired, and shortly upon arriving at Deutsche Bank, he was fired and the entire real estate advisory business he was hired to run was shut down, no doubt due to the realization that Mr. Friend's entire career was predicated on fraud.

FAQ - FAM # 5: Why are Mr. Young's adult sons estranged from him?

Mr. Young's three adult sons (Michael, Kevin & Ryan Young)  have been FALSELY led to believe he abandoned them, when nothing could be further from the truth. 

In having his wealth STOLEN through an elaborate BANK FORECLOSURE FRAUD and GRAND LARCENY, and having been UNLAWFULLY deprived a livelihood (simply because he created a highly valued proprietary CMBS franchise on Wall St. (the IQ® franchise), Mr. Young has been ILLEGALLY prevented from providing the lifestyle to which his sons were accustomed and raised in.

Although their communications have been predominantly one-way, Mr. Young will NEVER abandon his efforts to regain the once close, loving relationship they all shared -- for he deeply loves and sorely misses each of his sons -- and they very much NEED him . . . and this includes Jackson, the youngest of his four sons, who was born to Mr. Young's fiancée, Leah Krier in 2008.

FAQ - FAM # 4: Why did Mr. Young default on his Divorce Settlement Agreement?

The default was a treacherously orchestrated fraud carried out by Paragon Commercial Bank at the secret behest of Morgan Stanley. Mr. Young's banker at Paragon, Martin Borden was provided copies of the Divorce Settlement Agreement ("DSA") during negotiations, and throughout such discussions, Mr. Borden provided ongoing assurances that Paragon would deliver on financing the key provisions of the DSA

It is noteworthy to point out that the estrangement Mr. Young had with his three adult sons had ended with the execution of the DSA in January 2008, and the four of them were well on their way to reestablishing the close bond they had prior to MorganStanleyGate.  However, by Paragon's defaulting on their commitment to make good on their financing, Mr. Young could not possibly make good on the financial provisions of the DSA.  This instance of treachery is why such an act was believed to be more heinous than murder in Dante's "Inferno", the third in his classic trilogy, "Divine Comedy".

Notwithstanding, once this agreement was executed, Paragon reneged with malicious intentions -- albeit right out of the Morgan Stanley / Kirkland & Ellis game plan book., and eventually became the foundation upon which the eventual multi-faceted foreclosure fraud was based.

FAQ - FAM # 3: How could Mr. Young divorce his wife after she was diagnosed with cancer?

He didn't.  Mr. Young's wife was unaware of her medical condition, and showed no symptoms until AFTER their divorce was completed -- and the full extent of the gravity of her condition was not known until well after their divorce was finalized.

It is a well-known medical fact that chronic stress can severely compromise a person's immune system, and if efforts are not actively undertaken to mitigate (e.g. through exercise or laughter) or otherwise confront it in a productive manner (e.g., using it to meaningfully change what you don't like in this world, and in a manner which will benefit many others) -- then physical maladies can surely manifest. 

In the context of there being no prior family medical history, it is Mr. Young's opinion that the stress of MorganStanleyGate not only caused the divorce from his wife of 24 years, but led to her pancreatic cancer -- and in effect, due to the premeditated nature of this scandal, those involved in causing and perpetuating it were complicit to, at the very least, an attempted murder -- for what began as an effort to assassinate a career and reputation. eventually became much more than that.

FAQ - FAM # 2: Why did Young divorce after 24 year marriage?

Spencer and Maria Young were happily married for over two decades; however the sudden demise of their marriage was entirely due to the unrelenting stress caused by MorganStanleyGate -- in other words, without question, they would have remained married for the duration of their lives had Morgan Stanley and Kirkland & Ellis not instigated and sponsored such an overwhelming scope of evil actions.

FAQ - FAM # 1: Why did Mr. Young abandon his family?

That is NOT the case at all, for Mr. Young will forever hold unconditional love for each member of his family (even those who may no longer consider themselves to be part of his family), irrespective of their past acts toward him.  They have incorrectly interpreted his being unlawfully denied a livelihood as an intentional revocation of financial support, which over the past two decades was decidedly lavish by most standards.

In actuality, the reality might be better described as being the other way around -- albeit the result of loved ones being manipulated by unsavory others pursuant to a "Divide and Conquer" strategy, which Morgan Stanley and Kirkland & Ellis are notorious for surreptitiously employing against their targets. 

In this case, it included multi-faceted smear campaigns in New York and North Carolina, and canards involving perfect strangers mysteriously getting involved to further propagate smears against Mr. Young pursuant to a talking points script.  This was done in order to cause sufficient doubt in the minds of his loved ones, so they would eventually turn against him. Some of these efforts were executed publicly, while others were done privately through anonymous e-mails.

Mr. Young forgives each of his loved ones, but would like to remind them that sometimes you just need someone to believe in you to accomplish things never thought possible.

An Attorney's Unethical Behavior & Fiancee's Reprehensible Acts

This entire situation is quite remarkable, and "the gloves are coming off", as reflected below.  If you enjoy seeing a corrupt and unethical attorney get crucified then by all means read on, but be advised a woefully unfaithful fiancee' is also aptly taken to the shed.  Yes, this is a further manifestation of the effects of MorganStanleyGate, and why those responsible MUST be brought to justice.

Date:  March 30, 2011

To:       Jane Isern (via email) of Brown, Isern & Carpenter

Cc:      Leah Krier (via email)

Judy Burnette of the District Court of Barton County, KS (email)

Mary Gatton of the District Court of Barton County, KS (via email)

Roughly 500 Others Who Know, Or Know of Leah (via email)

Judge Ron Svaty (via email)

Subject:  Your Continued Fraudulent & Unethical Behavior

Ridiculing you is like shooting fish in a barrel – for each time I expose what an utterly classless imbecile you are, you give me increasingly absurd folly with which to crucify you further.  And because my disdain for you has reached new heights, I will utilize expletives throughout this document for two reasons: (1) to aptly convey my deep-rooted hatred for the fraud you are and what you represent; and (2) to replicate and therefore make a mockery of the typical classless utterances of your trailer-park-trash-client, Leah Krier.  

In my opinion, you’re a miserable excuse for a human being and the most cognitively challenged and unethical attorney I have yet come across.  I’m sure Larry the Cable Guy had amoral incompetent buffoons such as you in mind when referring to “99% of all attorneys who give the rest a bad name”.  However, when insulting someone so very worthy of ridicule, sometimes less is more – ergo, please click here for a concise summary of my feelings toward you.

Your March 24 Letter & Journal Entry

I explained how sending me correspondence via regular mail may never reach me and asked you to communicate by email only – so what do you do?   You send me a letter and Journal Entry by regular mail dated March 24, which I, only by chance, received today (March 30), and you then ask for a response 10 days from the date of your letter – to that I say “fuck you”.  Be advised, I will only accept correspondence from you via email from this point forward.   Any correspondence from you by “snail-mail” will be discarded unopened and deemed not sent.  

And with regard to the contents of your letter, what don’t you understand?  Your FRAUD was exposed and you now face charges of serious ethics violations from the Kansas Judicial Branch, and ultimate disbarment.  And to underscore what a bold fucking liar you are, let me point out a few things in your latest correspondence:

1.     You had no choice but to acknowledge your motion for default judgment was a fraud as my response was obviously made on time, and you very knew this to be the case.

2.     You failed to address your surreptitious and fraudulent efforts to obtain a default judgment without my knowledge, and you might have gotten away with it, if I hadn’t directly contacted the Barton County District Court, based on a gut instinct that you were a Goddamn lying fucking bitch, and boy did you ever corroborate that assessment.

3.     You said “the problem” was that I failed to send my “Answer” to you – fuck you – that is complete bullshit, and you know it, you fucking liar.  You run such a backward 19^TH century law firm, you don’t have a website address, and you never publicly published an email address or fax number until i forced you to do so.  Accordingly, I sent my “Answer” to Leah, and directed her to forward it to you in the event she didn’t withdraw the meritless Petition.  And she did in fact forward it to you, per your instructions, you Goddamn lying fucking bitch – therefore, you received my “Answer” two days before the statutory due date, which was further evidenced by roughly 500 concurrently emailed witnesses (also copied herein) who know, or otherwise know of Leah.

4.     In addition, Judy Burnett of the Barton County District Court confirmed she had printed and delivered my Answer to you, indicating it was timely received, thereby supporting my opinion of you as pond scum.

5.     Your own voicemail message beautifully evidences what an utterly deceitful fucking bitch you really are.  I tried calling you on numerous occasions during the week of March 14th, but you ducked my calls – so I demanded a return call indicating times I would be available.  So what do you do?  You call 3 times within minutes of each other, during the time period I expressly said I would not be available, and you leave a bizarre and entirely unjustified constraint to communication, which you deliberately orchestrated so that I could not reach you until after your fraudulent default judgment was awarded – Click here to dowload this file and play on Microsoft’s Media Player.

The Salient Aspects of the Bogus Paternity Petition

As pointed out in my letter to Leah on March 2, and in my letter to you on March 9 , as well as in my March 18 Motion to Dismiss:

Ø The state of Kansas has no jurisdiction over this matter whatsoever, and you know it, which is why I view you as a Goddamn fucking legal whore;

Ø Leah has no financial claims whatsoever (in fact, she owes me $78,000 +), as she has received a $34,000 prepayment, which according to her expressed written needs for Jackson, will cover him for the next five years – and the fact that you informed Leah she was the rightful owner of MY engagement ring indicates either a reckless disregard for the truth or gross incompetence – I suggest it is both, for in my opinion, you are an  incompetent legal skank;

And wasting your time and efforts on a matter you know has no jurisdictional relevance in Kansas (or in any state for that matter because any paternity-related claims, if they in fact exist have been prepaid for the next five years), is merely racking up legal fees for you, which Leah will have to pay, rather than have those funds available for the care of Jackson.  Once again, in my opinion, I consider you an ignorant attorney slut.

Leah’s Continued Reckless Behavior

Further supporting your irrelevance, Leah also engaged a family law attorney in North Carolina (obviously with similarly lacking ethics as you), and has attempted to smear me with fabricated allegations of recent domestic violence and abuse, which would be quite impossible since I have not seen, nor been in the same state as her or Jackson for over a year.  I am also not a coward who hits women and children, which is a common trait among her other past boyfriends.

By comparison, I have raised three very accomplished young adult men.  For instance, my oldest son Michael graduated with honors from Duke University, and his brother Kevin is currently a senior at Duke, while twin brother Ryan is an All-American at Maryland.  Leah’s malicious effort to smear me was merely a feckless attempt to cover-up her own criminal grand larceny, whorish behavior and reckless, haphazard and dangerous arrangements made in the care of Jackson.  I have exposed her numerous transgressions, along with instances of corruption in the Durham Police Dept., and rumor has it that Leah ended up fucking the investigating officers to get them to go along with her ridiculous charade.  And I’ve also been hearing she’s contracted various venereal diseases (specifically herpes and syphilis).

In fact, I’ve received evidence about her fucking so many different guys, it appears she’s turned into a full-fledged prostitute.  I am so sad that Jackson has such a woeful disgrace for a mother, who is so poorly educated (with barely a high school diploma) and so utterly desperate at this point, it seems the only thing she knows how to do is get drunk, spread her legs, and then shack up with some guy she barely knows for the time being. (NOTE to Leah:  Congratulations are in order for this now infamous distinction on your 37^th Birthday today as a bonafide criminal fucking whore.)

Paternity DNA Testing

Jane, since Kansas has no jurisdiction over this matter, it is inappropriate for you to be involved in any associated aspect of paternity DNA testing.  Moreover, you have demonstrated yourself to be thoroughly devoid of moral principles, and appear incapable of administering anything in a fair and equitable manner, because in my opinion, you have no fucking integrity whatsoever. 

However, let me point out further evidence of your heartlessness and ignorance.  It is entirely unnecessary and frankly inhumane to subject little Jackson to the pain of extracting blood, you stupid fucking psychopath – a buccal swab of the inner cheek is all that’s needed – the same goes for Leah (yes, it is needed for the mother, you Goddamn moron), and the cost is dramatically less.

Your Suggested Stipulation

Your suggestion that I enter into “an agreed upon stipulation finding that [I am] not the father . . . and [that I would then] be dismissed from this case” is patently insulting – for even if it turns out I am not Jackson’s natural father, I feel an overwhelming obligation to rescue that little boy from the clutches of someone who, in my opinion is an astonishingly ignorant and uneducated criminal, and a venereal-diseased whore who lacks moral values altogether – she is an unfit mother in every way, shape and form.

Another Diabolical Trap Exposed

I’ve learned the real reason why you’ve been trying to lure me to Barton County on this concocted legal matter that has absolutely no jurisdictional relevance in the state of Kansas.  Upon receiving a copy of the ROA (“Register of Action”) Report on this bogus matter from Mary Gatton of the Barton County District Court, I noted references to “temporary orders” in October 2010. 

When I asked Ms. Gatton what these were, along with a request to send me a copy of them, she oddly refused to do so.  I’m surmising these “ex parte orders” were wrongfully granted based on utter bullshit lies presented without my knowledge, and likely contain vague language warning against “harassment”.

This would set the stage to arrest and incarcerate me for God knows how long, upon my merely showing up in court, for “contempt of such orders” based on a thoroughly concocted determination of harassment – for example, emails and/or website entries that I have every right to issue/publish, pursuant to my first amendment right to free speech . . . especially since they are all predicated on statements of verifiable facts.

Your Relationship to John Isern

When I asked Ms. Gatton if you were related to John Isern, the Court Administrator for the 20^th district (which includes Barton County), she reluctantly said “yes”, but oddly refused to divulge the nature of your relationship to this person – so I’ll pose it directly to you: “What is your relationship to John Isern?” and understand this is relevant to the ethics complaints and disbarment claims filed against you.

My Demand

I no longer request, but DEMAND you withdraw the Bogus Paternity Petition and stop wasting your client’s limited funds, which should instead be used for Jackson’s needs, not your esurient interests. 

I expect a response from you by April 4, which coincides with the ridiculous deadline you gave me.

Sincerely,

Spencer C. Young

Motion to Dismiss Thwarts Fraudulent Default Judgment

This action was filed pro se on March 18th by Spencer C. Young, and successfully thwarted a fraudulent attempt to obtain a default judgment on a bogus Paternity Petition filed by an exceptionally crooked and unethical attorney, Jane Isern of Brown, Isern & Carpenter on behalf of Mr. Young's Fiancee, Leah R. Krier.   It is bogus because: (1) Kansas has no jurisdictional authority on the matter; (2) any paternity claims (if they in fact exist) have been pre-paid for the next five years, so that Mr. Young can focus on regaining all that was stolen from the multifaceted MorganStanleyGate scandal.

Sadly, this is yet another instance of the terrible aftermath of MorganStanleyGate, where what may be the worst instance of bank foreclosure fraud in U.S. history was carried out by Paragon Commercial Bank at the behest of Morgan Stanley on a mortgage that was NEVER late, NOT Delinquent and PAID-IN-FULL

IN THE DISTRICT COURT OF BARTON COUNTY, KANSAS

MOTION FOR DISMISSAL

Case No. 2010 - DM - 399

JACKSON S. YOUNG by and through his next of friend

 and natural mother, LEAH R. KRIER

and

SPENCER C. YOUNG

Now comes the Respondent (Spencer C. Young), acting in a pro se capacity, who requests the District Court of Barton County, Kansas (hereinafter, the “Court”) to dismiss Petitioner’s (Leah R. Krier’s) Motion for Default Judgment for Custody and Support (Exhibit A), which was filed on her behalf by her attorney, Jane Isern of Brown, Isern & Carpenter.

In Support

Motion for dismissal is hereby made because of the following relevant facts:

(1)  Lack of Jurisdictional Authority – With all due respect intended, this Court has no jurisdiction over the parties, nor the issues of this case, as the Petitioner has a long established and currently maintained residency in the state of North Carolina (along with her son, Jackson,  who was born in Durham, NC), while the Respondent has never had any resident association with the State of Kansas;

(2)  Answer Was Timely Filed by Respondent – Notwithstanding the glaring issue of  jurisdictional authority, Respondent nevertheless timely filed an Answer (hereinafter the “Answer”) with this Court as a precautionary measure of prudence and in deference to this Court;

(3)  Respondent’s Preceding Acts of Good Faith – A copy of the Answer was provided to Petitioner in advance of this date (on March 2, 2011), together with good faith overtures seeking an amicable resolution (see Exhibit B); and

(4)  Ethics Violations by Petitioner’s Attorney – Upon information and belief, Petitioner’s counsel has violated the Rules of Professional Conduct promulgated by the Kansas Judicial Branch by engaging in unethical behavior in this matter toward both Petitioner and Respondent.

Lack of Jurisdictional Authority

The Petitioner has long been a resident of the state of North Carolina, and evidenced by Petitioner’s: (1) valid North Carolina driver’s license; (2) voter’s registration and history of voting in the state of North Carolina; and (3) her employment by Air Wisconsin, whose duties are carried out on behalf of, and as agent for, U.S. Airways, where she has long been based out of U.S Air’s Raleigh-Durham (NC) airport hub.  In addition, Petitioner may still own a 1999 red Mercury Mystique, which was registered by the State of North Carolina.   Importantly, these irrefutable facts can be readily corroborated by the North Carolina Dept. of Motor Vehicles, the North Carolina State Board of Elections and Joel Kuplack, Vice President of Human Resources at Air Wisconsin.

Furthermore, an unqualified representation of North Carolina residency was attested to by the Petitioner, which was observed and confirmed first hand in a late night visit to the Petitioner’s North Carolina residence by the Durham (NC) Police.  Officers Tyler and Silla were dispatched pursuant to the directions of Durham Police Captain Ray Taylor to conduct a criminal investigation of alleged grand larceny theft by Petitioner, as well as an investigation into the welfare of the subject child in the Paternity Petition.  These findings of fact are contained in the Durham Police Criminal Incident Report # 11-007695.

According to Officer Tyler, Petitioner further represented to the Durham Police that she has engaged a family law attorney, duly licensed in the state of North Carolina, who on behalf of Petitioner, has obtained an “Ex Parte Order” from a Durham County court; however this has not been served on Respondent as of this writing. 

Timely Filing

As Respondent was unlawfully rendered homeless by what may be the worst instance of bank foreclosure fraud in U.S. history, and attempts have been made on his life, he necessarily maintains a nomadic existence until his claims are filed in Federal court and criminal investigations are commenced against those culpable.  Accordingly, the Respondent has long informed Petitioner to communicate by email.

Notwithstanding such requests, Respondent received only a four page Paternity Petition (incorporated herein as Exhibit C), which was taped to the front door of his mother’s residence.  Although the document was not noticed until sometime afterwards, it was marked posted on February 2, 2011, and requested an answer  30 days hence (i.e., March 4, 2011).

The Answer was timely filed on Mar. 4, 2011, which was confirmed received on that date by Judy Burnett of Barton County District Records Dept.  Moreover, Ms. Burnett volunteered, in her vast experience in her current role, that it was general practice to grant additional time to Respondent’s located out of state. 

Respondent’s Acts of Good Faith

In good faith, Respondent emailed Petitioner his Answer in advance of the deadline (on March 2, 2011, Exhibit B), and separately copied numerous other 3^rd parties as witnesses (this was conveyed in the body of the letter), including many members of Petitioner’s family.  Among other things, this “candid” and “from the heart” communiqué included:

Ø important historical context to the underlying matter;

Ø requested answers to long outstanding questions;

Ø his request for Petitioner to withdraw the “meritless” Paternity Petition;

Ø his proposal for a reconciliation; and what he planned to file as his . . .

Ø . . . Answer, in the event the Paternity Petition was not withdrawn.

Petitioner was further asked to forward this pending Answer to her attorney because her attorney did not have a website, published no fax or email address, and did not answer nor return phone calls made by the Respondent. Petitioner and her attorney did not respond.

Ethics Violations By Petitioner’s Attorney

On March 9, 2011, Respondent sent Petitioner’s attorney (Ms. Isern) a letter (Exhibit D), candidly articulating what he observed and concluded to be unethical behavior toward her client (who has only a high school diploma), citing: (1) failure to serve her client’s best interests; (2) failure to know her client; (3) antiquated operation of a law practice; (4) ignorance (or wanton dismissal) of material facts; (5) reckless disregard for the truth; and (6) behavior suggesting a possible link to criminal activities. 

Moreover, Ms. Isern has deviously attempted to deny the Respondent his right to legal due process by:

1.     Filing the meritless motion for default judgment;

2.     Scheduling an unjustifiably aggressive hearing date for the bogus motion, especially for an out of state Respondent (i.e., one week from the date of the motion);

3.     Orchestrating insufficient time to respond (note: as of this writing, Ms. Isern’s Motion for Summary Judgment has still NOT been received, and although Respondent called Ms. Isern a few times earlier in this week (to assess her integrity), and give her an opportunity to advise Mr. Young of her recent motion, she REFUSED under ANY circumstances to speak to Mr. Young.   

So how did Mr. Young learn of Ms. Isern’s deceitful plan?  Sensing something was amiss from her behavior patently fraudulent motion, Mr. Young called the Barton County District Court earlier this week and made inquiry – Judy Burnett informed him of Ms. Isern’s surreptitious motion and emailed him a copy. 

In the context of the operative facts, this is inexcusable behavior by an attorney, who well knew Respondent was not represented by counsel. Accordingly, Respondent is considering filing an ethics complaint against Petitioner’s attorney with the Disciplinary Administrator of the Kansas Judicial Branch.

Conclusion

Petitioner’s Motion for Default Judgment For Custody and Support should be dismissed.

Respectfully submitted,

Spencer C. Young