IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY, MARYLAND JUDITH C. CHAMBERLAIN, Plaintifs, vs. Case Number: 02-C-09-139690 STEPHEN D. CHAMBERLAIN, Defendant. OFFICIAL TRANSCRIPT OF PROCEEDINGS (Merits Hearing) Annapolis, Maryland Friday, April 18, 2014 BEFORE: HONORABLE PAUL F. HARRIS, JR. APPEARANCES: For the Plaintiff: MARIETTA B. WARREN, ESQUIRE SAMUEL J. BROWN, ESQUIRE For the Defendant: KEVIN SCHAEFFER, ESQUIRE Electronic Proceedings Transcribed by: Sheri Monroe HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-B00-950-DEPO (3376) E139bage RECORD OF PROCEEDINGS ARGUMENT By Mr. Schaeffer 4 By Mr. Brown 8 CoURT’S RULING 33 PLAINTIFE’ S WITNESSES DIRECT CROSS REDIRECT —RECROSS. Judith Chamberlain 33 58 -- PLAINTIFF’ S EXHIBITS FOR IDENTIFICATION IN EVIDENCE 1 - 2008 Agreement «4 34 2-17 - Emails 45 45 18 - Attorney bill 58 58 CONTENTS DEFENDANT’ S EXHIBITS: FOR IDENTIFICATION A ~ Emails 60 B - Emails 78 c - Emails 18 -000- HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) IN EVIDENCE 60 18 78 €139 7sen ao 10 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS (9:13 a.m.) THE COURT: Let me call Chamberlain versus Chamberlain, it's C-9-139690. Counsel, come up and stat. your name's, please. MR. BROWN: Your Honor, Samuel J. Brown, B-R-O-W-N, and -~ MS. WARREN: Marietta Warren, Your Honor, W-A-R-R-E-N MR. BROWN: seated in the middle here, Your Honor. MR. SCHAEFFER: Your Honor, Kevin Schaeffer, S~C-H-A-E-F-F-E-R, representing Mr. Chamberlain. THE COURT: All right, gentlemen. Good morning. MR. SCHAEFFER: Good morning. -- on behalf of Ms. Chamberlain, who's THE COURT: This is on the docket for merits; is that correct? MR. BROW Yes, Your Honor. THE COURT: Okay. And how long do you this is going to take? anticipate MR. BROWN: We originally set it for half a day. I mean, I envisioned two witnesses. I think Mr. has one or you two. MR. SCHAEFFER: I have one. MR. BROWN: One. HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia ‘410-766-HUNT (4868) Schaeffer T=800=3S0=DEPO 133787 €132 4ee xr aw 10 a 12 13 4 15 16 17 18 19 20 21 22 23 24 25 MR. SCHAEFFER: But, Your Honor, a request for dismissal was filed by Mr. Brown on Monday. It was responded to by me yesterday. I am -- I just got this morning about one minute before you came on the bench a four page document from Mr. Brown indicating that he wants thi Court to ignore his request. He alleged in the request for voluntary dismissal that the issue to be tried today was moot. Now he's sayjing it's -- I guess he's saying it's not moot and he asked ypu to ignore his request for dismissal. THE COURT: Are you withdrawing that request fpr dismissal? MR. BROWN: Yes, Your Honor. THE COURT: Okay. All right. So that puts us in a posture of back to the merits. what's the issue? MR. SCHAEFFER: Your Honor, if I could be heard on it. You cannot allege in a document that an issue is mot and then un-moot it because you feel like it. It is either moot or it isn't moot. MR. BROWN: Your Honor, if I -~ THE COURT: I don't know what that means. You can dismiss a case if you file a ~~ any action can be dismigsed by a person -- MR. SCHAEFFER: But you can't change the facts. He's alleged, and we agree, that the issue to be decided by HUNT REPORTING COMPANY Court Reporting and Litigation Support serving Maryland, Washington, and Virginia T=800-9S0-DEFO (3375. 410-766-HUNT (4868) E133 4awe w qn 12 13 14 15 16 17 18 i9 20 21 22 23 24 25 the Court and there's only one issue -~ THE COURT: Okay. MR. SCHAEFFER: -- and I will read it to you. |The issue, if you look to the complaint filed by Mr. Brown, in the addendum clause there are four requests, one is to set the matter in for expedited hearing, one is to -- Section B, which is the only substantive request is to order that the minor child may apply to schools of his choice in order to determine whether or not he qualifies for admission and may be entitled to any scholarships. Paragraph C is to awar the Plaintiff attorneys fees and court costs for having to pursue the matter and D, is such other and further relief. THE COURT: Is there a phone on? On your side’ Because apparently the court clerks are having a hard time MR. BROWN: No, I don't even have a phone with|me. THE COURT: All electronic devices are off? MS. WARREN: I have mine with me. THE COURT: Okay. MS. WARREN: I don't know -- THE COURT: Is it off? MS. WARREN: It should be. THE COURT: Make sure it's off, because apparently they're having a hard time -- MR. BROWN: It could be picking up my iPad. I don't have phone access on it, but it could be picking uf HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) T=B00=SS0=DEPOTS3 78 ~ Eryg 7era 0 & 11 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 the iPad. THE CLERK: Mary says she's not getting a clear record. THE COURT: They're not getting a record, so you've got to turn everything off, including your iPad. MR. BROWN: I/11 turn off the -- MS. WARREN: I just tried to turn it off again,| so maybe -- THE COURT: Okay. All right. They'll let us know. Okay. It doesn't count if we don't have a record, so we've got to make sure that that has occurred. MR. SCHAEFFER: Your Honor, to reiterate, the nly substantive request here is -- and I'm going to quote, “order that the minor child may apply to the schools of his choice in order to determine whether or not he qualifies) for admission and may be entitled to any scholarships.” He has applied to schools of his choice withou! getting Mr. Chamberlain's consent, which we have contended is required. But he's gone ahead and done it anyway. THE COURT: Let me ask you a question. This iis on the docket, Plaintiff's complaint to enforce marital separation agreement and consent order dated 8/31/11 and for declaratory relief. MR. BROWN: ‘That's right. THE COURT: That's what we're here for. HUNT REPORTING COMPANY court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) T=800=SSU=DEFO 133767 eoe wee o 10 ua 12 13 14 15 16 a 18 19 20 21 22 23 24 25 MR. BROWN: That's right. THE COURT: This file has been open for what? Five years now? MR. BROWN: We filed around -~ THE COURT: So, it's some sort of -~ MR. BROWN: Yeah. THE COURT: -- follow-up relief. So let me hear from -- have you filed any documents on behalf of your client? MR. SCHAEFFER: We hand delivered to your offi¢e -- to your chambers yesterday at 4:20 -- THE COURT: Right. MR. SCHAEFFER: -- our response, where we admit that it is moot because John, the son, has already gone ahead and filed his application and been admitted to Virginia Tech. THE COURT: Okay. MR. SCHAEFFER: The issue we wanted to present] to you was, that the issue has been moot since December 6¢ 2013. That's the date that John applied for applicatio what is apparently the school of his first choice, that being Virginia Tech. So, our question to the Court was, if it was -- if it's moot because he applied to Virginia Tech, it moot on December 6th, why did we have to -- why did HUNT REPORTING COMPANY Court Reporting and Litigation Support serving Maryland, Washington, and Virginia '410-766-HUNT (4868) of nto moot T-B0U-9SU-DEPU (33ST E13610 aa 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 Mr. Brown -- why did Ms. Chamberlain, not Mr. Brown, but why did Ms. Chamberlain wait until four business days before this trial to decide that the issue was moot? We tried to obtain information from Ms. Chamberlain as to when John actually applied to Virginia tech and as I -- if you look at my response she answered unknown. She answered unknown as to when he applied to Virginia Tech in her answers to interrogatories on March ith. Well, in preparing for the hearing I went through copious records provided of her credit card bills and, i fact, she paid for his application on December 6th of 2043. This need not -- we need not -- THE COURT: You know, I'm hearing all this in 4 vacuum, quite frankly. T have no idea what the agreement says. That's why we're here today. Now, Mz. Brown, a very direct question. Are ypu proceeding with your original complaint? MR. BROWN: Yes, we are, Your Honor. We talk >- THE COURT: ‘Tell us how so Mr. Schaeffer can properly respond. I mean -~ MR. BROWN: To put this in proper ~~ THE COURT: -- you know, it's amazing that on|the day of the hearing nobody knows why we're here. MR. BROWN: Well, I know why we're here and HUNT REPORTING COMPANY Court Reporting and Litigation Support serving Maryland, Washington, and Virginia 410-766-HUNT (4868) T=BUO=ISU= DEPT CSSTOT E137 7” ero oew qa 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr, Schaeffer does too. THE COURT: I don't, so educate me. MR. BROWN: Let me give the Court an explanation. Mr. and Mrs. Chamberlain were divorced, they have three children. The children are Catherine, Sarah and John. They entered into an agreement and the agreement says specifically on Page 3, Paragraph 8, which is the important agreement, it's the college provision and it says that Mr. Chamberlain shall -- let me get the exact wording on |the thing since I have it right here in front of me. It says, “Husband shall pay the cost of tuition, room and board, books, registration fees and reasonable application fees incident to providing each child with an undergraduate college education for four consecutive years of college. THE COURT: Okay. MR. BROW! His automatic obligation. Then yot have the next sentence in there that says, a separate sentence, "the selection of which college, university eaph child shall attend shall be made by husband, wife and thi child prior to application and prior to enrollment Based on that paragraph, in February of 2013, February 19th, I believe, Ms. Chamberlain communicated with her ex-husband and said John wants to go to Georgia Tech, Virginia Tech and he's basically taking Auburn as a back up school, he doesn't want to go, but he's going in case hi HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia ‘410-766-HUNT (4868) —I=BU0=350-DEPO {5ST6T £738worn ae wn 10 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 10 doesn't get into the others. We're telling you so we cal get these applications. This went back and forth for nine months and his position was, basically, I'm only paying for in state tuition, I'm not paying for others, although his daughte#, Catherine went to school out of state and out of state and his daughter, Sarah, went to school out -- THE COURT: Is there anything in the agreement, that said in state or out of state? MR. BROWN: No, nothing. THE COURT: Okay. MR. BROWN: But it says -- and here's part of Fhe problem with the agreement and that's why we filed the declaratory judgment and where I disagree with Mr. Schaeffer. Mr. Schaeffer said we're here on an expedited hearing, that was the first request, it says 4n expedited hearing on declaratory judgment because we have a declaratory request for the Court to look at this. THE COURT: What's the difference between declaratory relief and a motion to enforce a separation agreement? I've got to make a decision at some point 0! what the agreement says. MR. BROWN: That's right. THE COURT: Am I correct? MR. BROWN: You're correct. HUNT REPORTING COMPANY Court Reporting and Litigation Support serving Maryland, Washington, and Virginia ‘410-766-HUNT (4868) T=BUU=FSU=DEPU {33767 €139orao qn 12 13 4 15 16 a7 18 19 20 21 22 23 24 25 THE judgment of divorce. MR. THE mR. THE MR. THE complicated than what it is. wR. THE MR. THE wR. heard? THE wR. al couRT: That was incorporated into the BROWN: That's correct. court: So, it's in effect a court order. BROWN: That's correct. couRT: Okay. BROWN: And to ~~ couRT: You're making this much more BROWN: Well - COURT: Let's put on some evidence. I'm prepared to. Let's go. Let's put on some evidence. SCHAEFFER: Your Honor, in my -- if I can be COURT: Okay. SCHAEFFER: Mr. Brown filed a request for dismissal because the issue was moot. I filed a responge saying we agreed the issue is moot. THE MR. that -- THE COURT: Okay. SCHAEFFER: And now the issue is not moot? Is COURT: I guess it's not moot. Nobody's 7— there's not been a legal determination as to whether it/s moot or not. court Reporting and Litigation Support sexving Maryland, Washington, and Virginia T don't know =~ HUNT REPORTING COMPANY 4410-766-HUNT (4868) —T=B00=5SU=DEPO (33787 €140 1"10 1 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 a2 MR. SCHAEFFER: Well, let me then, Your Honor ~ THE COURT: Are you saying that an attorney canit withdraw a pleading if they file it? MR. SCHAEFFER: No, I'm saying an attorney can't represent to the Court that the issue he wanted decided is moot and then come in on the morning of trial and say, I withdraw it, it's not moot, it is open for a determinatign at that point. THE COURT: So, how are prejudiced by this? MR. SCHAEFFER: I'm prejudiced because I'm not here to try the case, I'm here to -— THE COURT: Wait a minute, Mr. Schaeffer, come| on. As of Friday you didn't do any preparation -— MR. SCHAEFFER: Your Honor, he requested -- he| requested -- THE COURT: -- on this case -- excuse me. MR. SCHAEFFER: Yes, Your Honor. THE COURT: You didn’t do any preparation on this case before Friday? MR. SCHAEFFER: No, of course. Of course, we have. THE COURT: Okay. Then what's your point? MR. SCHAEFFER: But the issue ~~ but the issu that is before the Court right now is whether or not th request made by Mr. Brown to dismiss the case should be HONT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) T=B00=95SU=DEPU {33787 a eratoRICER-LASER REPORTERS APENAFO,CO, FODEREAN wr 10 a 12 13 a4 1s 16 17 18 1s 20 aa 22 23 24 25 43 granted because -- well moot -- on grounds of moot THE COURT: I don't have such a motion, he's already withdrawn it. How can I rule on a motion that's been withdrawn? MR. SCHAEFFER: Okay. THE COURT: Let's proceed. MR. SCHAEFFER: Your Honor, if we can though ~ and I know I'm -- I know I'm trying the Court's patience |-- THE COURT: No, you're not. You're doing your|job and I'm not faulting you for that. It's just that T like to deal in what's really at issue. MR. SCHAEFFER: All right. THE COURT: I don't like side smoke screens. MR. SCHAEFFER: Okay. Well, let me suggest to) you then, the only issue the Court has before it today to decide THE COURT: Okay. MR. SCHAEFFER: -- is found in the complaint 4t paragraph B, order that the minor child may apply to schools of his choice in order to determine whether or not he qualifies for admission and may be entitled to any scholarships. That is the only thing -~ and, Your Honof, remember in a declaratory judgment it is -- it is different from a motion to enforce. A declaratory judgment is a request by the Court HUNT REPORTING COMPANY court Reporting and Litigation Support serving Maryland, Washington, and Virginia 410-766-HUNT (4868) T=B0U=9SU=DEPO T3378) E14210 aa 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 to rule on a specific issue in controversy. THE COURT: I think it was presented though as alternative relief. MR. SCHAEFFER: Your Honor, it is, but there's |no breach of any contract at this point. John has not had gotten bill one from any school, so there's no enforcement of any duty to pay. THE COURT: Well, I guess that's up to Mr. Brown to tell me specifically what he wants me to consider toddy because I'm still not clear. MR. BROWN: And that’s -~ MR. SCHAEFFER: No, Your Honor, it is not THE COURT: We've been going on now for 15 minutes MR. BROWN: And Your Honor? MR. SCHAEFFE! here is -- this is the danger here. The danger here is Mr. Brown has presented to you a specific issue, can Joh apply to schools to determine if he qualifies for a scholarship? That's the issue the Court is determining today. I'm going to suggest to you that Mr. Brown is er to try to expand it well beyond the issue that he has ra as his declaratory judgment -- as the issue he wants decided by the Court on declaratory judgment. At the end of the case, Your Honor, if you look at HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) : Your Honor, but here is -- but 4 sedwine 10 Ee 12 13 14 15 16 uy 18 19 20 21 22 23 24 25 as again at the Prayer B, the Court is going to answer yes o: no and that is all that's before the Court at this time, because that's what a declaratory judgment does. It frames the issue for the Court's determination. MR. BROWN: Your Honor, I know the Court has heard a lot about this, but number one, we've been ~~ and I apologize for saying this because I don't like to say it. We've been sandbagged in this and it's upsetting. If you lock at Paragreph 19 of our complaint, wt ask the Court, basically, to enforce the agreement. That's what we ask the Court to do. I called Mr. Schaeffer on Monday and I said, Kevin, he's been accepted to college - MR. SCHAEFFER: I'm going to object. I'm going) to object to any discussions -- MR. BROWN: This is my argument. MR. SCHAEFFER: -- like this, Your Honor. MR. BROWN: You know what? He sandbagged us MR. SCHAEFFER: I’m going to -- MR. BROWN: -- and I'm upset about this because he -- we made a motion to dismiss this thing for now for moot and I told Mr. Schaeffer, we'll file in September when we know how much the tuition is so we can do it all at one time. The Court doesn't like us to do that, to postpone |a case until then. I told Mr. Schaeffer. Mr. Schaeffer originally agreed with me, let's get rid of it. HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) T=BUU-9SU-DEPO (33767 Et4g 419 pull your chai spell y|