Professional Documents
Culture Documents
JUDITH CHAMBERLAIN,
Plaintiff
,
Case Number:
02 - C-09 - 139690
vs.
DA
STEPHEN CHAMBERLAIN,
Defendant.
OFFICIAL
TRANSCRIPT OF PROCEEDINGS
(Motion
Hearing)
Anne Arundel,
Thursday
Maryland
, January
9,
2014
BEFORE :
HONORABLEMICHAEL J.
WACHS
APPEARANCES:
For
the
Plaintiff
the
Defendant:
Electronic
Proceedings
Court
Serving
Transcribed
by:
Dawn Archambo
I N D E X
P a g e
RECORD OF PROCEEDINGS
SUMMARYJUDGMENT MOTION
By Ms . Schaeffer
By Ms . Warren
10
COURT' S RULING
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THE COURT:
C-09-139690,
Your
THE COURT:
Counsel
to
identify
your
Good afternoon.
yourselves
last
for
record
W-A-R-R-E-N,
I'm
here
on behalf
11
THE COURT:
12
MS. SCHAEFFER:
13
Schaeffer,
14
I'm
in
if
including
you want
spellings
of
for
Kevin
today.
17
and
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18
MS. SCHAEFER:
19
THE COURT:
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MS. SCHAEFER:
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THE COURT:
Your
on behalf
Okay,
M
ill
hear
Brown
Honor.
Donna
of Mr. Chamberlain,
today.
motion
to
of Mr.
Warren,
Good afternoon,
Schaeffer
Mr. Chamberlain's
happy
Marietta
Okay.
S-C-H-A-E-F-F-E-R,
THE COURT:
I'm
Honor.
names.
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the
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Chamberlain.
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Ms . Chamberlain
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THE COURT:
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MS. SCHAEFFER:
because
correct,
she's
out
Your
of
state?
Honor.
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Thank
you , Your
Honor.
The issue
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before
the
Court
--
judgment
of
provision
for
summary
judgment,
But
basically,
Your
contributed
College
and
Maryland
10
shall
pay
11
registration
12
providing
13
for
14
or
15
husband,
16
to
motion
the
today
parties
very
to
before
involved
marital
is
short
as
well
each
of
it
and
Prepaid
with
each
wife
the
the
parties
been
from
Florida
husband
books,
fees
instant
college
of
shall
to
the
board,
selection
prior
Maryland
depleted,
and
attend
have
and
application
shall
motions
motions.
Plan
funds
room
The
child
the
"The
an undergraduate
child
and
in
that
supplemental
have
years.
provision
and
College
After
summary
sentence
that
reasonable
child
on
forth
in
says
tuition,
consecutive
university
three
set
as
accounts
cost
Court
agreement
it's
Honor,
college
fees
one
and
accounts.
the
the
settlement
Florida's
savings
four
that's
education
which
college
be made
application
to
by
and
prior
enrollment.n
On September
17
2,
2011
the
parties
entered
into
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also
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mother
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fact,
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Chamberlain
petition
11
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asking
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Mr.
an Action
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Chamberlain
do that
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an extraordinary
obligation
do,
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to
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like
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vs.
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contract
Court
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that's
must
be
collected
from
agreement."
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17
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fact,
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the
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Chamberlain
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why we're
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Mr.
Chamberlain's
and
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judgment
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complaint.
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parties
dismiss
the
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take
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issue
up too
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much of
can
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--
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certainly
is
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expenses
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looking
undisputed
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to
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right.
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apply
that.
Honor,
entitled
parties
happen,
son.
and
ask
didn't
an agreed
Your
is
is
their
agreement
attorney's
can
contribute
reasons,
Mr. Chamberlain
and
what
being
and
those
parties
it
17
19
But
the
by the
terms
contract.
stop
for
The Court
determine
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upon
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need
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he wants
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university
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determine
universities
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it's
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Plaintiff's
Ms. Warren?
you,
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Honor.
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MS. WARREN:
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Plaintiff's
judgement.
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MS. WARREN:
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statement
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response
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MS. WARREN:
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MS. WARREN:
16
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Clerk's
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the
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case.
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Defendant's
after
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motion
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grounds
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that
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we filed
statement.
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file.
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MS. SCHAEFFER:
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the
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ultimate
filing
in
of
agreement
for
the
two
February
of
last
expenses
16
Mr.
Chamberlain
an email
17
regarding
18
John.
19
with
the
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they
could
talk
over
the
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which
the
Court
has
copies
22
attested
23
summary
24
judgment.
the
The
college
Defendant
Plaintiff
to
trying
to
in
them
University
of
So the
in-state
has
complied
payment
of
with
the
children.
the
Plaintiff
initiate
issue
responded
except
the
regarding
year
Their
disagreement.
Chamberlain
older
by
son.
have
residents.
Mr.
choice
to
without
Maryland
the
able
off
This
youngest
were
school
start
children.
their
applied
were
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three
they
and
of
In
--
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terms
and
have
children
they
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while
the
just
were
school,
the
emails
actually
daughters
to
of
those
parties
15
M
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disputes
complaint.
are
for
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their
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In Mr.
Court
Serving
Chamberlain's
initial
response
he claimed
12
that
the
Plaintiff
so because
limited.
where
that
detailed
and
to
why Virginia
of
point.
specifically
what
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ranked
academically,
11
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not
12
them.
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about
say
child
Mr.
schools
he said
is
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it
was just
at
the
communicating
considering
he went
for
where
it
explain
was better
for
either
they
at
applying
choice
attend
a very
on to
him,
be a better
point
at
looking
he was
be
emails
that
then
to
of
with
"I'm
he was going
to
Chamberlain
school
would
him and
going
series
were
that
him.
one
were
of
talking
an application.
from
Most _notably
Mr.
Chamberlain's
John
I'm
quoting
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16
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there
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Auburn
in March
Chamberlain
14
created
John
that,
Then
Mr.
had
the
Court
fit
was and
has
" Your
it.
seems
well
response
excerpts
approach
thought
to
to
from
the
that
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e - mail
determining
the
Of significance
out.
as
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Remember
you are
in
a position
nicely
to
control
destiny
."
There
was no further
communication
after
oc
w
oc
oc
w
w
~
up until
23
last
summer,
June
In June , my client
again
of
2013.
initiated
communication
~
w
u
24
to
25
been
Mr.
Chamberlain
asking
him --
saying
that
there
to
do in
hadn't
oc
0~
a response
Court
Serving
and
what
were
they
going
regard
to
13
1
the
Mr . Chamberlain
ultimately
specific
There
denial
Ms . Chamberlain
for
10
application
~
~
~
~
0
ro
ci
u
responded
with
schools
of
where
with
the
"Once
are
no where
in
particular
included
Virginia
There
were
13
child
where
14
the
15
by the
16
older
17
onto
he tells
Alabama
area,
the
and
There
19
2013
20
understand
21
unless
22
cost
to
23
done
that.
24
aware
of
25
scholarships
where
Mr.
and
apparently
by Mr.
at
and
Tech.
that
email.
search
to
was never
an issue
been
pages
schools
in
contemplated
for
the
parties
unilaterally
grafted
Chamberlain.
was a final
Chamberlain
his
an
looking
Georgia
between
that
was never
was
ignored
emails
limit
tuition
child
Chamberlain
of
has
the
"
or
Chamberlain
different
Auburn
him to
, that
agreement
18
Tech,
a requirement
agreement
children
Mr.
the
schools.
acceptance
by forwarding
that
series
which
apply.
of
but
with
determine
going
all
Mr.
another
associated
to
schools
Apparently
12
is
responded
up.
again,
an affirmative
child
to
coming
costs
we can
there
links
were
some vitriol
the
known,
the
the
11
which
cancluded
is
that
deadlines
series
once
of
again
emails
then
states
"I
in
July
of
don't
2
~
oc
why we would
send
an application
to
a school
oc
r
oc
0
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you provide
attend.
"
some information
Now again,
concerning
my client,
the
the
son
financial
had
already
oc
oc
But
also,
the
issue
that
Mr.
Chamberlain
is
w
u
2
oc
is
that
Court
Serving
John , the
he's
entitled
child,
to.
can't
He can't
determine
determine
what
what
his
14
C')
financial
aid
apply
the
application
you
qualify
that.
to
the
package
school
will
, that
, they
for
certain
MS. WARREN:
THE COURT:
MS. WARREN:
11
MS. WARREN:
13
enrollment.
14
Now I think
15
but
16
obligation
that
agree
' s what
for
the
the
co
18
0
u
ci
19
MS. WARREN:
20
THE COURT:
u.
and
to
l ly
You send
tell
in
you wh ether
or
things
the
terms
l i ke
--
apply
to
is
it
agreement
very
and
specific
of problems
sentence
--
application
of
says
prio r to
on that
with
this
the
that
the
point.
agreement,
two - pronged
says.
The third
aid
actua
apply?
point
the
Defendant
THE COURT:
you they
pursuant
this
of
second
17
all
--
a lot
;;;
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"'
6
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at
prior
are
works.
or
just
Because
The agreement
there
to
to
I ' m sorry?
--
THE COURT:
must
way it
just
Why not
10
he ' s able
scholarships
Why not
THE COURT:
parties
' s the
come back
12
be until
sentence
makes
no sense
at
Honor
--
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""
w
a:
I don ' t
know - - I . shouldn't
say
that
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it.
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21
I don't
22
--
know if
any
of
you were
in v olved
in
drafting
it , but
f-
a:
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and
so
I apologize.
MS. WARREN:
23
I personally
was
n o t and
I don't
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cc
Cf)
24
think
Mr.
::,
a:
u.
25
THE COURT:
Court
Ser v ing
It
says
"The
selection
of
which
15
1
college
by husband
makes
no sense.
prior
to
or
university
, wife
each
and
child
I mean
MS. WARREN:
THE COURT:
apply
and
make
your
then
10
that
we have
11
the
you
12
even
13
say
14
that
he will
15
clear
, and
your
and
one
posture
in
the
able
to
determine
his
acceptance
at
could
18
THE COURT:
19
MS. WARREN:
Court
testimony
relief
is
That
to
attend
school
it
just
is
at
is
Virginia
you
issues
case
came
John
get
isn ' t
Now I can
likely.
Tech
to
He believes
but
that's
not
be
applied?
that
Has he
Your
the
that
he doesn't
Has he
then
be accepted.
fairly
, you
and
of
why this
he'll
attend
--
Honor , one
it ' s in
Auburn
to
he doesn't
get
in.
applied?
Honor,
issue.
I
I
don't
can't
think
--
that
can't
that's
offer
on that.
is
that
that
Court
Serving
if
So the
he be
MS. WARREN:
runs
that
on that
THE COURT:
22
25
be made
a school
package
reasons
be that
MS. WARREN:
this
the
be accepted
it
mean
where
17
24
."
which
And Your
of
THE COURT:
for
application
financial
I
16
23
shall
select
You select
get
Court
any
to
don't
attend
I agree.
MS. WARREN:
21
prior
you
determination.
before
shall
application.
20
child
authorized
Because
he applies
one
relief
and
to
Your
if
of
the
app l y to
Honor,
the
Mr . Chamberlain
requests
schools.
risk
that
maintains
he
16
1
that
he does
he would
college
not
not
agree
have
any
expenses
to
THE COURT:
MS. WARREN:
THE COURT:
MS. WARREN:
complaint
was
determine
whether
or
10
financial
aid
the
11
of Mr.
Chamberlain
hearing
is
14
filed
and
15
this
point.
to
I got
that
John
chose,
contribute
to
then
the
for
it.
as provided
All
So what
we were
not
John
"'
"'
J:,
"'
17
either
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6
18
primarily
19
arguing
20
important
and
it
21
shall
the
cost
22
incident
23
college
depending
trying
qualify
even
that
do when the
was
would
just
for
the
alleviate
some
obligation.
wasn't
was a motion
spinning
the
to
would
why there
there
as
agreement.
ago,
scholarships
reason
However,
the
now months
' s financial
because
in
right.
filed
we ' ve been
16
obligation
initially
Now, the
13
school
--
12
the
our
Court
an immediate
for
summary
wheels
with
pointed
on how you
look
at
it,
sentences
in
this
first
in
our
judgment
this
out,
there
there
are
up until
are
two
C\I
al
ci
ci
u.
important
about.
The
one
agreement
opinion
that
is
the
we're
most
""
a:
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provides
in
relevant
part
"That
husband
(L
8:
{/)
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pay
of
tuition
, room
and
board,
et
cetera
f-
a:
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w
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to
providing
education
for
each
child
with
four
consecutive
an undergraduate
years
of
college.
"
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a:
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0
There
24
is
no conditional
language
in
that
sentence.
a:
0
u.
25
There
is
no provided
Court
Serving
that
conditional
on.
All
t!UU
:::!'.JU Ut;t'U
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of
those
type
17
1
things
that
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on some other
include
if
they
wanted
step
that
his
motion
in
agreement
to
agree
agreement
to
agree?
that
to
agree
10
enrollment
11
this
12
clause
14
and
to
, the
judgement
And I agree
that
present
enforceability
wife
and
to
- - let
child?
17
the
second
the
I'm
not
an
you enforce
an
sentence
in
needing
and prior
to
However,
the
severability
up .
agreement
even
--
raised
of
parties
and
it
require
can
clause
it
--
issues.
me pull
Does
has
whole
application
a severability
that
know
contingent
and
regarding
does
THE COURT:
itself
this
prior
provides
obligation
Defendant
enforceability
sentence
would
happen.
college
has
an agreement
make that
had
summary
, the
contract
husband,
to
on the
15
16
for
provision
drafting
interestingly
13
who are
Now very
lawyers
sure
the
of the
it
does.
separation
agreement
agreement?
THE COURT:
I ' m reading
8.
" Each
the . last
sentence
in
0
00
18
paragraph
0
0
It
says
19
MS. WARREN:
20
THE COURT:
"The
shall
" --
selection
of
which
2
~
rr
w
of
which
college
or
shall
be made by
21
university
22
husband
rr
w
w
23
24
THE COURT:
w
rr
w
r
rr
0
~
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that
, wife
each
and
child
child
shall
attend
it
doesn't
."
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w
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rr
0
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25
(indiscernible
Court
Serving
Again,
- 2:15:05)
require
necessarily.
you to
18
1
MS. WARREN:
THE COURT:
MS. WARREN:
because
language.
I think
~
~
there
MS. WARREN:
obligated
whether
to
or
pay
not
for
the
interpretation
side,
then
you
12
is
like
he is
right
13
paid.
issue.
16
(phonetic)
why we --
judgment,
ambiguities
is
with
that
expenses
an agreement.
Defendant's
this
of
college
11
15
a declaratory
Our position
there's
So that's
that's
this
Right.
an alternative
limbo
Honor
--
lots
10
in
Your
sought
are
THE COURT:
14
I mean
And well,
of
have
However,
However,
that
and
seeking
an
Defendant
I'm
not
there
is
were
on the
where
there's
the
nothing
child
being
interpretation
raised
the
is
of
if
there
a situation
the
Defendant
regardless
now and
why we 're
the
on
Horsey
case.
THE COURT:
17
sure
the
child
is
in
limbo
~
N
6
0
00
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u
18
yet .
I think
he can
apply
MS. WARREN:
19
anywhere
he wants.
there's
certainly
Well,
going
to
be
~
~
20
an issue
ro
21
know,
22
that
23
regarding
24
to
enforce
25
to
contribute
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when
it
comes
time
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actually
accept.
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ro
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and
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in
regard
admitted
that
to
somewhere
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his
is
ability
there
an issue
to
apply
is
going
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now in
if
he seeks
rr
ro
the
contract
regarding
the
Defendant's
oc
Court
Serving
to
the
expenses
410-766-HUNT
(4868)
obligation
be
19
Now in
1
2
the
unenforceable,
what
a separation
was
obligated
the
effect
to
said
Court
could
M
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to
sever
what
happened
in
of
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pay
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we can't
what
we're
going
so
11
and
the
12
pay
alimony,
remaining
So if
in
14
position
same
to
15
the
issues
that
they've
16
the
Court,
what
would
17
struck
out
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18
to
for
the
college
where
then
it
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in
an
husband's
is
Defendant
case
regarding
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something
just
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for
raised
happen
apply
future
agree
the
Court
to
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agree,
provision
obligation
to
modification."
case
just
that's
agreement
namely
that
to
what
out
motion
idea
were
the
and
without
the
the
said
strike
the
the
alimony
that's
do is
were
Court
alimony,"
do that,
that
an
and
agreement
the
parties
in
the
regard
if
and
provision,
stays
the
a provision
the
to
case
of
was
alimony
reduction
is
10
with
"Ho wever
a reasonable
Horsey
portion
Horsey,
to
the
the
agreement
13
regard
if
the
summary
were
that
would
Defendant's
judgment
to
last
be
accepted
sentence
still
have
issue
as
and
an
by
would
be
obligation
N
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ci
0
pay
19
So that
expenses.
again
creates
an
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20
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situation
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23
there
24
attend
25
consideration.
was
summary
judgment.
Now Your
Honor,
never
agreement
an
as
I stated,
that
the
our
position
child
was
is
going
that
to
oc
w
0
Auburn.
He sent
an
saying
very
clearly
that
Auburn
was
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0
Court
Serving
However,
he
noted
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Virginia
20
1
Tech
was
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the
contribution
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child
M
m
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ro
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13
to
14
the
15
parties
16
being
17
you want
18
until
19
pay
20
everybody
and
emails,
resolve
filed
if
"
and
see
way this
the
the
And that
expenses
creates
issue
the
things
to
looking
the
I'm
kind
to
an impossible
at
the
complaint
" I don't
you any
there
involved
that
to
an
that
parties
back
prior
that
of
position
saying
give
or
situation
the
goes
left
go out
deadlines
communications
was
is
an expedited
our
that
I can't
this
by all
Chamberlain
do.
I know what
are.
effort
to
admission
addressed
it's
ways
concern
just
about
get
the
any
to
requested
and
faith
you
was Mr.
me to
faith
issue
had , the
to
we also
good
and
to
why we had
11
try
do early
because
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were
issues
able
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if
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our
receiving
we have
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and
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And so then
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interpreted
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be barred
towards
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choice.
contract
10
m
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primary
know what
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obligated
situation
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for
2
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involved
w
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The Defendant
21
has
argued
that
you
can't
file
22
suit
based
23
agree,
24
Maryland
25
doesn't
on an implied
duty
of
good
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faith.
~
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however
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case
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1
2
the
information
on where
is
Court
really
look
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was
a lot
Court
Now in
terms
simply
at
to
determine
the
what
child
the
was
ultimately,
11
because
Mr.
raised
right
off
16
placed
me in
this
;;;
17
essentially."
18
counsel
19
then
20
in
21
will
22
because
23
apply
24
live
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forth,
there
bat
with
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of
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that
there
sniping,
but
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or
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the
afford
made
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address
that
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is
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choice
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financial
information
his
issues
college
were
issue
provide
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for
when
wasn't,
to
this
requests
the
there
because
also
crisis.
a Subpoena
residential
is
One of
with
does
information.
refusal
information.
which
whether
give
financial
agreement
enroll,
a lot
not
enough
an
nor
there
would
Honor,
And so
and/or
agree,
that
and
was
says,
to
judgment,
have
determine
attempt
back
the
apply
to
summary
there
contract
Chamberlain's
financial
for
the
requesting
15
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u.
to
Chamberlain
or
(.)
Mr.
whether
we contend
And Your
and
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14
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information
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and
required
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the
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assuming
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Mr.
child
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be
able
Chamberlain
to
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in
Alabama
where
We have
Court
Serving
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in-state
regard
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that
22
1
response
, and
filed
And that
in
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response
again
in
goes
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stated
we ' ve just
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summary
case
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needs
regarding
been
the
argument
12
not
appropriate
13
this
contract
is
14
made .
Is
that
15
where
16
the
17
particular
that
have
been
filed
right
now,
this
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I think
Court
"The
has
raised
other
that
not
current
issue
whether
severance
that
agree,"
in
the
t he Defendant's
to
the
severs
action
and
complex
a legal
as
to
reasons
clearly
under
accept
where
agree
out.
the
a fairly
are
to
just
was
interpretation
judgment
Court
parties
some
it's
were
and
sent
up , for
contractual
summary
the
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MS. WARREN:
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