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IN THE CIRCUITCOURTOF MARYLANDFOR ANNEARUNDELCOUNTY

nJDITH C. CHAMBERLAIN
Plaintiff

v.

STEPHEND. CHAMBERLAIN

Defendant

CASE NO. 02-C-09-139690

REQUEST FOR VOLUNTARY DISMISSAL

Comes now the Plaintiff, Judith C. Chamberlain,by and through her attorneys, Hillman,
Brown & Darrow, P.A., and Marietta B. Warren, and files this Request fol' Voluntary Dismissal,
and states as follows:
I.

This matter is CU1Tently

set for a one (1) day merits' heating on April 18, 2014 on

Plaintiff's Complaint to EnforceMarital Settlement Agreement and Consent Order of August 31,
2011 and for Declaratory Judgment (hereafterrefenedto as "Complaint to Enforce").
2.

Plaintiff subsequently filed a Motion for Modification of Child Support with the

understandingthat both issues would be heard on April 18, 2014. Instead, on or about March 12,
2014, this Court entered an alternative Scheduling Order setting the child support matter for a
merits' hea1ingon May 29, 2014.
3.

Plaintiff filed her Complaint to Enforce in October of 2013 requesting an

expedited hearing and detel'minationregarding the pa11ies,child's ability to apply to college

before the expiration of his applicationdeadlines.
4.

Defendant in turn filed a Motion for Summary Judgment and as a result, the

procedural timeline of the case was attenuated.

A hearing on the Defendant's Motion for

SummaryJudgment was not held until January of 2014.

5.
1.LI.IAH
BROWN
& DARROW,
PA
Morner:zilLrt1
Bc.x668
Mal)WIO .tt'4.0&68

Defendant's request for summary judgment was denied and this matter was

subsequentlyset in for a merits' hearing.

Pod Olb

r,1,~.

(410) 26)-313'
(410)~

(3011858-5500

6.

Since the filing of Plaintiffs Complaint to Enforce and since the January 2014

summaryjudgment hearing, the child has now both applied to college and been accepted to two
(2) schools.
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7.

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Given that the relief requested in Plaintiff's Complaint to Enforce is now moot

and the issue involving each parties' future obligation to contribute towards college tuition
payments has yet to mature, there is no longer any need for the hearing currently set on April 18,
2014.

8.

Plaintiffs counsel has advised Defendant,s counsel of their position on this

matter and has provided Defendant's counsel with a proposed Joint Stipulation of Dismissal
which the Defendant has refused to sign.
9.

The Defendant has not made any counter-claim in this action.

10.

Pursuant to Rule 2-506, Plaintiff requests that this Court enter an Order of

Plaintiffs voluntary dismissal of the Complaint to Enforce so that the hearing on April 18, 2014

may be cancelled and the matter may proceed on the child support issue scheduled to be heard

May 29, 2014.

WHEREFORE, Plaintiff respectfully requests this Honorable Court order that Plaintiffs
Complaint to Enforce is hereby voluntarily dismissed and that the case shall remain open and

proceedas scheduledon Plaintiff'sMotionfor(~ca~'.~,n

~~-Chi~~
Support.

'/;/

Mari a . arren (mbw@ho w.com)

HILLfvl~, BRO"WN& DARROW,P.A.
221 Duke of Gloucester Street
Annapolis, Maryland 21401-2500
410..263-3131, (fax) 410-269-7912
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I he1ebycertify that on this IJ-1~
day of April, 2014, a copy of the foregoing Request
for Voluntary Dismissal, was faxed to #410-269-8409and mailed, first class, postage prepaid, to
KevinM. Schaeffer,Esquil'e, 125 West Street,4th Floor, Annapolis,Maryland 21401.

Fax

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IN THE CIRCUITCOURTOF MARYLANDFOR ANNE ARUNDELCOUNTY

JUDITH C. CHAMBERLAIN

Plaintiff

v.

STEPHEND. CHAMBERLAIN

Defendant

CASE NO. 02-C-09-139690

****************************************************************
ORDER
Upon consideration of Plaintiff's Request for Voluntary Dismissal and any response
thereto it is this __
1

day of

, 2014, by the Anne Arundel County Circuit

Court, hereby

ORDERED,that the relief requested by Plaintiff is hereby granted; and it is fu11he1

ORDERED, that Plaintiffs Complaint to Enforce Marital Settlement Agreement and
Consent Order of August 31, 2011 and for Declaratory Judgment is hereby dismissed without
prejudice; and it is ftnther

ORDERED,that the hearing set for April 18, 2014 is hereby cancelled.

JUDGE

cc:

MariettaB. Wanen,Esquire
HILLMAN,BROWN& DARROW,P.A.
221 Duke of Gloucester Street
Annapolis, Maryland 21401-2500
Attorney for Plaintiff
Kevin M. Schaeffer,Esquire
125 West Street,4th Floor
Annapolis,Maryland2140l
Attorney for Defendant

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