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From: sur5er1998 <sur5er1998@aol.com>
To: ameiring <ameiring@courts.state.in.us>
Subject: PORTER COUNTY COURT NOT ADHERING TO LOCAL RULE 2100
Date: Thu, Mar 4, 2010 1:12 pm
Attachments:
PORTER_COUNTY_LOCAL_COURT_RULE_2100.PDF (6209K), ATTORNEY_RICE_LETTER=_SEPT_2007.PDF (5965K)
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FROM: RENEE’ HARRINGTON
-ATTACHMENTS:
-PORTER COUNTY LOCAL COURT RULE 2100
-ATTORNEY DONALD RICE'S LETTER [9/2007] INSTRUCTING ME I COULD NOT RE-LOCATE TO / OBTAIN JOB IN MICHIGAN DURING DIVORCE.
RE: PORTER COUNTY SUPERIOR COURT [VALPARIASO, IN] NOT ADHERING TO PORTER COUNTY LOCAL COURT RULE 2100.
To who do I report the Porter County Court not adhering to its own local court rules, and how would I go about filing this?
In September 2008, I had my divorce property settlement [Cause # 64D01-0708-DR-7804. Valparaiso IN Porter County Superior Court. Judge Bradford / Magistrate Johnson], vacated on the grounds that my first divorce attorney [Donald Rice, Portage] and my ex’s divorce attorney [Jeffrey Shaw, Valparaiso], had not adhered to Local Court Rule 210: Mandatory exchange of financial declaration forms / mandatory discovery of marital assets.
Neither Attorney Rice nor Attorney Shaw were reprimanded by the court for failure to adhere to a local court rule. Instead, Attorney Shaw was allowed to retaliate against me [for blowing the whistle on the loophole in Rule 2100, that attorneys are using to avoid adhering to the Rule], by dragging the divorce case out as long as possible, in the hopes of wearing me out so I would just walk away from my interest in the marital assets [valued at over $200,000].
It is now almost two years later. Although the divorce was finalized, the property settlement has not been ordered. The final divorce hearing was on January 12, 2010. I have been told to expect Magistrate Johnson to take another 6-12 months to make a final decision on my divorce [instead of 30 days]. Magistrate Johnson is aware [through court testimony that my ex has threatened to kill me for pursuing a roperty settlement and that my ex is currently on probation]. Magistrate Johnson has also heard other testimony regarding my ex's abuse of me and violations of the PPO. He knows my ex is a danger to me. I have cried often on the stand about wanting to return home to Michigan / escape my abusive ex. My ex has even admitted on the stand, his abuse of me. And yet, instead of finalizing the property settlement so I can return home to Michigan safetly before my ex assaults or kills me, Magistrate Johnson is expecting me to sit here in danger, for another year?
If you pull the case file on my divorce: my ex intentionally violated provisional orders; I have been without medical care for my Graves Disease; my ex refuses to pay his maintenance; my ex lied and claimed he was unemployed and $20,000 in back maintenance owed to me was forgiven; I am thousands of dollars in debt with attorney fees; I am thousands of dollars in debt to friends and family for household bills I paid, because my ex didn’t pay the utilities and my maintenance; etc.
I am unemployed. I do not have a job. I do not have any means of transportation. I am not receiving court ordered maintenance. I am financially broke. 100% of the marital assets are in my ex’s name. I was court ordered to put the marital home [where I reside] on the market. If the house sells before the property settlement is issued, I will be put out on the street / homeless, and all proceeds from the marital home will be put in trust with the divorce attorneys.
Meanwhile, my ex is grossing $100,000 a year and can afford his maintenance and provisional order obligations. But his attorney stated after the last hearing, that he has instructed my ex not to pay the maintenance.
Should I pursue a complaint? Or should I just walk away from everything? From what I have endured due to court mistakes and Attorney Shaw’s retaliation in this divorce, I have come to the realization that Magistrate Johnson may very well never issue a property settlement in my case.
A major concern of mine, is returning back home to Michigan before my ex is released from probation. I am terrified that he will come after me / kill me. However, with Magistrate Johnson forgiving my ex $20,000 in back maintenance; Magistrate Johnson taking only my ex’s word that he was unemployed and lowering my maintenance; Attorney Shaw instructing my ex to violate the maintenance order; and now Magistrate Johnson refusing to issue a property settlement decision within 30 days of the January 12, 2010 final hearing, I do not have the funds to relocate. When my ex is released from probation on March 21, 2010, I am going to be a sitting duck here in Portage IN, due to all court errors and Attorney Shaw’s retaliation against me.
What should I do about this? Am I supposed to just walk out the door of my home with nothing but the clothes on my back? Is this the lesson that the court wants to teach me and others who dare to disclose attorneys and the court not adhering to Local Court Rules? If so, what is the purpose of Local Court Rules, if the courts and the attorneys don’t adhere to them, and citizens get retaliated against for blowing the whistle / demanding they be adhered to. It’s almost as if I was a lesson to others to not question the attorneys and court in Porter County.
Thank you for your time,
Renee' Harrington
3050 Eleanor Street
Portage, IN 46368
219-734-6796
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