David Lee Smith and Mary Julia Hook - Page 6

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          respondent’s counsel that she was not aware that Case I had been            
          scheduled for trial on April 29, 2002.                                      
               At the April 29, 2002, Trial Session, the Court asked                  
          petitioner Hook if she was aware that her case had been scheduled           
          for trial and she responded that when she heard about the trial             
          setting (about 4 months before), she had written to the Court to            
          inquire about the trial session and because she did not receive a           
          response back from the Court, she ignored respondent’s counsel’s            
          January and March notifications of the impending April trial                
          date.                                                                       
               The Court’s files maintained for Case I do not reveal any              
          such letter from petitioner.  In addition, the Court’s records              
          reveal that all Court notifications, Orders, etc., had been sent            
          to petitioners Hook and Smith at their separate addresses by                
          certified mail, and that the notices of trial and Orders sent by            
          the Court to petitioners were not returned as undeliverable.                
          Under the circumstances, the Court found petitioner Hook’s                  
          explanations to be disingenuous.  Accordingly, petitioners’                 
          explanation or excuses were not accepted and Case I was set for             
          trial on May 2, 2002, at 9:00 a.m.  The Court admonished                    
          petitioners that failure to appear would result in a dismissal or           
          default of their case.                                                      
               On May 2, 2002, petitioners Hook and Smith appeared and                
          attempted, as a preliminary matter, to offer four boxes of                  






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