02/20/06 John Shearing, 55 E Joseph St. Moonachie, NJ, 07074 (732) 406 6934 Pro Se

 

ELISA GONZALEZ,

 

Plaintiff,

 

-vs.-

 

JOHN R. SHEARING,

 

Defendant.

:::::::::::

Superior Court of New Jersey
Appellate Division
PO Box 006
Richard J. Hughes Justice Complex
Trenton, N.J. 08625 0006

 

Kim Maurer: Case Manager

(609) 633-0811

 

DOCKET NO. A-001476-05T1

 

Civil Action

 

 

Dear Kim and Dear Appellate Judge,

  On the second issue on your motion filing notice, repeated as
follows:
  "Please send copy of the trial court decision on your motion for free
transcripts and for stay pending appeal."

   As per our conversation on Jan 26 2006 and letter of the same date, I
was forced to file another motion because my sons mother interfered
with court ordered visitation. This motion was scheduled to be heard on
Feb 10 2006. In order  to save time, Judge Cassidy decided to hear  the
Motion For Reconsideration On Using The Trust Fund To Pay For
Transcripts And Stay Pending Appeal on the same date. [Exhibit A ] is
the Motion For Free Transcripts and Stay Pending Appeal filed with
Judge Cassidy on 12/22/2005.

On the day of the hearing however, the Judge failed to consider the
issue of free transcripts as promised. [Exhibit B ] is the court order
she provided. Please notice that none of the issues raised in [Exhibit
A ] are addressed in the court order [Exhibit B ].

[Exhibit C ] are the five previous letters I have written to you on
this specific issue. These letters demonstrate that I am doing
everything in my power to satisfy the Appellate Courts requirements for
transcripts.

At the 2/10/2006 hearing, the issue of stay pending appeal was verbally
deferred to Judge Brock who conducted the false divorce proceedings.
Again, the proceedings were false because I was never married to the
plaintiff in the first place. I further maintain that I have been
denied parenting time with my son because I refused to cooperate in the
false divorce. This is the basis of my appeal.

This is now the second time I have filed these motions in family court.
The first time I filed [Exhibit D ], Judge Cassidy declined to hear the
motions because I filed as indigent. But the appeals court granted
indigence a few weeks later. Both times, Judge Cassidy failed to give
me a written ruling on these issues. This is not a problem with the
request for free transcripts, because I understand from our phone
conversation on Dec 12 2005 that I can bring this question directly to
the Appellate Court. My motion filed with the Appellate Court on
2/15/2006 is a request for free transcripts.

Kim, please, you must show this letter to the judge reviewing my appeal
for free transcripts. Without this letter and supporting evidence, it
is not immediately clear how Judge Cassidy is denying me due process.
Please let me know if I need to file 4 more copies of this material.

On the issue of Stay Pending Appeal, Judge Cassidy and Judge Brock are
both well aware that I can not approach the Appeals Court with this
request until I get a written ruling from them. To make things even
more difficult, Judge Cassidy has ordered that I may not file anymore
motions with the Family Court without first submitting them to her for
preapproval. [Exhibit E ] is that order. This order effectively
prevents all new issues from ever reaching the Appellate Court and
makes Judge Cassidy accountable to no one. As such, this order is being
appealed in my appellate motion filed on 2/15/2006 which also requests
free transcripts. In the mean time, I am exposed to jail time for not
paying alimony that indigence prevents me from paying on a marriage
that never existed in the first place. I further maintain that I have
prepaid $80,000 for child support and alimony which the Family Court
refuses to recognize.

As a matter of house keeping, I have included 5 copies each of
[Exhibits B&E ]. Please include these with my appellate motion filed on
2/15/2006 as [Exhibit I ]. Unfortunately, these exhibits were not
available when I filed this motion, and I needed to file the motion
right away or Brian Schwartz would have had no choice but to release my
$10,000 trust fund to the plaintiff. This is the trust fund that I am
requesting be used to pay for transcripts of the false divorce
proceedings. Had I not filed right away, the Appellate Court would have
lost the opportunity to decide the matter. Still, I am sorry for the
inconvenience.


Thank you for your guidance and understanding


John Shearing

   Finally, Please let this letter serve as certification that
everything
in this letter is true and that I understand that if anything is
knowingly false, I am subject to prosecution. Also please let this
letter serve as my certification that a copy of this letter has also
been sent to Howard Duff Attorney for the plaintiff at 217 Main St.
Woodbridge NJ 07095 and to Judge Cassidy at the Union County Court
House and to Brian Schwartz.



John Shearing
CC Judge Cassidy, Howard Duff, Brian Schwartz