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Home My WebLink About08-3244IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA McLisa Fuller Plaintiff V. : CIVIL ACTION - LAW Gregory Fuller : NO. 1X- 3a4q CIVIL TERM Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyers Referral Services Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA McLisa Fuller Plaintiff V. : CIVIL ACTION - LAW Gregory Fuller NO. o P- CIVIL TERM Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE COUNT I DIVORCE AND NOW, comes the above-named Plaintiff seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is McLisa Fuller, who currently resides at 6373 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Gregory Fuller, who currently resides at 1617 Sheepford Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff has been bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and defendant were married on November 22, 1998 at St. Lucia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither plaintiff nor defendant is in the Armed Forces of the United States or any of its allies. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff, McLisa Fuller, prays that a decree in divorce be entered dissolving the marriage between the two parties. COUNT II EQUITABLE DISTRIBUTION 9. The allegations contained in Paragraphs 1 through 8 of this Petition are incorporated herein by reference as though set forth in full. 10. The parties have acquired property during their marriage, both real and personal, and are unable to agree as to the distribution of the same. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order equitably dividing the marital property of the parties. COUNT III COURT COSTS AND ATTORNEY'S FEES 11. The allegations contained in Paragraphs 1 through 10 of this Petition are incorporated herein by reference as though set forth in full. 12. Plaintiff is unable to sustain herself during the litigation of her divorce action with related claims and is in need of court costs and attorney's fees. 13. Defendant is of sufficient financial means to compensate Plaintiff for court costs and attorney's fees. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an N Order awarding court costs and attorney's fees and such other relief as this Honorable Court deems appropriate. Respectfully Submitted, Wm. C. Felker, Esquire Attorney For Plaintiff ID # 67999 P.O. Box 1401 Camp Hill, PA 17001 717-512-0647 II - I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. r? Date: Jt' C? D ?J McLisa uller co ? r r MELISA FULLER, Plaintiff V. GREGORY FULLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3244 CIVIL ACTION -LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of GREGORY FULLER, the Defendant in the above-captioned matter. MARIA P. COGNETTI & ASSOCIATES Date: July 17, 2008 By: MARIA. COETTI, ESQUIRE Attorney I.D. o. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant --c _ ?-- ? - ? c-- r? C::: d '"f f f yJ ?' M^ ?.; ??'. f.3 1 -1 s - ^^?? ? p? -? .y -y +? ,rJ h'S { IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA McLisa Fuller Plaintiff V. : CIVIL ACTION - LAW Gregory Fuller Defendant NO. 08-3244 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER McLisa Fuller, plaintiff, moves the court to appoint a master with respect to the claims: Divorce; Distribution of Property; Counsel Fees; Costs and Expenses and in support of the motion states: 1. Discovery is not complete as to the claims for which the appointment of a requested. 2. Defendant has appeared in the action by his attorney, Maria P. Cognetti, Esquire. 3. The statutory grounds for divorce are 3301(c) and 3301(d) of the Divorce Code. 4 (a). An agreement has been reached with respect to the following claims: Divorce. (b). The action is contested with respect to the following claims: Distribution of Counsel Fees; Costs and Expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 2 hours. Respectfully Su , Date *00 Wm. C. Fe ker, Esquire Attorney for Plaintiff P.O. Box 1401 Camp Hill, PA 17001 717-512-0647 ORDER APPOINTING MASTER AND NOW, 2009 master with respect to the following claims: Esquire is appointed By the Court: is J. ?? ? ? ?? ? irk ??-? x` :? ? g ,?. .,,? ?? ? Crc?i . r-{ ?` -G ?? MAR 2 6 2008 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA McLisa Fuller Plaintiff V. : CIVIL ACTION - LAW Gregory Fuller : NO. 08-3244 CIVIL TERM Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER McLisa Fuller, plaintiff, moves the court to appoint a master with respect to the following claims: Divorce; Distribution of Property; Counsel Fees; Costs and Expenses and in support of the motion states: 1. Discovery is not complete as to the claims for which the appointment of a master is requested. 2. Defendant has appeared in the action by his attorney, Maria P. Cognetti, Esquire. 3. The statutory grounds for divorce are 3301(c) and 3301(d) of the Divorce Code. 4 (a). An agreement has been reached with respect to the following claims: Divorce. (b). The action is contested with respect to the following claims: Distribution of Property; Counsel Fees; Costs and Expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 2 hours. Respectfully Su , Date M Wm. C. Fe ker, Esquire Attorney for Plaintiff P.O. Box 1401 Camp Hill, PA 17001 717-512-0647 ORDER APPOINTING MASTER AND NOW, 7 ,2009, Esquire is appointed master with respect to the following claims: A954eoe J. c "i MELISA FULLER, V. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA GREGORY FULLER, Defendant DOCKET NO. 08-3244 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw the appearance of Maria P. Cognetti, Esquire, on behalf of Gregory A. Fuller, Defendant in the above-captioned action, and enter the appearance of Gregory A. Fuller, Pro Se. MARIA P. Q07C.NETTI Grego uller, Pro Se 1612 Sheepford Road Mechanicsburg, PA 17055 Telephone: (717) 737-9317 DATE: / 01 Maria P. Cognett1gi Attorney ID No. 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone: (717 90 -4060 DATE: 14 // TES OF THE P-o'7 +t: rNIOTAPY 2009 DEC 14 Ph 2: 3 9 JlKy r P1N`iYl'-V,4-N!A ,.. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA McLisa Fuller Plaintiff V. Gregory Fuller Defendant : CIVIL ACTION - LAW NO. 08-3244 CIVIL TERM IN DIVORCE PRETRIAL STATEMENT t?r° zy cta f.. S; c c a r c 1. All marital property is in the possession of defendant. With the exception of the martial residence, Plaintiff does not know what martial property remains. Plaintiff's best estimate at this time is that the marital residence is currently worth at least $250,000.00. Plaintiff has not been able to get any cooperation from defendant as to what encumbrances are against the property, but believes the encumbrances could be as high as $185,000.00. 2. No expert witnesses have been decided upon. Plaintiff will call upon a certified appraiser if the property's value is disputed. 3. No witnesses have been decided upon. Plaintiff at this time would foresee needing to call upon a certified appraiser who would testify as to the properties value and loan officials who would testify as to timing of encumbrances and amounts of encumbrances. 4. Plaintiff would submit as exhibits an appraisal and once defendant complies with the discovery request, loan documentation. 5. Plaintiff believes this to be not applicable in this matter. If deemed otherwise Plaintiff will provide the requested information in a timely manner. 6. Plaintiff believes this to be not applicable in this matter. If deemed otherwise Plaintiff will provide the requested information in a timely manner. 7. Plaintiff believes this to be not applicable in this matter. If deemed otherwise Plaintiff will provide the requested information in a timely manner. 8. Plaintiff is being charged a flat rate of $5,000.00. 9 Plaintiff believes this to be not applicable in this matter. If deemed otherwise Plaintiff will provide the requested information in a timely manner. 10. Plaintiff believes this to be not applicable in this matter. If deemed otherwise Plaintiff will provide the requested information in a timely manner. 11. Plaintiff simply asks for the same equity the defendant took from the martial residence for personal use plus half the remaining equity in the marital residence. Defendant may keep all remaining martial property in his possession. Respectfully Submitted, Date, ` ?l old 4 m. C. Felker, Esquire Attorney for Plaintiff P.O. Box 1401 Camp Hill, PA 17001 717-512-0647 CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Pretrial Statement was served upon the party listed below via first class, United States mail, postage prepaid. Gregory Fuller 1612 Sheepford Road Mechanicsburg, PA 17055 May 12, 2010 William C. Felker, Esquire IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY„, o . . PENNSYLVANIA C' ='~''} c.~,= ,~ o ~~ ~ ~ _~ .,_-~ McLisa Fuller ' ' ` ~ ~ ~ `._° =,- ~,~,~ Plaintiff = :S v. :CIVIL ACTION -LAW ~' = ` ~ :~- c, - _ ~_: Gregory Fuller d` NO. 08-3244 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 22, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without Notice. 2. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~ o~g / ~ McLisa uller IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ~ McLisa Fuller Plaintiff v. :CIVIL ACTION -LAW Gregory Fuller NO. 08-3244 Defendant : IN DIVORCE AFFIDAVIT OF CONSENT o .r_i ~ ~~, ~-: ' : -v__ ~ ;-, +i'~i ~ <--- C -r :. fa.. ti ~ ~--:. `_ ( ~ `i" ., ~~ ~~: ~., O ~: :m S •:.. CIVIL TERM 1. A complaint in divorce under Section 3301(c) of the Divorce Code. was filed on May 22, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without Notice. 2. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: "7 ~ ~ / ~ r-- Gregory F er McLISA FULLER, Plaintiff vs. GREGORY FULLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 08 - 3244 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ~~ day of ~ 2010, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on October 5, 2010, the date set for a Master's hearing with counsel and the parties, the agreement and stipulation having been transcribed, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, Kev' A. Hess, P.J. cc: i/ Wm. C. Felker Attorney for Plaintiff ~ Gregory Fuller ~, Defendant ( Pro Se ) ~ ~' -` ~ _. t~ ~_ ~_~ G ~ C^j ~"~ -> ~ "~' C~ ~'7 :~ : •.. ~ ~-f •'' .~~3. 4 McLISA FULLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 08 - 3244 CIVIL GREGORY FULLER, Defendant IN DIVORCE THE MASTER: Today is Tuesday, October 5, 2010. This is the date set for a hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, McLisa Fuller, and her counsel Wm. C. Felker, and the Defendant, Gregory Fuller. Mr. Fuller is not represented by counsel. The parties previously appeared before the Master on July 28, 2010, at which time a memo was placed on the record and provided to both parties and counsel. Mr. Fuller was given the opportunity to obtain financing in order to buy out his wife's interest in the property but he has indicated today that he has not been able to borrow any money from a bank or a lender in order to accomplish the settlement. Consequently, the parties have come to an agreement that husband will make a payment monthly to wife to buy out her interest in the real estate located at 1612 Sheepford Road, Mechanicsburg, Cumberland County, Pennsylvania. The property is currently encumbered with a 1 . r first mortgage in favor of American Home Mortgage, and Members 1st which has a home equity loan against the property. The obligation to wife would be a third tier lien against the property. We have discussed the amount of the mortgage payoff which is around $132,000.00 and the home equity line which is around $6,000.00 which totals around $140,000.00. Wife Has agreed to accept the sum of $35,000.00 as full satisfaction of any claims she has against husband for her interest in the house. Consequently, based on an appraisal that wife has obtained three months ago of $205,000.00 for the value of the real estate, there is apparently sufficient equity in the property to protect her interest as a third lien holder. The parties have agreed that husband will pay to wife the sum of $35,000.00 over a period of 60 months in the amount of $644.58 per month, using an interest rate of 4%. Attached to my memo and agreement is a loan amortization calculator which shows the calculation of the amount borrowed of $35,000.00 at a 4% rate for a period of 60 months at $644.58 per month. Mr. Fuller has indicated that he is agreeable to make that payment to wife for a total of 60 months to extinguish her claims against the property. The first payment will be on November 1, 2010. Attorney Felker is going to prepare a note or mortgage document which will be signed by Mr. Fuller to evidence his 2 I agreement and which will be entered as a lien against the property. The note will have a clause providing for the document to be entered as a lien against the property. Mr. Fuller and Mr. Felker will arrange a time for Mr. Fuller to meet at Mr. Felker's office to review the document prepared by Mr. Felker and sign the documents as indicated. The signing should occur within a week. Mr. Felker has indicated that he can probably have the documents prepared in the next couple of days and he will contact Mr. Fuller to stop by and sign the documents. Mr. Fuller's phone number is 648-1687. Wife has indicated that she also a consigner on the second lien against the property which is in favor of Member's 1st which is a home equity loan. Wife will sign and deliver to husband a special warranty deed for the property at such time as she is removed as an obligor on the loan to Member's 1st and at such time as she has been paid the total amount due under the terms of the agreement with husband for her interest in the house and real estate in the amount of $35,000.00 plus interest at 4%. Upon the occurrence of both of those events, wife will then sign and deliver to husband a special warranty deed transferring all her right, title and interest in said property to husband. The parties previously signed affidavits of 3 consent and waivers of notice of intention to request entry of divorce decree on July 28, 2010. The documents were filed with the Prothonotary's office on August 6, 2010, within thirty (30} days of their signing. Consequently the divorce can conclude under Section 3301(c) of the Domestic Relations Code. There are no other matters pending between the parties relating to the claim for equitable distribution. Both parties waive any claims against the other for counsel fees and costs and alimony. Mrs. Fuller, have you heard what I have stated on the record? MRS. FULLER: Yes. THE MASTER: Do you have any questions about what I have stated on the record? MRS. FULLER: My only question was counsel fees. I had originally asked for that. THE MASTER: I know you have and I have waived that. Do you want to have discussion with your counsel and Mr. Fuller about a reimbursement for some counsel fees? (Whereupon, a discussion was held off the record.) THE MASTER: We have had a discussion about the counsel fees issue and Mr. Felker and his client have 4 conferred privately. We then discussed the matter with Mr. Fuller. He indicated that he has a credit with Maria Cognetti, previous counsel for Mr. Fuller. He indicated that he had paid Maria Cognetti $6,500.00 and that there is approximately $2,000.00 that has not been expended for counsel fees and that he is entitled to be reimbursed the $2,000.00. Mr. Fuller has indicated that he will obtain a check from attorney Cognetti for the amount that he is entitled as a credit on his payment of $6,500.00 and pay that money in the amount of $2,000.00 to his wife for her counsel fee claim. The payment to wife should occur within thirty (30) days from today's date. Mrs. Fuller, having added that provision to the agreement, are you willing to accept the settlement as stated in full satisfaction of all claims in this case? MRS. FULLER: Yes, I am. THE MASTER: Do you have any other questions? MRS. FULLER: No. THE MASTER: Mr. Fuller, you've been present while we have made this statement on the record? MR. FULLER: Yes. THE MASTER: Do you have any questions? MR. FULLER: No. THE MASTER: Are you willing to accept what we have stated as a full satisfaction of all claims in this 5 divorce proceeding? MR. FULLER: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: /i D~ (.~ m. C. Felker McLi a uller Attorney for Plaintiff ~~ S v ~~ Gregor uller l 6 Mortgage/Loaa Calculator with Amortization Schedule Page 1 of 2 Loan Amortization Calculator Almost any data field on this form may be calculated. Enter the appropriate numbers in each slot, leaving blank (or zero) the value that you wish to determine, and then click "Calculate" to update the page. Principal 35000.00 Payments per Year 12 Annual Interest Rate 4.0000 Balloon Payment Number of Regular Payments 60 Payment Amount 644.58 ^ Show Amortization Schedule Calculate This loan calculator is written and maintained by Bret Whissel. See Bret's Bloe for help, a spreadsheet, derivations, calculator news, and more information. Summary Principal borrowed: $35,000.00 Regular Payment amount: $644.58 Final Balloon Payment: $0.00 Interest-only payment: $116.67 *Total Repaid: $38,674.80 *Total Interest Paid: $3,674.80 Annual Payments: 12 Total Payments: 60 (5.00 years) Annual interest rate: 4.00% Periodic interest rate: 0.3333% Debt Service Constant: 22.0999% *Total interest paid as a percentage of Principal: ] 0.499% *These results are estimates which do not account for accumulated error of payments being rounded to the nearest cent. http://www.bretwhissel.net/cgi-bin/amortize 10/5/2010 MELISA FULLER V. GREGORY FULLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3244 DIVORCE DECREE AND NOW, 4-o"VI-el Z 3 , it is ordered and decreed that MELISA FULLER , plaintiff, and GREGORY FULLER , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (if no claims remain indicate "None.") NONE By the Court, Attest: J. &t. 0 rnaifed -to 4ttq Wiliam Felker 111141ia- Nahca n-Aj W * I)Dft