Rev

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About Rev

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  1. Okay guys, it's been an interesting day today...this morning I got a call (after 2 weeks) from the other attorney, asking if I knew where my ex was working so they could start garnishing wages from her. I felt bad for her...but gave them all the information they needed...anyway! Then I get a call this afternoon and it seems she is using me for a reference so she can buy a car...hmmm. What did Flip Wilson use to say when he did something evil?..."The devil made me do it!". That thump you heard and felt was me throwing her under the bus...
  2. I was thinking today, I wonder what else she has done to me that I don't know about? So I pulled my credit report. She has been getting me over and over again since the divorce! Every time she takes my daughter to the hospital, she tells the hospital I am the primary insurance, when she is actually, and is supposed to stay that way according to our divorce. I only have a discount plan not insurance. As a result I have 18 hospital bills in various stage of collections on my credit report! Crap! Crap! Crap! I am in the final stages of interviews for a Pastorate in Michigan where I am preaching on Easter Sunday, 2 months from now. HELP! Back to the board! I get to get this stuff off in 2 months. Why won't she leave me alone?!!!
  3. Hey everyone, we won in court today and won big! I thought the judge was going to come unglued with the plaintiff's attorney. So here is what happened in a nutshell. My ex-wife forged my signature to the enrollment and guarantee form! Yes you heard it right! Here are the details: We sat down and went through our standard greetings. But because the other attorney had a motion to switch attorney's, we had to deal with that first off. I objected in writing on bias because he was a board member at the school, and if he were to say he obtained any copies of any agreements, or were handed and affidavits I would have to motion to strike on "hearsay" and his statements regarding how he obtained his copies would be inadmissible as he would then be an affiant himself, how can an affiant be an advocate in person and an attorney at the same time? He had no answer other than to say he would not make any statements. So he was bound up on to ask questions and give no answers. The judge then went to my motion of personal and subject matter jurisdiction: His under attorney filed in the wrong county court so the judge said she could dismiss on that but he could refile in the wright court, I waved it because I had him discombobulated as it was and I figured I could take him. Then we went to my motion to dismiss for failure to file against me. He pulled out the letter stating who his under attorney used to serve my ex-wife, but in the following paragraph, she also stated that she would let the court know who they were going to use to serve me. I ask the judge, where is the receipt of service because I was never served. He started say his under attorney said she had, and I objected motion to strike as hearsay! The judge sustained and the attorney turned white as a sheet. His client started to shake her head. Then we went to the complaint, He read the complaint, and I objected because the complaint said defendants not each defendant individually. I said we were not married at the time, and our divorce is public record that states clearly I can not be held liable for debts incurred by my ex-wife, and that she is suppose to indemnify and defend me for wrongful prosecution, and suits as a result of her actions. I at this time would like to make a motion for a separate trial as being appropriate because the plaintiff has not offered any proof that I am attached to this debt, nor has he validated this debt. The judge ask the plaintiff's attorney if he had a contract. He said he did with my signature on it. It was a copy. I said where is the original, he said it was in the folder, I said so why am I seeing a copy and who made the copy? He said his under attorney, I said "your honor I object to the copy of the contract being represented being used since he just testified that he receive from someone else. I motion to strike the attorney's testimony that He received it from someone else, and has no personal knowledge of this representation". The judge sustained, and him to put his witness on the stand so he could introduce the original into evidence. The witness was the "bookeeper". He introduce the contract, and the account statement. Then he asked if she had witness the signing. She said no, it was done by mail, then I crossed. I asked for the document and look at and found my signature to it...but it wasn't mine. I smiled and again asked her, "just to be clear, it is your testimony that you never saw me or my ex sign this document? She said that was her testimony. I asked her, if she ever had any conversation with me about my daughters account at any time? She said no, it was always with my ex. I pulled out my driver's license's for the last 14 years, and show them to her. I ask her to verify the address, and she said that was the one she had. I then asked her to verify the signatures on the drivers license's to the one on the contract and she said they are totally different. I said I was good. The attorney said "WHAT?" I grabbed the contract and my 3 licenses and gave them to the attorney, and sat down. The judge was shaking her head. The attorney then called me to the stand. He asked me if I had signed this contract, I said no and this was the first time I had seen it. He said, "So under oath and the penalty of purgery that this was not your signature?". I said no, and your witness said it didn't look like it either". He was mad! So then he asked if I thought that the school was medically necessary for my daughter. I said from the beginning that I could not afford to put her there, in fact I had her registered in a public school with services, and I could have her home everyday. I even went so far as to sue the school district to get them to pay for the tuition but they felt they had the services both educationally and medically to care for her needs. Then I hand over the final decree that I had underlined what I just said. But if my ex-wife was going to pay for it sure I wanted her there. He excused me and said he rested. In the final arguments he tried to miss state my testimony and say that I had said under oath that I felt his school was medically necessary and therefore underneath Virginia's Doctrine of Necessities, that I should be made to pay anyway. The judge was quick to say, "Counselor that not what he said and you know that, The Doctrine of Necessities does not apply here, especially since he has a final judgment from here in Virginia that states the public school could service her medical and educational needs better!" She then said to the attorney, "Counselor, I have many Motions to Dismiss all for different reasons and they all apply to this case!". The she says this,"for an attorney of your stature, I expect you to have had your ducks in a row, when you received any of these motions you should have verified instead of making Mr. Fuller ride 21 hours in a bus to get here and 21 hours he'll have to ride back". Mr Fuller has done the best Lawyering job I've seen in a long time and I think you need to offer him a job litigating your cases! Case is dismissed against Mr. Fuller, and the full judgment is issued against Mrs. Fuller plus attorney fee's and interest until debt is fully paid.... As we walked out, he said he has been practicing law for since 1975, is registered in the supreme court and court of appeals and never have I been looked so bad...what a surprise to all of us! He looked shell shocked...Deer in the headlights! He then said, "so do you want a job?" In Virginia, you can read law for with an attorney for 3 years and then take the bar exam. Maybe 20 years ago, but not at my age. Thanks be to everyone of you who gave me advice! This is a win for all of us!
  4. Hey everyone, we won in court today and won big! I thought the judge was going to come unglued with the plaintiff's attorney. So here is what happened in a nutshell. My ex-wife forged my signature to the enrollment and guarantee form! Yes you heard it right! Here are the details: We sat down and went through our standard greetings. But because the other attorney had a motion to switch attorney's, we had to deal with that first off. I objected in writing on bias because he was a board member at the school, and if he were to say he obtained any copies of any agreements, or were handed and affidavits I would have to motion to strike on "hearsay" and his statements regarding how he obtained his copies would be inadmissible as he would then be an affiant himself, how can an affiant be an advocate in person and an attorney at the same time? He had no answer other than to say he would not make any statements. So he was bound up on to ask questions and give no answers. The judge then went to my motion of personal and subject matter jurisdiction: His under attorney filed in the wrong county court so the judge said she could dismiss on that but he could refile in the wright court, I waved it because I had him discombobulated as it was and I figured I could take him. Then we went to my motion to dismiss for failure to file against me. He pulled out the letter stating who his under attorney used to serve my ex-wife, but in the following paragraph, she also stated that she would let the court know who they were going to use to serve me. I ask the judge, where is the receipt of service because I was never served. He started say his under attorney said she had, and I objected motion to strike as hearsay! The judge sustained and the attorney turned white as a sheet. His client, started to shake her head. Then we went to the complaint, He read the complaint, and I objected because the complaint said defendants not each defendant individually. I said we were not married at the time, and our divorce is public record that states clearly I can not be held liable for debts incurred by my ex-wife, and that she is suppose to indemnify and defend me for wrongful prosecution, and suits as a result of her actions, and I at this time would like to make a motion for a separate trial as being appropriate because the plaintiff has not offered any proof that I am attached to this debt, nor has he validated this debt. The judge ask the plaintiff's attorney if he had a contract. He said he did with my signature on it. It was a copy. I said where is the original, he said it was in the folder, I said so why am I seeing a copy and who made the copy? He said his under attorney, I said "your honor I object to the copy of the contract being represented being used since he just testified that he receive from someone else and I motion to strike the attorney's testimony that He received it from someone else, and has no personal knowledge of this representation". The judge sustained, and him to put his witness on the stand so he could introduce the original into evidence. The witness was the "bookeeper". He introduce the contract, and the account statement. Then he asked if she had witness the signing. She said no, it was done by mail, then I crossed. I asked for the document and look at and found my signature to it...but it wasn't mine. I smiled and again asked her, "just to be clear, it is your testimony that you never saw me or my ex sign this document? She said that was her testimony. I asked her, if she ever had any conversation with me about my daughters account at any time? She said no, it was always with my ex. I pulled out my driver's license's for the last 14 years, and show them to her. I ask her to verify the address, and she said that was the one she had. I then asked her to verify the signatures on the drivers license's to the one on the contract and she said they are totally different. I said I was good. The attorney said "WHAT?" I grabbed the contract and my 3 licenses and gave them to the attorney, and sat down. The judge was shaking her head. The attorney then called me to the stand. He asked me if I had signed this contract, I said no and this was the first time I had seen it. He said, "So under oath and the penalty of purgery that this was not your signature?". I said no, and your witness said it didn't look like it either". He was mad! So then he asked if I thought that the school was medically necessary for my daughter. I said from the beginning that I could not afford to put her there, in fact I had her registered in a public school with services, and I could have her home everyday. I even went so far as to sue the school district to get them to pay for the tuition but they felt they had the services both educationally and medically to care for her needs...and then I hand over the final decree that I had underlined what I just said. But if my ex-wife was going to pay for it sure I wanted her there. He excused me and said he rested. In the final arguments he tried to miss state my testimony and say that I had said under oath that I felt his school was medically necessary and therefore underneath Virginia's Doctrine of Necessities, that I should be made to pay anyway. The judge was quick to say, "Counselor that not what he said and you know that, The Doctrine of Necessities does not apply here, especially since he has a final judgment from here in Virginia that states the public school could service her medical and educational needs better!" She then said to the attorney, "Counselor, I have many Motions to Dismiss all for different reasons and they all apply to this case!". The she says this,"for an attorney of your stature, I expect you to have had your ducks in a row, when you received any of these motions you should have verified instead of making Mr. Fuller ride 21 hours in a bus to get here and 21 hours he'll have to ride back". Mr Fuller has done the best Lawyering job I've seen in a long time and I think you need to offer him a job litigating your cases! Case is dismissed against Mr. Fuller, and the full judgment is issued against Mrs. Fuller plus attorney fee's and interest until debt is fully paid....as we walked out, he said he has been practicing law for since 1975, is registered in the supreme court and court of appeals and never have I been looked so bad...what a surprise to all of us! He looked shell shocked...Deer in the headlights! He then said, "so do you want a job?" In Virginia, you can read law for with an attorney for 3 years and then take the bar exam. Maybe 20 years ago, but not at my age. Thanks be to everyone of you who gave me advice! This is a win for all of us!
  5. Okay my friends, after reading your posts and considering your advice I found an argument that will put this attorney between a rock and a hard place and hopefully for him to make a deal or drop the suit. Read my motion that I filed today. Taking the bus in the morning up to Virginia for Thursdays hearing. Your comments are all welcome as I prepare to review all my documentation over the next few days. God Bless you all, and I will let you know that out come! COMMONWEALTH OF VIRGINIA ALBEMARLE COUNTY CIRCUIT COURT Civil Action No. CL11000098-00 OAKLAND SCHOOL Plaintiff vs. MARIQUITA FULLER Defendant STEPHEN FULLER Defendant OBJECTIONS TO MOTION TO PERMIT JENNIFER L. McKEEVOR TO WITHDRAW AS COUNSEL FOR THE PLAINTIFF AND D. BROCK GREEN TO BE SUBSTITUTED AS COUNSEL FOR THE PLAINTIFF: Whereas, Receipt of MOTION to STEPHEN FULLER, DEFENDANT on Saturday February 4, 2012 is 5 days from hearing date and I object to this MOTION being made with in 5 days of the hearing Whereas, STEPHEN FULLER, DEFENDANT objects to D. BROCK GREEN as substituted counsel on the basis of BIAS, whereas D. BROCK GREEN an advertised member of “The Board of Directors” of Oakland School, the plaintiff. In Virginia, “bias” includes “any species of partiality from which a willingness to sacrifice the truth might be inferred.” Malcolm Y. Marshall et al., The Law of Evidence in Virginia and West Virginia § 40 (Nash ed. 1954). The bias of a witness is always a relevant subject of inquiry when confined to ascertaining previous relationship, feeling, and conduct of the witness. Norfolk & W. Ry. v. Sonney, 236 Va. 482, 374 S.E.2d 71 (1988) (citing Henning v. Thomas, 235 Va. 181, 366 S.E.2d 109 (1988)). Whereas, STEPHEN FULLER, DEFENDANT has not been afforded his right to due process in form of a received Complaint and possible Affidavits, STEPHEN FULLER, DEFENDANT reserves the right to object to D. BROCK GREEN as substituted counsel on the basis of him being technically an affiant in his own case. If D. BROCK GREEN is allowed to substitute as counsel for the plaintiff, then STEPHEN FULLER, DEFENDANT, would MOTION TO STRIKE ANY AND ALL POSSIBLE AFFIDAVITS OF DEBT IN SUPPORT OF PLAINTIFF'S CLAIMS Comes now, Defendant and respectfully states the following: 1. If Plaintiff has submitted into evidence an affidavit claiming that the affiant has personal knowledge of business records related to the aforementioned debt. AFFIDAVIT OF DEBT IN SUPPORT OF PLAINTIFF'S CLAIMS. 2. The affiant writing the AFFIDAVIT OF DEBT (Exhibit A) does not explain how the business records came into her possession, only that to the best of her belief they "represent" the actual records from the original creditor, Gigantic Credit Card Company. 3. Affiant of AFFIDAVIT OF DEBT does not claim to have personal knowledge of how business records were kept at the original creditor. 4. Affiant of AFFIDAVIT OF DEBT does not claim to have personal knowledge of the sale or assignment of the debt from the original creditor to ACME Collection Agency. Defendant prays this case be dismissed with prejudice against STEPHEN FULLER Defendant along with any further relief the court deems just and proper. Further the defendant sayeth not. By the Defendant pro se Dated: February 6, 2011 my Name I hereby certify that on February 6, 2012 I served a true copy of this OBJECTIONS TO MOTION TO PERMIT JENNIFER L. McKEEVOR TO WITHDRAW AS COUNSEL FOR THE PLAINTIFF AND D. BROCK GREEN TO BE SUBSTITUTED AS COUNSEL FOR THE PLAINTIFF first class postage prepaid on plaintiff Oakland School via their legal counsel Jones & Green, LLP at 917 East Jefferson street, Charlottesville, Virginia 22902 _______________________________________ (Stephen Fuller, Defendant)
  6. Okay, after doing some research on the "New" attorney, I find out he is one of the board director's of the school, and he is licensed to in both the court of appeals and the supreme court of Virginia. He also is a who's who attorney in the state. Wants to make an example of me for messing with his under-attorney. Any help on preparing a defense and how the hearing should go? I expect the judge to deny everything and protect this guy, so I figure my opening statement is really important. I am putting an "evidence book" together. Any idea's...I can't afford an attorney, but have beaten some pretty good ones in the last few years. I recently lost to an $1000 and hour one but have beaten some $250 one's and a $350 one. Any help would be appreciated. I am a great closer!
  7. Well guys, I just received a letter today from the other attorney. The head attorney of the firm has requested his handling attorney be withdrawn from the case, and he will plead it instead. I am wondering if this means that he agree's that his handling attorney botched it and he need to try and save face with his client and try to clean it up himself...any comments? Answers to Questions: My daughter was put into the school after the divorce...and 1 months before my ex-wife remarried. I knew she was going to do it. But, I made sure and she agreed to, that this was her decision only, and that I was not in any postion to financially sign or guarantee payment in any way. My only obligation would be to pay my child support and visit her, which I did every two weeks. My ex-wife, agreed...as did the school to this understanding. All financial discussions were with my ex. At no time did was ever notified or called about a past due bill, and still haven't. Not only that, but I secured an IEP to have her go to a publice school just 2 blocks from my house with specialized services to meet her needs. My ex wouldn't agree to it.
  8. I not only do not have any responsibilities towards education, but no child support either. Before I get crushed here, I did have it court ordered for $259 a month originally. We made a deal that I could get her more if she dropped child support. Afterwards I sent her around $400 and currently an sending her $650 a month as well as a couple of thousand off of tax returns that should have more than paid for my half of indebtedness on the school in question...she took herself and 4 others on a cruise instead of paying the bill like she agreed to verbally.
  9. COMMONWEALTH OF VIRGINIA ALBEMARLE COUNTY CIRCUIT COURT Civil Action No. CL11000098-00 OAKLAND SCHOOL Plaintiff vs. MARIQUITA FULLER Defendant STEPHEN FULLER Defendant MOTION TO DISMISS AGAINST STEPHEN FULLER DEFENDANT FOR LACK OF PERSONAL JURISDICTION, AND SUBJECT MATTER JURISDICTION. Due process requires that a person have some kind of connection to the state before that person can be brought into court to answer a claim. Stephen Fuller (defendant) asserts that he resides in the State of Alabama and has since May of 2010 and therefore the proper venue for the plaintiff to sue him would be in Jefferson County Circuit Court; the date for which final money due the plaintiff exceeds the date of Stephen Fuller (defendant) resident date in Alabama; no signed contract and or correspondence exits that adjoin him to this debt and therefore he in NOT eligible to be sued by the plaintiff; the divorce decree entered into with Mariquita Fuller (defendant/ex-wife) precedes any contract signed by Mariquita Fuller (defendant/ex-wife) with the plaintiff; divorce decree indemnify's Stephen Fuller (defendant) against any contract entered into by Mariquita Fuller (defendant/ex-wife) after separation (10/2006)(please see article 25 in Separation/Final Document) including and presumed adjoining due to children conceived by both parties; Anna Fuller was born in Fort Wayne, Indiana and is a resident of Alabama and therefore is not a child of Virginia; there is no business relationship including with the plaintiff that would meet the legal standard of “minimum” contact with Virginia. LEGAL STANDARD Federal Rule of Civil Procedure 12((2) permits dismissal of an action where the court lacks personal jurisdiction. The plaintiff bears the burden of demonstrating personal jurisdiction by a preponderance of the evidence once its existence is challenged by the defendant. Combs v. Bakker, 886 F.2d 673, 676 (4th Cir. 1989); Jones v. Frazier, No. l:09-cv-513, 2009 WL 2601355, at *3 (E.D. Va. Aug. 18,2009). If, however, as is the case here, the court decides the jurisdictional question based solely on the motion papers, supporting legal memoranda, and the relevant allegations of the complaint, the plaintiff need only prove a primafacie case of personal jurisdiction. Mylan Labs., Inc. v. Akzo, N.V.,2 F.3d 56, 60 (4th Cir. 1993); Jones, 2009 WL 2601355, at *3. In deciding whether the plaintiff has proved a primafacie case, "the court must construe all relevant pleading allegations in the light most favorable to the plaintiff, assume credibility, and draw the most favorable inferences for the existence of jurisdiction." Combs, 886 F.2d at 676. ANALYSIS To determine whether personal jurisdiction over a non-resident defendant exists, the Court must engage in a two-part analysis. First, the Court must determine whether Virginia law authorizes jurisdiction. Next, the plaintiff must establish that the defendant has "certain minimum contacts with [Virginia] such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice," so that personal jurisdiction over the non resident defendant comports with the due process requirements of the Fourteenth Amendment to the United States Constitution. Consulting Eng'rs Corp. v. Geometric, Ltd., 561 F.3d 273,277 (4th Cir. 2009); Wolfv. Richmond County Hosp. Auth., 745 F.2d 904, 909 (4th Cir. 1984). Under the Due Process framework, a non-resident defendant may be subject to either general or specific jurisdiction. To establish general jurisdiction, the defendant's activities must be "continuous and systematic" in the state and the plaintiff must demonstrate "fairly extensive" minimum contacts with Virginia. Nichols v. CD. Searle & Co., 991 F.2d 1195, 1199 (4th Cir. 1993); Flexible Benefits Council v. Feltman, No. l:08-cv-371, 2008 WL 2465457, at *3 (E.D. Va. June 16, 2008); Jones, 2009 WL 2601355, at *2. Specific personal jurisdiction exists when a defendant "purposefully directed his activities at the residents of the forum" and the plaintiffs causes of action "arise out of those activities. Burger King Corp. v. Rudzewicz, 471 U.S. 462, 472 (1985). Under Fourth Circuit law, in determining whether specific jurisdiction should be asserted, a court should consider: "(1) the extent to which the defendant purposefully availed itself of the privilege of conducting activities in the State; (2) whether the plaintiffs' claims arise out of those activities directed at the State; and (3) whether the exercise of personal jurisdiction would be constitutionally reasonable." Consulting Eng'rs Corp., 561 F.3d at 278. Defendant prays this case be dismissed against STEPHEN FULLER Defendant along with any further relief the court deems just and proper. Further the defendant sayeth not. By the Defendant pro se Dated: January 14, 2012 Stephen Fuller 7714 Bluff Ridge Rd. Bessemer, AL 35022 757-478-4853 I hereby certify that on January 30, 2012 I served a true copy of this MOTION TO DISMISS AGAINST STEPHEN FULLER DEFENDANT FOR LACK OF PERSONAL JURISDICTION, AND SUBJECT MATTER JURISDICTION against STEPHEN FULLER Defendant by first class postage prepaid on plaintiff Oakland School via their legal counsel Jones & Green, LLP at 917 East Jefferson street, Charlottesville, Virginia 22902 _______________________________________ (Stephen Fuller, Defendant)
  10. Okay, I checked the divorce decree, and education is not one of the subheadings...but "debt" is: "Except as otherwise provided herein, each party agrees to be fully and individually responsible for all obligations individually incurred by himself prior to the date of the parties' separation and from the date of the parties' separation forward. Each party agrees to defend, indemity, and hold the other harmless from any suit or claim asserted against hime or her on account of such obligation. Further, Husband and Wife agree that neither shall in any manner pledge the credit of the other. Husband and Wife agree that neither party shall be responsible for the other party's contract or tort liablilty to a third party, whether such liability arose before or after the separation of the parties, except as otherwise for herein. Each party agrees to defend, indemnify and hold the other harmless from any suit or claim asserted against him or her on account of such contact or tort liability. The doctrine of necessaries shall not apply to either party and shall in no event create any liability between the parties as to each other or as to third parties since the parties are permanently living separate and apart." ...any comments?
  11. At this point, I don't even know what their argument(s) are because I haven't a complaint. So I think job one is to call the court clerk and get the complaint sent to me. Job two is to motion to amend my objection to include venue and personal jurisdiction. I am comtemplating filing a cross complaint against my ex and inviting the plaintiff to join in return for dropping their suit against me. Any comments?
  12. What should I do now? I still have not received the complaint. I filed my objection and motion to dismiss with in 30 days of finding out I was being sued. My thought is to send a motion for discovery, a motion to compell, and then another motion to dismiss all at once. If I drown them in "motion sickness" they may be open to refile underneath my ex-wifes name leaving me off. Any comments would be gratefully accepted. Thank you in advance.
  13. Hey there, My exwife put my daughter into a private school after we were divorced. She refused to pay the bill even though she is the only one to sign a guarantee on it. I have never had a ny discussions or any letters from the school regaring the debt, nor did I know until a month ago that I was party to the lawsuitd which was file on 2/14/2011. I got a notice from the attorney on 12/15/2011 about the suit but I live in Alabama, and the suit is in Virginia on 1/26/2012. My gut feeling is the attorney is trying to pull a fast one on me for a judgment. I have not even had the opportunity to see a copy of the complaint. What can I do? I sent a Motion of dismissal with pregudice for not following Civil Court procedure, however it has been my experience that attorney's can see they sent one and didn't an frequently get away with it. I sent my objections to the suit with another motion to dismiss based on what I know, but again I haven't been afforded the opportunity to view the complaint.