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GLENDA J. BREHM,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
97-6!09
;
ARTHUR L. BREHM, II,
DEFENDANT
CIVIL ACTION - LAW
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint, order and
notice are served, by entering a written appearance personally or by attorney and filing in writing
with the court your defenses or objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a judgment may be entered against
you by the court without further money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT BA VE A LAWYER, OR CANNOT AFFORD ONE. GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Court Administnltor
Cumberland County Courthouse
1 Courthouse Square
Carlisle. Pennsylvania 17013
(7i I) 240-6200
Americans with Disabilities
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
acconunodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing.
t-
GLENDA J" BREHM,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
97-6~9
ARTHUR L. BREHM, U.
DEFENDANT
CIVIL ACTION . LAW
COMPLAINT
BREACH OF AGREEMENT
AND NOW, this 29th of December, 1997, comes the plaintiff, Glenda 1. Brehm, and
makes the following complaint against the defendant:
1.
The plaintiff is Glenda 1. Brehmn, who is an adult individual residing at 373 High
Mountain Road, Shippensburg, Pennsylvania 17257.
2.
The defendant is Arthur L. Brehm, II, who is an adult individual residing at 39 Big Spring
Terrace, Newville, Pennsylvania 17241
3.
The parties were married on October S. 1985, and seplU'llted on lu1y 3, 1994. Thereafter,
the parties obtained a divorce in the Court of Common Pleas of Cumberland County on
November 2, 1995 at 94-7134.
2
4.
In lanuary of 1995 the parties agreed thlt the children had resided with the p1aintifhnd
that she was entitled to use the children as income tax exemptions for federal tax purposea.
S.
Thereafter without notifying the plaintiff, the defendant took both minor children, Melissa
Brehm and Nicole Brehm, as his federal tax dependents for the tax year ending December 31,
1994. The defendant also took a tax credil based upon his claim of both children as tax
dependents.
6.
The defendant never notified the plaintiff of his actions which were contrary to their verbal
agreement reached in lanuary of 1995.
7.
The plaintiff filed an amended federal income tax return for the tax year ending December
31, 1994, which look her two (2) children as dependenls and claimed the tax credit.
8.
The actions taken by Ihe defendant Arthur L. Brehm violated their verbal agreement and
have cost the plaintiff the sum of Two Thousand Four Hundred Thirty Five and n0l1oo
($2,435.00) DoUars plus interest from April 15, 1995.
3
9.
In addition, pursuant to the Marriage Settlement Agreement, the plaintiff is entitl<<lto
reasonable legal fees pursuant to paragraph fifteen (15) page seven (7) a copy of which is Ittached
and made a part of this complaint and is marked as Exhibit" A. "
WHEREFORE, the plaintiff, Glenda J. Brehm, requests judgment against the defendant,
Anhur L. Brehm, in the amount of Two Thousand Four Hundred Thirty Five and no/loo
($2,435.00) Dollars with interest from April 15, 1995 plus reasonable legal fees and the costs of
this action.
Respectfully submiued,
Date: December 29, 1997
ooca.~~,......t'IJMIt.MIT
4
the WIFE.
14,
J;llVOl{CE: The parties both agree to cooperate with each olher in obtaining a final
divorce of the marriage. It is agreed that the parties will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who is seeking the divorce.
15.
BREACH: If either party breaches any provisions of this Agreement, the other parly shall
have the right, at Us or her eleclion, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract should
be responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under litis Agreement.
16.
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to timc, at the
request of the other, execute, acknowledge and deliver 10 the other party any and all further
instruments that may be reasonably required to give full force and efi'ect to thc provisions of Ihis
Agreement.
17.
VOLUNTARY EXECUTION: The provisions of tltis Agrcement and their legal effect
have been fully explained to the parties by their respective counsel, and each party acknowledges
that the Agreement is fair and equitable, and that it is beinll entered into voluntarily, and that it is
7
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certilY that on this date a true and correct
copy of the Complaint was served by first class United Slates mail, postage paid in Carlisle,
Pennsylvania 17013, upon the following:
Mr, Arthur L, Brehm
39 Big Spring Terrace
Newville, PA 17241
By:
Date: DECEMBER 30. 1997
Gl.ENDA J. BREIIM.
PLAINTIFF
: IN TIlE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
vs.
97-6509
ARTHUR L. BREHM. II,
DEFENDANT
CIVIL ACTION - LAW
TO: Glenda 1. Brehm
clo Marcus A. McKnight, Esq.
60 W Pomfret Street
Carlisle, PA 17013
YOU ARE HEREBY NOTIFIED to file a written response to
the enclosed New Matter within twenty (20) days from service
hereof or a judgment may be entered against you.
Date:
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Respec
ul Bra ford Orr. Esquire
78 West Pomfret Street
Carlisle. PA 170t3
(717) 258-8558
Supreme Court ID No. 71786
By:
GLENDA J. BREIIM,
PLAINTIFF
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
vs,
97 - 6509
ARTHUR L. BREIIM, II,
DEFENDANT
CIVIl. ACTION. l.A W
ANSWER WITH NEW MATTER
AND NOW this 27 day ofJanuary 1998 comes the Defendant, Arthur L. Brehm, II, by
and through his allorney, Paul Bradford Orr, Esquire and files the following Answer and New
Maller against the Plaintiff.
\. Admiued.
2. Admiued.
3. Admitted in part, denied in part. It is admitted that the parties married on or about
October 5, 1985, It is specifically denied that the parties separated on July 3, 1994. To the
contrary, the parties separated on or about December 5, 1994. Subsequently, on December 21,
1994, Plaintiff filed a divorce aclion in the Cumberland County Court of Common Pleas
dockeled aI94-7134 civil term,
4. Denied, By way of further answer, the parties only agreed that for the tax year
1995 and thereafter that PlaintilT would be entitled to federal exemptions for their children.
5. Denied. To the contrary, discussions were entered into between Plaintiff and
Defendant with regards to filing a joint tax return for the year 1994. however, nothing was
finalized due to Plaintiff moving forward and tiling separately for tax year 1994. Additionally,
by way of further answer, Defendant provided more than 50% of support of the two minor
children and there lore he prcperly reported on his 1994 return the two minor children as
exemptions.
6. To the contrary, therc was no verbal agrcement betwccn thc pw1ies. By way of
further answer, Defendanl aftcr being repealedly ignored by Plaintiff when discussing their
outstanding tax issucs moved forward and filcd a properly exccuted 1994 tax relurn Ihrough the
oflice of Lynn R. Galbraith, paid preparer.
7. Admillcd. However, by way of furthcr answcr, in a Icllcr datcd April 22, 1997,
the Internal Revenue Service disallowed the 'IlT1cndcd rcturn and informed PlaintilTthat shc
could appealthcirdecision. (Scc allachcd as Dcfcndanl's Exhibit "A"). It is Defendants
undcrstanding that no appeal was filcd with the Internal Rcvcnuc Servicc.
8. Dcnied. To thc contrary, the PlaintilT did not cxpend $2.435 and by way of
further answer, the provisions of the PlaintilTand Dcfendant's marital settlemcnt agreement,
outlined in the final sentence of paragraph six speaks for itself. (Plcase find attached the entire
10 page marilal property selllement agrecmclIl marked as Defendant's Exhibit "B") Please note
that this agreemenl was exccuted and notarized on October 3, 1995.
9. Denied, It is spccifically denied that Dcfendant brcachcd any provision of the
marital selllement agreement and therefore strict proof is demandcd at trial.
WHEREFORE, Defendant request that the complaint be dismissed with prejudice and
that judgment be entered in favor of the Defendant and against PlaintilT for an amount to be
determined by the Court as being reasonablc allorncy fccs. and costs to dcfcnd this suit.
AFFIRMATIVE DEFENSES - SUPERSEDING WRITTEN CONTRACT
10. Paragraphs I Ihrough 9 arc hcreby incorporatcd as through statcd in full.
II. On October 3, 1995 PlaintilT and Defcndant joincd into a binding agreement,
entitled marriage selllement agreement. (Sec Defendants attachcd Exhibit "B")
12. Said agreement is and was in fulllorce and effect at thc timc of Plaintiffs allcgcd
brcach of an "oral" contract.
13. Thc allcgcd oral contract. cvcn ifmadc, would bc a modification ofthc marriagc
scttlcmcnt agreemcnt.
14. PlaintiO' has pleaded any fact or circumstance which would show a waivcr of thc
statute of frauds.
15. Plaintiff has not plcadcd or shown any facts showing any waiver on Dcfcndant's
part of paragraph 18 of Ihe marriage settlemcnt agrcement, signifying that thc marriage
settlement agreement is the entire agreement bctwcen the partics.
WHEREFORE, Defendant respectfully requests this Court to lind in his favor and against
the Plaintiff,
NEW MA TIER
16, Paragraphs I through 16 are hercby incorporated as through stated in full,
17, On October 3, 1995 Plaintifi' and Dcfcndant joincd into a binding agreement.
entitlcd marriage settlemcnt agrcement.
18, Said agrccmcnt is and was in full force and effect at the time of Plaintiffs alleged
breach ofan "oral" contract and at the timc of this suit.
19, Plaintiffs claim lacks any mcrit and was filed to harass Defendant,
20. Paragraph 3 prohibits Plaintiff in making any claim for property owned or after
acquired by the Dcfendant.
2 t, Paragraph 3 prohibits Plaintiff from harassing. molesting, annoying, or injuring
Defcndant.
22. PlaintiO's suit is in dircct violation of Ihe marriagc settlemcnt agreemcnt.
23, Pursuant to paragraph 15 ofthc marriage scttlement agreement, PlaintitT is in
breach of that agreement.
24. Pursuanl to paragraph 15 of the marriage settlement agreement Plaintiff is liable
to pay Defendants legal fees and costs,
25, Because of Plaintiffs frivolous claim, Defendant must de/end Ihis suit to protect
his right under the contract.
26. Defendant has incurred and will continue to incur legal fees, expenses and costs.
WHEREFORE, Defendant request this Honorable Court to order Plaintiff 10 pay
Defendant's legal fees, expenses and costs, including but not limited, punilive damages thereof,
RQ9'Y"bmIU'd'(gL
Paul Bradford 0 ,Esquire
78 W Pomfret Street
Carlisle, P A 17013
(717) 258-8558
Supreme Court ID # 71786
I verify that the statements made in the foregoing Aru;wer and New Maller are true and correcl.
I undersland that false statements herein are made subject to the penalties of Pa. C.S. ~ 4904, relating
to unsworn falsification to authorities.
DATE: ~"'- J71/~(r,'lr
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Arthur L, Brehm, /I
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~\<i(\\ Oepa.rtmenl 01 the Tre4'ury
~JJJ Internal R.venue Service
PHILADELPHIA, PA
In reply refer to:
Apr. 22, 1997 LTR
175-48-4638 9412
21164326492
1265C
30 000
01866
19255
GLEND^ BREfIH
373 HIGH MOUNTAIN
SHIPPENSBURG PA
RD
17257- 9663134
Taxpayer Identification Number:
Tax PeriodCs):
175-48-4638
Dec" 31, 19'4
Form:
1040X
Dear Taxpayer:
This letter is your legal notice that we can't allow the earned
income credit you claimed on your tax return.
Your claim was denied because someone else has already claimed these
dependents and received the Earned Income Credit.
If you want to appeal our decision to disallow your claim, you must
give us a brief written statement of the issues you disagree with.
Your statement should be detailed and complete. including specific
dates, names. amounts. locations. etc.
You should include the following:
1. A statement that you want to appeal the disallowance.
2. Your name. address, and a telephone number where we can contact
you during the day"
3. A statement of facts supporting your reasons for disagreeing
with the di~allowance.
You must declare that your statement of facts is true under penalty of
perjury. U~ this by including the following sentence and signing the
statement.
"Under penalties of perjury. I declare that the facts presented in
my written protest are. to the best of my knowledge and belief.
true, correct, and complete."
An attorney, certified pUblic accountant, or person enrolled to
practice before IRS may represent you, To have someone represent
you, attach Form 2848, Power of Attorney and Declaration of
Representative. or a similar written autho~ization, to your written
statement.
If your authorized representative prepares the written statement, he
or she should include a declaration that I) he or she prepared the
Apr. 22, 1997
175-48-4638
LTR
9412
2864326{,92
1265C
30 000
01867
GLENDA 8REHM
373 IIIGH MOUNTAIN
SHIPPENSBURG PA
RD
17257-9663734
statement and accompanYing documents, and 2) whether he or she knows
personally that the protest and accompanying documents are true and
correct.
If you have questions about this letter, please write us at the
address shown above. You may call Abel Trujillo between the
hours of 7100 AM and 3100 PM at 215-516-7510 for assistance.
If the number 15 outside your local calling area, there will be a
long-distance charge to you. If you prefer, you may call the IRS
telephone number listed in your local directory. An employee there
may be able to help you, but this of lice is most familiar with your
case.
Whenever you write, please include your telephone number, the hours
you can be reached, and a copy of this letter. Keep a cOpy for your
records.
Your Telephone Number (
)
Hours
Thank yOU for your cooperation"
Sincerely yours,
{;r/0
JOS P H" CLOO N
DIR TOR, SERV CE CENTER
EnclosureCs)1
Cooy of this letter
2.
The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, wilh due regard to the rights of each party It is the intent
of Ihe parties that such division shall be final and shall forever determine their respeclive rights.
The division of existing marital property is nol intended by the parties to conslitute in any way a
sale or exchange of assets.
3.
Further, the parties agree to continue living separately and apart from the olher at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten or interfere with Ihe other party in any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by Ihe olher.
4.
The consideration for this contract and agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and agreements of each of the parties to the olher.
The adequacy of Ihe consideration for all agreements herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowledges and declares that he or she,
respectively:
(I) is represented by Cllunsel of his or her own choosing;
2
, '
(2) is fully and completely informed of the facts relating 10 the subject mailer of
this Agreement and of the rights and liabililies of the parties;
(3) enters into this Agreement voluntarily aner receiving the advice of counsel;
(4) has given careful and mature thought to Ihe making of this Agrecment;
(5) has carefully read each provision of Ihis Agreement; and
(6) fully and completely understands each provision of this Agreement, both as to
the subject matter and legal effect.
This Agreement shall become effective immediately as of the date of execution.
5.
It is the purpose and intent of this Agreement to settle forever and completely Ihe interest
and obligations of the parties in all property that they own separately, and all prope:1y that would
qualiJy as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and
that is referred to in this Agreement a~ "Marilal Propel1y", as belwecn themselves, their heirs lIIId
assigns. The parties have allempled to divide their Marital Property in a manner thai conforms to
a just and fair standard, with due regard to the rights of each Party. The divisiun of existing
Marital Property is not intended by the parties to conslitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other
property not constituting a part of the marital estate.
It is the further purpose Oflhis Agreement to sellle forever and completely IIny ubligation
under the Pennsylvania Divorce Code relaling to spousal support or alimony.
3
6.
Each pal1y rcprescnls and warrants that hc or she has made a full and fair disclosurc 10 thc
other uf all of his or hcr property intercsts of any nature, including any mortgagc, pledgc, Iicn,
charge, securily interest, encumbrance, or restriction to which any property is subject. Each party
further represents thai he or she has made a full and fair disclosure of all debls and obligations of
any nature for which he or she is currently liable or may become liable. Each further reprcscnts
and warrant~ that he or she has not made any gifts or transfers for inadequate consideration of
Maritall'roperty withoulthe prior consent of the other,
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marriage,
7.
REAL ESTATE: HUSBAND agrees to transfer all right, litle aod intercst which he may
have in the marital residence located at 373 High Mountain Road, Shippensburg, Cumbcrland
Counly, Pennsylvania 17257, WIFE agrees to pay HUSBAND the sum of Tcn Thousand and
noltOO ($10,000.00) Dollars in consideration of his equity in said marital residencc. Said sum will
be paid Five Thousand and nollOO ($5,000.00) Dollars payable immedialc1y upon the signing of
the Marraige Seulemelll Agreement and the balance of Five Thuusand payablc in monthly
installments of$58.06 to Le paid in fulllen (10) years from the date of this Agrcemcnt.
8.
SUPPORT: It is the mutual desire of the parties that HUSllAND will nul be requircd to
pay suppOrlto Ihe WIFE WIFE will not provide any financial suppurl tu Ihc 11USllAND. Thc
4
parties also waive any right they havo to receive alimony payments from the other following the
entry of the Divorce Decree in tl"Js matter.
9,
PERSONAL PROPERTY: The parties agree that the personal property shall be divided
as follows:
a. HUSBAND shall receive all the personal property in his possession and
agrees to remove his personal belongings from the property at 373 High
Mountain Road, Shippensburg, Pennsylvania t7257 on or before
October i. M~ncluding the 1959 Ford Pickup Truck.
b. WIFE shall receive all the personal property in her possession.
The WIFE hereby waives all right and title which she may have in any personal property of
the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property
of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any
claim or right of the other party, all items of personal property of every kind. nature and
description and wherever situated, which are then owned or held by or which may hereafter
belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of
same as fully and effectually, in all respects and for all purposes as if he or she were unmarried.
Each party agrees that neither will incur obligations, liens or liabilities on account of the
other and that from the date of this Agreement, neither party shall contract or incur obligations,
liens or any liability whatsoever on account of the other.
5
10.
j\UTOMOIJILES;
a.} WIFE agrees to waive any and all interest which she may have in the 1992 Ford
Aerostar Van and HUSBAND'S 1959 Ford Pickup Truck to HUSBAND,
b.} HUSBAND agrees to waive any and all inleresl which he may have in the 1983
Mazda to WIFE. They each waive any claim which they have in any automobiles
owned by the other party.
II.
MARITAL DEBTS: Each party will be responsible for their own debts incurred after the
date of separation. WIFE has assumed responsibility for the Mortgage and the Home Equity
Loan with Harris Savings Bank. WIFE agrees to hold harmless HUSBAND from all
responsilli1ily for said loans,
12.
INSURANCE AND EMPLOYEE BENEFITS: The parlies agree that any life
insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including
but not limited to retirement, profit sharing or medical benefits of either party, shall be their own,
WIFE waives all right, title and claim to HUSBAND's employee benefits, and HUSBAND waives
aU right. title, and claim to any of WIFE'S employee benefils.
13.
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND. The HUSBAND agrees 10 waive all intercst which hc has in the bank l!Ccounts of
o
the WIFE.
14.
DIVORCE: The parties both agree to cooperate with each other in obtaining a final
divorce of the marriage. It is agreed that the parties will eltecute and file Ihe conselllS necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the coslS and legal fees of the party who is seeking Ihe divorce.
15.
BREACH: If either party breaches any provisions of this Agreement, the other party shall
have the right, at his or her election, to sue for damages for such breach or seek such olher
remedies or relief as may be available to him or her, and the party breaching this contract should
be responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under tills Agreement.
16.
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, eltecute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
17.
VOLUNTARY EXECUTION: The provisions of this Agrecment and their legal effecl
have becn fully explained to the parties by their rcspective counsel, and each party acknowledges
thallhe Agl ecmenl is fair and equitable, and thaI it is being el1lercd il1lu voluntarily, alld that it is
7
not the result of any duress or undue influence. The pro~isions of ;his Agreement are fully
underslood by both parties and each party acknowledges that Ihe Agreement is fair and equilable,
Ihat il is being entered into voluntarily, and thai it is not the result of any duress or undue
influence.
IS.
ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
palties and there are no represenlalions, warranties, covenanls or undertakings other Ihan those
expressly set forth herein.
19.
APPLICABLE LAW: This Agreement shall be construed under the Laws of the
COllunonwealth of PeMsylvania.
20.
PRIOR AGREEMENTS: It is understood and agreed that any and ail property
settlement agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
21.
PAYMENT OF COSTS: The parties agree to pay for Iheir own costs required to
obtain and complele the divorce.
8
22,
WAIVER OF CLAIMS AGAINST ~:STAn:S: Except as herein olherwise provided,
each party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all righls he or she may now have or hereafter acquire, under the present or
fUlure laws of any jurisdiclion, 10 share in the property or the eslate of the other as a result of the
marilal relationship, including without Iimilation, dower, curtesy, statutory allowance, widow's
allowance, right to take in inteslacy, right to take against the Will of the other, and right to act as
administralor or executor of the olher's estate, and each will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be necessary or advisable 10 carry
into effect this mutual waiver and relinquishment of all such inlerests, rights and claims.
IN WITNESS WHEREOF, Ihe parties hereunto have set their hands and seals the day
and year first above written.
WITNESSES:
y/J;rL1AJt' y~j//h~"-'/_
At. L a ~
GLENDA 10 BREHM
(SEAL)
r--)-r', d/" .;//1/ dp-
/tZif-........ ,:j )'..-uL.$-(SEAL)
ARTHUR L. BREHM, U
9
COMMONWEALTH OF PENNSYLVANIA
: 55:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this301 day of~'
1995, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland,
GLENDA JO BREHM, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunlo set my hand and official seal,
Notan.JISeaI
BoIzIA. -.. NoIaly P\.tIic
CansIe BolO. (:uTtlortand CW1lY
My (;<x11rriesion EtpIe8 Dee- '5. 1996
afiQA6GiVI.."IfiIY'l of ~
~
A K())i~OY\....
, '-
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this 1/1'1 day of (jJ~I/A.,t:
1995, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland,
ARTHUR L. BREHM, U, known to me (or salisfactorily proven) to be the person whose name
is subscribed to the within Marriage Settlement Agreement , and acknowledges that he executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, 1 have hereunto sd my hand and official seal.
/;,
NOTARIAL WL
SHIRLEY p, CLEVtHGf~. HOT AllY PIlBl.IC
CAlIUSU IOP.O, ~U"'BmAHO COONTY
MY COI.tMISSIOIl O~~ES ....~CH 5. 1_
10
GLENDA j, BREHM,
PLAINTIFF
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
97.6509
ARTHUR L. BREHM. II,
DEFENDANT
CIVIL ACTION. LAW
CERTIFICATE OF SERVICE
I hereby certify that on this date, January 2.~, 1998, I mailed a copy of Defendant Arthur I.
Brehm, II's Answer to Plaintiffs Complaint to the following persons at the following addresses by U.S.
Mail, postage prepaid:
Marcus A. McKnight, Esq.
Counsel for Plaintiff
60 West Pomfrel Street
Carlisle, PA t7013
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Paul Bradford Orr, Esquire
Counsel for Defendant Arthur L. Brehm, II
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would file a return for 1994 wid: both children as her dependents for the 1994 tax year. In
violation of this agreement, defendant took both of the children as dependents on hia 1994 tax
return and claimed the earned income credit for 1994.
13.
The averments offact contained in paragraph thirteen (13) of the "Affirmative Defenses"
are denied. On the contrary, the plaintiff did not know that the defendant had violated his
previous promise made in January of 1995.
14.
The averments of fact contained in paragraph fourteen (14) of the "Affirmative Defenses"
are denied. On the contrary, the agreement was made months before the agreement was signed
and the plaintiff had no knowledge that the defendant had violated the agreement.
IS.
The averments offact contained in paragraph fifteen (IS) of the "Affirmative Defenses'
are denied. On the contrary, the plaintiff had no knowledge that the defendant had violated this
agreement. Plaintiff could not waive a violation unless she was aware of the violation.
WHEREFORE, the plaintiff requests that judgment be entered against the defendant in the
amount ofTwo Thousand Four Hundred Thirty Five (52,435.00) Dollars with interest from April
IS, 1995 plus reasonable legal fees and the costs of this action.
2
ANSWER TO NEW MATTER
AND NOW, this 2nd day of March 1995, comes the plsintiff, Glenda J. Brehm, and
makes the following Answer to New Matter.
16.
The averments of fact contained in paragraph one ( I) through nine (9) of the Complaint
and paragraph ten (10) through fifteen (15) of the Answers to the · Affirmative Defenses" are
hereby incorporated by reference in response to paragraph sixteen (16) of the New Matter.
17.
The averments offact contained in paragraph seventeen of the New Matter are admitted.
IS.
The averments of fact contained in paragraph eighteen (18) of the New Matter are
specifically denied. On the contrary, the breach of the oral contract occurred prior to the signing
of the Marriage Settlement Agreement but the defendant did not disclose his tax return nor that he
had taken exemptions or file for the income tax credit for the tax year 1994.
19.
The averments of fact contained in paragraph nineteen (19) of the New Matter are
specifically denied. When the plaintiff discovered the actions of the defendant, she atternpted to
resolve the matter without litigation. The defendant has failed to acknowledge his responsibility
to make the plaintiff whole for the loss she sustained in the 1994 tax year.
3
20.
The averments offact contained in paragraph twenty (20) of the New Matter are admitted.
21.
The averments of fact contained in paragraph twenty one (21) of the New Matter are
admitted.
22.
The averments of fact contained in paragraph twenty two (22) of the New Matter are
specifically denied. On the contrary, in January of 1995 the defendant made representations
regarding the manner he would file his 1994 income tax return. The defendant did not disclose his
return or the fact that he claimed the children as exemptions and took the earned income credit.
23.
The averments of fact contained in paragraph twenty three (23) of the New Matter are
specifically denied. On the contrary, the plaintiff cannot be in violation of the agreement if she
seeks to obtain restitution for actions of the defendant which he had failed to disclose at the time
of the signing of the Marriage Settlement Agreement.
24.
The averments of fact contained in paragraph twenty four (24) of the New Matter are
specifically denied. On the contrary, the plaintiff has not breached the agreement with regard to
an item which was never disclosW by the defendant. Furthermore, the defendant has not filed any
claim for legal fees and costs against the plaintiff.
4
25.
The averments of fact contained in paragraph twenty five (25) of the New Matter are
specifically denied. On the contrary, the plaintift's claim is not frivolous p.lId would not be
necessary if the defendant had flied his 1994 income tax return as he promised to do in January of
1995. His failure to disclose his actions has resulted in this litigation.
26.
The averments of fact contained in paragraph twenty six (26) of the New Matter are
specifically denied. If the defendant acknowledged his actions and paid the necessary restitution
to plaintiff, no further costs or legal fees would be necessary. The defendant never made a claim
regarding this matter against the plaintiff.
WHEREFORE, the plaintiff requests that judgment be executed against the defendant in
the amount ofTwo Thousand Four Hundred Thirty Five and nolloo ($2,435.00) Dollars with
interest from April 15, 1995 plus reasonable legal fees and the costs of this action.
Respectfully submitted,
Date: March 2, 1998
5
VERIFICATION
The foregoing Plaintift's Answer to Affirmative Defenses and New Matter is based upon
information which has been gathered by my counsel and me in the preparation of this action. I
have read the statemenU made in this document, and it is true and correct to the best of my
knowledge, information and belief I understand that false statements herein made are subject to
the penalties of IS Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
,.&!~ O~, J,-...J
GLENDA J. BREHM
Date: ~-:J-'J8"
./,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
()?- ACC.7?
CIVIL C6MPLAINT
CU Na/fl' ItUI'I
PLAINTIFF. NA'-4f.lnaACQPfS5
r GLENDA J. BREHH
373 High Mountain Road
Shippensburg. PA 17257
L
.J
1M.. eo. ,".0
09-3-02
..,
HELEN B. SHULENBERGER
~. P.O. BOX 155
27 W. BIG SPRING AVENUE
NEWVILLE, PA
r_. (717)776-3187 17241
VS.
DEFENDANT, "".... .",AWE"
r
AIlTHUlt L. BREHH
39 Big Spring Ter.ace
Newville, PA 17241
L
Docket No.: C".OCX:OI~S...q
Date Filed: to/D" /91
..,
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AMOUNT
FlUNG COSTS s-5J.J~
!'.ERVING COSTS S .!. .
TOTAL S I" ~.()O
DATE PAID
/ /
/ /
10/dl/97
TO THE DEFENDANT: The above named plalntill(s) asks judgment against you for $ 2,435.00 together with
COlts upon the following claim (Civil fines must include citaUon of the statute or ordinance
violated): The defendant filed an inappropriate federal to: return which
coat the plaintiff the aua of $2,435.00 in tax savings. Plaintiff
aeeka payaant of eaid sua plus interest froa April 15, 1994 with
reasonable legal feea.
J)
,\:\,
I. Glenda J. Ireba verify that the facts .et forth In thl. complaint are true and
correct to the be.t of my knowledge, Information, and belief. Thl. .tatement Is made .ubject to the penalties of
Section 4904 of the Crimes Code (18 PA. S.C.A. f 4904) related to un.worn faI.lfIcation to authorltie..
4.L~~
I ignaturl of P nt or ut gent)
Plaintiff.
AlIomey'
Marcus A. Mclnight, III
Add,e..: 60 West POIIlfret Street
Telephone: 717-249-2353
Carlisle, PA 17013
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE
TELEPHONE NUMBER. YOU MUS"! APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO,
JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT.
11 you have a claim against the plainUff which is within district jusUce jurisdicUon and which you Intend
to assert at the hearing, you must file it on e complaint form at this office at least five (5) days before
the dale set for the hearing. If you have s claim against the plainUff which is not within district justice
jurisdiction, you may request informaUon ITom this ollico as to the procedures you may fellow. If you
.... dle.bled .nd require .1I1.t.nre, plea.e contact the Magletertal Dletrtct office .t the .dd.....
.bove.
AOPC 308A-W
~... . .
C__'" 01 _nVANlA
COllI' 01 C_ 'LIAS
Cuaberland County
IUDtCIAf. DlIl.tel
NOTlCI 0' A"IAL
fllOM
DISTRICT JUSTlCI JUDGMENT
.__--'-'LI~~- Q1-lL150Q (',~(:.9Ter/'f\
NOTICE 0' APPEAL
Nolic:e it iii- """ Iho appe/lon' has fiJ.d in Iho above C<><.<' .f Cornman PIoo. on appeal from Iho iudwnon' nmdored by the Di,'rict Jusliu on Iho
..... and In Iho taM .......lolled be'-
r
'!'
:;.;~ Breha
373 Hi Mountain llDad
on
I ~:'~-~; - ~Q'
STA.n:
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Shippensburg
PA
17251
(~J
11-63-91
Glenda J. Breha
..
Arthur L. Breha
CV 1991 ??oo165
LT 19
This IlIodc wiI be s9>od ONLY wl10n tI1i. ""lotion i. requi..d under Pa. R.cP JP.
1008&
This Nolic:e of Appeal. wl10n _oiwd by the Di,'ric' htice. will operate as 0
SUl'Ell5alEAS 10 Iho judgment "" poueslion in tI1i. c.....
SiglaIue 01 PtothonoIaty (Jf Deputy
If appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
tOOt (6) in actiul befote District Justice, he MUST
FILE A COMPt.AINT within twenty (20) days aftet
tiling his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO 'ILE COMPLAINT AND RULE TO FILE
(T/IiIl section of Ionn to be used ONLY when appeHant was DEFENDANT (see Pa. R.C.P.J.P. No. 100' (7) in action before District Justice.
IF NOT USED, detach from c",y of noIice of appeal to be served l.fJOIl appellee).
PRAECIPE. To Plothonolary
Enler nJle upon
, ""poR..(.), 10 file 0 compIoin.1n 1Ns-'"
""""",-,/
(Conman PIeos No.
) within '-"Y (201 day. af1er ...vice of nJle IX .uffwr entry of Juc9->t of non ""'"
Sov1OIln "'_ or'" ......." or__
RULI. To
""""",_.)
. app .n..(.~
(1) You en notified tho, 0 nJle it "-by enhnd upon you to file 0 con"flloinl in this oppeaI within I_y (20) day. af1er Iho dale of
...a of tI1i. nJle upon you by penonoI service CJt by ceflified IX regilhnd moil.
(2) N you do nol file 0 compIoin' within this time, 0 JUDGMENT Of NON PROS WIlL BE ENTERED AGAI-lST YOU
(3) The dote of service of INs rule if ...vIce "'" by moil it Iho ..... of moiling.
Den:
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(ThiS proof 0( SflfVIC(I MUS rOE FILED WI THiN rEN {IV! DA YS Af rEf{ fllllll] thO nonca of dPpeal Chucl'! dppl1cabfe bOIl8S)
CO....ONWEALTH OF PENNSYLVANIA
COUNTY OP _______.._._..._________ ; II
AFFIDA VIT: I hereby swear or aff"," tha' I .oIVed
o . copy of lhe Nlll..::tJ of ,\ppeal\ Curnmon Pleas No .___.~ upon the District Jushes deltgnaled Iht.!fl:Wl on
/diJ(6 01 5.,(IIICII) ,19_1 0 by personal serVice 0 by (certifIed) (fffQl,t.,ed) mall, senders
recftfpl attached hereto. and upon the appoll"a. (ndme).. __,__.___.__._.~.-. on
____,19__0 by pelsOfl,ll ser<,Jlce 0 by (CertIfIed) (regl!clert!(1) mUll, senders Itlct!lpl attdched hereto
[J ;jnd Itjrl~1tH lhJ.t 1 se''Iad Ihe Rulu 10 F de d Cumplalnt a(COmpllnying Ihe aboy~ ~oll(.e of AppqJJ upon the iPpttUee~.) to wh(Jrn
lhe Rule was dddresscd on m_~__._~~_.~_~________. 19___.0 by' pet!ionalSOr'iICeO by (certIfIed) (regIstered)
mati. sender's receipt attached hereto
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS
DAV OF ___..'-__.__ . 19_
SfgnltlJr. 01 .",,1lI
S,gn.Il,," 01 oll,{.'I;)i tJ.rorll ""flom 4f!'I1.h''' ",;)j ITJd<1.
Tiff. 01011".1'1
My commISSIon expu$S on
19_.
"~'I'
,.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
NOTICE OF JUDGMENTfTRANSCRIPT
CIVIL CASE
PlAINnFF ~""..acRaI
IilREHM, GLENDA J --,
373 HIGH MOUNTAIN ROAD
SHIPPENSBURG, PA 17257
L ~
...~~ No
09-3-02
"'--
HELEN B. SHULENBERGER
~ P.O. BOX 155
27 W. BIG SPRING AVENUE
NEWVILLE, PA
r_ (717,776-3187 17241
ATTORNEY FOR PLAINTIFF
ATTY. MARCUS A. MCKNIGHT III
60 W. POMFRET ST.
CARLISLE, PA 17013
VS.
DEFENDANT _.... ""","M
I!REHM, ARTHUR L
39 BIG SPRING TERR
NEWVILLE, PA 17241
L
Docket No.: CV-OOOO
Dale Filed: 10/09/97
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
[!] Judgmenlll;u enlered for: (Name) IlAV-HM. r.t.F.~mA .1
[i] Judgment wu enlered agalnll: (Name) BREHM t ARTl!IJR L
in lIle amounl 01 S
o o.magel will be useased on:
(Dale uf Judgonent)
11/0~
.00 on:
(Dale & Tim.)
!A;;,ounl 01 Judgment
IJ~dgmenl eoala
Enterest on Judgmenl
Attorney Fees
TOTAL
o Thll cue dllmiaslld withoul prejudice.
S
S
S
S
.0
.0
.0
.0
.0
$
o 18I/Y is stayed for _ daya or 0 generally ltaye<!.
o Objection 10 1eI/Y hu been filed and hearing will be held:
Dale:
Place:
TIme:
,,\1' ...
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE t::N7RV OF JUDdMENT BY FlUNG A NOTICE
01' APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON p~,.clVi':"D~~SION:'"YOV
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FOAM wllfj yOUR NOT:CE O~ APPEAL
. . <
Date "'"'- ,; . r Distflct JSlstice. :
~-- .-..,_.~_.....' ..-...... ..,...,.....~.... . .':
. I O8f1lfy,thallhis is.!l true and'COfT~1 copy ollhe r8COfd ollhe pr~lngs conlalning ~~~l'~ ;'l'~.;," . ,....
." . - ,,- , "'"01' ',~!!
.,... ...,,_ ;x...."., vaW 'r...,.", .,. '':.... " - . t . .~lct~Uld~
"
My Oommilllon ellplrea ftrat Monday' 01 January, 2000
AOI'C 81s-ll7
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SEAL
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DtsTlICT JUITICI JUDOMINT
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NOTlCIO' A"IAL
...... "....... """'llI'Il n ..... filod in ""'.... '-I of C........ PIooao on """"'" "- "'" judgmonI ,oo,.j",.d bv "'" Diotricl MIlot on !he
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",",''i'anf _ CLAIMANT (see AI. fW.PJ.P. No.
1001 (6 J In action befrxe CIisttICi ,bflce. he WST
FILE A COMPLAIffT within IwenIy (20) _ ",.,
filing /lIS NOTICE 01 APPEAl-
. .'" ..~;.... '. .r ~ I.. ~LI, TO fiLl COMPLAINT AND I.UU TO 'ILI... .'. . . '
...iN . ...... III /IIII/J<<t OM.V wtIIn ~ _ DEFENDANT (- PB. RCP.J.P. No. 1001(7 J In action bIItalI ~.MtJce,
<' NOr lJBED, ',fIgn ~ noIJce d ~ to be SIIIVlId LfXItt sppeJ1eeJ. - ~"':..'" ;-:., .-\\-f .~. \,\'0'-
1IaAICft. ,,~~ -'./
.... +... ...:...- . app IJI(I). to /Ie a.~...uA In ... appeal
_ 01"'-')
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) wiltIn ~ (20) dayI afIor ..vice of ..... or auffw entry of ludlP'*" of - .....
/I9lIUW 01 ""*" '" Ilia _ 01 -"
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(1)...... noIlfW that a.........., onIor..I ur:- you to fiIo a ............ In tl-A appeal, ~ f~..~:.~~~~.r~;~\\
..... of ... ... you bv pononaI MrVlce or bv ..mfiod 01 Ngiltorod mail ,. -l Wi" -,. 'm."":'''''''''~'' . ...
',~ _"~,'-:,::'-"-:-,~~~:~-"-J~;7.l(.:;;~. "0'0f.f
(2). you do not fit (I _'4'1... within ... tlnw. (I JIJt)(lMEN1' Of NON PROS WU IE ENTREo AGAINST ~
1311he ..... of ..... of ... ..... If ..vice _ bv mal is "'" dote of ~
0.
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9 t- 10.5'09
P ..92 345 &67
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Receipt for Certified Mall
No Insurance Coverage Pruvtdad.
00 not use forlnl.rnatlonlJ Ma4 5.. revers,
10 DIST JUST
BELEN . SUULl!NBEIlGEIl
retll_ POBOX 5
Post Office. 51:"1. " liP Code
IIIlWVILLE PA 17241
p"logO X S . "Y~
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SpeQaI Delivery Fee
Restnded DeIi....ry FH
I Rel1.m Recap! ~ 10
- ~"Dalf Oellve.-d X
~ RAm Re:~ ShIwrq kl Wuft
~ 0..' Aibewtl Ao3ns5
I TOTAL PuSlIl)t &. Fees
Potlmarll. Of 00111
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KlKE
11-25-97
GLEIlDA BREIIK APPEAL
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.The Retwn RIcIlpIwII Ihow 10 -.om.. 1ftkM... ~ and the dill
.-
I MIele AddrIeNd to:
DIST JUST IIELEH B SHl1Ll!IlIIERGEIl
27 W BIG SPRING AVE
POBOX 155
HEWVILLB PA 17241
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foIowIng ......... (Iar 1/1
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<lb. :aMce Type I
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o up"" Moll 0 1naut8d f
o _ ~1orMen:Nrd. 0 COD
7. Oate of DelIvery .
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and lee II pMt)
f.': I
PlForm 11.
11184
etum
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US POllaI SaMe.
Receipt for Certified Mall
No InourlllC' Covertgt PrlMdtd.
Do nol U58 for Inlemallonal Mall S.6IBVIUU
10
MIl ARTHUR L BREIIK
............,
39 BIG SPRING TERRACE
t I., ZIP Coo.
NEWVILLE PA 17241
Pootogo IS, ~ ::
Co"""" rot
I
,,35
!pedal DeIMfy rot
Ratndtd aelivery Fee
I Relum Roc.", 61'''''''gIjl.
.... Whom I Dlle Otilv.,..d X
'l:llotlm_9"""l"""'"
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8' TOTAL POltlQe & Feu
~ POltml.fIl 01 Dale
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HIIE
11-25-97
GLENDA BREIIK APPEAL
MR ARTHUR L BREHM
39 BIG SPRING TERRACE
NEWVILLE PA 17241
I
..
Domestic Return Receipt