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Home My WebLink About05-5914THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(a--)comcast.net MICHAEL A. BREHM Plaintiff, vs. LISA MAY BREHM Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O ?; - S'glf C11 L CIVIL ACTION - LAW IN DIVORCE N O T I C E 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 action within twenty (20) days after this Complaint 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 notice for any 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 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 MICHAEL A. BREHM, Plaintiff vs. LISA MAY BREHM Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O-)"- 59 // LcuR -7;,--, CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkoaea-comcast.net MICHAEL A. BREHM Plaintiff, vs. LISA MAY BREHM Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. a s - S41Y CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND CUSTODY AND NOW comes the above-named Plaintiff, MICHAEL A. BREHM, by and through his attorney, SHANE B. KOPE, ESQ., and makes the following Complaint in Divorce: 1. The Plaintiff is MICHAEL A. BREHM, an adult individual who currently resides at 1069 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant is LISA MAY BREHM an adult individual who currently resides at 1069 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 16, 2001 in Cumberland County, Pennsylvania, 5. The Parties separated on September 28, 2005. 6. Neither the Plaintiff nor Defendant is in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT II 11. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 12. The parties are the parents of the following unemancipated child who resides with both Plaintiff and Defendant at the current time: NAME AGE SEX D.O.B. Nicole Alicia Brehm 7 Female April 25, 1998 13. For the preceding five years the child has resided with the following persons and at the following addresses: PERSONS ADDRESS DATES Michael Brehm 1069 Nanroc Drive 2002 - present Lisa May Brehm Mechanicsburg, PA Michael Brehm 611 Geneva Drive, Apt B 2000-2002 Lisa May Brehm Mechanicsburg, PA Michael Brehm 321 West Main Street Birth - 2002 Lisa May Brehm Mechanicsburg, PA 14. Plaintiff has not participated in any other litigation concerning the custody of the child in this or any other state. 15. Plaintiff knows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 16. Plaintiff is requesting shared 50/50 legal and physical custody of the child as long as the Defendant resides in the Mechanicsburg school system. 17. Plaintiff is requesting full legal and physical custody with visitation for the Defendant upon agreement of the parties if the Defendant decides to move outside of the Mechanicsburg school system. 18. The best interests and permanent welfare of the child will be served by granting the requested relief. WHEREFORE, Plaintiff respectfully requests that pursuant to Sections 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order awarding Plaintiff shared legal custody of the child. Respectfully Submitted, THE LAW F SHANE B. KOPE 1 Dated: November 9, 2005 sq. ' 1 2705 1407 F8` 71779591'0 CENTEPr'OLN? ENC ?'0b2j Or: :? •P]/0S/?005 01c?9 717'61767'1 KGPE LAW PAaE 02 YKaL CATION 1, MIMsel A. Brehm, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge, I understand that any false statements heraln are made subject to the penaRles of 19 Pa. C.5. 4904 relating to unsworn falsifications to authorities. Dated, y1Tu,,/ Michael A. Brahm f (Ai o v 1 v ?l rY YI , f I ? 1 - L) j ? ) - 1 r: THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeAcomcast.net MICHAEL A. BREHM Plaintiff, vs. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND000NTY,PA NO. dS - Sql I C LISA MAY BREHM CIVIL ACTION - LAW Defendant. IN CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is Michael A. Brehm residing at 1069 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Lisa May Brehm residing at 1069 Nanroc Drive, Mecanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks 50-50 shared physical and legal custody of the following child: NAME PRESENT RESIDENCE AGE Nicole Alicia Brehm 1069 Nanroc Drive 7 years Mechanicsburg, D.O.B. 4/25/98 Pennsylvania 4. Nicole Alicia Brehm (hereinafter "child") was born in wedlock. 5. The child is presently residing with the Plaintiff and Defendant. 6. During the past five years, the child has resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Michael A. Brehm 1069 Nanroc Drive, 2002-Present Lisa May Brehm Mechanicsburg, PA Michael A. Brehm 611 Geneva Drive, Apt B, 2000-2002 Lisa May Brehm Mechanicsburg, PA Michael A. Brehm 321 West Main Street Birth - 2002 Lisa May Brehm Mechanicsburg, PA 7. The mother of the child is Lisa May Brehm, currently residing at 1069 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania. She is married. 8. The father of the child is Michael A. Brehm currently residing at 1069 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania. He is married. 9. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Lisa May Brehm Current Wife Filing Divorce 10. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP Michael A. Brehm Current Husband Filing Divorce 11. Plaintiff has not participated as a party in previous litigation concerning the custody of the child 12. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. Plaintiff is requesting shared 50/50 legal and physical custody of the child as long as the Defendant resides in the Mechanicsburg school system. 14. Plaintiff is requesting full legal and physical custody with visitation for the Defendant upon agreement of the parties if the Defendant decides to move outside of the Mechanicsburg school system. 15. The best interest and permanent welfare of the child will be served by the granting relief requested because: (a) The minor child's emotional and physical well-being will be continued if she has maintains a loving relationship with both parents. (b) Plaintiff would like to maintain the child in her current school system to afford stability to the child's environment. 16. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award Plaintiff 50-50 shared physical and legal custody of the child. Respectfully Submitted, THE L NE B. KOPE By: an . Kope, Esq. Dated: November 9, 2005 09/11 2005 14 07 FAX 7177959110 CENTERFOINT ENO 2 002/OC2 11/08/2005 01!39 717761772 KOPE LAW PAGE 08 VEI%IFICATION I, Michael A. Brehm, the Plslntiff in this matter, have road the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge, I understand that any false statements heraln are made subject to the penalties of 19 Pa, C.S. 4904 relating to unsworn falsifications to authorities. Dated; /+-- Michael A. Brehm THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeAcomcast.net Attorney for Plaintiff MICHAEL A. BREHM :IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA V& : NO. 05-5914 LISA MAY BREHM, CIVIL ACTION - LAW Defendant. IN DIVORCE CERTIFICATE OF SERVICE I, Shane B. Kope, do hereby certify that on this 16th day of November, 2005, 1 served a true and correct copy of the foregoing Complaint in Divorce and Custody and Custody Complaint via certified and regular U.S. First Class mail, postage prepaid, addressed as follows: Lisa May Brehm 1069 Nanroc Drive Mechanicsburg, PA 17055 `- - OFFICES OF SHANE B. KOPE Shan , Esq. I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (Attorney for Petitioner) ._> ' ?:.? ?-; L ?., ; ... , i : :? - ? `, . MICHAEL A. BREHM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-5914 CIVIL ACTION LAW LISA MAY BREHM IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, November 23, 2005 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at MDJ Manlove's,1901 State St., Cam Hill, PA 17011 on Thursday, December 22, 2005 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Greevy, Esq. TT- Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations 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 schedulec conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTI I BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ? ??.,?,,, ??j so?s" ?'r ?>??' ?? G?, was- ?r So ?? ?t -?'??? MICHAEL A. BREHM, Plaintiff V. LISA MAY BREHM, Defendant DEC 2 8 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5914 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 22nd day of December, 2005, inasmuch as the parties continue to reside in the marital residence, the Court is without jurisdiction to enter any Orders in this matter at this time. Accordingly, the Conciliator relinquishes jurisdiction of this matter. The Complaint shall remain pending in the event that a date of separation and new residence for one of the parties is determined in the near future or in the event that the Court would grant Exclusive Possession of the martial residence to one party. FOR THE COU Melissa Peel Greevy, Esquire Custody Conciliator Dist: Shane B. Kope, Esquire, 4660 Trindle Road, Suite 201, Camp Hill, PA 17011 D j -O? Lisa May Brehm, 1069 Nanroc Drive, Mechanicsburg, PA 17055 ?d'-u? 4 DEC 2 8 2005 ,f `(/ MICHAEL A. BREHM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-5914 CIVIL TERM V. CIVIL ACTION - LAW LISA MAY BREHM, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Nicole Alicia Brehm April 25, 1998 Mother and Father 2. Father filed a Custody Complaint on November 15, 2005. A Custody Conciliation Conference was scheduled for December 22, 2005. Appearing for the conference were the Father, Michael A. Brehm. As per the Plaintiffs instructions, Mr. Kope did not appear. The Mother did not appear. 3. Father's counsel reports that he had filed a Return of Service for the Order scheduling the Custody Conciliation Conference. However, Father reports that Mother is now residing in the marital residence. He expressed concern that she would not leave. The Conciliator explained to him and to his counsel, who was contacted by phone, that the Court had no jurisdiction over custody matters if the parties were residing in the same residence. Accordingly, the Conciliator will relinquish jurisdiction of the Complaint and Father is directed to consult with his legal counsel regarding how he may proceed. /a I?OS Date Melissa Peel Greevy, Esquire Custody Conciliator :265609 C J `-=i ?} ? -? _ -:2 f11? )V -;i ..%CJ ? :`'-? 1'a ?=i . -') O `:7 THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(&comcast.net MICHAEL A. BREHM Plaintiff, vs. LISA MAY BREHM, Defendant. Attorney for Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5914 CIVIL ACTION - LAW IN DIVORCE PETITION FOR A NEW PRE-HEARING CUSTODY CONFERENCE AND NOW, comes Plaintiff Michael Brehm by and through his attorney, Shane B. Kope, Esquire and files the foregoing Petition for a New Pre-Hearing Custody Conference. 1. Plaintiff, Michael Brehm, filed a Divorce and Custody Complaint on November 18, 2005. 2. A Pre-Hearing Custody Conference was held on December 22, 2005 in front of Melissa P. Greevey, Esq. At this hearing it was found that the parties were still living in the marital home with the child. For this reason there was no need for the original Conciliation Conference. 3. An Order of Court was issued on December 22nd by Melissa P. Greevy relinquishing the Court's jurisdiction of the Complaint which was to remain pending until a new residence of one of the parties is established. 4. Since the time of that Conference the Defendant has moved out of the marital home and is now residing at 635 Ragers Hill Road, Soutlhfork, PA 15956. 4. Therefore, Plaintiff respectfully requests that a new Pre-Hearing Custody Conference be scheduled. WHEREFORE, Plaintiff, Michael Brehm respectfully requests that this Court enter an Order to schedule a new Pre-Hearing Custody Conference. Respectfully Submitted, THE LAW OFFICES OF SHANE B. KOPE B Y ope, Esquire Date: January 4, 2005 c,? C Ck- THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeCa_)comcast.net MICHAEL A. BREHM Plaintiff, vs. LISA MAY BREHM Defendant. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PA NO. 05-5914 CIVIL ACTION - LAW IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF - CUSTODY 1. The Plaintiff is Michael A. Brehm residing at 29 Feeder Avenue, Lewistown, Mifflin County, Pennsylvania. 2. The Defendant is Lisa May Brehm residing at 663 Ragers Hill Road, South Fork, Cambria County, Pennsylvania. 3. Plaintiff seeks 50/50 shared legal and physical custody of the child, Nicole Alicia Brehm, D.O.B. 4/25/1998 (7 years) who is currently residing with the Defendant at 663 Ragers Hill Road, South Fork, Pennsylvania. 4. Plaintiff and Defendant separated on September 28, 2005 and Plaintiff filed a Custody Complaint with this court on November 15, 2005. See Custody Complaint attached as Exhibit "A". 5. The Plaintiff and child were residing at 1069 Nanroc Drive, Mechanicsburg, Pennsylvania at the time of the filing. 6. Defendant left the marital home in December 2005 and took the child to live with her at the current South Fork, Pennsylvania address. 7. Since the child was removed from the marital home the Defendant has not allowed the Plaintiff to visit or communicate with the child in any way. 8. The child has been taken out of the only school she has known and has been enrolled in a new school. 9. The Defendant, in not allowing the Plaintiff to visit or communicate with the child after he has had a continual and loving relationship with the child in conjunction with moving her suddenly and enrolling her in a new school, may cause serious harm to the child's emotional and physical well-being. 10. The Defendant was issued a Protection from Abuse Order in Cambria County on January 4, 2006. That Protection from Abuse Order was filed under false pretenses and does not include the child. The Plaintiff was ordered to stay away from the Defendant but not the child. See attached Protection from Abuse Order labeled Exhibit "B". 11. The best interest and permanent welfare of the child will be served by the granting relief requested because: (a) the minor child's emotional and physical well-being will be continued if she maintains a loving relationship with both parents. 12. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award Plaintiff 50-50 shared physical and legal custody of the child. Respectfully Submitted, THE LAW OFFICE OF SHANE B. KOPE By. Z S e, Esq. Dated: January 12, 2006 THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 s bkope(&-comcast. net Attorney for Plaintiff MICHAEL A. BREHM : IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND000NTY, PAn LISA MAY BREHM CIVIL ACTION - LAW Defendant. IN CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is Michael A. Brehm residing at 1069 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Lisa May Brehm residing at 1069 Nanroc Drive, Mecanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks 50-50 shared physical and legal custody of the following child: NAME PRESENT RESIDENCE AGE Nicole Alicia Brehm 1069 Nanroc Drive 7 years l7 ? T Mechanicsburg, D.O.B. 4/25/98;- Pennsylvania 4. Nicole Alicia Brehm (hereinafter "child") was born in wedlock. CJ i n 7 „S .. 5. The child is presently residing with the Plaintiff and Defendant. 6. During the past five years, the child has resided with the following persons and at the following addresses: a EXHIBIT a A Ii? ? PERSONS ADDRESSES DATES Michael A. Brehm 1069 Nanroc Drive, 2002-Present Lisa May Brehm Mechanicsburg, PA Michael A. Brehm 611 Geneva Drive, Apt B, 2000-2002 Lisa May Brehm Mechanicsburg, PA Michael A. Brehm 321 West Main Street Birth - 2002 Lisa May Brehm Mechanicsburg, PA 7. The mother of the child is Lisa May Brehm, currently residing at 1069 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania. She is married. 8. The father of the child is Michael A. Brehm currently residing at 1069 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania. He is married. 9. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Lisa May Brehm Current Wife Filing Divorce 10. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP Michael A. Brehm Current Husband Filing Divorce 11. Plaintiff has not participated as a party in previous litigation concerning the custody of the child 12. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. Plaintiff is requesting shared 50/50 legal and physical custody of the child as long as the Defendant resides in the Mechanicsburg school system. 14. Plaintiff is requesting full legal and physical custody with visitation for the Defendant upon agreement of the parties if the Defendant decides to move outside of the Mechanicsburg school system. 15. The best interest and permanent welfare of the child will be served by the granting relief requested because: (a) The minor child's emotional and physical well-being will be continued if she has maintains a loving relationship with both parents. (b) Plaintiff would like to maintain the child in her current school system to afford stability to the child's environment. 16, Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award Plaintiff 50-50 shared physical and legal custody of the child. Respectfully Submitted, THE L E B. KOPE By: rKo7pe, Esq. Dated: November 9. 2005 THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkooeftomcast.net MICHAEL A. BREHM Plaintiff, vs. LISA MAY BREHM Defendant. AND NOW, this Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT day of 2005, in consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at Pennsylvania, on the day of at o'clock m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the child's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator 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. CUMBELAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 09/11 2005 14 :07 FAH 7171,959110 CENTERPOINT ENO Z002/002 11/00/2005 01:39 7177517572 KOPE LAW PAGE 08 VERIFICATION f, Michael A. Brehm, the Plelntiff In this matter, have reed the foregoing Complain!. I verify that my averments in this Complaint are true and 'correct and based upon my personal knowledge, I understand that any false statements heroin or* made subject to the penalties of 18 Pa. C.S. 4904 relating to unswarn falsifications to authorities. Dotted, / O Michael A. Brehm COPY LISA M. BREHM, IN THE COURT OF COMMON PLEAS OF Plaintiff CAMBRIA COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2006 - f v ` MICHAEL A. BREHM, Defendant IN ABUSE - t ORDER OF PROTECTION AND FOR HEARING ? 3 AND NOW, this ? day of V f?t1/ 2006, having read thforggpg Igition, vs and having had due deliberation thereon, it is Ordered that the Defendant, MICHAEL A. BREHM, cease all contact of any respect with the Plaintiff, LISA M. BREHM, and refrain from abusing her; and the Defendant, MICHAEL A. BREHM, is further directed to REMAIN away from where the Plaintiff is currently staying, 6.63 Ragers Hill Road, South Fork, Pennsylvanial5956. And further directing the Defendant, MICHAEL A. BREW to refrain from stalking or harassing the Plaintiff as defined in 18 Pa. C.S. §2709 (relating to harassment and stalking). Any violation of this Order by the Defendant, MICHAEL A. BREHM, shall be deemed to be in INDIRECT CRIMINAL CONTEMPT of the Order of this Court, and the, Adams Township Police Department and the Pennsylvania State Police, and all other appropriate law enforcement agencies, are hereby authorized and directed to enforce this Order upon such violation of the Order by the Defendant. IT IS ORDERED THAT PRIMARY PHYSICAL CUSTODY OF THE NAMELY, NICOLE BREHM, BORN 3/25/98, BE VESTED IN PLAINTIFF UNTIL OF THIS COURT. Upon violation of this Protection Order, the aforesaid law enforcement agencies following procedures: The police officer may, without warrant, upon probable cause arrest the for a violation of any provisions of this Order, whether or not the violation is committed of the police officer. The police officer shall verify, if necessary, the existence of this telephone or radio communication with the anorooriate law enfnrrPmPnt aaPnr.r ORDEI§ O ? Ile - 41;w t Ljj Uj 0) Uj I co EXHIBIT a 2. Subsequent to an arrest, MICHAEL A. BREHM, Defendant shall be taken without unnecessary delay before the Court that issued the Order. When that Court is unavailable, the Defendant shall be arraigned by a District Justice, in accordance with the rules of criminal procedure. 3. Upon violation of a Protection Order or a court approved consent agreement, the Court may hold the Defendant in contempt and punish him by imprisonment up to six (6) months, or a fine not exceeding $1,000.00, or both. Protection From Abuse Act, 23 Pa.C.S. §6101 et seq. The Defendant, MICHAEL A. BREHM, is hereby ordered and directed to appear before this Court on the day of 2006, at the Courthouse in Ebensburg, Cambria County, Pennsylvania, in Court Room # , at Cl.'AOA .m., before Judge /-m Ol1&1 9.-Q to show cause why the relief prayed for by the Plaintiff should not be granted. The Sheriff of Cambria County is hereby authorized and directed to serve a certified copy of this Petition and Order upon the Defendant, MICHAEL A. BREHM, with costs to be assessed against the Defendant. Plaintiff is granted leave to proceed In Forma Pauperis. YOU SHOULD TAKE. THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. IF YOU CANNOT FIND A LAWYER. LAUREL LEGAL SERVICES, INC. r Suite 400, Franklin Center z ° 225-227 Franklin Street r o .A .?.? ti .t ,,... Johnstown, PA 15901 a r Telephone: (814) 536-8917 <z cm £3'tE n o BY THE COURT: L OF COURT LISA M. BREHM, Plaintiff VS. MICHAEL A. BREHM, Defendant IN THE COURT OF COMMON PLEAS OF CAMBRIA COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006 - / Cl IN ABUSE - FOR FILING M : ORDERIPETITION FOR PROTECTION CS ':r FROM ABUSE c? W r ..t _ ' N CD COUNSEL OF RECORD FOR PLAINTIFF LISA M. BREHM o LAUREL LEGAL SERVICES, INC. BY: LISA A. BARNDT 225 -227 FRANKLIN STREET SUITE 400 FRANKLIN CENTER JOHNSTOWN, PA 15901 (814) 536-8917 SUPREME COURT I.D. #81750 NOTICE TO DEFEND AND CLAIM RIGHTS YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. IF YOU CANNOT FIND A LAWYER. Laurel Legal Services, Inc. Suite 400, Franklin Center 225-227 Franklin Street Johnstown, PA 15901 (814) 536-8917 LISA M. BREHM, Plaintiff VS. MICHAEL A. BREHM, Defendant IN THE COURT OF COMMON PLEAS OF CAMBRIA COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006 - /9' - IN ABUSE - ORDER OF PROTECTION AND FOR HEARING AND NOW, this LP--h day of 2006, having read the forgoing Petition, and having had due deliberation thereon, it is Ordered that the Defendant, MICHAEL A. BREHM, cease all contact of any respect with the Plaintiff, LISA M. BREHM, and refrain from abusing her; and the Defendant, MICHAEL A. BREHM, is further directed to REMAIN away from where the Plaintiff is currently staying, 663 Ragers Hill Road, South Fork, Pennsylvania 15956. And further directing the Defendant, MICHAEL A. BREHM, to refrain from stalking or harassing the Plaintiff as defined in 18 Pa. C.S. §2709 (relating to harassment and stalking). Any violation of this Order by the Defendant, MICHAEL A. BREHM, shall be deemed to be in INDIRECT CRIMINAL CONTEMPT of the Order of this Court, and the Adams Township Police Department and the Pennsylvania State Police, and all other appropriate law enforcement agencies, are hereby authorized and directed to enforce this Order upon such violation of the Order by the Defendant. IT IS ORDERED THAT PRIMARY PHYSICAL CUSTODY OF THE PARTIES' CHILD, NAMELY, NICOLE BREHM, BORN 3/25/98, BE VESTED IN PLAINTIFF UNTIL FURTHER ORDER OF THIS COURT. Upon violation of this Protection Order, the aforesaid law enforcement agencies shall follow the following procedures: The police officer may, without warrant, upon probable cause arrest the Defendant for a violation of any provisions of this Order, whether or not the violation is committed in the presence of the police officer. The police officer shall verify, if necessary, the existence of this Protection Order by telephone or radio communication with the appropriate law enforcement agency. 2. Subsequent to an arrest, MICHAEL A. BREHM, Defendant shall be taken without unnecessary delay before the Court that issued the Order. When that Court is unavailable, the Defendant shall be arraigned by a District Justice, in accordance with the rules of criminal procedure. Upon violation of a Protection Order or a court approved consent agreement, the Court may hold the Defendant in contempt and punish him by imprisonment up to six (6) months, or a fine not exceeding $1,000.00, or both. Protection From Abuse Act, 23 Pa.C.S. §6101 et seq. The Defendant, MICHAEL A. BREHM, is hereby ordered and directed to appear before this Court on the day of a? 2006, at the Courthouse in Ebensburg, Cambria Q7Y- County, Pennsylvania, in Court Room # Z , at /e .m., before Judge ? U , to show cause why the relief prayed for by the Plaintiff should not be granted. The Sheriff of Cambria County is hereby authorized and directed to serve a certified copy of this Petition and Order upon the Defendant, MICHAEL A. BREHM, with costs to be assessed against the Defendant. Plaintiff is granted leave to proceed In Forma Pauperis. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. IF YOU CANNOT FIND A LAWYER. LAUREL LEGAL SERVICES, INC. Suite 400, Franklin Center 225-227 Franklin Street Johnstown, PA 15901 Telephone: (814) 536-8917 BY THE COURT: LISA M. BREHM, Plaintiff VS. MICHAEL A. BREHM, Defendant IN THE COURT OF COMMON PLEAS OF CAMBRIA COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006 -T9 - IN ABUSE - PETITION FOR ORDER OF PROTECTION FROM ABUSE TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The Petition of LISA M. BREHM, pursuant to the provisions of the Protection From Abuse Act, 23 Pa.C.S. §6101 et seq. respectfully represents: That the Plaintiff is LISA M. BREHM, an adult individual, who is currently residing at 663 Ragers Hill Road, South Fork, Pennsylvania 15956. 2. That the Defendant is MICHAEL A. BREHM, an adult individual, currently residing at 1069 Nanroc Drive, Mechanicsburg, Pennsylvania 17055. 3. That the Plaintiff and Defendant are married and have one child by each other, namely, Nicole Brehm, born March 25, 1998. There are no custody agreements or Court Orders regarding custody of this child. 4. The Defendant has byphysical menace placed Plaintiffplaced in fear or imminent and serious bodily injury by: A. On December 12, 2005, the parties were arguing. Defendant then proceeded to grab Plaintiff by her arms, throwing her to the floor where she hit her back. Defendant continued to attack Plaintiff by pushing her against the doorframe and then locking her and their daughter in the bedroom. Defendant's physical abuse caused bruising of Plaintiffs arms, legs and back and was done in the presence of their daughter, Nicole. The police were called and the incident reported. B. On December 22, 2005, Defendant took their daughter to the home of his girlfriend, Trish. Trish punished Nicole for not picking up her crayons by hitting her on the lower back with a large, slotted, metal spoon. This caused bruising on Nicole's back. Defendant told Plaintiff that it was a love tap. Plaintiff took Nicole to the Hospital and the injury was documented. C. On November 28, 2005, Defendant pushed Plaintiff into the bedroom and she fell and hit her head and back. Plaintiff had bruises on her arms and back, and a bump on her head as a result thereof. This was also done in the presence of their daughter, Nicole. Their daughter is afraid of Defendant and asked Plaintiff if he was going to push her too. The Defendant continuously calls plaintiff a bitch, a bad mother and threatens to kill her if she takes their daughter. That such conduct as set forth in Paragraph 4 has placed Plaintiff in fear for her safety and physical well being. 6. That Plaintiffis unemployed and solely dependant upon the Defendant for her support and support of the parties' child. 7. That Defendant is employed and eams approximately $2,400.00 per month. 8. The continued contact by the Defendant with the Plaintiff constitutes an immediate and present danger to her of abuse within the meaning of the aforementioned Act. 9. The Plaintiff does not have funds immediately available to her to pay the costs of filing and serving this Petition. WHEREFORE, Plaintiff prays that this Honorable Court: a. direct the Defendant, MICHAEL A. BREHM, to refrain from abusing the Plaintiff, LISA M. BREHM; b. prohibit the Defendant, MICHAEL A. BREHM, from having any communication or contact with the Plaintiff, LISA M. BREHM; C. to direct the Defendant, MICHAEL A. BREHM, to REMAIN away from where the Plaintiff is currently staying, 663 Ragers Hill Road, South Fork, Pennsylvania 15956; d. that a copy of such temporary Order, along with a certified copy of this Petition, be served upon the Defendant, MICHAEL A. BREHM; e. to grant temporary physical custody of the parties' minor child, Nicole Brehm, born March 25, 1998, be vested in the Plaintiff until further order of court; to further direct the Defendant, MICHAEL A. BREHM, to refrain from stalking or harassing the Plaintiff, LISA M. BREHM, and other designated persons as defined in 18 Pa.C.S. §2709 (relating to harassment and stalking); g. to grant the Plaintiff, LISA M. BREHM, leave to proceed In Forma Pauperis; and h. that costs in the proceeding be assessed against the Defendant, MICHAEL A. BREHM. Respectfully submitted, LAUREL LEGAL SERVICES, INC. Date: - '2) -O(Q yea a L a . Bamdt Charles 1. Himmelreich Paul H. Mentzer Attorneys for Plaintiff VERIFICATION I verify that the statements made in this Petition for Protection From Abuse are true and correct, and that I do not have funds available to paythe costs of filing and service. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to auut'horities. Date: ISA M. BREHM Plaintiff ACKNOWLEDGMENT: I HAVE BEEN ADVISED THAT I WILL BE REQUIRED TO APPEAR AT THE HEARING SCHEDULED IN THIS MATTER FOR THE PURPOSE OF OFFERING ORAL TESTIMONY IN SUPPORT OF THE ALLEGATIONS OF FACT SET FORTH IN THIS PETITION; I WILL APPEAR; IF I FAIL TO APPEAR WITHOUT JUST CAUSE, THIS PETITION WILL BE DISMISSED AND COURT COSTS WILL BE ASSESSED AGAINST ME. Date: LISA M. BREHM Plaintiff ?) l ., ., ....? 1 i ?--? C? `?°?/? ?._ r? `???? ? .. Z. r! MICHAEL BREHM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LISA MAY BREHM DEFENDANT 05-5914 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 17, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, March 03, 2006 at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE, COURT. By: /s/ Melissa P. Greevy, Esq. _ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 t c,l/i ?2 Ct- k l,tV s'1 0?'? -/ lw r ' vn,' .J Lrr. ` ` 1y " A 5to auL c? THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(cDcomcast.net MICHAEL A. BREHM Plaintiff, vs. LISA MAY BREHM Defendant. Attorney fo (n, c' : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY. PA NO. 05-5914 CIVIL ACTION - LAW IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF - CUSTODY 1 2 3. 4. The Plaintiff is Michael A. Brehm residing at 29 Feeder Avenue, Lewistown, Mifflin County, Pennsylvania. The Defendant is Lisa May Brehm residing at 663 Ragers Hill Road, South Fork, Cambria County, Pennsylvania. Plaintiff seeks 50/50 shared legal and physical custody of the child, Nicole Alicia Brehm, D.O.B. 4/25/1998 (7 years) who is currently residing with the Defendant at 663 Ragers Hill Road, South Fork, Pennsylvania. Plaintiff and Defendant separated on September 28, 2005 and Plaintiff filed a Custody Complaint with this court on November 15, 2005. See Custody Complaint attached as Exhibit "A". 5. The Plaintiff and child were residing at 1069 Nanroc Drive, Mechanicsburg, Pennsylvania at the time of the filing. 6. Defendant left the marital home in December 2005 and took the child to live with her at the current South Fork, Pennsylvania address. 7. Since the child was removed from the marital home the Defendant has not allowed the Plaintiff to visit or communicate with the child in any way. 8. The child has been taken out of the only school she has known and has been enrolled in a new school. 9. The Defendant, in not allowing the Plaintiff to visit or communicate with the child after he has had a continual and loving relationship with the child in conjunction with moving her suddenly and enrolling her in a new school, may cause serious harm to the child's emotional and physical well-being. 10. The Defendant was issued a Protection from Abuse Order in Cambria County on January 4, 2006. That Protection from Abuse Order was filed under false pretenses and does not include the child. The Plaintiff was ordered to stay away from the Defendant but not the child. See attached Protection from Abuse Order labeled Exhibit "B". 11. The best interest and permanent welfare of the child will be served by the granting relief requested because: (a) the minor child's emotional and physical well-being will be continued if she maintains a loving relationship with both parents. 12. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award Plaintiff 50-50 shared physical and legal custody of the child. Respectfully Submitted, THE LAW OFFICE OF SHANE B. KOPE By: S 5e, Esq. Dated: January 12, 2006 THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(&comcast.net MICHAEL A. BREHM Plaintiff, vs. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLANDCOUNTY, PA NO. OS -S4'!/ LISA MAY BREHM CIVIL ACTION - LAW Defendant. IN CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is Michael A. Brehm residing at 1069 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Lisa May Brehm residing at 1069 Nanroc Drive, Mecanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks 50-50 shared physical and legal custody of the following child NAME PRESENT RESIDENCE AGE °,-, 7.1 - -i Nicole Alicia Brehm 1069 Nanroc Drive 7 years _. -? nF - Mechanicsburg, D.O.B. 4/25/9$,._. Pennsylvania 4. Nicole Alicia Brehm (hereinafter "child") was born in wedlock. r _ ?,„ { 5. The child is presently residing with the Plaintiff and Defendant. 6. During the past five years, the child has resided with the following person s and at the following addresses: EXHIBIT PERSONS ADDRESSES DATES Michael A. Brehm 1069 Nanroc Drive, 2002-Present Lisa May Brehm Mechanicsburg, PA Michael A. Brehm 611 Geneva Drive, Apt B, 2000-2002 Lisa May Brehm Mechanicsburg, PA Michael A. Brehm 321 West Main Street Birth - 2002 Lisa May Brehm Mechanicsburg, PA 7. The mother of the child is Lisa May Brehm, currently residing at 1069 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania. She is married. 8. The father of the child is Michael A. Brehm currently residing at 1069 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania. He is married. 9. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Lisa May Brehm Current Wife Filing Divorce 10. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP Michael A. Brehm Current Husband Filing Divorce 11. Plaintiff has not participated as a party in previous litigation concerning the custody of the child 12. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. Plaintiff is requesting shared 50/50 legal and physical custody of the child as long as the Defendant resides in the Mechanicsburg school system. 14. Plaintiff is requesting full legal and physical custody with visitation for the Defendant upon agreement of the parties if the Defendant decides to move outside of the Mechanicsburg school system. 15. The best interest and permanent welfare of the child will be served by the granting relief requested because: (a) The minor child's emotional and physical well-being will be continued if she has maintains a loving relationship with both parents. (b) Plaintiff would like to maintain the child in her current school system to afford stability to the child's environment. 16. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award Plaintiff 50-50 shared physical and legal custody of the child. Respectfully Submitted, THE L NE B. KOPE By: Kope, Esq. Dated: November 9, 2005 THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeftomcast.net MICHAEL A. BREHM Plaintiff, vs. LISA MAY BREHM Defendant. AND NOW, this Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PA NO. CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT day of 2005, in consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at , Pennsylvania, on the day of at o'clock m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the child's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator 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. CUMBELAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 08/11 2005 14:07 FAH 7177958110 CENTERPOINT ENO IaOO2/002 11/8812085 01:39 7177817572 KUPE LAW PAGE 08 . YERIFICATION I, Wheel A. Brehm, the PISIntiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements heraln are made subject to the penalties of 18 Pa, C.S. 4904 relating to unsworn falsifications to authorities. Dated; / 0 4 Mlchael A, Brehm COPY LISA M. BREHM, IN THE COURT OF COMMON PLEAS OF Plaintiff CAMBRIA COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2006 - MICHAEL A. BREHM, . a Defendant IN ABUSE - ` d o O RDER OF PROTECTION AND FOR HEARING z a w y _ . rp N` AND NOW, this of 2006, having read day th forg g-g a-tion, and having had due deliberation thereon, it is Ordered that the Defendant, MICHAEL A. BREHM, cease all contact of any respect with the Plaintiff, LISA M. BREHM, and refrain from abusing her; and the Defendant, MICHAEL A. BREHM, is further directed to REMAIN away from where the Plaintiff is currently staying, 663 Ragers Hill Road, South Fork, Pennsylvanial5956. And further directing the Defendant, MICHAEL A. BREHM, to refrain from stalking or harassing the Plaintiff as defined in 18 Pa. C.S. §2709 (relating to harassment and stalking). Any violation of this Order by the Defendant, MICHAEL A. BREHM, shall be deemed to be in INDIRECT CRIMINAL CONTEMPT of the Order of this Court, and the. Adams Township Police Department and the Pennsylvania State Police, and all other appropriate law enforcement agencies, are hereby authorized and directed to enforce this Order upon such violation of the Order by the Defendant. IT IS ORDERED THAT PRIMARY PHYSICAL CUSTODY OF THE PARTIES-.CH[LD NAMELY, NICOLE BREHM, BORN 3/25/98, BE VESTED IN PLAINTIFF UNTIL FUR R ORDER¢ OF THIS COURT. Q 03 ? .. Upon violation of this Protection Order, the aforesaid law enforcement agencies shiuj low tlcD W ? im co following procedures: 0) 1. The police officer may, without warrant, upon probable cause arrest the for a violation of any provisions of this Order, whether or not the violation is committed of the police officer. The police officer shall verify, if necessary, the existence of this Protec ' 9 telephone or radio communication with the annrooriate law enfnrnemPnr aoP +P., a 2. Subsequent to an arrest, MICHAEL A. BREHM, Defendant shall be taken without unnecessary delay before the Court that issued the Order. When that Court is unavailable, the Defendant shall be arraigned by a District Justice, in accordance with the rules of criminal procedure. Upon violation of a Protection Order or a court approved consent agreement, the Court may hold the Defendant in contempt and punish him by imprisonment up to six (6) months, or a fine not exceeding $1,000.00, or both. Protection From Abuse Act, 23 Pa.C.S. §6101 et seq. The Defendant, MICHAEL A. BREHM, is hereby ordered and directed to appear before this Court on the g day of 2006, at the Courthouse in Ebensburg, Cambria County, Pennsylvania, in Court Room # , at at 01,'A0 A in., before Judge /h,- . to show cause why the relief prayed for by the Plaintiff should not be granted. The Sheriff of Cambria County is hereby authorized and directed to serve a certified copy of this Petition and Order upon the Defendant, MICHAEL A. BREHM, with costs to be assessed against the Defendant. Plaintiff is granted leave to proceed In Forma Pauperis. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. IF YOU CANNOT FIND A LAWYER. LAUREL LEGAL SERVICES, INC. r Suite 400, Franklin Center ° 225-227 Franklin Street o N;y?r.r nJohnstown, PA 15901 a ` Telephone: (814) 536-8917 r ° YL? CC BY THE COURT: rn L OF COURT LISA M. BREHM, Plaintiff vs. MICHAEL A. BREHM, Defendant IN THE COURT OF COMMON PLEAS OF CAMBRIA COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006 - / C, IN ABUSE - FOR FILING o : ORDER/PETITION FOR PROTECTION C, w `r : FROM ABUSE i j' COUNSEL OF RECORD FOR PLAINTIFF - LISA M. BREHM j - LAUREL LEGAL SERVICES, INC. BY: LISA A. BARNDT 225 -227 FRANKLIN STREET SUITE 400 FRANKLIN CENTER JOHNSTOWN, PA 15901 (814) 536-8917 SUPREME COURT I.D. #81750 NOTICE TO DEFEND AND CLAIM RIGHTS YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. IF YOU CANNOT FIND A LAWYER. Laurel Legal Services, Inc. Suite 400, Franklin Center 225-227 Franklin Street Johnstown, PA 15901 (814) 536-8917 LISA M. BREHM, Plaintiff VS. MICHAEL A. BREHM, Defendant IN THE COURT OF COMMON PLEAS OF CAMBRIA COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006 - /?? - IN ABUSE - ORDpE?R OF PROTECTION AND FOR HEARING AND NOW, this 4?` day of 2006, having read the forgoing Petition, and having had due deliberation thereon, it is Ordered that the Defendant, MICHAEL A. BREHM, cease all contact of any respect with the Plaintiff, LISA M. BREHM, and refrain from abusing her; and the Defendant, MICHAEL A. BREHM, is further directed to REMAIN away from where the Plaintiff is currently staying, 663 Ragers Hill Road, South Fork, Pennsylvanial5956. And further directing the Defendant, MICHAEL A. BREHM, to refrain from stalking or harassing the Plaintiff as defined in 18 Pa. C.S. §2709 (relating to harassment and stalking). Any violation of this Order by the Defendant, MICHAEL A. BREHM, shall be deemed to be in INDIRECT CRIMINAL CONTEMPT of the Order of this Court, and the Adams Township Police Department and the Pennsylvania State Police, and all other appropriate law enforcement agencies, are hereby authorized and directed to enforce this Order upon such violation of the Order by the Defendant. IT IS ORDERED THAT PRIMARY PHYSICAL CUSTODY OF THE PARTIES' CHILD, NAMELY, NICOLE BREHM, BORN 3/25/98, BE VESTED IN PLAINTIFF UNTIL FURTHER ORDER OF THIS COURT. Upon violation of this Protection Order, the aforesaid law enforcement agencies shall follow the following procedures: The police officer may, without warrant, upon probable cause arrest the Defendant for a violation of any provisions of this Order, whether or not the violation is committed in the presence of the police officer. The police officer shall verify, if necessary, the existence of this Protection Order by telephone or radio communication with the appropriate law enforcement agency. 2. Subsequent to an arrest, MICHAEL A. BREHM, Defendant shall be taken without unnecessary delay before the Court that issued the Order. When that Court is unavailable, the Defendant shall be arraigned by a District Justice, in accordance with the rules of criminal procedure. Upon violation of a Protection Order or a court approved consent agreement, the Court may hold the Defendant in contempt and punish him by imprisonment up to six (6) months, or a fine not exceeding $1,000.00, or both. Protection From Abuse Act, 23 Pa. C. S. §6101 et seq. The Defendant, MICHAEL A. BREHM, is hereby ordered and directed to appear before this Court on the day of ate, 2006, at the Courthouse in Ebensburg, Cambria V 9OG Q? County, Pennsylvania, in Court Room # - 'at m., before JudgZ&7K?? , to show cause why the relief prayed for by the Plaintiff should not be granted. The Sheriff of Cambria County is hereby authorized and directed to serve a certified copy of this Petition and Order upon the Defendant, MICHAEL A. BREHM, with costs to be assessed against the Defendant. Plaintiff is granted leave to proceed In Forma Pauperis. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. IF YOU CANNOT FIND A LAWYER. LAUREL LEGAL SERVICES, INC. Suite 400, Franklin Center 225-227 Franklin Street Johnstown, PA 15901 Telephone: (814) 536-8917 BY THE COURT: LISA M. BREHM, Plaintiff V& MICHAEL A. BREHM, Defendant IN THE COURT OF COMMON PLEAS OF CAMBRIA COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006 -T9 - IN ABUSE - PETITION FOR ORDER OF PROTECTION FROM ABUSE TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The Petition of LISA M. BREHM, pursuant to the provisions of the Protection From Abuse Act, 23 Pa.C.S. §6101 et seq. respectfully represents: That the Plaintiff is LISA M. BREHM, an adult individual, who is currently residing at 663 Ragers Hill Road, South Fork, Pennsylvania 15956. 2. That the Defendant is MICHAEL A. BREHM, an adult individual, currently residing at 1069 Nanroc Drive, Mechanicsburg, Pennsylvania 17055. 3. That the Plaintiff and Defendant are married and have one child by each other, namely, Nicole Brehm, born March 25, 1998. There are no custody agreements or Court Orders regarding custody of this child. 4. The Defendant hasbyphysicalmenace placed Plaintiffplacedinfear orimminent and serious bodily injury by: A. On December 12, 2005, the parties were arguing. Defendant then proceeded to grab Plaintiff by her arms, throwing her to the floor where she hit her back. Defendant continued to attack Plaintiff by pushing her against the doorframe and then locking her and their daughter in the bedroom. Defendant's physical abuse caused bruising of Plaintiffs arms, legs and back and was done in the presence of their daughter, Nicole. The police were called and the incident reported. B. On December 22, 2005, Defendant took their daughter to the home of his girlfriend, Trish. Trish punished Nicole for not picking up her crayons by hitting her on the lower back with a large, slotted, metal spoon. This caused bruising on Nicole's back. Defendant told Plaintiff that it was a love tap. Plaintiff took Nicole to the Hospital and the injury was documented. C. On November 28, 2005, Defendant pushed Plaintiff into the bedroom and she fell and hit her head and back. Plaintiff had bruises on her arms and back, and a bump on her head as a result thereof. This was also done in the presence of their daughter, Nicole. Their daughter is afraid of Defendant and asked Plaintiff if he was going to push her too. The Defendant continuously calls plaintiff a bitch, a bad mother and threatens to kill her if she takes their daughter. That such conduct as set forth in Paragraph 4 has placed Plaintiff in fear for her safety and physical well being. That Plaintiffis unemployed and solely dependant upon the Defendant for her support and support of the parties' child. That Defendant is employed and cams approximately $2,400.00 per month. 8. The continued contact by the Defendant with the Plaintiff constitutes an immediate and present danger to her of abuse within the meaning of the aforementioned Act. 9. The Plaintiff does not have funds immediately available to her to pay the costs of filing and serving this Petition. WHEREFORE, Plaintiff prays that this Honorable Court: a. direct the Defendant, MICHAEL A. BREHM, to refrain from abusing the Plaintiff, LISA M. BREHM; prohibit the Defendant, MICHAEL A. BREHM, from having any communication or contact with the Plaintiff, LISA M. BREHM; C. to direct the Defendant, MICHAEL A. BREHM, to REMAIN away from where the Plaintiff is currently staying, 663 Ragers Hill Road, South Fork, Pennsylvania 15956; d. that a copy of such temporary Order, along with a certified copy of this Petition, be served upon the Defendant, MICHAEL A. BREHM; e. to grant temporary physical custody of the parties' minor child, Nicole Brehm, born March 25, 1998, be vested in the Plaintiff until further order of court; f. to further direct the Defendant, MICHAEL A. BREHM, to refrain from stalking or harassing the Plaintiff, LISA M. BREHM, and other designated persons as defined in 18 Pa.C.S. §2709 (relating to harassment and stalking); 9. to grant the Plaintiff, LISA M. BREHM, leave to proceed In Forma Pauperis; and h. that costs in the proceeding be assessed against the Defendant, MICHAEL A. BREHM. Respectfully submitted, LAUREL LEGAL SERVICES, INC. Date: - ?i -G(Q .,aa a ap, L' a . Barndt Charles 1. Himmelreich Paul H. Mentzer Attorneys for Plaintiff VERIFICATION I verify that the statements made in this Petition for Protection From Abuse are true and correct, and that I do not have funds available to pay the costs of filing and service. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date.. ISA M. BREHM Plaintiff ACKNOWLEDGMENT: I HAVE BEEN ADVISED THAT I WILL BE REQUIRED TO APPEAR AT THE HEARING SCHEDULED IN THIS MATTER FOR THE PURPOSE OF OFFERING ORAL TESTIMONY IN SUPPORT OF THE ALLEGATIONS OF FACT SET FORTH IN THIS PETITION; I WILL APPEAR; IF I FAIL TO APPEAR WITHOUT JUST CAUSE, THIS PETITION WILL BE DISMISSED AND COURT COSTS WILL BE ASSESSED AGAINST ME. Date; LISA M. BREHM Plaintiff ?-, CJ `??..t -?-> ?" ?, c° ? ?? , s.? } ?;1 ?,? ., -- <. , THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(&-comcast. net Attorney for Plaintiff MICHAEL A. BREHM :IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-5914 LISA MAY BREHM, CIVIL ACTION - LAW Defendant. IN DIVORCE CERTIFICATE OF SERVICE I, Shane B. Kope, do hereby certify that on this the 6th day of February, 2006, 1 served a true and correct copy of the foregoing Order of Court certified and regular mail, postage prepaid, addressed as follows: Lisa May Brehm 663 Ragers Hill Road South Fork, PA 15956 E AF SHANE B. KOPE I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (Attorney for Petitioner) __ ;-, ???? ?, '? ._, c ?;?` 1 c? a -c; r?,. .. ,,;, ;, MICHAEL BREHM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05 - 5914 LISA MAY BREHM, CIVIL ACTION - LAW Defendant DIVORCE/CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the Family Law Clinic on behalf of the Defendant, Lisa M. Brehm, in the above-captioned matter, Date t' 1C C` i ?L Angel R ant Certified Legal Intern Robert Y afhs, Esquire Lucy Johnston-Walsh, Esquire Ann MacDonald-Fox, Esquire Thomas Place, Esquire William G. Martin, Esquire THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 (717) 243-3639 MICHAEL BREHM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05 - 5914 LISA MAY BREHM, CIVIL ACTION - LAW Defendant DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Angel Revelant, hereby certify that I am serving a true and correct copy of the Praecipe to Enter Appearance on the following person, counsel for plaintiff, by depositing a copy of the same in the United States mail, postage prepaid, this February 10, 2006: Shane B. Kope, Esquire 4660 Trindle Road Suite 201 Camp Hill, PA 17011 Angel R elant Certified Legal Intern -,, -? ? -,, _.. _ -r? '-? , ?_ J ? t_ -n: C:: _.. - ' !•? (, !..'? Z u c u MA8 3 MICHAEL A. BREHM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5914 CIVIL TERM V. LISA MAY BREHM, Defendant IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this 11 day of March, 2006, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Michael Brehm and Lisa May Brehm, shall have shared legal custody of the minor child, Nicole Alicia Brehm born March 25, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, IEP meetings, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. The child shall have custodial time with her parents in accordance with the following schedule: A. Commencing March 10, 2006 with Father each weekend from Friday at 7:00 p.m. until Sunday at 5:00 p.m. CIVIL ACTION - LAW B. Summer - Effective June 11, 2006, on an alternating-week schedule during the summer school recess. Nicole's first custodial week with Mother shall begin June 11, 2006 and Nicole's first custodial week with , y f NO. 05-5914 CIVIL TERM Father shall begin June 18, 2006. Custodial exchanges shall occur on Sundays at 5:00 p.m., unless otherwise agreed. C. Upon one-week notice from Mother to Father, if Mother has special plans on the weekend, Mother shall be entitled to an occasional custodial weekend. D. In the event that the child has a Monday school holiday, Father may, at his option, extend his custodial weekend to include the Monday holiday. E. When Nicole does not have custodial time with Father, she will have custodial time with Mother. 3. The Court directs that within sixty (60) days after the date of this Order both parties shall register and attend the "Education Program for Separated Parents" offered by the Pennsylvania State University. The parties shall file their Certificates of Attendance with the Prothonotary promptly after their attendance. 4. Transportation. The parties shall meet at a half-way point between Lewistown and Mother's residence in Cambria County. Counsel shall assist the parties in working out the specific details of the location for the custodial exchange. 5. The parties agree that the child shall not be subject to corporal punishment and that alternative methods of discipline shall be used, when needed. The parties further agree that, to the extent that the child is in need of discipline, such discipline shall be administered by the parents themselves. 6. Holidays. The attached holiday schedule superseges the regular schedule. BY THE BY: J. Dist: Shane B. Kope, Esquire, 4660 Trindle Road, Suite 201, Camp Hill, PA 17011 Lisa May Brehm, 1069 Nanroc Drive, Mechanicsburg, PA 17055 } Cr?a cep nat?u? -3' /7 O ' uo t [i h ? NO. 05-5914 CIVIL TERM HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 1st Half From 6pm the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2nd Half From 3pm on Thanksgiving Day to 6pm Father Mother he day after Thanksgiving Day Christmas 1st Half From 9am on 12/24 to 9pm on 12/24 Mother Mother and from noon 12/31 to the start of school Christmas 2nd Half From 9pm on 12/24 to noon on 12/31 Father Father Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday MICHAEL A. BREHM, Plaintiff V. LISA MAY BREHM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5914 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Nicole Alicia Brehm April 25, 1998 Mother 2. Father filed for Divorce on November 18, 2005. A Custody Conciliation was scheduled. However, at the time of the Conference, Mother remained in the marital residence. Therefore, the Court was without jurisdiction to enter any Orders with regard to custody of the child. Subsequently, Mother left the marital home and moved to South Fork, Pennsylvania in Cambria County. Soon after her arrival there, she filed a Protection from Abuse Petition upon which an Ex Parta Order was entered. A Hearing was held on January 9, 2006 before the Honorable Thomas A. Swope, Jr. Based upon the agreement of the parties, and without a finding of abuse, an Order was entered confirming the January 4, 2006 Order for a period of twelve (12) months from January 9, 2006. The PFA Docket No. is 2006-19 in the Court of Common Pleas of Cambria County, Pennsylvania, Civil Division. The Order further provided that the Plaintiff agrees to stay away from the Defendant. A Custody Conciliation Conference in this matter was scheduled for March 6, 2006. Attending the Conference were: The Father, Michael Brehm, and his counsel, Shane B. Kope, Esquire; the Mother, Lisa May Brehm, and her counsel from the Dickinson School of Law Family Law Clinic, Ann McDonald Fox, Esquire; and certified legal intern Angel Revelant. NO. 05-5914 CIVIL TERM 3. The parties reached an agreement in the form as attached. Counsel were directed to prepare a Joint Stipulation with the modification of the PFA Order permitting respectful contact between the parents for purposes of custodial a ange and the exercise of their responsibilities ursuant to the shared legal custody tft6 mi or child. 5 b C? 5& rtv, (-Lin Date Melissa Peel Greevy, Esquire Custody Conciliator :270528 KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeftomcast.net Attorney for Plaintiff MICHAEL A. BREHM : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-5914 LISA MAY BREHM, CIVIL ACTION - LAW Defendant. IN DIVORCE CERTIFICATE OF SERVICE I, Shane B. Kope, do hereby certify that on the 9m day of January 2006, 1 served a true and correct copy of the foregoing Complaint in Divorce via certified U.S. First Class mail, postage prepaid, addressed as follows: KOPE & ASSOCIATES Lisa May Brehm 635 Ragers Hill Road Southfork, PA 15956 ane B. Kope, Esq. I.D. 92207- .__.. ___ 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (Attorney for Plaintiff) UNITED STATES POSTAL SERVE ? N .. -F.nstage6'fie"8S'Yeid 1 Sender: Please print yo ame, address an - Is StFP-rVP-.l{CE '" su... t?, e 1 r P4 L 7 ig '° `°' If YES, enter delivery address below: U No "its A-, P? htetl7 Ezvreen Malt 4 Regtafa f h..R6FmIpt for Mepcha 4,- ,'f{@ifrkteii? t ? Ves - 2 Artide,Numbor. .. .:; r': , l KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(a)com cast. net MICHAEL A. BREHM Plaintiff, vs. LISA MAY BREHM, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5914 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 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: < Z b 6 Michael Brehm zo7-Si:3-31?1 Social Security KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(&comcast.net Attorney for Plaintiff MICHAEL A. BREHM :IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-5914 LISA MAY BREHM, CIVIL ACTION -LAW Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on November 15, 2005. 2. A Certificate of Service for the complaint in divorce was filed on April 6, 2006 showing service completed on January 9, 2006. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 consent to the entry of a final decree of divorce after service of nctice of intention to request entry of the decree. 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: Michael Brehm 2-07-5;-rd-Vr>! Social Security Number KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQUIRE ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com MICHAEL A. BREHM Plaintiff, vs. LISA MAY BREHM, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 05-5914 CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY CUSTODY ORDER 1. The Plaintiff is Michael Brehm currently residing at 2615 Market Street, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is Lisa May Brehm currently residing at 507 Main Street, Apt. #2, South Fork, Cambria County, Pennsylvania. 3. A Temporary Order of Court was entered by this Honorable Court on March 16, 2006, wherein the Mother and Father share legal and physical custody of the minor child. See attached Order marked Exhibit "A". 4. The Plaintiff was granted custody every weekend during the school year and every other week during the summer. 5. Under the terms of transportation in the attached Order, the parties were ordered to meet at an agreed-upon location halfway between Plaintiffs prior residence in Lewistown, Pennsylvania and Defendant's prior residence in Cambria County, Pennsylvania. 6. Plaintiff seeks to modify the current Temporary Order of Court so that he has primary physical and shared legal custody of the following child. NAME PRESENT RESIDENCE AGE DATE OF BIRTH Nicole Alicia Brehm 507 Main Street, Apt. #2 8 years March 25, 1998 South Fork, PA 7. Nicole (hereinafter "the child") was born in wedlock. 8. The child is presently residing primarily with Defendant. 9. During the past five years, the child has resided with the following persons and at the following addresses: PERSONS ADDRESSES 2615 Market Street Camp Hill, PA DATES March 2006 - present Michael Brehm Trish Baker Lisa Brehm Lisa Brehm Lisa Brehm 507 Main Street, Apt. #2 August 2006-present South Fork, PA 138 Paylor Lane, #A-2 Salix, PA March 2006-August 2006 663 Ragers Hill Road South Fork, PA January 2006-March 2006 Michael A. Brehm 1069 Nanroc Drive, 2002-January 2006 Lisa May Brehm Mechanicsburg, PA Michael A. Brehm 611 Geneva Drive, Apt B, 2000-2002 Lisa May Brehm Mechanicsburg, PA Michael A. Brehm 321 West Main Street Birth-2002 Lisa May Brehm Mechanicsburg, PA 10. The mother of the child is Lisa May Brehm, the named Defendant, currently residing at 507 Main Street, Apt. #2, South Fork, Cambria County, Pennsylvania. She is separated. 11. The father of the child is Michael A. Brehm, the named Plaintiff, currently residing at 2615 Market Street, Camp Hill, Cumberland County, Pennsylvania. He is separated. 12. The relationship of Plaintiff to the child is that of Father. Plaintiff currently resides with the following persons: NAME RELATIONSHIP Trish Baker Girlfriend Devin Miller, Paige Zook, and Girlfriend's minor children Courtney Zook 13. The relationship of Defendant to the child is that of Mother. It is believed that Defendant resides with her current boyfriend. 14. Plaintiff has participated as a party in previous litigation concerning the custody of the child. 15. Plaintiff does not know of a person not a party to the proceedings that has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. Plaintiff requests primary physical and shared legal custody of the child. 17. Plaintiff further requests that any and all custodial exchanges be conducted at a location halfway between Plaintiff's current residence in Camp Hill, PA, and Defendant's current residence in South Fork, PA. Plaintiff requests that said custodial exchanges take place specifically at the Fort Littleton exit off the Pennsylvania Turnpike. 18. Plaintiff requests that Defendant not bring anyone, specifically including her current paramour, to any and all custodial exchanges. 19. Plaintiff requests that Defendant be court-ordered once again to attend the "Education Program for Separated Parents" offered by Pennsylvania State University that was required previously under the order on March 16, 2006, but was not attended by Defendant. 20. The best interest and permanent welfare of the child will be served by granting relief as requested because: (a) Defendant does not have the proper home environment to support the emotional and physical well being of the child. Defendant does not currently have a home phone or cell phone to utilize in the case of an emergency, or for standard household requirements. As a result, the child is in danger; (b) Defendant is not feeding the child properly, with sufficient nutrition. As a result, the child's health and development are in danger; (c) Defendant remains unemployed, and has taken few, if any, steps to seek gainful employment. Defendant maintains a lack of willingness to find a new job, and as a result of her unemployment, is unable to provide the child with the basic staples of comfort and care; (d) Defendant is doing everything in her power to drive a wedge between Plaintiff and the child. Defendant is telling the child that Plaintiff does not want to see her and that is why he is allegedly refusing to drive all the way to Tyrone for custodial exchanges; (e) Defendant is instructing the child to be bad when she is at Plaintiffs home, and is teaching the child to use words that are inappropriate and vulgar; (e) Plaintiff is able to provide a stable home and emotional environment for the child. Specifically, Plaintiff's girlfriend, who resides in the residence, is a Certified Nursing Assistant at Messiah Village, and is fully equipped to offer assistance with nourishment and care; and (e) Plaintiff has the facilities to provide for the care, comfort and control of the child, as well as the intention and desire to do so. 21. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award Plaintiff primary physical and shared legal custody of the child. (b) Award Defendant visitation every other weekend. (c) Order the meeting place for any and all custodial exchanges to be at a location half-way between parties' current residences in Camp Hill and South Fork, specifically, the Fort Littleton exit of the Pennsylvania Turnpike. (d) Order Defendant to attend the "Educational Program for Separated Parents" offered by Pennsylvania State University, as previously ordered. Respectfully Submitted, KOPE & ASSOCIATES, LLC By: c Sha B. Kope, Esq. Dated: f ? DG Ft _C.EiVED MAR 16 2"7.) V MICHAEL A. BREHM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-5914 CIVIL TERM V. LISA MAY BREHM, CIVIL ACTION - LAW Defendant IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this /l_ day of March, 2006, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Michael Brehm and Lisa May Brehm, shall have shared legal custody of the minor child, Nicole Alicia Brehm.born'March 25, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, IEP meetings, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. The child shall have custodial time with her parents in accordance with the following schedule: A. Commencing March 10, 2006 with Father each weekend from Friday at 7:00 p.m. until Sunday at 5:00 p.m. B. Summer - Effective June 11, 2006, on an alternating-week schedule during the summer school recess. Nicole's first custodial week with Mother shall begin June 11, 2006 and Nicole's first custodial week with EXH18rr ? -A- NO. 05-5914 CIVIL TERM Father shall begin June 18, 2006. Custodial exchanges shall occur on Sundays at 5:00 p.m., unless otherwise agreed. C. Upon one-week notice from Mother to Father, if Mother has special plans on the weekend, Mother shall be entitled to an occasional custodial weekend. D. In the event that the child has a Monday school holiday, Father may, at his option, extend his custodial weekend to include the Monday holiday. E. When Nicole does not have custodial time with Father, she will have custodial time with Mother. 3. The Court directs that within sixty (60) days after the date of this Order both parties shall register and attend the "Education Program for Separated Parents" offered by the Pennsylvania State University. The parties shall file their Certificates of Attendance with the Prothonotary promptly after their attendance. 4. Transportation. The parties shall meet at a half-way point between Lewistown and Mother's residence in Cambria County. Counsel shall assist the parties in working out the specific details of the location for the custodial exchange. 5. The parties agree that the child shall not be subject to corporal punishment and that alternative methods of discipline shall be used, when needed. The parties further agree that, to the extent that the child is in need of discipline, such discipline shall be administered by the parents themselves. 6. Holidays. The attached holiday schedule supersedes the regular schedule BY THE COURT: BY: s /34L J. Dist: Shane B. Kope, Esquire, 4660 Trindle Road, Suite 201, Camp Hill, PA 17011 Lisa May Brehm, 1069 Nanroc Drive, Mechanicsburg, PA 17055 RUE COPt FROM RECORD in TodkTi3tiq Udldllad. I Nve untO Set rnY ham and the of said Court at CarWe. Pa. 4 Prothonvo ri NO. 05-5914 CIVIL TERM HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 1 st Half From 6pm the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2nd Half From 3pm on Thanksgiving Day to 6pm Father Mother he day after Thanksgiving Day Christmas 1st Half From 9am on 12/24 to 9pm on 12/24 Mother Mother nd from noon 12/31 to the start of chool Christmas 2nd Half From 9pm on 12/24 to noon on 12/31 Father Father Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday 0/09 2006 12:41 FAX 7177959110 CENTERPOINT ENG : SEP-06-2606 1?:55 KOPE & ASSOCIRTES, 2002/002 717 737 6658 P.12 f, . P ' • IL . II, 1, , • ?• •t, I ••1I . 1 X • ,I'11 VERIFICATION 1, Michael A. Brehm, the Petitloner in this matter, have read the fo regoin® Petitlon ti. for Amendment of Custody Order, I MIN that my averments In this Petition are true i, and correct and based upon my personal knowledge. I understand lh8t any false statements herein are made subject to the penalties of 18 Pa. C.S. 4804 relating to unswom falsificatlon9 to authorities, Dated: -24?x__ X11 Michael A. Brehm 1 ; TL r• ?. ?. l { 1 r ? . I fl, ,?,i?? 1• 'I TOTAL P.12 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeftomcast.net Attorney for Plaintiff MICHAEL A. BREHM :IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-5914 LISA MAY BREHM, CIVIL ACTION - LAW Defendant. IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE I, Shane B. Kope, do hereby certify that on this 8th day of September, 2006, 1 served a true and correct copy of the foregoing Petition to Modify Custody Order via certified and regular U.S. First Class mail, postage prepaid, addressed as follows: Ann McDonald-Fox, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (Attorney for Petitioner) N ?. O ? ? ?' a ? w -? ??: ?S g?,_? r?? -::: -' -_?:_ ?? KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com MICHAEL A. BREHM Plaintiff, vs. LISA MAY BREHM, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5914 CIVIL ACTION - LAW IN DIVORCE & CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Lesley J. Beam, Esq, of Kope & Associates, LLC of 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011, on behalf of the Plaintiff, Michael A. Brehm, in connection with the above-captioned divorce and custody action. Date: 7 13 (9c Respectfully Submitted, BY: Lesley j. beam, Esquire ID# 9 75' 466 Trindle Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 f KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibearnftkopelaw.com Attorney for Plaintiff MICHAEL A. BREHM : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-5914 CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire do hereby certify that on this 18th day of September, LISA MAY BREHM, CIVIL ACTION - LAW Defendant. IN DIVORCE & CUSTODY 2006, 1 served a true and correct copy of the foregoing Praecipe to Enter Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: Ann McDonald-Fox, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 KOPE & ASSOCIATES, LLC By: besley , Be*n, Esq. I.D. 9105 ' 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 to ?r.:. 4D `°? y co MICHAEL A. BREHM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-5914 CIVIL ACTION LAW LISA MAY BREHM IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, September 20, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, October 27, 2006 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 41V la-oelb AW Nov $12«16 MICHAEL A. BREHM, Plaintiff V. LISA MAY BREHM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5914 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this -2, Z4ay of November, 2006, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed that this Court's Order of March 16, 2006 is modified as follows: 1. While the parties' new paramours may be present at the time of the custodial exchange, those persons will remain in the vehicles during the actual custodial exchange. 2. The custodial exchange will occur with each parent being able to select their preferred meeting point at one custodial exchange each weekend. Additionally, the parties will use one custodial exchange at the Sheetz at the McConnellsburg exit to evaluate this as an optional custodial exchange location for them to their present preferences regarding the Breezewood exit or the Sidling Hill rest stop. 3. Mother will remove pictures of the minor child from her "My Space" web account. BY BY: Dist: ?4sley Beam, Esquire, 4660 Trindle Road, Suite 201, Camp Hill, PA 17011 . !gan Reismeyer, Esquire, Dickinson School of Law, Family Law Clinic, 45 N. Pitt /ter et, Carlisle, PA 17013 , Wssica Woodman-Hardy, Dickinson School of Law, Family Law Clinic, 45 N. Pitt St , Ca rlisle, PA 17013 4 ..i J MICHAEL A. BREHM, Plaintiff V. LISA MAY BREHM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5914 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Nicole Alicia Brehm March 25, 1998 Mother 2. Father filed a Petition to Modify Custody Order on or about September 14, 2006. The Custody Conciliation Conference was held on October 27, 2006, with the following individuals in attendance: the Father, Michael A. Brehm, and his counsel, Lesley Beam, Esquire; the Mother, Lisa May Brehm, and her counsel from the Dickinson School of Family Law Clinic, Megan Reismeyer, and Certified Legal Intern, Jessica Woodman-Hardy. 3. Since the time of the filing of the Petition to Modify, circumstances have changed with regard to Mother's employment, making her better able to provide appropriately for the child. The revisions to which the parties agreed involved a change in the transportation arrangement, Mother's agreement to delete pictures of the child from the Internet, and a continuance of their practice to have c exchanges occur without the parties' new interests participating in the actual custo ial exch nge. it oa Melissa Peel Greevy, Esquire Custody Conciliator :286908 MICHAEL A. BREHM Plaintiff, vs. LISA MAY BREHM, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5914 CIVIL ACTION - LAW IN DIVORCE N O T I C E 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 action within twenty (20) days after this Complaint 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 notice for any 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 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 MICHAEL A. BREHM Plaintiff, vs. LISA MAY BREHM , Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5194 CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbearriAkopelaw.com MICHAEL A. BREHM Plaintiff, vs. LISA MAY BREHM , Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5914 CIVIL ACTION - LAW IN DIVORCE AMENDED COMPLAINT IN DIVORCE AND CUSTODY AND NOW comes the above-named Plaintiff, MICHAEL A. BREHM, by and through his attorney, SHANE B. KOPE, ESQ., and makes the following Complaint in Divorce: 1. The Plaintiff is MICHAEL A. BREHM, an adult individual who currently resides at 2615 Market Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant is LISA MAY BREHM an adult individual who currently resides at 507 Main Street, Apt. #2, South Fork, Cambria County, Pennsylvania 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 16, 2001 in Cumberland County, Pennsylvania, 5. The Parties separated on September 28, 2005. 6. Neither the Plaintiff nor Defendant is in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart and at the appropriate time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as Specified in Section 3301 (d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (d) of the Divorce Code. COUNT III REQUEST FOR CONFIRMATION OF CUSTODY UNDER SECTIONS 3104(a)(2) AND 3323(b) OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 15. The parties are the parents of the following unemancipated child who resides with both Plaintiff and Defendant at the current time: NAME AGE SEX D.O.B. Nicole Alicia Brehm 8 Female April 25, 1998 16. For the preceding five years the child has resided with the following persons and at the following addresses: PERSONS ADDRESS DATES Michael Brehm Trish Baker 2615 Market Street Camp Hill, PA March 2006 - present Lisa Brehm 507 Main Street, Apt. #2 August 2006-present South Fork, PA I Lisa Brehm Lisa Brehm Michael A. Brehm Lisa May Brehm Michael A. Brehm Lisa May Brehm Michael A. Brehm Lisa May Brehm 138 Paylor Lane, #A-2 Salix, PA 663 Ragers Hill Road South Fork, PA 1069 Nanroc Drive, Mechanicsburg, PA March 2006-August 2006 January 2006-March 2006 2002-January 2006 611 Geneva Drive, Apt B, 2000-2002 Mechanicsburg, PA 321 West Main Street Birth-2002 Mechanicsburg, PA 17. Plaintiff has not participated in any other litigation concerning the custody of the child in this or any other state. 18. Plaintiff knows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 19. The best interests and permanent welfare of the child will be served by granting the requested relief. WHEREFORE, Plaintiff respectfully requests that pursuant to Sections 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order awarding Plaintiff shared legal custody of the child. Dated: Respectfully Submitted, KOP & AS CI TES, LLC r' ZV sley B am, Esq. X3/01 2007 13:13 FAX 7177959110 CENTERPOINT ENG rill 4.7f 4ari( 1ri; aG fl f- fD.L- IOfL P.ur'C. & M*7ubMICn7 VERIFICATION Ij001/001 rWUC. Out OG I, Michael A, Brehm, the Plaintiff in this matter, have read the foregoing Complaint. i verify that my averments In this Complaint are true and correct and based upon my personal knowledge, I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: Z -?A t? f Michael A. Brehm KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbearnA-kopelaw.com Attorney for Plaintiff MICHAEL A. BREHM :IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-5914 LISA MAY BREHM, CIVIL ACTION - LAW Defendant. IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, do hereby certify that on this 23rd day of January 2007, 1 served a true and correct copy of the foregoing Amended Complaint in Divorce and Custody via regular U.S. First Class mail, postage prepaid, addressed as follows: Ann McDonald-Fox, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 & ASSOCIATES, LLC Lesley ?Beam, Esq. I.D. 9V 5 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (Attorney for Petitioner) -TI r-?17 MICHAEL A. BREHM, Plaintiff/Respondent V. LISA MAY BREHM, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO. 05-5914 PETITION FOR EQUITABLE DISTRIBUTION NOW comes Lisa May Brehm, the Defendant/Petitioner in the above-captioned divorce action, by and through her attorneys, the Family Law Clinic, and sets forth the following Petition for Equitable Distribution, pursuant to Pa.R.C.P. No. 1920.15(b): 1. Defendant/Petitioner is Lisa May Brehm, who currently resides 507 Main Street, Apartment 2, South Fork, PA, 15956. 2. Plaintiff/Respondent is Michael Brehm , who currently resides at 2615 Market Street, Camp Hill, PA, 17011. Petitioner and Respondent have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Petition. 4. Petitioner and Respondent were married on June 16, 2001 in Cambria County, Pennsylvania. 5. On or about November 8, 2005, the Plaintiff/Respondent filed a Complaint in Divorce, which is docketed in the above-captioned action. 6. Petitioner and Respondent have lived separate and apart since approximately December 28, 2005. 7. During the course of the marriage, the parties acquired marital assets and debts subject to equitable distribution under Section 3502 of the Divorce Code, including, but not limited to the following: a) Plaintiff/Respondent's pension, 401(k) account, retirement accounts, bank accounts; b) Various items of personal property. WHEREFORE, Petitioner requests that this court equitably divide the marital property between the parties and grant such other relief as the Court deems just. n 3/G l?7 Respectfully submitted, sD. Woodman-Hardy Certified Legal Intern z ?) & 1 4 i4 ROBERT/E. INS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Telephone: (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Petition for Equitable Distribution are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Lisa May Brehm, Petitioner MICHAEL A. BREHM, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondant CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE LISA MAY BREHM Defendant/Petitioner NO. 05 - 5914 CIVIL TERM CERTIFICATE OF SERVICE I, Jessica D. Woodman-Hardy, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition For Equitable Distribution on Leslie Beam, Esq., Attorney for Michael A. Brehm, at Kope & Associates, 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania, 17011, by depositing a copy of the same in the United States mail, First Class, prepaid postage, on March 12, 2007. yssica Woodman-Hardy Cert fied Legal Inte A; jr s THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 a MICHAEL BREHM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE LISA MAY BREHM, Defendant : NO. 05-5914 INVENTORY OF LISA MAY BREHM Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct, to the best of her knowledge, information, and belief. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Lisa May Brehm ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. ( ) 1. Real Property (X) 2. Motor Vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value & current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventories, royalties ( ) 14. Personal property outside the home ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits - severance pay, worker's compensation claim/award ( ) 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) ( ) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Names Of Number Of Property All Owners 2 2002 Grand Prix, Pontiac, Automobile Michael Brehm 2 2001 Grand Prix, Pontiac, Automobile Lisa Brehm 5 Checking Account Michael Brehm Lisa Brehm 5 Savings Account Michael Brehm 18 Pension Plan through Employer Michael Brehm 25 Household Furnishings (see attached list) Michael Brehm Lisa Brehm 2 PROPERTY TRANSFERRED Item Description Date Of Person To Whom Number of Property Transfer Consideration Transferred LIABILITIES Item Description Names Of Number of Property All Creditors 24 Student Loan 24 Credit Card Providian 24 Cell Phone Bill T-Mobile Names Of All Debtors Lisa Brehm Michael Brehm Lisa Brehm Lisa Brehm 4 NONMARITAL PROPERTY Item Description Reason For Exclusion Number of Property Owner from Marital Property HOUSEHOLD FURNISHINGS AND PERSONALTY Digital Camera Assorted DVDs One fish tank Bedroom set Surround sound system Computer for use by daughter Nicole Defendant reserves the right to correct and/or supplement this Inventory to the extent that she acquires additional information regarding assets and/or liabilities. 6 ~ ?"' ? 4'?l `?? ?? ? . > ? - ? ` . ? --r ? ? ?F ? ?. " . 1? .. n ?i --{ .. MICHAEL BREHM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION-LAW DIVORCE LISA MAY BREHM , Defendant NO. 05 -5914 CIVIL TERM CERTIFICATE OF SERVICE I, Megan M. Michael, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of Defendant's Inventory on Lesley J. Beam, Esquire, counsel for Plaintiff, at 4660 Trindle Road, Suite 201, Camp Hill, PA 17011 by depositing a copy of the same in the United States mail, postage prepaid on October 1, 2007. `P" Megan M. Mi hae Certified Legal Intern nu 6 ?_ Megan iesmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ?? "'' ` r. ?? ?.. - -:? :_ ?. .. is,? `i ? , { •? A? ` r KOPE $ ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeamt@kopelaw.com Attorney for Plaintiff MICHAEL A. BREHM, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05-5914 LISA MAY BREHM, CIVIL ACTION - LAW Defendant. IN DIVORCE INVENTORY OF PLAINTIFF AND NOW comes the above-named Plaintiff, MICHAEL A. BREHM, by and through his attorney, LESLEY J. BEAM, ESQUIRE, and files the following inventory of all marital property, all property which is claimed as nonmarital property, and all credits claimed by Plaintiff for payment of marital debts and obligations from the time of separation: 1. Marital Property: Plaintiff declares the following marital property existing at the time of separation of the parties: A. Marital Assets: (1) 2002 Pontiac Grand Prix, titled in the name of and in the possession of Michael Brehm; (2) 2001 Pontiac Grand Prix, titled in both names, in the possession of Lisa Brehm; (3) 401(k) account in the name of Michael Brehm, with an approximate marital value of $4920.54; (4) Checking account in the names of both parties, believed to have a nominal balance only at the time of separation; (5) It is believed that there was also a savings account in the name of Lisa Brehm; (6) A bedroom set worth approximately $0; this set was sold post- separation to clear the remaining debt of $750, for a net remaining value of the asset of $0; (7) Surround sound system, television and futon; Plaintiff left these items at the parties' apartment upon vacating the apartment due to inability to transport the items. If Defendant did not claim these items into her possession, it is believed that these items are either in the possession of the parties' former landlord or have been disposed of; (8) Two computers, value unknown. Plaintiff and Defendant each claimed a computer upon separation; and (9) Assorted personal items worth less than $100. B. Marital Debts (1) Capital One MasterCard account in the name of Plaintiff, with a balance of $285.74 at the time of separation; (2) Wal-Mart credit account in the name of Plaintiff, with a balance of $293.40 at the time of separation; (3) Providian Visa account in the name of Defendant, with a balance of approximately $800 at the time of separation. Current balance is unknown; Plaintiff was denied access to said account and its statements, and thus was unable to make payments on said card. Plaintiff thus claims that all late charges and additional charges post separation of the parties should be the sole responsibility of Defendant; (4) T-Mobile account in the name of Lisa Brehm, with a $0.00 balance at the time of separation. Charges incurred post-separation are currently in dispute; and (5) Student loan in the name of Lisa Brehm. In consideration of court rulings on this matter, Plaintiff acknowledges that the student loan incurred during marriage constitutes a marital debt, but further maintains that said debt must be the sole liability of Defendant, and shall not offset the division of the estate. II. Nonmarital Property: Plaintiff declares the following as nonmarital property existing at the time of separation, or that is claimed to be marital by Defendant: A. Nonmarital Assets: (1) Digital camera claimed by Defendant was purchased prior to the marriage, and has no value regardless as it is broken; (2) Fish tank that was purchased by Plaintiff prior to marriage; (3) Fish tank that was a gift to Plaintiff during marriage; B. Nonmarital Debts: Plaintiff does not claim the existence of any nonmarital debts existing at the time of separation, with the understanding that Plaintiff assigns all of Defendant's student loan debt to Defendant without having such assignation offset distribution of the rest of the estate. III. Credits to Plaintiff: After a divorce complaint was filed in this matter, Plaintiff paid the following expenses on marital obligations, without contribution of Defendant, and while Plaintiff continued to reside in the marital residence: Date Bill Amount 10/06/2005 ............. . Rent.............. .......... $685.00 10/27/2005 ............. . Electric.......... .......... $113.91 10/27/2005 ............. . Cable ............ .......... $100.61 11/10/2005 ............. . Rent........................ $685.00 11/16/2005 .............. Electric.................... $93.76 11/21/2005 .............. Cable ...................... $100.61 12/06/2005 .............. Car insurance ......... $130.16 12/28/2005 .............. Car insurance ......... $130.16 01/03/2006 .............. Rent............... ......... $700.00 01/17/2006 .............. Rent............... ......... $705.00 01/30/2006 .............. Electric........... ......... $307.24 02/13/2006 .............. Electric........... ......... $75.16 Total .............. ......... $3,826.61 Plaintiff reserved the right to correct and/or supplement this Inventory under such circumstances as he acquires additional and/or supplemental information regarding any assets and/or liabilities of either party, or both parties. Respectfully Submitted, KOPE,E ASSOCIATES, LLC n Dated: ?a 67 Les Ie . B am, Esq. VERIFICATION I, Michael A. Brehm, the Plaintiff in this matter, have read the foregoing Inventory of Plaintiff. I verify that my averments in this Inventory are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: q Dy AZ Z e 9W. I Michael A. Brehm c? p m ?j ? r.. ? - ,1 te .G• 4°= Vii' 7 ? ap x KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibearn(ftopelaw.com Attorney for Plaintiff MICHAEL A. BREHM, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-5914 LISA MAY BREHM, CIVIL ACTION -LAW Defendant. IN DIVORCE INVENTORY OF PLAINTIFF AND NOW comes the above-named Plaintiff, MICHAEL A. BREHM, by and through his attorney, LESLEY J. BEAM, ESQUIRE, and files the following inventory of all marital property, all property which is claimed as nonmarital property, and all credits claimed by Plaintiff for payment of marital debts and obligations from the time of separation: 1. Marital Property: Plaintiff declares the following marital property existing at the time of separation of the parties: A. Marital Assets: (1) 2002 Pontiac Grand Prix, titled in the name of and in the possession of Michael Brehm; (2) 2001 Pontiac Grand Prix, titled in both names, in the possession of Lisa Brehm; I A (3) 401(k) account in the name of Michael Brehm, with an approximate marital value of $4920.54; (4) Checking account in the names of both parties, believed to have a nominal balance only at the time of separation; (5) It is believed that there was also a savings account in the name of Lisa Brehm; (6) A bedroom set worth approximately $0; this set was sold post- separation to clear the remaining debt of $750, for a net remaining value of the asset of $0; (7) Surround sound system, television and futon; Plaintiff left these items at the parties' apartment upon vacating the apartment due to inability to transport the items. If Defendant did not claim these items into her possession, it is believed that these items are either in the possession of the parties' former landlord or have been disposed of; (8) Two computers, value unknown. Plaintiff and Defendant each claimed a computer upon separation; and (9) Assorted personal items worth less than $100. B. Marital Debts (1) Capital One MasterCard account in the name of Plaintiff, with a balance of $285.74 at the time of separation; (2) Wal-Mart credit account in the name of Plaintiff, with a balance of $293.40 at the time of separation; (3) Providian Visa account in the name of Defendant, with a balance of approximately $800 at the time of separation. Current balance is unknown; Plaintiff was denied access to said account and its statements, and thus was unable to make payments on said card. Plaintiff thus claims that all late charges and additional charges post separation of the parties should be the sole responsibility of Defendant; (4) T-Mobile account in the name of Lisa Brehm, with a $0.00 balance at the time of separation. Charges incurred post-separation are currently in dispute; and (5) Student loan in the name of Lisa Brehm. In consideration of court rulings on this matter, Plaintiff acknowledges that the student loan incurred during marriage constitutes a marital debt, but further maintains that said debt must be the sole liability of Defendant, and shall not offset the division of the estate. II. Nonmarital Property: Plaintiff declares the following as nonmarital property existing at the time of separation, or that is claimed to be marital by Defendant: A. Nonmarital Assets: (1) Digital camera claimed by Defendant was purchased prior to the marriage, and has no value regardless as it is broken; (2) Fish tank that was purchased by Plaintiff prior to marriage; (3) Fish tank that was a gift to Plaintiff during marriage; r .. B. Nonmarital Debts: Plaintiff does not claim the existence of any nonmarital debts existing at the time of separation, with the understanding that Plaintiff assigns all of Defendant's student loan debt to Defendant without having such assignation offset distribution of the rest of the estate. III. Credits to Plaintiff: After a divorce complaint was filed in this matter, Plaintiff paid the following expenses on marital obligations, without contribution of Defendant, and while Plaintiff continued to reside in the marital residence: Date Bill Amount 10/06/2005 .............. Rent.................... .... $685.00 10/27/2005 .............. Electric................ .... $113.91 10/27/2005 .............. Cable .................. .... $100.61 11/10/2005 .............. Rent.................... .... $685.00 11/16/2005 .............. Electric................ .... $93.76 11/21/2005 .............. Cable .................. .... $100.61 12/06/2005 .............. Car insurance ..... .... $130.16 12/28/2005 .............. Car insurance ..... .... $130.16 01/03/2006 .............. Rent........................ $700.00 01/17/2006 .............. Rent........................ $705.00 01/30/2006 .............. Electric.................... $307.24 02/13/2006 .............. Electric................. ... $75.16 Total ....................... $3,826.61 Plaintiff reserved the right to correct and/or supplement this Inventory under such circumstances as he acquires additional and/or supplemental information regarding any assets and/or liabilities of either party, or both parties. Respectfully Submitted, KOPE,E ASSOCIATES, LLC Dated: /,, /W /d 7 Lesle . B am, Esq. VERIFICATION I, Michael A. Brehm, the Plaintiff in this matter, have read the foregoing Inventory of Plaintiff. I verify that my averments in this Inventory are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: q Qy Michael A. Brehm KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 lbearnO-kopelaw.corn MICHAEL A. BREHM Plaintiff, vs. LISA MAY BREHM, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5914 CIVIL ACTION - LAW IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on September 28, 2005 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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. § 4904 relating to unsworn falsification to authorities. Date: 7-11=S Los Michael Brehm r r-d 1 9 2008 va N cr) ?_. av7 .0. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbearnAkopelaw.com MICHAEL A. BREHM Plaintiff, vs. LISA MAY BREHM, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5914 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT AND RETURN OF SERVICE AND NOW comes Kope & Associates, LLC by LESLEY J. BEAM, attorney for Michael A. Brehm, Plaintiff, and states that service of the Divorce Complaint in this matter was made by him upon Defendant, Lisa May Brehm by posting the same in the U.S. Mail, postage prepaid, at Camp Hill, PA by Certified Mail No. 7004 2510 0007 6450 0392, Return Receipt Requested on November 16, 2005, to her mailing address, at 635 Ragers Hill Road, Southfork, PA 15956 which mail was received by Defendant on January 9, 2006, all in accordance with PA.R.C.P. 412 and 403. The mailing receipt and the return receipt or true copies thereof of the acceptance of service bearing the signature of the Defendant are attached hereto and made part hereof, together with the cover letter mailed to Defendant. A J. BEAM, Esq. for Plaintiff 1 1 j Complete iter,.-1,, 2 and 3. Also complete item 4 if Restricted Delivery is desired. i ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 1 d? 1:5 f0 r " f`? y ' " f?? 1?'I 'fP' 3?? ???? 41 l ll I?o? d S? u r-Kft, K . PA 2. Article Number PS Form 3811, February A. S' na A Adc ? B. ved by (Pd N )? C. 0 of ? ? V D. Is delivery address different from ite . 1? )ZI Yes If YES, enter delivery address below: ? No 3. Service Type ? Certified mail ? Express Mail ? Registered ? Return Receipt for Marc." andiso ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 102595-02-WIS40 Shane R Kope, Esq. ¦ Jacob M. Jividen, Esq. ¦ Lesley J. Beam, Esq. K O P E ASSOCIATES November 16, 2005 a \1' O 11 11 1 C 1% S 11. ('. VIA CERTIFIED MAIL Lisa May Brehm 1069 Nanroc Drive Mechanicsburg, PA 17055 Re: Brehm v. Brehm No. 05-5914 (in divorce and custody) Dear Ms Brehm, I represent Michael A. Brehm in the above captioned matter for divorce and custody of Nicole Alicia Brehm. Enclosed and served upon you are the Complaint in Divorce and Custody and the Custody Complaint. I am sending these papers to you directly because I have no information that you are represented by an attorney. If you have any questions, please feel free to contact me. But, please be aware that I cannot give you legal advice because I represent Mr. Brehm. Thank-you for your kind attention. Very truly yours, Shane B. Kope Enclosure Cc: Michael A. Brehm Smart Representation 466o Trindle Road ¦ Suite 201 ¦ Camp Hill, PA 17011 P 717.761.7573 ¦ F 717.761.7572 ¦ kopelaw.com fir? s". , c V C?e s . t co '3 C7 -? r KOPE & ASSOCIATES BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 lbeam@kopelaw.com MICHAEL A. BREHM Plaintiff, vs. LISA MAY BREHM, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5914 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 15, 2005. 2. The complaint was served by certified mail, said receipt signed by Defendant on January 9, 2006. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. § 4904 relating to unsworn falsification to authorities. Date: Michael A. Brehm C3 ^v M r f?..? y ' [ y till KOPE & ASSOCIATES BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 lbeam@kopelaw.com MICHAEL A. BREHM Plaintiff, VS. LISA MAY BREHM, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-5914 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 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. § 4904 relating to unswom falsification to authorities. Date: /7 1 Z& Michael A. Brehm ? Q ?- ccs _,,,_ KOPE & ASSOCIATES BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 abeam@kopelaw.com MICHAEL A. BREHM Plaintiff, vs. LISA MAY BREHM, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5914 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 15, 2005. 2. The complaint was served by certified mail, said receipt signed by Defendant on January 9, 2006. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: -I v Lisa May Brehm F2- c -n r ' ' 1r M ".i , +.. IC KOPE & ASSOCIATES BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com MICHAEL A. BREHM Plaintiff, vs. LISA MAY BREHM, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-5914 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 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. § 4904 relating to unsworn falsificatio to authorities. Date: V(. Lisa May Brehm C? G ? F ? es` -:S;j. -`y} KOPE & ASSOCIATES, LLC BY LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com MICHAEL A. BREHM, Plaintiff, vs. LISA MAY BREHM, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5914 CIVIL ACTION - LAW IN DIVORCE MARITAL SEPARATION AGREEMENT 1. INTRODUCTORY PROVISION This Agreement is made by and between Lisa May Brehm of Cambria County, Pennsylvania ("Wife") and Michael A. Brehm of Cumberland County, Pennsylvania ("Husband") 2. WHEREAS CLAUSES WHEREAS, the parties hereto are Husband and Wife, having been married on June 16, 2001 in Cumberland County, Pennsylvania; WHEREAS, certain differences exist between the parties and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to the settling of all interests, rights and/or obligations between them or their estates, whether arising out of their marriage, MA6 Lot 1 of 24 MAB LMB including, but not limited to: a) the past, present and future support, alimony pendente lite, alimony or maintenance of either party by the other party; and (b) the ownership of all assets of whatever nature, including assets acquired by either party prior to or subsequent to the date of execution of this Agreement; 3. CONSIDERATION NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Husband and Wife, intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 4. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 5. DEFINITIONS 5.01. Divorce Code. The phrase "Divorce Code" shall be defined as Pennsylvania C.S.A., Title 23. Section 101 et seq. (effective March 19, 1991). 5.02. Date of Execution . of This Agreement. The phrase "date of execution", "execution date" or "date of this Agreement" shall be defined as the date that the last party sig this Agreement. Mp{? 2 of 24 MAB LMB 5.03. Date of Distribution. Except where indicated otherwise, the phrase "date of distribution of this Agreement shall be defined as the earlier of the date of: (1) death of one of the parties; or (2) the thirty-first day subsequent to the date on which an initial divorce decree is entered without an appeal having been taken, or, if such an appeal has been taken, on the date of receipt of notice of final confirmation of the initial divorce decree by the appellate courts. If the distribution date falls on a date when the court which entered the decree in divorce or to which appeal was taken is closed for official business, then the distribution date shall be the next day on which that court is open for official business. 5.04. Internal Revenue Code. The phrase "Internal Revenue Code" or "I.R.C." shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. References to sections of the Internal Revenue Code shall refer to sections of the Internal Revenue Code as of the date of execution of this Agreement. 5.05. Asset. The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held. 5.06. Effective Date of Agreement. This Agreement shall become effective and binding upon both parties on the execution date of this Agreement. 6. DIVORCE DECREE 6.01. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent, no-fault Divorce Decree in the above captioned divorce action. Husband has filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, Civil Term, 2005, No. 05-5914, seeking a divorce decree pursuant to, among other provisions, Section 3301(c) and Section 3301(d) of the Domestic Relations Code. M 3 of 24 MAB LMB The parties shall promptly file the affidavits and waivers required to obtain a divorce pursuant to § 3301(c) of the Domestic Relation Code. As defined in the Domestic Relations Code, the parties' marriage is irretrievably broken and they do not desire marital counseling. The parties shall also take all legal steps (including, but not limited to, the timely and prompt submission of all documents and the execution of appropriate waivers of the right to file exceptions and of the right to file an appeal) necessary to ensure that a divorce pursuant to § 3301(c) of the Domestic Relations Code is entered as soon as possible/within one (1) month, but in any event not later than two (2) months from the date of execution of this Agreement. 6.02. Responsibility for Proceeding With Divorce. Husband shall be responsible for the prompt filing of the Praecipe to Transmit the Record and the related required documents. Should Wife want a certified copy of the final divorce decree, Wife shall pay the required fee to secure that document. 6.03. Withdrawal of Other Actions. The parties further shall take all legal steps necessary to ensure that all pending petitions and actions between the parties (including, but not limited to counterclaims or petitions for economic relief), except for the divorce action referred to in Paragraph 6.01 (to the extent necessary to obtain the divorce), are dismissed with prejudice as soon as possible and that no similar actions are instituted, except to the extent necessary to enforce the terms of this Agreement. The parties agree that a custody complaint was filed previously, and that a final order of court regarding said custody action has been issued. Nothing within this paragraph shall require the parties to vacate the current custody order, nor shall anything in this paragraph preclude the parties from requesting modification of said custody order in the future. ,AfQg ""r 4 of 24 MAB LMB 6.04. Penalty for Delay. Notwithstanding the foregoing, if, after the execution of this Agreement, either party unreasonably delays or contests the obtaining of a final, unappealed divorce decree, that party shall exonerate and indemnify the other party against and hold the other party harmless from any liability and/or expense, including reasonable counsel fees, incurred as a result of such delay or contest in obtaining the decree. 7. EFFECT OF NO DIVORCE Except as otherwise provided for in this Agreement, this Agreement shall remain in full force and effect even if no final decree in divorce is entered. 8. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the nonbreaching party, shall include, but not necessarily be limited to, all of the following: for breach of contract, under theories of equity, and under the Divorce Code, including under § 3105 (which includes contempt). The provisions of this Agreement shall not be modifiable for any reason. 9. ADVICE OF COUNSEL Husband has been represented by Lesley J. Beam, Esquire of Kope & Associates, LLC. W' hasbeen represented by the Penn State Family Law Clinic. Each party MAf3 5 of 24 MAB ke represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, distribution of property, or other financial benefits arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 10. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been disclosure of the parties' marital assets and debts and the parties' respective incomes. The parties agree to waive any further disclosure and proceed with a settlement of all financial assets and/or debts. 11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery nd verification of facts relevant to their respective rights and obligations, ( 6 of 24 MAB LMB including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 12. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, which obligations are then borne by the other party, the other party shall have the right to (1) declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties; or (2) receive an order of alimony from the offending party, which amount shall reimburse the non-offending spouse for the total cost and/or the balance of the obligation at the time of the discharge, reasonable attorney's fees expended in the effort to be made whole, and all costs incurred in receiving said alimony amount. 13. MUTUAL RELEASES Except as otherwise expressly provided in this Agreement, Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: Claims Against Property or Estate: Any and all right, title, interest Mis 7 of 24 M A B LMB J and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1N?98 b 8 of 24 MAB LMB 14. WAIVER OR MODIFICATION No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 15. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 16. NO INTENDED THIRD-PARTY BENEFICIARIES This Agreement constitutes a contract binding between the aforementioned parties and those parties only. This Agreement provides rights and obligations only to the aforementioned parties. To the extent that this Agreement may benefit another party other than Husband or Wife either directly or indirectly, said party constitutes merely an incidental beneficiary of the Agreement and will be restricted from pursuing legal action should either Husband or Wife breach or allegedly breach this Agreement in any way. 17. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 18. BREACH If for y reason either Husband or Wife fails to perform his or her obligations owed AlA8 V' " % 9 of 24 MAB LMB to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in the Pennsylvania Divorce Code, 23 Pa.C.S.A. § 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Consideration for Reasonable Attorneys Fees: Any award of "reasonable attorney's fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 19. INCOME TAX MATTERS RA6 W\, 10 of 24 MAB LMB With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them arising out of such joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. In the event that any refund is received from any joint filing from a previous year after the execution of this Agreement, the parties hereby agree that the refund monies received shall be split equally between the two parties. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 20. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. NO f11 of 24 MAB LMB SECTION II EQUITABLE DISTRIBUTION OF PROPERTY 21. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 22. DISTRIBUTION OF PROPERTY AND DEBTS The parties' marital assets and debts shall be divided and distributed as follows: A. Real Estate: The parties hereto did not own real estate during the marriage, and therefore, no assignment of real estate is warranted in this agreement. In the event that either party acquired real estate subsequent to the physical separation of the parties in September of 2005, the other spouse hereby waives any and all claim to said real estate. B. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: All personal property currently in the possession of the MA 6 12 of 24 MAB LMB Wife, as per the agreement of the parties. 2. To Husband: All personal property currently in the possession of the Husband, as per the agreement of the parties. 3. The parties agree that they have already divided the personal property in a manner that is agreeable to both. C. Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the vehicles have been sold or traded in prior to the date of this Agreement, and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: All vehicles currently in her possession, specifically including the 2001 Pontiac Grand Prix owned during the marriage, and the value therewith. Husband agrees to execute any and all paperwork to effectuate the transfer of the title of the vehicle into Wife's name only. The parties agree and acknowledge that this vehicle has been in an accident, and that the insurance company is currently holding a check for the proceeds which shall go to Wife upon receipt of the executed MSA. Husband and Wife agree to execute any and all required paperwork to effectuate the receipt by Wife of all insurance proceeds due for this incident. 2. To Husband: All vehicles currently in his possession, specifically including a 2002 Pontiac Grand Prix. 3. The parties have been and remain responsible for securing their own automobile insurance on all vehicles assigned to each, respectively, under this document as of the date of execution of this agreement. The parties agree that each party will be solely and fully responsible for any NIA 13 of 24 MAB L B uncovered expenses, costs and/or liability arising from any and all incidents and/or accidents involving their respective vehicles. 4. The parties further agree that any loans owed on these respective vehicles will be paid in full by the party to whom ownership is assigned under this Agreement. In the event that both parties are named on any loan associated with the payment of the vehicle, the party receiving said vehicle under this Agreement shall take any and all steps to refinance the vehicle in his or her name alone. D. Title Transfer: The vehicles owned by the parties respectively should be owned in full by whatever party with whom custody of the vehicle will lie in accordance with this Agreement. If any vehicle awarded under Paragraph C above should be titled in the names of both parties, the parties shall take all steps practicable to transfer title of the vehicle into the name of the party with whom custody of the vehicle will lay in accordance with this Agreement. Said title transfer of any vehicle under this section will be made in accordance with the law within ninety (90) days of the signing of this Agreement. All costs of the title transfer will be the responsibility of the person receiving title. E. Monetary Distributions: All funds in joint and separate accounts, including but not limited to savings, checking, and money market accounts, should be divided and distributed as follows: 1. To Wife: Any funds in Wife's separate accounts. 2. To Husband: Any funds in Husband's separate accounts. 3. The parties agree that there are no accounts open as of the date of execution of this Agreement which are held in the names of both parties. NAIJA i-t,4 14 of 24 MAB LMB This includes, but is not limited to, savings, checking, and money market accounts. All monies held in joint accounts have been disbursed and distributed since the date of separation of Husband and Wife to the satisfaction of both parties. F. Investments: The parties' shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife: Any shares currently in her possession or name. 2. To Husband: Any shares currently in his possession or name. G. Life Insurance: The parties' life insurance policies and the cash value of said policies shall remain in the possession of the party under whose name the policy is held. Neither party is entitled to the value or a portion of the value of the life insurance policy of his/her current spouse. H. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401(K) Plan, Keogh Plan, Stock Plan, Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: Any and all accounts held in Wife's name. 2. To Husband: Any and all accounts held in Husband's name, specifically including the entirety of Husband's 401(k) account. 1. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and MB 15 of 24 MAB MB distributed as follows: 1. To Husband: a. Husband shall be solely liable for the following debts which were accrued during the marriage: (i) $1,447.84 of the debt on the Visa Account with Providian; (ii) the full balance of the Walmart credit account (which had a balance of approximately $293 at the time of separation); (iii) the full balance of the Capital One credit account (which had a balance of approximately $285 at the time of separation), and (iv) one- half (1/2) of the money demanded by collections to settle the parties' phone account at T-Mobile, which amount is anticipated to be $239.73 In the event that collections will not settle the account at that amount, Husband will pay one-half (1/2) of the settlement amount demanded, however, he must be given written proof in the form of statement and/or letter from collections stating the total demand. Husband shall make all payments under this subparagraph directly to the provider and/or lendor. b. Husband shall be solely liable for his student loan debt, defined as such as those loans taken in his name to finance his education. C. Husband shall be liable for any additional debts he has accrued in his name only since the time of separation of the parties as per the divorce complaint referenced above. 2. To Wife: a. Wife shall be solely liable for all remaining monies owed on the Visa account with Providian, beyond the $1,447.84 that Husband will pay directly to Providian. Wife shall be responsible for all remaining monies owed to collections for payment of the '8 16 of 24 MAB LMB outstanding account with T-Mobile, intended to be one-half (1/2) of the monies owed to collections. b. Wife shall be solely liable for Wife's student loan debt, defined as such as those loans taken in her name to finance her education. C. Wife shall further be liable for any additional debts that have accrued in her name since the time of separation of the parties, as per the divorce complaint referenced above. 3. The parties hereby acknowledge that there are no additional debts under both parties' names which are not referenced, and assigned, within this Agreement. SECTION III COUNSEL FEES, SPOUSAL SUPPORT, APL, AND ALIMONY 23. COUNSEL FEES: Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other party except as otherwise expressly provided herein. 24. ALIMONY, APL, AND SUPPORT: The parties acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide.for themselves sufficient financial resources for their comfort, maintenance and support. The parties hat the cost of living may increase or decrease, that their respective acknoPE M-AB 17 of 24 N AB estates may increase or decrease in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore the parties hereby expressly waive, discharge, give up and release any and all rights and claims which they may now or hereafter have by reason of the parties' marriage, separation or divorce to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a Court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. From the execution date of this Agreement it shall be the sole responsibility of each party to sustain himself or herself without seeking any support from the other. 25. HEALTH INSURANCE FOR WIFE AND HUSBAND: Husband and Wife hereby represent that they have secured health insurance coverage for their respective selves. The parties agree to continue to pay for and secure health insurance coverage for their respective selves. The parties hereby agree that as of the date of execution of this Agreement and for all times forward, no party shall be responsible for the costs of health care coverage of the other. 26. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, NV4 n% MAB LMB 18 of 24 both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she has had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Personalty Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than three hundred and sixty-five (365) days from the date of this Agreement. D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. IN,Q 19 of 24 MAB LMB E. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefore. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. H. Cancellation of Joint Debts: Any joint debt shall be cancelled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter f MA8 20 of 24 MAB LMB incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. J. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. SECTION IV CLOSING PROVISIONS AND EXECUTION 27. MUTUAL COOPERATION - DOCUMENT EXECUTION: Wife and Husband covenant and agree that they will forthwith and within at most ten (10) days after demand therefore, execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or other writings as may be necessary or desirable for the proper effectuation of this Agreement, and which shall be executed in order to carry out fully and effectively the terms of this Agreement. Such documents include, but are not limited to, an affidavit of consent, a life insurance change of beneficiary, a life insurance application, deeds, trusts, mortgage applications or refinancing documentation, bank account or safe deposit box releases, checks, Escrowee letters of direction, IRS forms and other tax forms, transfers of automobile, boat or other assets involving certificates of title, letters to creditors, and health insurance MAg J-Yv? 21 of 24 MAB LMB documents. 28. JURISDICTION: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. While the parties understand that they may from time to time remove themselves from the jurisdiction, it is their understanding and their intention that this Agreement shall be valid and effective without respect to where the parties are domiciled at any time in the future, or where in the world property owed or controlled by either party is located. If, under the laws of any other jurisdiction either party would be entitled to any right, power or interest under the laws of that jurisdiction, then only to the extent necessary to effect a complete waiver, release or relinquishment of such right, power or interest, and thereby effectuate this Agreement, the laws of such jurisdiction shall apply. If one or more provisions of this Agreement shall be held invalid or unenforceable under the laws of any jurisdiction, the parties intend that such invalidity or unenforceability shall not affect the remaining provisions, which shall nonetheless be valid and enforceable. If it is necessary that any invalid provision be replaced in order to interpret properly the remaining provisions of the Agreement, any such invalid provision shall be replaced by a valid provision which fulfills as closely as possible the intent and purposes of the invalid provision. It is intended by the parties that no additional rights be conferred on them other than as set forth in this Agreement by the laws of any jurisdiction whatsoever. 29. SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall continue in full force, effect and operation. Ate/ 22 of 24 MAB MB 30. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 31. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 32. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. Lisa May Brehm Date: d D (SEAL) Michael A. Brehm Date: CAB 23 of 24 MAB M WITNESS: Lv /4' COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND On this, the l g k day of g uS-1- , 2008, before me, a Notary Public, the undersigned officer, personally appeared Lisa May Brehm, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Dale Curtis Rose, Notary Public Jenner Twp., Somerset County My Commission Expires Feb. 4, 2010 Notary Public: COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND On this, the I q411 day of ?, 2008, before me, a Notary Public, the undersigned officer, personally appe ed Michael A. Brehm, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. Nrltnni ublic: ?-? tillcollicn, 1104,1W OAUPDI CO mg- I t/wMi M Rtn? AA6 24 of 24 ?Wry MIN% t1 +JPHIN COUNTY MAB LM c ter, „w; res t 24, 2C' f...1 r?'? t? `:SS "S'F ? C X,T ? 4 ? {1Z?...- f^J ?r(? . N _? r 7 ? ? "Y7 r _}3,; ?, _. " '? ,.. C,J s ??? °i T" M: 7 ?+° . ??f? ??? f ..?u/H?Y°'? KOPE & ASSOCIATES, LLC BY LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com MICHAEL A. BREHM, Plaintiff, vs. LISA MAY BREHM, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5914 CIVIL ACTION - LAW IN DIVORCE MARITAL SEPARATION AGREEMENT 1. INTRODUCTORY PROVISION This Agreement is made by and between Lisa May Brehm of Cambria County, Pennsylvania ("Wife") and Michael A. Brehm of Cumberland County, Pennsylvania ("Husband"). 2. WHEREAS CLAUSES WHEREAS, the parties hereto are Husband and Wife, having been married on June 16, 2001 in Cumberland County, Pennsylvania; WHEREAS, certain differences exist between the parties and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to the settling of all interests, rights and/or obligations between them or their estates, whether arising out of their marriage, m,66 Lot 1 of 24 MAB LMB including, but not limited to: a) the past, present and future support, alimony pendente lite, alimony or maintenance of either party by the other party; and (b) the ownership of all assets of whatever nature, including assets acquired by either party prior to or subsequent to the date of execution of this Agreement; 3. CONSIDERATION NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Husband and Wife, intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 4. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 5. 5.01. Divorce Code. The phrase "Divorce Code" shall be defined as Pennsylvania C.S.A., Title 23, Section 101 et seq. (effective March 19, 1991). 5.02. Date of Execution . of This Agreement. The phrase "date of execution", "execution date" or "date of this Agreement" shall be defined as the date that the last party sig this Agreement. M.48 2 of 24 MAB LMB 5.03. Date of Distribution. Except where indicated otherwise, the phrase "date of distribution" of this Agreement shall be defined as the earlier of the date of. (1) death of one of the parties; or (2) the thirty-first day subsequent to the date on which an initial divorce decree is entered without an appeal having been taken, or, if such an appeal has been taken, on the date of receipt of notice of final confirmation of the initial divorce decree by the appellate courts. If the distribution date falls on a date when the court which entered the decree in divorce or to which appeal was taken is closed for official business, then the distribution date shall be the next day on which that court is open for official business. 5.04. Internal Revenue Code. The phrase "Internal Revenue Code" or "I.R.C." shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. References to sections of the Internal Revenue Code shall refer to sections of the Internal Revenue Code as of the date of execution of this Agreement. 5.05. Asset. The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held. 5.06. Effective Date of Agreement. This Agreement shall become effective and binding upon both parties on the execution date of this Agreement. 6. DIVORCE DECREE 6.01. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent, no-fault Divorce Decree in the above captioned divorce action. Husband has filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, Civil Term, 2005, No. 05-5914, seeking a divorce decree pursuant to, among other provisions, Section 3301(c) and Section 3301(d) of the Domestic Relations Code. M148 9? 3 of 24 MAB LMB The parties shall promptly file the affidavits and waivers required to obtain a divorce pursuant to § 3301(c) of the Domestic Relation Code. As defined in the Domestic Relations Code, the parties' marriage is irretrievably broken and they do not desire marital counseling. The parties shall also take all legal steps (including, but not limited to, the timely and prompt submission of all documents and the execution of appropriate waivers of the right to file exceptions and of the right to file an appeal) necessary to ensure that a divorce pursuant to § 3301(c) of the Domestic Relations Code is entered as soon as possible/within one (1) month, but in any event not later than two (2) months from the date of execution of this Agreement. 6.02. Responsibility for Proceeding With Divorce. Husband shall be responsible for the prompt filing of the Praecipe to Transmit the Record and the related required documents. Should Wife want a certified copy of the final divorce decree, Wife shall pay the required fee to secure that document. 6.03. Withdrawal of Other Actions. The parties further shall take all legal steps necessary to ensure that all pending petitions and actions between the parties (including, but not limited to counterclaims or petitions for economic relief), except for the divorce action referred to in Paragraph 6.01 (to the extent necessary to obtain the divorce), are dismissed with prejudice as soon as possible and that no similar actions are instituted, except to the extent necessary to enforce the terms of this Agreement. The parties agree that a custody complaint was filed previously, and that a final order of court regarding said custody action has been issued. Nothing within this paragraph shall require the parties to vacate the current custody order, nor shall anything in this paragraph preclude the parties from requesting modification of said custody order in the future. 4t4g imY 4 of 24 MAB LMB 6.04. Penalty for Delay. Notwithstanding the foregoing, if, after the execution of this Agreement, either party unreasonably delays or contests the obtaining of a final, unappealed divorce decree, that party shall exonerate and indemnify the other party against and hold the other party harmless from any liability and/or expense, including reasonable counsel fees, incurred as a result of such delay or contest in obtaining the decree. 7. EFFECT OF NO DIVORCE Except as otherwise provided for in this Agreement, this Agreement shall remain in full force and effect even if no final decree in divorce is entered. 8. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the nonbreaching party, shall include, but not necessarily be limited to, all of the following: for breach of contract, under theories of equity, and under the Divorce Code, including under § 3105 (which includes contempt). The provisions of this Agreement shall not be modifiable for any reason. 9. ADVICE OF COUNSEL Husband has been represented by Lesley J. Beam, Esquire of Kope & Associates, epresented by the Penn State Family Law Clinic. Each party LLC. W' haasbeen r RAB 5 of 24 Kix ke represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, distribution of property, or other financial benefits arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 10. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been disclosure of the parties' marital assets and debts and the parties' respective incomes. The parties agree to waive any further disclosure and proceed with a settlement of all financial assets and/or debts. 11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discoverynd verification of facts relevant to their respective rights and obligations, NA 1? 6 of 24 MAB LMB including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 12. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, which obligations are then borne by the other party, the other party shall have the right to (1) declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties; or (2) receive an order of alimony from the offending party, which amount shall reimburse the non-offending spouse for the total cost and/or the balance of the obligation at the time of the discharge, reasonable attorney's fees expended in the effort to be made whole, and all costs incurred in receiving said alimony amount. 13. MUTUAL RELEASES Except as otherwise expressly provided in this Agreement, Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: Claims Against Property or Estate: Any and all right, title, interest 7 of 24 MAB IMMB D and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights:. Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. /r1Q8 Vb 8 of 24 MAB LMB 14. WAIVER OR MODIFICATION No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 15. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 16. NO INTENDED THIRD-PARTY BENEFICIARIES This Agreement constitutes a contract binding between the aforementioned parties and those parties only. This Agreement provides rights and obligations only to the aforementioned parties. To the extent that this Agreement may benefit another party other than Husband or Wife either directly or indirectly, said party constitutes merely an incidental beneficiary of the Agreement and will be restricted from pursuing legal action should either Husband or Wife breach or allegedly breach this Agreement in any way. 17. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 18. BREACH If for y reason either Husband or Wife fails to perform his or her obligations owed MM y" "7 9 of 24 MAB LMB to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in the Pennsylvania Divorce Code, 23 Pa.C.S.A. § 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Consideration for Reasonable Attorneys Fees: Any award of "reasonable attorney's fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 19. INCOME TAX MATTERS MAA ??? 10 of 24 MAB LMB With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them arising out of such joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. In the event that any refund is received from any joint filing from a previous year after the execution of this Agreement, the parties hereby agree that the refund monies received shall be split equally between the two parties. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 20. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 'W6 11 of 24 MW LMB SECTION II EQUITABLE DISTRIBUTION OF PROPERTY 21. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 22. DISTRIBUTION OF PROPERTY AND DEBTS The parties' marital assets and debts shall be divided and distributed as follows: A. Real Estate: The parties hereto did not own real estate during the marriage, and therefore, no assignment of real estate is warranted in this agreement. In the event that either party acquired real estate subsequent to the physical separation of the parties in September of 2005, the other spouse hereby waives any and all claim to said real estate. B. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: All personal property currently in the possession of the MAg ? 12 of 24 MAB LMB Wife, as per the agreement of the parties. 2. To Husband: All personal property currently in the possession of the Husband, as per the agreement of the parties. 3. The parties agree that they have already divided the personal property in a manner that is agreeable to both. C. Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the vehicles have been sold or traded in prior to the date of this Agreement, and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: All vehicles currently in her possession, specifically including the 2001 Pontiac Grand Prix owned during the marriage, and the value therewith. Husband agrees to execute any and all paperwork to effectuate the transfer of the title of the vehicle into Wife's name only. The parties agree and acknowledge that this vehicle has been in an accident, and that the insurance company is currently holding a check for the proceeds which shall go to Wife upon receipt of the executed MSA. Husband and Wife agree to execute any and all required paperwork to effectuate the receipt by Wife of all insurance proceeds due for this incident. 2. To Husband: All vehicles currently in his possession, specifically including a 2002 Pontiac Grand Prix. 3. The parties have been and remain responsible for securing their own automobile insurance on all vehicles assigned to each, respectively, under this document as of the date of execution of this agreement. The parties agree that each party will be solely and fully responsible for any /y ?0-? 13 of 24 MAB L B uncovered expenses, costs and/or liability arising from any and all incidents and/or accidents involving their respective vehicles. 4. The parties further agree that any loans owed on these respective vehicles will be paid in full by the party to whom ownership is assigned under this Agreement. In the event that both parties are named on any loan associated with the payment of the vehicle, the party receiving said vehicle under this Agreement shall take any and all steps to refinance the vehicle in his or her name alone. D. Title Transfer: The vehicles owned by the parties respectively should be owned in full by whatever party with whom custody of the vehicle will lie in accordance with this Agreement. If any vehicle awarded under Paragraph C above should be titled in the names of both parties, the parties shall take all steps practicable to transfer title of the vehicle into the name of the party with whom custody of the vehicle will lay in accordance with this Agreement. Said title transfer of any vehicle under this section will be made in accordance with the law within ninety (90) days of the signing of this Agreement. All costs of the title transfer will be the responsibility of the person receiving title. E. Monetary Distributions: All funds in joint and separate accounts, including but not limited to savings, checking, and money market accounts, should be divided and distributed as follows: 1. To Wife: Any funds in Wife's separate accounts. 2. To Husband: Any funds in Husband's separate accounts. 3. The parties agree that there are no accounts open as of the date of execution of this Agreement which are held in the names of both parties. AMA 14 of 24 MAB LMB This includes, but is not limited to, savings, checking, and money market accounts. All monies held in joint accounts have been disbursed and distributed since the date of separation of Husband and Wife to the satisfaction of both parties. F. Investments: The parties' shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife: Any shares currently in her possession or name. 2. To Husband: Any shares currently in his possession or name. G. Life Insurance: The parties' life insurance policies and the cash value of said policies shall remain in the possession of the party under whose name the policy is held. Neither party is entitled to the value or a portion of the value of the life insurance policy of his/her current spouse. H. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401(K) Plan, Keogh Plan, Stock Plan, Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: Any and all accounts held in Wife's name. 2. To Husband: Any and all accounts held in Husband's name, specifically including the entirety of Husband's 401(k) account. 1. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and MB 15 of 24 MAB MB distributed as follows: 1. To Husband: a. Husband shall be solely liable for the following debts which were accrued during the marriage: (i) $1,447.84 of the debt on the Visa Account with Providian; (ii) the full balance of the Walmart credit account (which had a balance of approximately $293 at the time of separation); (iii) the full balance of the Capital One credit account (which had a balance of approximately $285 at the time of separation), and (iv) one- half (1/2) of the money demanded by collections to settle the parties' phone account at T-Mobile, which amount is anticipated to be $239.73 In the event that collections will not settle the account at that amount, Husband will pay one-half (1/2) of the settlement amount demanded, however, he must be given written proof in the form of statement and/or letter from collections stating the total demand. Husband shall make all payments under this subparagraph directly to the provider and/or lendor. b. Husband shall be solely liable for his student loan debt, defined as such as those loans taken in his name to finance his education. C. Husband shall be liable for any additional debts he has accrued in his name only since the time of separation of the parties as per the divorce complaint referenced above. 2. To Wife: a. Wife shall be solely liable for all remaining .monies owed on the Visa account with Providian, beyond the $1,447.84 that Husband will pay directly to Providian. Wife shall be responsible for all remaining monies owed to collections for payment of the 0'648 b?? 16 of 24 MAB LMB outstanding account with T-Mobile, intended to be one-half (1/2) of the monies owed to collections. b. Wife shall be solely liable for Wife's student loan debt, defined as such as those loans taken in her name to finance her education. C. Wife shall further be liable for any additional debts that have accrued in her name since the time of separation of the parties, as per the divorce complaint referenced above. 3. The parties hereby acknowledge that there are no additional debts under both parties' names which are not referenced, and assigned, within this Agreement. SECTION III COUNSEL FEES. SPOUSAL SUPPORT, APL, AND ALIMONY 23. COUNSEL FEES: Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other party except as otherwise expressly provided herein. 24. ALIMONY, APL, AND SUPPORT: The parties acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources for their comfort, maintenance and support. The parties acknowl ge that the cost of living may increase or decrease, that their respective M14A '(?? 17 of 24 MAB MB estates may increase or decrease in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore the parties hereby expressly waive, discharge, give up and release any and all rights and claims which they may now or hereafter have by reason of the parties' marriage, separation or divorce to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a Court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. From the execution date of this Agreement it shall be the sole responsibility of each party to sustain himself or herself without seeking any support from the other. 25. HEALTH INSURANCE FOR WIFE AND HUSBAND: Husband and Wife hereby represent that they have secured health insurance coverage for their respective selves. The parties agree to continue to pay for and secure health insurance coverage for their respective selves. The parties hereby agree that as of the date of execution of this Agreement and for all times forward, no party shall be responsible for the costs of health care coverage of the other. 26. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, /IM48 n% 18 of 24 MAB LMB both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she has had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Personalty Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than three hundred and sixty-five (365) days from the date of this Agreement. D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. J yt _ 119 of 24 MAB LMB E. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefore. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. H. Cancellation of Joint Debts: Any joint debt shall be cancelled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. 1. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter hIA8 20 of 24 MAB LMB incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. J. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. SECTION IV CLOSING PROVISIONS AND EXECUTION 27. MUTUAL COOPERATION - DOCUMENT EXECUTION: Wife and Husband covenant and agree that they will forthwith and within at most ten (10) days after demand therefore, execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or other writings as may be necessary or desirable for the proper effectuation of this Agreement, and which shall be executed in order to carry out fully and effectively the terms of this Agreement. Such documents include, but are not limited to, an affidavit of consent, a life insurance change of beneficiary, a life insurance application, deeds, trusts, mortgage applications or refinancing documentation, bank account or safe deposit box releases, checks, Escrowee letters of direction, IRS forms and other tax forms, transfers of automobile, boat or other assets involving certificates of title, letters to creditors, and health insurance A14#8 Y-Yll? 21 of 24 MAB LMB documents. 28. JURISDICTION: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. While the parties understand that they may from time to time remove themselves from the jurisdiction, it is their understanding and their intention that this Agreement shall be valid and effective without respect to where the parties are domiciled at any time in the future, or where in the world property owed or controlled by either party is located. If, under the laws of any other jurisdiction either party would be entitled to any right, power or interest under the laws of that jurisdiction, then only to the extent necessary to effect a complete waiver, release or relinquishment of such right, power or interest, and thereby effectuate this Agreement, the laws of such jurisdiction shall apply. If one or more provisions of this Agreement shall be held invalid or unenforceable under the laws of any jurisdiction, the parties intend that such invalidity or unenforceability shall not affect the remaining provisions, which shall nonetheless be valid and enforceable. If it is necessary that any invalid provision be replaced in order to interpret properly the remaining provisions of the Agreement, any such invalid provision shall be replaced by a valid provision which fulfills as closely as possible the intent and purposes of the invalid provision. It is intended by the parties that no additional rights be conferred on them other than as set forth in this Agreement by the laws of any jurisdiction whatsoever. 29. SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall continue in full force, effect and operation. m.6 22 of 24 MAB MB 30. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 31. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 32. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. Lisa May Brehm Date: %- )r (SEAL) Michael A. Brehm Date: ?Z.4, 40 QB 23 of 24 MAB M WITNESS: COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND On this, the day of k use , 2008, before me, a Notary Public, the undersigned officer, personally appeared Lisa May Brehm, known tome (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Dale Curtis Rose, Notary Public Jenner Up., Somerset County NO Public: My Commission Expires Feb. 4, 2010 Eale.. ! lS ?bSe COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND On this, the 1 day of hppe ?, 2008, before me, a Notary Public, the undersigned officer, personally aichael A. Brehm, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. ublic: /' - 1?- "cal **NY hiNc ?comw tftyM Y ?1 AM 24 of 24 ';:.)WN SORCilfp '- JR-41N COUNTY MAB LM L`;;: t 2420- _y ?a 70 t ? r -- i wool,? MICHAEL A. BREHM VS. LISA MAY BREHM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 05-5914 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. 2. Ground for divorce: Irretrievable breakdown under 3301 (c) ](WUVWb* cw. (Strike out inapplicable section) Date and manner of service of the complaint: The Complaint was certified mail signed by Defendant on 1/9/2006 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff 9/ 1 7/ 08 ; by defendant 8/14/08 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff s affidavit upon the respondent: 4. Related claims pending: There is a marital separation agreement executed on 9/17/08 that is InC0@.P0ekr6-d for enforcement 5. Complete either (a) or (b) purposes but not merged. a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the prothonotary: 9/22/08 Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: served by ? ? C? ?.. ? ? ' ? -?c, G ? a.J ? ?r ? / ?' y, i. ++??. ?. . y ?, `' ?. u,s??1 ?.'a "1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MICHAEL A. BREHM NO. 05-5914 VERSUS LISA MAY BREHM DECREE IN DIVORCE 11 fil ro ;uft AND NOW, IT IS ORDERED AND I vv, DECREED THAT MICHAEL A. BREHM PLAINTIFF, AND LISA MAY BREHM ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; T%7nikTP PROTHONOTARY r° -5 a- ol? ' 6 5(? , 9?F 6 a `