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HomeMy WebLinkAbout06-2722 Plaintiff V. J Lq v;a QREHM J)R. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 06- a7,;Q--CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 k5x P;Z'q &&A i8Rr#m IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA Y, No. 06- 2q2- IVIL TERM oTA"'6s I,?Vw BRE" -1R-. Defendant : IN DIVORCE nCOMPLAINT UNDER $3301(c) or (d) OF THE DIVORCE CODE 1. Plaintiff is POSE 61jeA1JbA &E" , who currently resides at Cumberland County, Pennsylvania. 2. Defendant is J mFs IRynt) 6RE1gM S , who currently resides at ? rye )00A)J)AR65q & OARI.5je- PA 17013- 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least the six months prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on N-E, 31 19902 at 5. The marriage is irretrievably broken, and the parties separated on 6. There have been no prior actions of divorce or annulment between the parties. i9911 7. Plaintiff, to the best of his/her knowledge and belief, avers that defendant is not in the military service of the United States of America, but is in fact living at the address given in Paragraph 2 above. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties participate in counseling. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. D e Plaintiff, Pro Se h Kos E ?12 bFA 13R6fM verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties for unsworn falsification to authorities as provided in 18 Pa. C.S. §4904. o(o Date: Plaintiff, Pro Se v Assisted by: Marylou Matas, Esquire Saidis, Flower & Lindsay 26 W. High Street Carlisle, Pennsylvania 17013 (717) 243-6222 c? ?' a c ?- ? ..ry:?'.?'. ? T'ft rT'Tt'. ..{ ..? t7 °r,'!, - ? ,i-r?? _ ^z _ {4? ' ? ' ,l ? " ? ? " t° i ? r ,_ -, ?., +=? p .G -c CP "-?C?e ?Iiza??Yl, 't" 'rv' Plaintiff V. jw ' J?rvm 3-e-kv , , Jr Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- , 7a -?- CIVIL TERM DIVORCE Kindly allow, Rose Elizabeth Brehm , Plaintiff, to proceed in forma an uperis. I, Marylou Matas, attorney for the party proceeding in forma a? uneris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Mar to atas Attorne for Plaintiff 26 W. High Street Carlisle, PA 17013 (717) 243-6222 c? ? o F fn -' N CD ca ROSE ELIZABETH BREHM, Plaintiff V. JAMES IRVIN BREHM, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSLVANIA NO. 06-2722 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this 7th day of June, 2006, 1 accept service of the Divorce Complaint. I certify that I am authorized to accept service on behalf of the defendant Akl-/ hlk-- Michlael-A.Scherer, Esquire ,.?„ ?; --s ,.. ?OSE cIlzabA ? Plaintiff v. jamn 'yVin 3rtf,nt, Jr. Defendant IN THE COURT OF CUMBERLAND COi PENNSYLVANIA NO. d 006 - 7aa CIVIL ACTION - IN DIVORCE PLEAS Notice is hereby given that Plaintiff in the above matter file a Complaint in Divorce filed on lr? ?Z(fa , hereby intends to resume and hereafter use her previous name of Rose E. Set ell , and gives this written notice avowing her inten ion in accordance with the provisions of the Act of April 2, 1980, P.L., 23 P.S. 702, effective Ju y 1, 1980. E. Brehm 6. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the_day of 200E personally appeared `Rc w E. i?r?hrn , a o known as ?R0 satisfactorily proven) to be the person whose name is sub acknowledged that she executed the same for the purposes SS IN WITNESS WHEREOF, I hereunto set my hand and ue&A.Ogftn,NolwyPublic Title" of Officer SouthMddebnTwp.,0M6W Wcowry WGim ionEVh*Sept24,MW MBelbW, PeM8*Mr a A8S0*M n Of Ndedw me, the undersigned officer e the I I known to me (or o the within instrument, and contained. seal. c mix' C4 s .? ROSE ELIZABETH BREHM, Plaintiff JAMES IRVIN BREHM, JR., Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed 05/12/06. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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 to the best of my 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: /J , / 9, 4940 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-2722 Civil Action - Law In Divorce 444m A, 4 K2,- 46? Rose Brehm, Now Known as Rose Setchell PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of 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 SAMIS, FLOWER & LINDSAY snotttaM-AT uw 26 West High Street Carlisle, PA 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 to the best of my 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: /D , /9.®lo ems. gJrA r Rose Brehm, Now Known as Rose Setchell DCT ISM r A ROSE ELIZABETH BREHM, Plaintiff/Petitioner JAMES IRVIN BREHM, JR., Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 2006-2722 Civil Action - Law In Divorce PETITION FOR EXCLUSIVE POSSESSION SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA AND NOW, comes Petitioner, Rose Elizabeth Brehm, by and through her attorney of record, Marylou Matas, Esquire, and the law firm of Saidis, Flower and Lindsay, and Petitions the Court as follows: 1. Petitioner, Rose Elizabeth Brehm, is the above named Plaintiff, and an adult individual currently residing at 212 Ponderosa Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent, James Irvin Brehm, Jr., is the above named Defendant, and an adult individual currently residing at an unknown location but who is represented in these proceedings by Michael Scherer, Esquire. 3. The parties are the joint owners of a trailer located at 210 Ponderosa Road, Carlisle, Cumberland County, Pennsylvania; Petitioner is the sole owner of real estate and a home located at 212 Ponderosa Road, Carlisle, Cumberland County, Pennsylvania. 4. The parties are the same parties to the above referenced divorce action which was initiated by Petitioner on or about May 12, 2006. 5. Petitioner fled the former marital residence in approximately March 2006 and moved in alternately with her mother or her friend, before returning to the former marital residence after confirming that Respondent had left. 6. After the date of separation, Respondent continued to live in the residence at 212 Ponderosa Road, for several months but failed to make 4 mortgage payments, utility payments or to otherwise maintain the property. FLOWER & LINDSAY A110EWMAi uw 26 West High Street Carlisle, PA 7. Petitioner's son returned to the residence with the intention of purchasing the property from Petitioner, but failed to maintain all payments consistently and moved recently. 8. Petitioner is not in a financial position to make mortgage payments on her own, with her limited income of $640 per month of social security disability. 9. Neither party ever lived in the trailer located at 210 Ponderosa Road, and instead rented that trailer out at times. 10. When Respondent lived at the home located at 212 Ponderosa Road, he failed to maintain the utility payments, including water and electricity, which are connected to the trailer; the trailer was rented to a couple during that time period and they continued to use the property despite the fact that it did not have connected utilities for several weeks. 11. The trailer is in disrepair and no one has lived there for several months; there is no utility connection and has not been for many months. 12. The mortgage company filed a mortgage foreclosure action on September 12, 2008, a copy of which is attached hereto as Exhibit A. 13. Petitioner has been served with a copy of said Complaint, but does not know if Respondent has received said Complaint since his address is unknown. 14. Petitioner has been unable to contact or locate Respondent since he has been released from Cumberland County Prison in approximately September 2006, where he was incarcerated for forgery. 4 4 15. For several months, Petitioner has been working with a local realtor to sell the property before it is lost to foreclosure and sheriff's sale. Petitioner's counsel did notify Respondent's counsel of the potential for sale of the real estate previously, in the hopes that Respondent would cooperate with any potential sale, but Respondent has not made himself available or known to Petitioner throughout the process. 16. A buyer has been secured for the property, with potential settlement to occur no later than October 31, 2008. 17. The sale price does not meet the mortgage balance due. 18. Petitioner has been approved for a short sale in the event the sale price does not meet the mortgage balance. 19. The buyer's lender will not approve the mortgage unless the buyer removes the trailer within thirty days of settlement. 20. Since the trailer located at 210 Ponderosa Road is titled in the parties' names jointly, Respondent must either be present for settlement, or Petitioner must have authority to transfer title so that it can be safely removed from the property. 21. Respondent has not had contact with Petitioner and Petitioner believes that he has failed to maintain contact with his own counsel for several months, and it is unlikely that he will make himself available to sign any SAIDIS, FLOWER & LINDSAY nrtom?tseruw 26 West High Street Carlisle, PA document to transfer title of the trailer at the date of settlement. 22. Due to Respondent's lack of contact and instability, Petitioner requests that she be awarded sole ownership of the trailer at this time so that she can properly transfer title to any third party at the time of settlement. 23. Respondent has legal counsel in this matter and any reasonable basis for Respondent's claim to this property for any reason can be accommodated 4 through negotiations between counsel through future equitable distribution proceedings. 24. A copy of this Petition was provided to Respondent's legal counsel of record, Michael Scherer, Esquire, who has indicated that he does not concur with the relief requested. WHEREFORE, Petitioner requests your Honorable Court grant Petitioner sole title to the trailer located at 210 Ponderosa Road, Carlisle, Cumberland County, Pennsylvania, and to allow Petitioner to have limited power of attorney to sign all settlement documents to sell the property located at 210 and 212 Ponderosa Road, Carlisle, Cumberland County, Pennsylvania. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Mar?idu tas, Esq--ire Attorney 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: Counsel for Plaintiff/Petitioner SAMIS, FLOWER & LIlVDSAY AnQFMM?AMAW 26 West High Street Carlisle, PA ROSE ELIZABETH BREHM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2722 JAMES IRVIN BREHM, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. Dated: Rose Eli beth Brehm IS & F R LINDSAY AT[OBNEIS.AT•uw 26 West High Street Carlisle, PA ROSE ELIZABETH BREHM, Plaintiff/Petitioner : No. 2006-2722 JAMES IRVIN BREHM, JR., Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law In Divorce CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the attached document have been served upon the following persons by the following means and on the dates stated: Name & Address Means of Service Date of Service Michael Scherer, Esquire 19 West South Street Carlisle, PA 17013 First Class Mail & Facsimile 10/07/2008 lV SAIDIS, FLOWER & LINDSAY .ut)WNEtS•AT LAW 26 West High Street Carlisle, PA Dated: /o/L,/bb Marylou I?t?tas, Esquire Attorney 1 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff/Petitioner LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD I ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF GREEN TREE CONSUMER DISCOUNT COMPANY 7360 SOUTH KYRENE ROAD TEMPE, AZ 85283 COURT OF COMMON PLEAS CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. NO. 0%-.54,41 0'wit leo-- ROSE E. BREHM, A/K/A ROSE E. SETCHELL JAMES BREHM, JR., A/K/A JAMES I. BREHM, JR., A/K/A JAMES IRVIN BREHM 212 PONDEROSA ROAD CARLISLE, PA 17015 COMPLAINT IN MORTGAGE FORECLOSURE DEFENDANTS NOTICE 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 defense 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, 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 in s As-'Cfda#ilny W« ;i f'al kniii Iny hal-ld d O sM at saki ' a t Cad", Pa. M, .4 ?Z IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY. FOR PLAINTIFF GREEN TREE CONSUMER COURT OF COMMON PLEAS DISCOUNT COMPANY 7360 SOUTH KYRENE ROAD CIVIL DIVISION TEMPE, AZ 85283 PLAINTIFF CUMBERLAND COUNTY VS. ROSE E. BREHM, A/K/A ROSE E. SETCHELL JAMES BREHM, JR., A/K/A JAMES I. BREHM, JR., A/K/A JAMES IRVIN BREHM 212 PONDEROSA ROAD CARLISLE, PA 17015 DEFENDANTS NO. COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE 1. Green Tree Consumer Discount Company (hereinafter referred to as "Plaintiff') is an Institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. Rose E. Brehm, a/k/a Rose E. Setchell and James Brehm, Jr., a/k/a James I. Brehm, Jr., a/k/a James Irvin Brehm (hereinafter referred to as "Defendants") are adult individuals residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between Rose E. Brehm, a/k/a Rose E. Setchell and itself as Mortgagee. The Mortgage, dated March 10, 1999, was recorded on March 12, 1999 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1526, Page 181. A copy of the Mortgage is attached and made a part hereof as Exhibit `A'. 4. The Mortgage secures the indebtedness of a Note executed by the Defendants on March 10, 1999 in the original principal amount of $116,850.00 payable to Plaintiff in monthly installments with an interest rate of 10.50%. A copy of the Note is attached and made a part hereof as Exhibit `B'. 5. The land subject to the mortgage is 212 Ponderosa Road, Carlisle, PA 17015. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 6. Rose E. Brehm, a/k/a Rose E. Setchell is the Record Owner of the mortgaged property located at 212 Ponderosa Road, Carlisle, PA 17015. 7. The Mortgage is now in default due to the failure of Defendants to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance $104,080.13 Interest to 8/27/2008 $8,869.71 Accumulated Late Charges $3,145.50 Property Inspections $29.15 Property Taxes $5,129.55 Deferred Interest $8,579.38 Appraisal $140.00 Accumulated NSF Charges $20.00 Cost of Suit and Title Search $550.00 Attorney's Fees $1,000.00 TOTAL $131,543.42 plus interest from 8/28/2008 at $16.57 per day, costs of suit and attorney's fees. 8. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchase at Sheriff's sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 9 10. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S. Section 1680.403c. The Notice of Homeowners' Emergency Mortgage Assistance was required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendants by regular and certified mail on July 16, 2008. A copy of the Notice is attached and made a part hereof as Exhibit `C'. H. The Mortgage is not a residential mortgage under 41 P.S. Section 401 because the principal amount of the Mortgage is in excess of $50,000.00 and, therefore, Plaintiff was not required to send the Act 6 Notice of Intention to Foreclose. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendants, in the sum of $131,543.42together with the interest from 8/28/2008 at $16.57 per day, costs of suit and attorney's fees. Law Offices of Gregory Javardian BY: /?Vo? ttorney ID 55669 r gory J arPlaintiff Attorney for EXHIBIT `A' ' ROBERT P. ZIEGLER 14 RECORDER OF DEEDS CUMBERLAtiD COUNT; - Commonwealth of Peawylvania • _q _q ? ' +cr2 bql1?jU Line For Recording Data OPEN-END MORTGAGEE Application It 9903030200 Loan S 6903109781 This Mortgage secures future advances 1. DATE AND PARTIES. The date of this Mortgage (Security Instrtuent) is .,,March 10, 1999 ................. ................._......... and the parties, their addresses and tax identification numbers, if required, are as follows: MORTGAGOR: Rose E. Brehm, aka Rose E. Setchell ? If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and acknowledgments. LENDER: Green Tree Consumer Discount Company 3401 Hartzdale Drive Suite 118 Camp Hill, Pennsylvania 17011 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys and mortgages to Lender the following described property: See Exhibit A ROD'ERT P. ZIEGLER RECORDEE OF DEEDS CUMBERLAND-COUNTY- PA" '99 (BAR 12 PM 2 03 The property is located in Cumberland ...... at (County) .... _, Pennsylvania . 17013 .............. :....._.__......_.... (Address) (City) (ZIP Code Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements. that may now,. or at any time in the future, be part of the real estate described above (all referred to as "Property"). 3. MAXII4[J14I OBLIGATION T The total principal amount secured by this Security Instrument at any one time shall not. exceed ..............16 , .. .. ......................................... .This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrwitent. Also; this:limitation;dom not apply to advances wadi tinder the terms of this Security instrument to protect Lender's securityand to perform `any of the covenants contained in this Security Instrument. 4- SECURED DEBT AND FUTURE ADVANCES. The term "Secu'r'ed Debt" is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all their extensions, renewals, modifications .or -"substitutions. (When referencing the debts below it is suggested that you include items such as borrowers' names, Rote amounts, interest rates, maturity dates, etc.) Note dated March 10, 1999, between Green Tree Consumer Discount Company and Rose E. Brehm, James Brehm Jr, for $116,850.00, maturing March 15, 2024. PENNSYLVANIA - MORTGAGE INOT FOR FNMA. FHLMC, FHA OA VA USE y M 'J¦ !page t Of 6t 01994 danker. Sy.%n-A. Inc.. SL ChmA, MN (,-a00.3$7_23/,t Form AE-PATGPA IW19 W Form W 11111184 $aaT 1526 s T aV? Y.81 B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances and future obligations that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations'are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. C. All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. All additional stuns advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument. This Security Instrument will not secure any other debt if Lender fails to give any required notice of the right of rescission. 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS, With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or cotpply'with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 8. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when duce. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing -Mortgagor's payment. Mortgagor will defend tide to the Property against any claims that would impair the lien of this .Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor 'way have against parties who supply labor or materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that tite nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mortgagor, and of any loss or damage to the Property. y 1 A 12-9- /Page 2 of 6/ 01994 BaNteo Syeteme, k,[., 9t. Claud, MN Ii-804387.2741) Form RE-MTU-AA 12118/94 P (? Vo w j.{5?5 {AGE A82 Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice. perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys and mortgages to bender as additional security all the right, title and interest in and to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases') and rents, issues and profits (all referred to as "Rents"). Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of this Security Instrument. Mortgagor agrees that this assignment is immediately effective. between the parties to this Security Instrument and effective as to third parties on the recording of this Security Instrument, and this assignment will remain effective until the Obligations are satisfied. Mortgagor agrees that Leader is entitled to notify Mortgagor or Mortgagor's tenants to make payments of Rents due or to become due directly to Lender after such recording, however Lender agrees not to notify Mortgagor's tenants until Mortgagor defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and Mortgagor's tenants pay all Rents due or to become due directly to Lender. On receiving notice of default, Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgagor's possession and will receive any Rents in trust for Lender and will not commingle the Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Mortgagor warrants that no default exists under the Leases or any applicable landlorditenant law. Mortgagor also agrees to maintain and require any tenant to comply with the terms of the Leases and applicable law. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development. 14. DEFAULT. Mortgagor will be in default if any party obligated on the Secured Debt fails to make payment when due. Mortgagor will be in default if a breach occurs under.the terms of this Security Instrument or any other document executed for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Lender that. Lender at any time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also constitute an event of default. 15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sun in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. BaoK 152 rACE d83 rpage 3 of Q 01994 Banters Sysama, fne., St, Claud, MN 17.900.397.23111 corm RE-MT6-PA 12/18191 s 16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law. Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CEiRCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances,"' "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal ruse and maintenance of the Property. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and shall remain in full compliance with any applicable Environmental Law. C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor shall take all necessary remedial action in accordance with any Environmental Law. D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 18. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terns of any prior mortgage, deed of trust, security agreement or other lien document. 19. INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails t. , &Aintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the iroperty according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immediately by Mortgagor. /page 4 of 6/ 01994 8-&." System". Inc.. St_ Cloud, MN 11-806397.2341! Form RE-M7G-PA 12119194 e?4? 15,2.6 PAGE 184 Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider` necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. Mortgagor agrees that Lender and any parry to this Security Instrument may extend. modify or make any change in the terms of this Security instrument or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terns of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATI&. This Security Instrument is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Security Instrument is complete and fully integrated. This Security instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not iffect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 24. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address on page 1 of this Security lnstruntent, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. 25. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating to the Property 1. 800K,5;26PAGE -ID !Page 5 of 61 CEOs ??6_ 91994 8-+kas Systwns, tnc- St. a .W. mu 11-904397.23411 Fwtn RE-MTG-PA 12/19194 26. OTHER TERMS. If checked, the following are applicable to this Security Instrument: ? Line of Credit. The Secured Debt includes a revolving -line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released. ? Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on the Property. ? Fixture Fling. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related to the Property. This Security Instrument suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Commercial Code. ? Purchase Money. This Security Instrument secures advances by Lender used in whole or in part to acquire the Property. Accordingly, this Security Instrument, and the lien hereunder, is and shall be construed as a purchase money mortgage with all of the rights, priorities and benefits thereof under the laws of the Commonwealth of Pennsylvania. ? NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. ? Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Instrument. [Check all applicable boxes] ? Condominium Rider ? Planned Unit Development Rider ? Other ................................................... ? Additional Terms. SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the terms and covenants contained in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. . :.._ .......... ........................................................................... (s`gnamrc)R?se. Brehm?? (D310 (Signature) - (Date) /Rose,'E Setc } ............. .................... ........................................................................ (WWnness) ..............._.................................................. ACKNOWLEDGMENT: Pennsylvania COMMONWEALTH OF .......................................... COUNTY OF On this, the . ?t h............ day of . AUch..19.9 s .......................... ? .,5 ............ . before me the undersigned officer, personally appeared . aoB? E : Brehm, James Brehm; Jr ............................................... :.... .........:.........................................................................., known to me (or satisfactorily proven) to be the jmmm(Qrwhose name(s) is subscribed to the within instrument, and acknowledged that he/she executed the same et rotlpuk •Ilterein contained. p' .? ' jlt•?e o NOT al. ARIAL UAL u8A .1. HANN =4 ? rn Res: NOTARY ARIC t t 1 ?IECHANI CUNIVAM COMM s' ''s % •, k W COMN? ANAL 2.4001 1E A c:.., 4bgpn/Nld ?•?..?' lade O! OAker .............................................................. It is hereby certified that -the address of the Lender within named is: ,. Green Tree Consumer Discount Company 34 . 01 .. Hartzdale Drive Suite lla, camp Hill, Pennsylvania 17011 ................................................................................................................................................ O 1894 8ar*-- SY-IWM. Mc.. St. Owd. MN I1-804397-23411 form RE-MTG-PA 12/19194 goo 1526PAGE 486 1Pa9e 6 of 6/ EXHIBIT A . Legal Description: ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF LOWER FRANKFORD, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN DEED DATED 01/10/92, RECORDED 01/28/92, APPEARING AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE IN DEED BOOK 35M, PAGE 566. Parcel ID: 14-05-0421-023 State of Pennsylvania ll County of Cumberland I 86 Re-Pd in 'he office for the reco ding of Deeds Ffc u: ? erl nd County, Pia, " in oc. 0.7= Pag ?jj y/. hand of offi 9 ' -.YthimI day of 'i9 •Keeoto8r C, 4u Aii BOOK 15' PAGE 187 EXHIBIT `B' .? -00-092 (10198) 0 APP # 9903010200 LN # 69-0310478-1 NOTE Marsh lot 1999 Carlisle Pennsxlvania ID.td Ickyl Istaaet _.,• 212 Ponderosa Road Carlisle, Pennoylvanla 17013 1Prop.ny Addree"I 1. BORROWER'S PR In return fora loan Clint 1 it me elf, 1 promise to pay U.S. $..ii6:a5o:oo (this amount is called "principal'), plus interest, to the order of the L ruder. Tile Lender is ... raen Trcc Conruvwr Discount CowlpanY. 3401 Hartsdale Drlve_Su;ta 11E, _Ca1nQ_Hill,- PA 7011 ..... .... . ...... .. .......... .... ._.. .. .. _ ._ ..._ ......... .......... ......... ..... .. .1...... I understand that the Lender may transfer this Note. '171e Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called lice "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. ) will pay interest at a yearly rate of. 10. 500t `Yo. Interest will he charged beginning on ......... March 15 1999 Tits interest rate reghirod by this Section 2 is cite rate I will pay hoot before and after any default described in Section 6(13) of this Note_ 3. PAYMENTS (A) Scheduled Payments I will pay principal and interest by making payments when scheduled: I will make .......300 .................... payments of $._1 t 103: 28.............................._..... each on the ................ 15th.......,...................... of each . Month.. ......................................................... rg? beginning on ... Aril I5, 1999 ............................ will make payments as follows: q?hn addition to the payments described above, 1 will pay a "balloon payment" of $ ................................... on .......................................... The Note Holder will deliver or mail to me notice prior to maturity that tile balloon payment is due_ Tll'ts 1Hnice will state the ballotnt payment lunount and the date iliac it is due. (0) Maturity Date anti Place of Payments I will make these payments as scheduled until t have plaid all of the principal and interest and any other charges described below that t may owe under this Nute. My scheduled payments will he applied to interest before principal. If. on March 15, 2029 ., I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." 1 will make my scheduled payments at ..._Green Tree : 7360 S: Kyrene Rd :, Tempe t AZ 85283 .........................................................................•--......._..................._......................... or at a different place if required by the Notd Holder. 4. BORROWER'S RIGHT TO PREPAY AND PREPAYMENT PENALTY ! have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment.' When I make a prepayment, 1 will tell the Note Holder in writing that 1 am doing so. ® I will pay a prepayment penalty of months interest on the_net unpaid loan amount if the entire ..... .... ........... ....... loan balance is paid within 36 months from the date of the loan. ........................... ...__................. ..............._..................................._............ ................................................................................................................... if i prepay this Note in full. Tile Note Holder will use all of my prepayments to reduce she anhouln of principal that i owe under ibis Note. It I make a partial prepayment, there will he no changes in lice due date or in the amount of my monthly payment unless the Note Holder agrees in writing to close changes. 5. LOAN CiIARGES If a law, which applies to this loan and which sets maxintum loan charges, is finally interpreted so than the interest or other loan charges collm-ted or to he collected in cAmocctiun with this loan exceed the pCnnitted lihnits, then: (i) any such itrAn charge shall he reduced by lice amount necessary to reduce cite charge to the permitted limit: and (ii) any sums already collected from me which exceeded pennitted limits will he refunded it) me. The Note Holder may choose to make this refund by reducing the principal 1 owe under this Note or by making a direct payment to site. if a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received lice full amount of any scheduled payment by the end of ........ 5......._. calendar days after the date it is due, I will pay a late charge to lite Note Holder. The amount of else charge will he 10 .000= 964XhJdl€SX?f9V&Rtl8I *kR3&0RY6MW I wit[ pa this late charge promptly but only once on each late payment. o t e unpa> payment or $20 00, whichever is greater. (B) Default if 1 do tint pay the full amount of each scheduled paymegt,con the date it is due, 1 will he in default- (C) Notice of Deratslt if 1 ant in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest iliac i owe on that amount. That date must he at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver Sy Note Holder Even if, at a time when 1 am in default, the Note Holder does not require me to pay immediately in full as described above, the Nate Holder will still have the right to do so if 1 am in default at a lacer tittle. (F_) Payment of Note holder's Costs anti Expenses if file Note Holder itas required site to pity immediately in full as described above, lite Note Holder will have tile right to be paid back by me for all of its costs acid expenses in enforcing this Note o the extent not prohibited by applicable law. These expenses include, for example, reasonable attorneys' fees. MULTIPURPOSE FIXED RATE NOTE (MULTISTATE) oT-15-00-0 10198t maga t(q?of of SVII-. Inn., St. C%C , M. r- OT-MPf1V0-LA2 101211" 7. GIVING OF NOTICES ' Unless applicable law requi• different macho d. ahy'notiee that mast he given to me under this Note will he given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address it A give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail it) the Note Holder at die address stated in Section 3(B) on page 1 of this Note or at a different address if i Ant given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one perstm signs this Note, each person is fully and personally obligated to keep all of the promises node in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including Lite obligations of a guarantor, surety or endorser of this Note. is also obligated to keep all of the promises made in this Note. The Note Holler ntay enforce its rights under this Note against each person individually or against all of us together. This n?cans that any one of us may be required to pay all of the amounts owed under this Note. 9. ARBITRATION All disputes, claims, or controversies arising frtzm or relating to this Agreement or the relationships which result from this Agreement, or the validity of this arbitration clausc.or the entire Agreement, shall be resolved by hinding arbitration by one arbitrator selected by Lender with Borrowei*s consent. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall he governed by the Federal Arbitration Act, Title 9 of the Ullltetl States Coale. Judgment upon the award rendered may he entered in any court having jurisdiction. The parties agree and understand that they choose arbitration instead of litigation to resolve disputes. The parties understand that they have a right or opportunity to litigate disputes in court, but that they prefer to resolve their disputes through arbitration, except as provided herein. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL, EITHER PURSUANT TO ARBITRATION UNDER THIS CLAUSE OR PURSUANT TO A COURT ACTION BY LENDER (AS PROVIDED HEREIN). The parties agree and understand that all disputes arising under case law, statutory law, and all other laws including, but suit limited to, all contract, tort, and property disputes, will be subject to binding arbitration in accord with this agreement. Borrower agrees that Borrower shall not have the right to participate as a representative or a member of any class of claimants pertaining to any claim arising from or relating to this Agreement. The parties agree and understand that die arbitrator shall have all powers provided by law and the Agreement. These powers shall include all legal and equitable remedies, including. but not limited tn. money damages, declaratory relief, and injunctive relief. Notwithstanding anything hereunto the contrary, Lender recants an option to use judicial or non judicial relief to enhwet: a security agreement relating to the collateral secured in a transaction underlying this arbitration agreement, to enforce the monetary obligation or to foreclose on the collateral. Such judicial relief would take the form of a lawsuit. The institution and maintenance of an action for judicial relief in a court to foreclose upon any collateral, to obtain a monetary judgment or to enforce the security agreement, shall not constitute a waiver of the right of any party to compel arbitration retarding any other dispute or remedy subject to arbitration in this Agreement, including the filing of a counterclaim in a suit brought by Lender pursuant to this provision. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" nlcass the right to require the Note Holder to demand payment of antiounts due- "Notice of dishonor" n)cals the right to require the Note Holder to give notice to otter persons that amounts due have not been paid. 11. SECURED NOTE In addition to the protections given to the Note Holder under this Note, a Mortgage, Deer) of Trust or Security Deed (the "Security Instrument"). dated the same date as this Note, protects the Note Holder from possible losses wl?ich (night result if i do not keep the promises which I make in this Note. That Security instrument describes how and under what contfitiors I may be required it) make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described a • follows: Transfer to the Property or a Beneliclal Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this Option shall not he exercised by Gender if exercise is prohibited by fccloral ]a*aas of the date of this Security Instrument. If Lender exercises this option. Lender slall.giyy Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from thc_ gate [lie notice is delivered or mailed within which Borrower must pay all sums secured by -this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security histrunnent without further notice or demand on Borrower. 12. BALLOON PAYMENT DISCLOSURE [Complete the balloon payment notice below if this Note provides for a balloon payment at Section 3(A) on page 1 of this Note.) THIS LOAN IS PAYABLE IN FULL ....... ..X./A ............................................................................................................. 1 MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. WHICH MAY BE A LARGE PAYMENT. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. 1 WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT I MAY OWN, OR 1 WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER 1 HAVE THIS LOAN WITH, WILLING TO LEND ME THE MONEY. IF I REFINANCE THIS LOAN AT MATURITY, 1 MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF 1 OBTAIN REFINANCING FROM THE SAME LENDER. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ........... ...................... .-.........??x??:`.:r'-" :..---................(Seal) Rose E. Brehm aKa Rc s?e E. Setchell a"••=w-. ?...... ...........................................(Seal) sores Brehm Jr .?„o,,,,„ ............ .........................................................................(Seal) .. P13';' :.?. ?. (Sign Original Only] 6«,t010 5"a M. Ire.. St. CIW.d. MN foam GT-MPFRN{AZ 10121/06 nT-15-00-092 (10/98) ip-ye 2 of 21 EXHIBIT `C' ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE July 16, 2008 ROSE E. BREHM A/K/A ROSE E. SETCHELL 212 PONDEROSA ROAD CARLISLE, PA 17013 JAMES BREHM, JR. 212 PONDEROSA ROAD CARLISLE, PA 17013 ROSE E. BREHM A/K/A ROSE E. SETCHELL 243 W. COLUMIBA ROAD APT. 5 ENOLA, PA 17025-2257 JAMES BREHM, JR. 243 W. COLUMIBA ROAD APT. 5 ENOLA, PA 17025-2257 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with You when you meet the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800- 342-2397. (Persons with impaired hearing can call (717) 780-1869). This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. IS NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): ROSE E. SETCHELL PROPERTY ADDRESS: 212 PONDEROSA ROAD, CARLISLE, PA 17015 LOAN ACCT. NO.: 88211906 ORIGINAL LENDER: GREEN TREE CONSUMER DISCOUNT COMPANY CURRENT LENDER/SERVICER: GREEN TREE CONSUMER DISCOUNT COMPANY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN S4VE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on you mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies' listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE, THE PART OF THIS NOTICE CALLED "HOW TO CURE YO MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -If you meet with one of the consumer credit counselingagencies listed at the end of this notice the lender may NOT take action against you for thirt y (30) days after the date of this meeting. The names, addresses and telephone numbers of design(ted consumer credit counseline agencies for the countv in which the nroDerty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer, credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. r AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Agency of its decision on you application. NOTE; IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT If you have filed bankruptcy you can stiff apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at 212 PONDEROSA ROAD, CARLISLE, PA 17015 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due from January 15, 2008 through July 15, 2008 at $784.82 per month. Monthly Payments Plus Late Charges Accrued: $8,560.76 Property Taxes: 5,129.61 Misc. Fees: 451.67 NSF Fees: 20.00 Property Inspections: 37.25 Suspense: ($0.00) TOTAL AMOUNT TO CURE DEFAULT $14,199.29 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $14,199.29 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payment must be made either by cashier's check certified check or money order made payable and sent to: Green Tree Consumer Discount Company, 7360 South Kyrene Road, T-213, Tempe, AZ 85283. Contact: Elizabeth Lopez You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable) N/A. IF YOU DO NOT CURE THE DEFAULT-lf you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon your mortgage property. IF THE MORTGAGE 1S FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney's fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paring the total amount then east due plus anv late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified to writing by the lender and by performing any other requirements under the mortga a Curing your default in the manner set forth in this notice will restore your mortgage to the same positron as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER- Name: Green Tree Consumer Discount Company Address: 7360 South Kyrene Road City & State: T-213, Tempe, AZ 85283 Contact name: Elizabeth Lopez Tel.: 1-480-333-6000 ext. 35289 EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You _ may or XX may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, Gregory javardian ATTORNEY FOR LENDER IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. CUMBERLAND COUNTY Acorn Housing 14 S. 13th Street Harrisburg, PA 17104 717.213.0150 Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Green Tree Consumer Discount Company ?.a - = ? '- __.? ?.._: - :, ...,.a Y ..> ,'t? 3 .? 9 .+?y . . . ROSE ELIZABETH BREHM, Plaintiff V. JAMES IRVIN BREHM, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-2722 CIVIL ACTION - LAW IN DIVORCE NOTICE YOU ARE HEREBY NOTIFIED to plead to the within New Matter within twenty days after service of this New Matter. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Marylo atas, Esquire Attorney d. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: 1 c/ Z/0 Counsel for Plaintiff SAIDIS, LENDSAY 26 West High Street Carlisle, PA • ROSE ELIZABETH BREHM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2722 JAMES IRVIN BREHM, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW, comes the Plaintiff, Rose Elizabeth Brehm, by and through her attorney of record, Marylou Matas, Esquire, and the law firm of Saidis, Flower and Lindsay, and Petitions the Court as follows: 1. The Petitioner, Rose Elizabeth Brehm, is the Plaintiff in the above captioned Divorce matter. 2. The Respondent, James Irvin Brehm, Jr., is the Defendant in the above captioned Divorce matter. 3. The parties hereto are husband and wife, having been married on December 31, 1992. SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 4. The parties separated on or about November 5, 2005 5. The Petitioner filed a Complaint in Divorce on May 12, 2006. COUNT ONE Equitable Distribution 6. The averments in Paragraphs 1 through 5 are incorporated hereto as if fully set forth herein. 7. During their marriage the parties have acquired certain property, both personal and real. WHEREFORE, the Petitioner requests this Honorable Court to equitable divide the marital property. COUNT TWO Costs and Expenses 8. The averments in Paragraphs 1 through 7 are incorporated hereto as if fully set forth herein. 9. The Petitioner is unable to sustain herself during the course of this litigation or pay the necessary and reasonable costs and expenses. WHEREFORE, Petitioner requests an award of costs and expenses. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Ma ou tas, Es re Attomey .84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: 1 v? 4 Counsel for Petitioner SAIDIS, FL ONWR & LMDSAY ATI , 26 West High Street Carlisle, PA ROSE ELIZABETH BREHM, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-2722 JAMES IRVIN BREHM, JR., : Civil Action - Law Defendant/Respondent : In Divorce VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. 4i2'(' C ' Dated: 1017) os Rose E. Setchell SAWIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA ROSE ELIZABETH BREHM, Plaintiff/Petitioner : No. 2006-2722 JAMES IRVIN BREHM, JR., Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law In Divorce CERTIFICATE OF SERVICE SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA This is to certify that in this case, complete copies of all papers contained in the attached document have been served upon the following persons by the following means and on the dates stated: Name & Address Means of Service Date of Service Michael Scherer, Esquire 19 West South Street Carlisle, PA 17013 Dated: l I/ ZIU 5 First Class Mail & Facsimile 10/0/2008 --m 0--"W (011 wc-? Ma) y4 o atas, quire Attorne 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff/Petitioner ? ??? ?_ ., "? 'ice .. '-'? ?. f--? ? ? ?`- ?= ? °i? t_•? ?'r ?? ? ? ` ?-r3 -r, 1 - '? n i _. ._a -?. ?_: ?? - . ? ' , , ? ` . = ? ROSE ELIZABETH BREHM, Plaintiff v JAMES IRVIN BREHM, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-2722 CIVIL ACTION - LAW IN DIVORCE AMENDMENT TO PETITION FOR EXCLUSJVE POSSESSION SAMIS, FLOWER & LINDSAY AT•JAW 26 West High Street Carlisle, PA AND NOW, comes the Petitioner, Marylou Matas? Esquire, counsel of record for the Plaintiff, and Petitions the Court as follows: 1. The Petitioner, Marylou Matas, Esquire,) is counsel of record for the Plaintiff, Rose Elizabeth Brehm, in the above captioned Divorce matter. 2. Petitioner filed a Petition for Exclusive Possession on Plaintiffs behalf on October 7, 2008. 3. Pursuant to Local Rule 208.3, the Petition for Exclusive Possession is hereby amended to state that there is no Judge previously assigned to this case. WHEREFORE, Petitioner requests your Honorable Court to amend the Petition and to take action on the Petition previously presented. Respectfully submitted, SAIDIS, FL?WER & LINDSAY Attorney Td. 919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: 10/05 / 0? Counsel for laintiff/Petitioner ROSE ELIZABETH BREHM, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-2722 JAMES IRVIN BREHM, JR., : Civil Action - Law Defendant/Respondent : In Divorce VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. C Dated: 10/ C)9 /0? Mary o atas, E ire SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA ROSE ELIZABETH BREHM, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-2722 SAMIS, FLOWER & L EVDS" 26 West High Street Carlisle, PA JAMES IRVIN BREHM, JR., : Civil Action - Law Defendant/Respondent : In Divorce This is to certify that in this case, complete copies attached document have been served upon the fo following means and on the dates stated: Name & Address Michael Scherer, Esquire 19 West South Street Carlisle, PA 17013 Dated: ( o/ocl /()?) Means of Service First Class Mail & Facsimile all papers contained in the ving persons by the Date of Service 10/09/2008 C'? ? :: _: ,? i '^ ? „r ^f'i ??' l(v ... .'t? T'=. . `y -?+ ? ? "'?. m ROSE ELIZABETH BREHM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND C6UNTY, PENNSYLVANIA V. : NO. 2006-2722 JAMES IRVIN BREHM, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE AND NOW, comes the Petitioner, Marylou Matas, Esquire, counsel of record for the Plaintiff, and Petitions the Court as follows: 1. The Petitioner, Marylou Matas, Esquire, is counsel of record for the Plaintiff, Rose Elizabeth Brehm, in the above captioned Divorce matter. 2. Petitioner filed a Petition for Economic (Relief on Plaintiffs behalf on October 7, 2008. 3. Pursuant to Local Rule 208.3, the Petition for Economic Relief is hereby amended to state that there is no Judge previously assigned to this case. WHEREFORE, Petitioner requests your Honorable Court to amend the Petition and to take action on the Petition previously presented. Respectfully submitted, SAIDIS, FLOWER & LINDSAY SAIDIS, LINDSAY 26 West High Street Carlisle, PA Dated: i D/G? l6?3 MafgloLd lat s, Esquire Attorney Id. 4919 26 West Hig h Street Carlisle, PA 17013 (717) 243-6 22 Counsel for Plaintiff/Petitioner 4 ROSE ELIZABETH BREHM, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-2722 JAMES IRVIN BREHM, JR., : Civil Action - Law i Defendant/Respondent : In Divorce VERIFICATION I verify that the statements made in the correct. I understand that false statements herein of 18 Pa. C.S. §4904, relating to unsworn I SAIDIS, FWNVER & LINDSAY xruw 26 West High Street Carlisle, PA Dated: 1 U/0 R (ob document are true and made subject to the penalties to authorities. FI This is to certify that in this case, complete copies of all papers contained in the attached document have been served upon the following persons by the following means and on the dates stated: Name & Address Means of Service Date of Service SAMIS, LINDSAY ,?TUw 26 West High Street Carlisle, PA ROSE ELIZABETH BREHM, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-2722 JAMES IRVIN BREHM, JR., : Civil Action - Law Defendant/Respondent : In Divorce Michael Scherer, Esquire 19 West South Street Carlisle, PA 17013 Dated: ( 01GW ob First Class Mail & Facsimile 10/09/2008 Marylou "t a s, EsgtriFe Attorney ID 8 919 26 West Hig Street Carlisle, PA 7013 (717) 243-62 2 Counsel for laintiff/Petitioner r' a r'l F- ? _?, cat . 7 s ROSE ELIZABETH BREHM, Plaintiff V. JAMES IRVIN BREHM, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2722 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR EXCLUSIVE POSSESSION ORDER OF COURT AND NOW, this 22nd day of October, 2008, upon consideration of the Petition for Exclusive Possession filed by Plaintiff, and following a telephone conference on October 20, 2008, with Marylou Matas, Esq., attorney for Plaintiff, and Michael A. Scherer, Esq., attorney for Defendant, and without the concurrence of Defendant's counsel, it is ordered and directed as follows: 1. Plaintiff, Rose Elizabeth Brehm (now known as Setchell), shall have sole ownership and title of the trailer located at 210 Ponderosa Road, Carlisle, Cumberland County, Pennsylvania; 2. The Pennsylvania Department of Transportation, or its designees as may be prescribed by statute, is authorized to facilitate the transfer of title to the trailer located at 210 Ponderosa Road, Carlisle, Cumberland County, Pennsylvania, to Rose Elizabeth Setchell individually, via a certificate of title or other means, subject to her payment of such fees as the Department may require; and 3. Rose Elizabeth Setchell shall be deemed to have a limited power of attorney to sell or otherwise transfer the real estate located at 210 and 212 Ponderosa Road, Carlisle, Cumberland County, Pennsylvania, without requiring the additional signature of James Irvin Brehm, Jr. BY THE COURT, ? Marylou Matas, Esq. Attorney for Plaintiff ? Michael A. Scherer, Esq. Attorney for Defendant rc e-s mew C r, , ? " 1 .3 Wd Z? 100 BUZ ,t8C)iNOI- 0d4d BHl J® ROSE ELIZABETH BREHM, Plaintiff V. JAMES IRVIN BREHM, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-2722 JUDGE OLER IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Rose Elizabeth Brehm, Petitioner, moves the court to appoint a master with respect to the following claims: ( X) Divorce ( X ) Distribution of Property (Equitable Distribution) ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite( X ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The Defendant, appeared in the action and is represented by counsel, Michael S. Scherer, Esquire. (3) The statutory ground for divorce is §3301 (d) (4) Delete the inapplicable paragraph(s). (a) The action is uncontested. (b) An agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: ALL. (5) The action does not complex issues of law or fact. (6) The hearing is expected to take: One day (7) Additional information, if any, relevant to the motion: SAIDIS, FLOWER & LINDSAY SAIDIS, FLOWER & LINDSAY ATIOMM A7 uw 26 West High Street Carlisle, PA Date: I (1 (c / 08 Maryl u as, Esqu' 26 West High Street Carlisle, PA 17013 ROSE ELIZABETH BREHM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2006-2722 JAMES IRVIN BREHM, JR., JUDGE OLER Defendant IN DIVORCE CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the attached document have been served upon the following persons by the following means and on the dates stated: Name & Address Michael S. Scherer, Esq. O'Brien, Baric & Scherer 19 W. South St. Carlisle, PA 17013 Means of Service First Class Mail Date of Service Date: i ? (o l Us SAIDIS, FLOWER & LINDSAY AT.?W 26 West High Street Carlisle, PA MarylbrrM s, Esquire Attorney ID 4919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff hob ?'? l _v? ?.?!€ ,?, . ?? ... _b_-. r"-i= ry'W? ROSE ELIZABETH BREHM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2006-2722 JAMES IRVIN BREHM, JR., JUDGE OLER Defendant IN DIVORCE ORDER APPOINTING MASTER AND NOW, this a day of 1406Nk ? 2008, &COW,) )Esquire, is appointed master with respect to the following claims: B THE COU , J. SAMIS, FLOWER & LINDS" 26 West High Street Carlisle, PA cc: Michael S. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Attorney for Defendant Marylou Matas, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff rty, ate{ !/- /n2 - o $ 2- ' c ) N Q s°--s ROSE ELIZABETH BREHM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-2722 JAMES IRVIN BREHM, JR., : Civil Action - Law Defendant : In Divorce DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed 05/12/06. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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 to the best of my 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: /-oZE 0q 6fames I. Brehm DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER& 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of 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 SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 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 to the best of my 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: ? o4,5''d9 James I Brehm OF THI 2009 OCT 14 Ate 10: S0 CUA ",alt AND ROSE E. BREHM, of Cumberland County, Pennsylvania, party of the second ROSE ELIZABETH BREHM, Plaintiff JAMES IRVIN BREHM, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-2722 Civil Action - Law In Divorce SEPARATION AND PROPERTY SETTLEMENT AGREEMENT -du THIS AGREEMENT, made this 5(6 day of 20(Z by and between JAMES L BREHM, JR., of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband', part, hereinafter referred to as" Wife", WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on Pennsylvania, and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; and WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; NOW, THEREFORE, in consideration and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: 1. Advice of Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they frilly understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Michael Scherer, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Marylou Matas, Esquire. 2. Warranty of Disclosure: The parties warrant and represent that they have made a full disclosure o f all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. 3. Personal Rights and Separation: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. 4. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. Tangible Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property. Wife agrees that all of the p roperty in t he p ossession o f H usband s hall b e t he s ole a nd s eparate p roperty o f Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with frill power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 6. After-Acquired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 7. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: a.) Each party shall retain sole and exclusive possession of any vehicle he or she has in his or her possession. Each party shall be solely and exclusively responsible for the payment of any loan associated with any vehicle in his or her possession. Each party shall make all such payments in a timely fashion as they are due. Each party shall hold the other harmless from and against all claims and action for collection activity whatsoever related to the loan associated with the vehicle in their possession. Each party shall make no claim to access to or use of these vehicles in the possession of the other and waives any interest he or she has or may have in these vehicles. b.) In the event it is discovered that any vehicles are titled in joint names, the parties shall sign whatever documents necessary to transfer the vehicles to each other's name individually within fifteen (15) days of execution of this Agreement. The person to whom the vehicle will be transferred will be responsible for the cost of the transaction. 8. Real Estate: During their marriage, the parties were joint owners of real property located at 210 a nd 212 Ponderosa Road, Cumberland County, P ennsylvania. From the date of separation forward, Wife shall be solely responsible for payment of the mortgage, taxes and insurance on the properties. Husband shall sign a deed to transfer his interest in the properties to Wife's name individually at the time of execution of this Agreement. Husband waives all ownership, access to and interest in the properties from the date of separation forward. 9. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. If it is discovered that any joint accounts exist as of the date of execution of this Agreement, the parties shall divide equally any funds in those accounts and promptly close those accounts within fifteen (15) days of execution of this Agreement. The parties waive and transfer any interest they have in the other's individual accounts, checking or savings that may have been established during the marriage. 10. Pension Interests: Husband hereby waives, relinquishes and transfers any and all of his right, title and interest he has or may have in Wife's pension or retirement account, as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. Wife maintains that she does not own or have an interest in any retirement, pension, investment account or the like. Wife hereby waives, relinquishes and transfers any and all of her right, title and interest she has or may have in Husband's pension or retirement account, as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. Husband maintains that he does not own or have an interest in any retirement, pension, investment account or the like. Each party is satisfied with the disclosure of the other as it relates to all interests of this paragraph and the terms of this document. 11. Investment Accounts: Each party waives any and all right, title or interest they have or may have in the other's investment accounts, stocks, bonds, mutual funds and t he 1 ike, t hat a re n of p reviously ide ntified as b ank a ccounts o r p ension int erests. Each party is satisfied with the disclosure of the other as it relates to all interests of this paragraph and the terms of this document. 12. Marital Debt: a. Post Separation Debt: Each party hereby confirms that they have not incurred any additional debt since their separation that has, in any way, obligated the other party. In the event that either party contracted or incurred any debt since the date of separation on o` , the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. b. Future Debt: From the date of this Agreement forward, neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. C. Marital Debt: At the time of separation, the following marital debts existed: a judgment against the parties in the amount of approximately $400, representing a dog bite case; $1300 owed due to outstanding medical bills incurred on behalf of Husband; $2000 owed due to outstanding taxes. From the date of execution of this Agreement forward, Wife shall be responsible for payment of the $400 judgment and the $2000 in taxes. Husband shall be responsible for the payment of the $1300 owed toward outstanding medical bills. In the event it is discovered that other debt is outstanding that was incurred during the marriage, it shall be the responsibility of the party in whose primary name it is listed to make full payment for the debt. 13. Warranty as to Post Separation and Future Obligations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. 14. Life Insurance: Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party shall sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policies. 15. Spousal Support, Alimony, Alimony Pendente Lite, and Spousal Maintenance: a.) Wife hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. b.) Husband hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. 16. Mutual Releases: Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge one another, and their respective heirs, estates, executors and assigns, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other, of whatever nature and wheresoever situate, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a kill, complete, and general release with respect to any and all property and income, past, present or future, except those rights, agreements and obligations, arising under this Agreement or for the breach thereof. 17. Divorce: At the time of execution of this Agreement, Wife has commenced an action for divorce against Husband. It is understood and agreed that any Decree in Divorce which may be issued between the parties shall incorporate this Agreement. Further: a.) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under §3502, et. seq. of the Pennsylvania Code, Act. No 1980-26. b.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. c.) The parties shall sign Affidavits of Consent and all other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the time of execution of this Agreement and return those documents to counsel for Husband. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. 18. Leal Fees: In the review and preparation of this Agreement each party incurred his or her own legal fees. 19. Non-Compliance: If either p arty f ails t o comply any provision o f this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such failure, in which event the non-complying party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. 20. Equitable Distribution: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 21. Summary of Ef ect o f A reement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 22. Tax Consequences: By this Agreement, the parties have intended to effectuate a nd b y t his Ag reement h ave e quitably div ided t heir m arital property. T he parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 23. Mutual Cooperation/Duty to Effectuate Agreement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 24. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 25. 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 be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 26. No Waiver of Default: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 27. 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. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 28. Effect of Divorce Decree: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 29. Waiver or Modification to be in Writing: 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. 30. Captions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 31. Agreement Binding on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 32. Governing Law: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNESSES: i.S? P3 aiCd`G1? R~ vy '4'!? 00. 70!gv Date AMES I. BREHM, JR. ?.a?? e,. Date ROSE E. BREHM COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this day of 2008, before me, the undersigned officer, personally appeared, JAMES L BREHM, JR., known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CU- rxber 10.r,(:L : On this A `day of )CLn (?2 r c / 2008, before me, the undersigned officer, personally appeared ROSE E. BREHM, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public NOTARIAL SEAL BARBARA E. STEEL, Notary Public Carlisle Borg, Cumberland County, PA M Commission Expires June 7, 2011 2?5 U-C -1 Pi ROSE ELIZABETH BREHM, Plaintiff VS. JAMES IRVIN BREHM, JR., Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2722 CIVIL IN DIVORCE ORDER OF COURT ?d AND NOW, this day of A,0J A& , 2009, the economic claims raised in the proceedings having been resolved in accordance with a separation and property settlement agreement dated September 25, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: X Marylou Matas Attorney for Plaintiff Michael A. Scherer Attorney for Defendant rn a l .lam l2> 1 es BY THE COURT, Edg a ey, ?? It L 'F?-, Vli?i„ t? i rJil,ti ROSE ELIZABETH BREHM, Plaintiff V. JAMES IRVIN BREHM, JR. Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on June 7, 2006, via his attorney, Michael A. Scherer. Proof of service was filed with the Court on July 11, 2006. 3. Date Affidavit of Consent required under Section 3301(c) or (d) of the Divorce Code was signed: By Plaintiff: October 19, 2006 and filed with the Prothonotary on November 2, 2006. By Defendant: September 25, 2009 and filed with the Prothonotary on October 14, 2009. 4. Related claims pending: Resolved by the Marital Settlement Agreement dated September 25, 2009 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: October 19, 2006 and filed with the Prothonotary on November 2, 2006. By Defendant: September 25, 2009 and filed with the Prothonotary on October 14, 2009. SAIDIS, FLOWER & LENDS" v tww 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-2722 IN DIVORCE Marylou tas, Esqulr€ Supreme -Court ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff RLB)-OFRCE OF THE PROTHONOTARY 2004 DEC -8 PM 3: 43 CUMEE -ice ? GOUNiY PD4NSYLVANIA IN THE COURT OF COMMON PLEAS OF ROSE ELIZABETH BREHM CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES IRVIN BREHM, JR. NO. 2006-2722 DIVORCE DECREE AND NOW, b e-e , I:S-, 7--,n ?, it is ordered and decreed that ROSE ELIZABETH BREHM , plaintiff, and JAMES IRVIN BREHM, JR. , defendant, are divorced from the By the Court, bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The terms of the Separation and Property Settlement Agreement dated September 25, 2009, are incorporated, but not merged into this Decree in Divorce. t: J. Proth notary j r ?a -if, la - Ig. I ? s