BRETT DABE And RACHEL DABE, BRETT DABE HASN'T PAID MONEY TO ME FROM A COURT JUDGEMENT BUT IS BRAGGING ABOUT HOW MUCH MONEY HE IS MAKING ONLINE Cincinnati Ohio

I have read the court transcript. My remarks are sincere, truthful, and to suggest that they are not accurate and "nothing short of libel" has no basis in reality. My statements are not "allegations". The court had no reason to review these facts in the judges final decision because the basis for the decision of the court was contract law. The fact that the court did not mention everything that occurred between us in the decision does not change the fact that it happened. I could post the court transcript as evidence but I think it is time for a new approach.

NOTE TO GAIL: For whatever I said or did in the past to make you so bitter beginning in 2004, I sincerely apologize. I owe you money. Thanks for the reminder. It was not needed. One of the two judgments on your website has been paid. I have and continue to work out arrangements on the other. As I stated in my last direct email to you, when I have completed honoring some other commitments I have, I am open to discussing arranging payments to you. Your online war may not have any affect on my income producing efforts. On the other hand, it could. If it does, we both lose. If you choose to continue waging this online war, so be it. I am going to resist the overwhelming temptation to continue engaging. Best wishes. I pray that you find some peace and I sincerely mean that.

Unlike Brett Dabe, I continue to be focused on fact. His remarks above are nothing short of libel, and we intend to take him back to court and win - again. Not one of Brett Dabe's allegations were granted to him in the judge's final decision. This judgment is posted at BrettDabeOwesMeMoney.homestead.com.

Instead of responding to my email toward a resolution and honoring my request to cease and desist waging a war online, Gail is choosing a path that proves my point about her nature. It appears that I am going to be forced to post my own websites about what Gail and Dan of Niecon homes are capable of if you ever find yourself in a conflict with them. This back and forth is unfortunate.

Her most recent post entitled "Facts Regarding Breach of Contract By Brett Dabe and Rachel Dabe" simply confirms what I already acknowledged. Namely, I had a very difficult time financially between 2002 and 2004. Her post clearly attempts to make me appear as I could care less about her, her husband, and her business. I don't hold anything against them any longer and they will ultimately be paid. It is called tolerance and forgiveness. I truly feel that for them and believe they deserve that since others have certainly been tolerant and forgiving to me. They have a judgment and are earning 8% interest on that money. Not a bad investment in this market, right? And it is on record. My only escape would be bankruptcy and that is not something I anticipate having to do.

That said, I cannot simply allow posts to exist like hers without some type of response. If you read between the lines and you read my previous post on this matter, here is what the she has admitted to directly in the courtroom and indirectly in this blog:

1. Brett and Rachel leased a home from us that we had built and we leased it to them because we had been unable to sell it. We chose to lease it because we clearly were losing money on it each month. We are in business and made a business decision based on calculated risk knowing full well that Brett and Rachel were not able to purchase the home at that time. We were given authorization to do a background and credit check and requested documentation from Brett and Rachel prior to making a commitment. For more than 2 years, we did not have to pay for utilities, Home Owners Association Fees, carrying costs, and home and lawn maintenance. The lease agreement allowed us to present a stronger personal financial portfolio than what we had prior to June of 2002.

2. While leasing the home, Brett and Rachel paid 13 of the 26 lease payments between the 1st and the 5th of the month. The lease allowed for a five day grace period without incurring late charges similar to the way most mortgage companies provide a 15 day grace period for mortgage payments. (Comment from Brett: It turns out that our finances began to go south about one year in to the lease and it became difficult to stay ahead).

3. Since Brett and Rachel were struggling and were unable to purchase the home as planned, we did put the house on the market and Brett and Rachel cooperated with leaving the home during showings. The objective was clearly to sell the home to a buyer and then Brett and Rachel could move on. At no time did Brett and Rachel refuse to cooperate in efforts to help sell the home.

4. Although Brett and Rachel were late with payments and at times had checks that bounced, I must admit that they had paid every lease payment, late charge, and penalty related to this lease through August 1, 2004.

5. My husband Dan did visit the property on August 17, 2004 to deliver a Notice of Default letter for August rent and informed Brett that if he and the family did not leave within a few days, the sheriff's office would arrive to remove them. We were aware that Brett had a desire to keep the family in the school district for his special needs daughter because he communicated that to me directly. We were also aware that Rachel was very pregnant at the time. (Comment from Brett: Dan misled me into thinking an eviction could take place that quickly. I called the sheriff's department for clarification and was informed that the process would take at least weeks, most likely months. We chose to simply exit the home ASAP and were out in 2 weeks)

6. I did look to see who was leasing homes in the immediate area and made calls to discourage owners of homes from leasing to Brett and Rachel. I stated publicly in court that I did this as a form of "public service".

7. Brett and Rachel left the property by September 1, 2004 and we kept their security deposit of nearly $3,000 paid at the beginning of the lease term.

8. The home had clearly been cleaned thoroughly before Brett and Rachel left the home. Most of the bedrooms, the office, the dining room, the baseboards, etc. had been painted and the carpets had been professionally cleaned. Brett presented receipts in court of more than $1,000 toward this effort and testimony from himself and a remodeling professional that more than 150 hours of labor were invested the week prior to their departure from the home. Testimony was provided directly and indirectly that the home was left in very good condition.

9. The only significant purchase made after their departure was the replacement of the carpeting in the living room. The cost to replace that carpeting was less than $800. The home was sold as is with the exception of the carpet replacement and primarily labor on the part of my husband and myself.

10. Instead of pursuing an enforcement order with the court or attempting direct contact with Brett and Rachel, I have chosen to email individuals he does business with to caution them with words like, "Brett may not be the person you think he is....call me for the facts" and to post websites with his name that he cannot directly respond to.

Closing comment from Brett: I have debt that needs to be paid. I have either paid off debts already, worked out payment arrangements with others, or am in the process of doing so. In the mean time, I am diligently working to be productive and remaining focused on creating value in the market. This online exercise does nothing for me beyond wasting time and putting Gail and Dan at the bottom of the list.

1. Brett Dabe approached us and made an offer to lease then purchase a house we built.

2. Brett Dabe actually wrote the Lease Purchase Agreement (that he later breached).

3. Niecon Homes was never involved in this agreement.

4. 21 out of 26 monthly lease payments due from Brett Dabe and Rachel Dabe were received after the due date.

5. 13 out of 26 monthly lease payments were assessed late payment penalties due to being more than 5 days overdue.

6. Four (4) checks received from Brett Dabe were returned unpaid due to insufficient funds.

7. One (1) check received from Brett Dabe was returned unpaid due to signature did not compare because Brett Dabe forged Rachel Dabe's signature on the check.

8. Brett Dabe and Rachel Dabe lived in our house for a whole month without ever paying rent.

9. Brett Dabe and Rachel Dabe did not purchase the house as contracted; we sued and won the maximum allowable judgment in Butler County Municipal Court in the amount of $15,000.00.

10. We haven't yet been paid from Brett Dabe or Rachel Dabe from the court judgment; Brett Dabe was in a video recently bragging about the significant executive level income he makes.

Before I comment on the latest from Gail, I just wanted to comment that the Ripoff Report forum is interesting since anyone can open an account with a valid email address and make claims using a fictitious name and the only recourse I have is to respond to it on this blog. Anyone I am connected or associated with that needs to reach me about this or any other matter can do so at brettdabe@gmail.com.

That said, I acknowledge that there were videos online that are no longer there now. We have updated that site more than a dozen times in the last 6 months. It will certainly change in the future.

I have already acknowledged the conflict with Dan and Gail Niederlehner and I have directly reached out to them via email. My last email was sent 8 days ago. I have not received a response. However, in an effort to communicate with more clarity my position, here is what I sent on February 14th....

///\You know what....you are right....after going back and watching the videos, it was stupid and arrogant to post those.

I can understand your position.

I am owed money and if I saw that from people that owed me, it would be upsetting.

The reality is that I have not let go of the resentment I felt beginning on August 17, 2004. It had been a long haul, I agree, but everything had been paid to you with the exception of the August 1st rent. I was down, really struggling, actually physically ill with the flu, and the knock on my door and the lie from Dan that the cops would be at my door in a few days to kick us out if we did not pay was a real blow. My wife was 8 months pregnant and the school year was starting about a week later. Faith was making great progress in the special needs education program at the school up the street and we wanted her to continue to be in that program.

As I proceeded to call around to find another house and discovered that calls were going out from you to persuade those running advertisements not to rent to us, needless to say, I became a little upset.

I made efforts to help get the home sold with the showings we had, was willing to do more, and I invested substantial hours and money into the home prior to leaving. I was assured from a couple of your peers in the home building industry that the home was left in very good condition.

I felt that my actions demonstrated that, although I was clearly struggling financially, I did not at anytime have a plan or desire to directly or indirectly hurt you or your business.

I have been and continue to be in a place where I am owed money. I understand what that is like but we just do not see things the same way in terms of how to handle this kind of financial dispute. We are also clearly not on the same page about how to best handle the situation going forward.

So with that said, I am going to refrain from fueling this online war. I have purchased a few domain names but am going to refrain from going live with them and creating an environment on the Internet related to the names Dan and Gail Niederlehner that is different than what exists today.

I have two requests. I am actually OK with the Ripoff Report. I like the forum that allows communication from both sides of the conflict. What I would request, however, is that:

#1 - Please do not email individuals that I am associated with directly or post statements at random for people to read online. It is not going to help you get paid.

#2 - Please remove the website you have posted at homestead.com with my name in it. It is certainly going to appear on search engines soon and is one way communication. I cannot defend myself in that forum unlike Ripoff Report and it also will not help you get paid.

If you are willing to comply, I will work toward a payment resolution. I have accumulated debt that needs to be resolved and I have certain commitments that have to be met. As I get those obligations covered, I am willing to discuss a repayment as we enter the spring.

Please acknowledge and let me know.

///\I don't wish to continue having to go back and forth in this conflict and I really hate having to air out all the dirty laundry through this public forum.

On January 30, 2009, Brett Dabe was seen in an online video at dnadoesnotlie.com bragging about the money he makes in his job at one of the largest Fortune 500 companies in the country, along with "earning a significant level executive income" at Genewise Life Sciences. On the same date, there were over $28,000.00 plus interest in three separate court judgments from three different creditors of Brett Dabe in Butler County, Ohio alone.

Less than a week after exposing Brett Dabe's video and facts regarding judgments he owes, the website which aired the video was changed to remove the video. The following is a partial transcript of that video:

There are people, um, people like myself, earning a significant executive level income with this opportunity, and struggling at times to figure out why exactly am I still at my job. I love my job and I make good income, so that's why, that's the struggle for me, but the point is this, it's not shabby! Uh it's significant.

There's an opportunity here, but it's dependent upon you going to work. There's no free lunch, uh and there's no free lunch, uh, here as well. You have gotta go, uh, to work, and you gotta open your mouth and spread the word. Uh, it's not limited, the opportunity, the people that you know, there are lead generation systems, there is all kinds of opportunities out there, uh and all kinds of people looking if you want to find them, uh, for opportunities like this, and we can assist you with that.

Regardless of what your objectives are personally in terms of what you are looking to do, whether you're looking to cover a car payment or make a substantial income and leave your job, uh, there are plans, and there are ways that we can basically work together to help you do that. You just need to let us know where you're at and we'll help you and support you. That's our job. We get paid, literally, to help people make money.
Other aspects of the compensation I've not explained is that you have an opportunity to make a matching bonus up to 40% of the people that you enroll in the organization, and then some, and then some, so there's a lot of interest in helping people succeed.

My primary objective as I build this business is to help other people make money. Uh, it's a by-product. I make money when other people make money, and it's fun! I mean it is, it is, it's not corporate America, ok (chuckling), that's all I'll say . It's not corporate America. There's a new set of rules, and I like these rules a lot better than what I typically see uh in the traditional marketplace.

My name is Brett Dabe out of Cincinnati, Ohio, checking out.

I have known Brett for many years now and have been after him for most of those years. He promised me that if I invested in his efforts he would help me get ahead. At the time I was just starting out with part-time self-employment. I admit he was way ahead of me with equal experience. He literally spent my money (on what I don't know) and never produced one thing in return. Brett is really a nice guy, but very financially desperate. He has a nice wife named Rachel who is ill most of the time and 4 small children (of course they are much older now). I have recently had a stroke and could use the funds he owes me to pay medical bills. If anyone knows where he is, please let me know. Thanks and I hope we all find Brett again.

I saw the video and I think this guy might be running a pyramid scheme! Notify the feds asap so it doesn't turn into another Madoff!

question to brett - is there another side of the story for the other judgements too?

Hey dude, if you're making the money you say, pay up and move on.

My wife Rachel and I leased a home from Gail and Dan Niederlehner of Niecon Homes for 2 years from Summer of 2002 to Summer of 2004. The ripoff report Gail has filed does not provide the full picture.

I fought the accusations in court without representation of an attorney for some very specific reasons. I am not going to defend myself through this online forum, however, anyone that I am associated with that would like to hear the other side of the story can contact me.

Brett

YOU COULD HAVE INCLUDED HIS MOST RECENT CONTACT INFORMATION TOO AND THEY WOULD HAVE MADE HIM PAY...

I GUESS A GOOD ATTORNEY COULD HAVE GOTTEN WHAT WAS LEFT FOR YOU AND HIS OTHER CREDITORS...

Is it a coincidence that the website www.dnadoesnotlie.com has been changed within a week after posting on ripoff.com? The website no longer shows the video of Brett Dabe bragging of all the money he is making at the same time he owes victims in Ohio large sums of money in court judgements.

The disturbing video can still be viewed at:

http://74.125.47.132/search?q=cache:80S2djh9FAsJ:www.dnadoesnotlie.com/+brett+dabe&hl=en&ct=clnk&cd=10&gl=us

Listen to the Closing Video on the link above.

You need to return to the court that granted you the judgment and request an enforcement order. The enforcement order can include any of the following:

garnishment of wages
levy against bank accounts
levy against any state tax refunds
lien against real property
lien against any property of value; auto, truck, RV, boat, ATV, etc.