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Home My WebLink About13-5050 Supreme Co ''J o: :ea nsylvania Con , ,Com mO leas For Prothonotary Use Only: C Ji Ve Sfi t 1)7 1•' ,, t Docket No: / ca erland ` County So The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: I X' Complaint 0 Writ of Summons 0 Petition S ` S 0 Transfer from Another Jurisdiction 0 Declaration of Taking I Lead Plaintiff's Name: Lead Defendant's Name: C Frank & Helen Shimandle AAA Alpine Taxi Cab Company 'T Dollar Amount Requested: [lwithin arbitration limits I Are money damages requested? xi Yes 0 No 0 (check one) Ooutside arbitration limits N Is this a Class Action Suit? El Yes El No Is this an MDJAppeal? Yes x No A Name of Plaintiff /Appellant's Attorney: Douglas G. Aaron, Esquire Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) L___ Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that I you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 Nuisance Dept. of Transportation 0 Premises Liability ® Statutory Appeal: Other i S 0 Product Liability (does not include I E mass tort) 0 Employment Dispute: 0 Slander/Libel/ Defamation Discrimination C M Other: l Employment Dispute: Other 0 Zoning Board I T Subrogation ® Other: I 0 Other: O MASS TORT El Asbestos N 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS i 0 Toxic Waste 0 Other: ® Ejectment ®i Common Law /Statutory Arbitration t B 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent [3 Mandamus 0 Landlord /Tenant Dispute Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 i Quo Warranto I Dental l3 Partition IJ Replevin Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: [- Updated 1/1/2011 7 "n r IC` i HE PP,`J T H0110TARY DION, ROSENAU, SMITH & AARON BY: DOUGLAS G. AARON, ESQUIRQ A UG 26 PM 12: ATTORNEY I.D.: 54058 Atio for Plaintiff(s) 'SUITE 900 — 1628 JFK BOULEVARI)CUMBERLAND C0U1' 1 PHILADELPHIA, PA 19103 PENNSYLVANIA TELEPHONE: (215) 5617000 FRANK SHIMANDLE CUMBERLAND COUNTY 280 Summit View, Carlisle, PA 17013 COURT OF COMMON PLEAS HELEN SHIMANDLE 280 Summit View, Carlisle, PA 17013 vs. � . ` AAA ALPINE TAXI CAB COMPANY, LLC NO. J o c/o CORPORATION SERVICE COMPANY 2595 Interstate Dr., Suite 103, Harrisburg, PA 17110 EVELYN MILLSLAGLE 501 Windy Hill Rd., Lot 126, Shermans Dale, PA 17090 COMPLAINT IN CIVIL ACTION NOTICE AVISO You have been sued in court. If you wish to defend against La ban demandado a usted en la torte. Si usted quiere the claims set forth in the following pages, you must take action defenderse de estas de estas demandas expuestas en las paginas within twenty (20) days after this complaint and notice are siguientes, usted tiene veinte (20) dias de plazo al partir de la served by entering a written appearance personally or by fecha de es demanda y la notificaci6n. Hace falta asentar una attomey. and filing in writing with the court your defenses or comparencia escrita o en persona o con un abogado y entregar a objections to the claims set forth against you. You are warned la torte en forma escrita sus defensas o sus objeciones a ]as that if you fail to do so the case may proceed without you and a demandas en contra de su persona. Sea avisado que si usted no judgment may be entered against you by the court without se defiende, la corte tomara medidas y puede continuar la further notice for any money claimed in the complaint or for demande en contra suya sin previo aviso o notificaci6n. any other claim or relief requested by the plaintiff. You may AdemAs, la corte puedo decidir a favor del demandantes y lose money or property or other rights important to you. requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER derechas importances para usted. AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO LLEVE ESTA DEMANDA A UN ABOGADO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO OFFICE CAN PROVIDE YOU WITH INFORMATION TIENE EL DINERO SUFICIENTE DE PAGAR TAL ABOUT HIRING A LAWYER. THIS OFFICE MAY BE SERVICIO, VAYA EN PERSONA 0 LLAME POR ABLE TO PROVIDE YOU WITH INFORMATION ABOUT TELEFONO A LA OFICINA CUYA DIRECC16N SE AGENCIES THAT MAY OFFER LEGAL SERVICES TO ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERENCE SERVICE LAWYER REFERENCE SERVICE Cumberland County Courthouse, 4 Floor Cumberland County Courthouse, 4 Floor Carlisle, PA 17013 Carlisle, PA 17013 Telephone: 717- 240 -6200 Telephone: 717- 240 -6200 al # ya& DION, ROSENAU, SMITH & AARON BY: DOUGLAS G. AARON, ESQUIRE ATTORNEY I.D.: 54058 Attorney for Plaintiff(s) SUITE 900 —1628 JFK BOULEVARD PHILADELPHIA, PA 19103 TELEPHONE: (215) 5617000 FRANK SHIMANDLE CUMBERLAND COUNTY 280 Summit View, Carlisle, PA 17013 COURT OF COMMON PLEAS HELEN SHIMANDLE 280 Summit View, Carlisle, PA 17013 vs. AAA ALPINE TAXI CAB COMPANY, LLC NO. do CORPORATION SERVICE COMPANY 2595 Interstate Dr., Suite 103, Harrisburg, PA 17110 EVELYN MILLSLAGLE 501 Windy Hill Rd., Lot 126, Shermans Dale, PA 17090 COMPLAINT IN CIVIL ACTION 1. Plaintiff, Frank Shimandle, is an adult individual residing at the above - captioned address. 2. Plaintiff, Helen Shimandle, is an adult individual residing at the above - captioned address. 3. Defendant, AAA Alpine Taxi Cab Company, LLC, is a corporation licensed to do business in the Commonwealth of Pennsylvania with its principal place of business at the above - captioned address. 4. Defendant, Evelyn Millslagle, is an adult individual residing at the above - captioned address. 5. On or about January 6, 2013, plaintiffs were the owners of a motor vehicle which was being lawfully operated at or near W. High Street and S. College Street in Carlisle, Pennsylvania when a motor vehicle owned by defendant, AAA Alpine Taxi Cab Company and negligently and carelessly operated by defendant, Evelyn Millslagle caused a motor vehicle accident, causing plaintiffs to sustain property damages, rental expenses and other out of pocket expenses more particularly hereinafter set forth. 6. At all times material hereto, defendants were acting in an agency relationship with one another. 7. The aforesaid collision was caused solely as a result of the defendants' negligence and carelessness in that the defendants: a. failed to maintain a proper lookout; b. failed to yield the right of way; c. failed to keep an assured clear distance; d. failed to obey the rules of the road; e. failed to operate their vehicle at a reasonable rate of speed under the circumstances; f. failed to properly apply their brakes; g. failed to maintain control of their vehicle at all times material hereto; h. negligently entrusted their vehicle to an individual who they knew or should have known was incompetent to operate said vehicle; is were otherwise negligent and careless. 8. Solely as a result of the defendants' negligence and carelessness, plaintiffs sustained property damages to their vehicle rendering it a total loss in the net amount of $3,197.26 for which payment is demanded of the defendants herein jointly and severally. A true and correct copy of the total loss documentation is attached hereto as Exhibit A. WHEREFORE, plaintiffs demand judgment of the defendants, herein jointly and severally, in the amount of $3,197.26 together with interest, costs and fees. DION, ROSENAU, SMITH & AARON BY: U4 DOUGLAS G. ON, ESQYJIlbE Attorney for Pl ' ff(s) r� VERIFICATION I, DOUGLAS G. AARON, ESQUIRE, verify that the Statements made in the Plaintiffs' Complaint in Civil Action, are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 PA. C.S. Section §4904 relating to unsworn falsifications to authorities. DION, ROSEN , S N BY: DOUGLAS G RON, ESQUIRE Attorney for Plaintiff(s) CCC 0NE" 00� MARKET VALUATION REPORT INF ORMATIO N Owner: Frank Shimandle Report Reference Number: 48870867 280 Summit View Claim Reference: 003747711000000013001 Carlisle , PA 17013 Adjuster: Faulknercollisi, Camphill Insured: Frank Shimandle Adjuster ID: 448655 Loss Vehicle: 2000 Chrysler Town & Claim Submitted Date: 01/07/2013 Country 4X2 LXI 4 Door Van Date/Time Last Updated: Original 1 C4GP54L3YB501413 Appraiser: Adams, Michael VIN: 0468325 Odometer: 174,519 Appr. License: Location: Carlisle, PA 17013 Loss Incident Date: 01/05/2013 VALUATI Pennsylvania Statewide Value S2,992.00 This CCC ONE® Market.Valuation Report was prepared for Base Vehicle Value S3,100-00 USAA by CCC'Informafion Services Inc. The CCC The CCC Valuation (average of statewide $ as ee Valua of the l oss eh Re e.- CCC h s been preparing market a nd base vehicle values) — '- value reports for-the insurance industry since 1981. Adjusted Vehicle Value $ 3,046.00 Vehicular Sales Tax 6.00 S 182.76 - The:Base Vehicle Value is derived from comparable Sales Tax reflects all applicable state, county, and municipal taxes. vehicle(s).available or;recently sold in the marketplace at the time of valuation, with adjustments made.to.reflect the loss License /Fees (if applicable) vehicle configuration. 3 5228.7" 1.0 comparable vehicle(s) were .utilized in this repoit. Total $ Appraiser's Signature _ _ The.loss vehicle has been valued in the Pennsylvania region where it was garaged .as a older truck with 19% greater. than average.mileage of 146,600. (C) Copyright 2013 CCC Information Services Inc. All Rights Reserved. Page 1 of 13 USAA Confidential E I 0901119c8ba977f9 C C ONES f t •� • Owner: Frank Shimandle Claim Reference: 003747711000000013001 ALL VEHICLE Vehicle Allow Allowances are factors influencing the value of the loss Odom 174,519 -589.00 vehicle when compared to a typical vehicle. The typical Options ..vehicle is a vehicle of the same year, make, and model Power Passenger Sea Reported +26.00 as the loss vehicle, including average mileage, and all standard and predominant equipment: These allowances Memory Pack Reported +75.00 are displayed for illustrative purposes only. Leather Seats Reported +103.00 CD Player Reported +51.00 The Base Vehicle Value is calculated from the comparable Steering Wheel Touch Control Reported +13.00 vehicles with adjustments to reflect the loss vehicle A /Alloy Wheels R +38.00 configuration. Alarm Repo rted +38.00 Traction Control Reported +26.00 Luggage /Roof Rack _Reported _!^ +13.00 HIST VEHICLE Experia AutoCheck® No Title Problem Found National Highway Traffic Safety 2 Recalls Administration (C) Copyright 2013 CCC Information Services Inc. All Rights Reserved. Page 2 of 1 3 0901119c8ba977f9 USAAConfidential EXi CCC ONE Owner: Frank Shimandle Claim Reference: 003747711000000013001 LOSS VEHICLE COMPONENTS 2000 CHRYSLER TOWN & COUNTRY 4X2 LXI 4 DOOR VAN — CARLISLE, PA 17013 VIN: 1 C4GP54L3Y6501413 Below are the components of the loss vehicle, provided to CCC by USAA, included in this valuation. Odometer 174,519 3 Row Seat Standard Radio Transmission a AM Radio Standard Automatic Transmiss Standard FM Ra Standard Overdrive Standard Stereo Standard Power Cassette Standard Power Steering Standard Search /Seek Standard Power Brakes Standard CD Player Reported Power Windows Standard Premium Radio Standard Power Locks Standard Steering Wheel Touch Repot led Control Power Driver Seat Standard -- Power Passenger Seat Reported Wheels Power Mirrors S tandard Aluminum /Alloy Wheels Reported Decor /Convenience Safety /Brakes Air Co n d i t ionin g Sta Drivers Side Air Bag Standard Climate Co n t rol Reported Passe nger Air Bag Standard Rear Defogger Standard A larm Reported I An -Lo Br ( 4) Standard Inter mittent Wipers Standard _Traction Control _ Reported Tilt Wheel Standard Cruise Control Standard Exterior /Paint/G Ke Ent Standard Luggage /Roof Rack Reported Console /Storage Standard Rear Window Wiper Standard Ov erhead Conso Standard C learcoat Pa Reported Wood Interior Trim Reported Metallic Paint Reported Me Package Reported Fog Lam Standard Sea Privacy Glass Standard Leather Seats Reported Body Side Mo l d ings Stan Dual Mirrors Standard Re clining/Lounge Seats Reported _ Heated Mirrors _ — Standard Bucket Seats Standard (C) Copyright 2013 CCC Information Services Inc. All Rights Reserved. /. Page 3 of 13 USAA Confidential EX 4 t ■ 0901119c8ba977f9 CCC ONE Owner: Frank Shimandle Claim Reference: 00374771100000001300 VEHICLE CONDITION USAA uses condition inspection guidelines to determine the condition'of key components of the loss vehicle. These guidelines are based upon.geographic region, age, and•vehicle type. The guidelines_ describe physical characteristics for the major vehicle components. Based on these guidelines, USAA has determined the condition of the vehicle prior to the loss. Inspection Notes reflect additional observations from the appraiser regarding the loss vehicle's condition. CCC makes dollar adjustments that reflect the impact the reported condition has on the value of loss vehicle. These dollar adjustments are based upon interviews with dealerships across the United States. COMPONENT CONDITION VALUE INSPECTION INSPECTION IMPACT NOTES GUIDELINES Interior Seats Good $0 NC Carpets Good $0 NC Dashboard Good $0 NC Headliner Good $0 NC Exterior Body Good $0 NC Glass Good $0 NC Paint Good $0 NC Mechanical Engine Good $0 NC Transmission Good $0 NC Tires Front Tires Good $0 8/32 Rear Tires Good $0 8/32 Total Adjustments: $0 (C) Copyright 2013 CCC Information Services Inc. All Rights Reserved. Page 4 of 13 USAA Confidential EX 0901119c8ba977f9 CCC ONES _ - •.- Owner: Frank Shimandle Claim Reference: 003747711000000013001 VINGU VEHICLE IDENTIFICATIO 2000 CHRYSLER; TOWN -& COUNTRY - LXI 4 DOOR VAN: - CA RLISLE, _:PA 1701 -3 VIN: 1 C4GP54L3YB501413 Vehicles s' old in the United States are `required to -have a manufacturer assigned Vehicle Identification Number (VIN): This number provides certain specifications of the vehicle.: Decoding the VIN, .using VlNguard®, identifies.the vehicle for which vehicle value will be..determined. Insurer Description VlNguard® Analysis Year 2000 2000 Make Chrysler Chrysler Model/Trim Town & Country 4X2 LXI Town &Country 4X2 LXI Model Number 4Y54 4Y54 Body Style 4 Door Van 4 Door Van Engine 6-3.8L-Fl 6- 3.81 -Fi Transmission Automatic Transmission Overdrive -- — _ -- -- - -- - —_ — __..� - - -- - - -- - -- - - -...- . Restraints Air Bags (Driver +Pass.) Air Bags (Driver +Pass.) Curb Weight 4,048 This vehicle was assembled in ST LOUIS, MO VINGUARDO VEHICLE HISTORY INFORMATION VlNguard® Messages: VlNguard has decoded this VIN without any errors. (C) Copyright 2013 CCC Information Services Inc. All Rights Reserved. Page 5 of 13 JT 0901119c8ba977f 9 usAA confidential EX EDI Salvage Invoice FRANK,L- �HIMANDLE (Insured) 374 / / 11 rar"c I .,.L EDI Salvage Invoice oolbars . A security error has occurred. You are not authoriz to update. Provider Details I View Provider Profile Name: IAA SCRANTON Address: 103 THOMPSON ST IPITTSTON, PENNSYLVANIA 18640 - 01438 Phone 570 - 654 -1709 Dial Stock 10791231 Number: number Number: Customer / Vehicle ( View Loss Summary View Salvage Assignment Notebook Nu US A 1374 77 11 1 D ate Los 101 -05 -2013 Loss 13 Insured: FRANK J SHIMANDLE Report: Owner: FRANK J SHIMANDLE Vehicle: 2000 Chrysler Town & Country Lxi VIN: 1C4GP54L3YB501413 Odometer: 174519 ACV: $3,257.26 Stock 10791231 Number: Invoice Details I No Historical Invoice Status:lRejecte and 1 Assigned: 01-08-2013 Prior 0 Picked Up: 01 -10 -2013 Rej e c tions: Invoice 10791231 Agreement: Net bill Number: Invoice 02 -11 -2013 rr R e ce ived: Invoice Date: 02 -11 -2013 rr Invoice Paid: F Amount 1 $0.00 Paid: - Recovery Details Final FREMONT AUTO Negotiable 01 -25 -2013 Buyer: PARTS Title Received: 8125 WASHINGTON BLVD JESSUP, MD 20794- 00000 Certificate 01 -31 -2013 Received: Certificate 58238463001 US Number: Sale Date: 02 -06 -2013 Method Of Auction , Sale: Summary as of 02 -11 -2013 Monetary Details ln;mc /WrTnvnicPFinder? action= DISPLAY,�- nVer... �'/ EDI Salvage Invoice FRANK,.L,,SHIMANDLE (Insured) 374 77 11 L IF,- `3 Advanced ($85 .00 Desc ription (Amount (Amount Paid Charges Sale Price $250.00 $0.00 Pool Charges $105.00 Pool T $62.50 $0.00 Total Ch arges J$190.00 Sales $42.50 $0.00 Payments by $0.00 Commission USAA Payment To $60.00 $0.00 Pool Cred $0.00 USAA Gross $250.00 Initial Tow $85.00 Recovery $0.00 Total $0.00 Withheld $190.00 Netrecovery $60.00 Rejection Reasons Advance charges not approved for payment : Prepay salvage charges not approved P.[ihi Preyi6w A :'k :'k , Cancel _ «y . ^1 �,. e/nxlrrnvn;�PFin(iPr? act inn = DISPLAY &member... 5/16/2013 SHIMANDLE, FRANK J. - 0 747711 -Loss Summary oolbars { Refres Lo h`' f N es Exit: The deductible for Collision has already been waived. Bottom Payments Payment Settings Payments � � _ CLR HeID Review Payments Requested Date Amount Payees Issued Date Method Status 01/2912013 $500.00 FRANK ) SHIMANDLE 01/29/2013 Electronic funds Complete transfer 01/25/2013 $2,757.26 FRANK ] SHIMANDLE 01/25/2013 Electronic funds Complete transfer Refresh IkEzif T o Too IT n r. r.laimc /WrT.nCSSummarV 5/16/2013 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson - ;� 0'r f cCL , i aiC, P f'19 H0N0 i�, 4 , Sheriff et�i)xraitr�;r7,�� Jody S Smith S P .; i 1( : Chief Deputy ` Richard W Stewart `'' ` CUMBERLAND COUNTY Solicitor OFFICE OF THE SKRIFF PENNSYLVANIA Frank Shimandle Case Number vs. 2013-5050 AAA Alpine Tax Cab Company, LLC (et al.) SHERIFF'S RETURN OF SERVICE 08/26/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:AAA Alpine Tax Cab Company, LLC, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint&Notice according to law. 08/26/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Evelyn Millslagle, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Perry, Pennsylvania to serve the within Complaint&Notice according to law. 08/30/2013 10:49 AM -The requested Complaint& Notice served by the Sheriff of Dauphin County upon Jennifer Smith, Customer Service Associate,who accepted for AAA Alpine Tax Cab Company, LLC, at c/o CT Corporation, 2595 Interstate Drive, Suite 103, Harrisburg, PA 17110. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 09/04/2013 01:30 PM -The requested Complaint&Notice served by the Sheriff of Perry County upon Leoreed Millslagle, Husband,who accepted for Evelyn Millslagle, at 501 Windy Hill Road, Lot 126, Shermansdale, PA 17090. Carl Nace, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $62.00 SO ANSWERS, September 06, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. Frank& Helen Shimandle IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus Evelyn Millslagle No. 2013-5050 Cumberland Co. SHERIFF'S RETURN And now September 4 , 2013 : Served the within name Evelyn Millslagle the defendant(s) named herin, personally at her place of residence in Carroll Twp-501 Windy Hill Rd Lot 126 Shermans Dale- Perry County, PA, onSeptember 4 , 2013 at 1:30 o'clock PM by handing to Leoreed Millslagle, defendant's husband 1 true and attested copy(ies) of the within Complaint and made known to him the contents thereof Sworn and subscribed to'before me this day of So answers �;- -Rxathqaataq( Deputy Sheriff of Perry County COMIIRONWEALTH OF PENNSYLVANIA 'NOTARIAL SEAL MARGARET F.FLICKINGER,Notary Public Bloomfield Boro,Perry County My Comm ission Expires February 16,2016 Shelley Ruhl Jack Duignan Real Estal'e Deputy Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania FRANK SHIMANDLE VS County of Dauphin AAA ALPINE TAXI CAB COMPANY, LLC Sheriff s Return No. 2013-T-2431 OTHER COUNTY NO. 2013-5050 And now: AUGUST 30, 2013 at 10:49:00 AM served the within NOTICE & COMPLAINT upon AAA ALPINE TAXI CAB COMPANY, LLC by personally handing to JENNIFER SMITH * 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at C/O CSC, 2595 INTERSTATE DR, STE 103 HARRISBURG PA 17110 * CUSTOMER SERVICE ASSOCIATE Sworn and subscribed to So Answers, before me this 30TH day of August, 2013 Sheriff of D h Co a. By r COMMONWEALTH OF PENNSYLVANIA De uty Sheriff NOTARIAL SEAL Deputy: W CONWAY Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $47.25 8/29/2013 My Commission Expires August 17,2014 LAW OFFICES OF DION, ROSENAU & AARON ' " � i�Oktt ��'�: BY: DOUGLAS G. AARON, ESQUIRE 2 OA IDENTIFICATION NO. 54058 Attorney for P1ainti f P11 d: Qt SUITE 900, 8 PENN CENTER C#1�#� f �ANCi COl1tTY' 1628 JFK BOULEVARD PENNSYLVANIA PHILADELPHIA, PA 19103 (215) 561-7000 FRANK SHIMANDLE and : CUMBERLAND COUNTY HELEN SHIMANDLE : COURT OF COMMON PLEAS vs. AAA ALPINE TAXI CAB COMPANY, LLC : NO. 13-505bCIVIL c/o CORPORATION SERVICE COMPANY : and EVELYN MILLSLAGLE PRAECIPE TO SETTLE,DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter Settled, Discontinued and Ended. DION, ROS • • ' ( BY: _A 4 DOUGLA I . AA'•I , ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Corrie Dukes-Kesner, ) Plaintiff, ) vs. ) No. 13-5112 David Kesner, ) CIVIL TERM � Defendant. ) IN DIVORCE r-'. r_i MARRIAGE SETTLEMENT AGREEMENT Counsel of record: Hilary Vesell, Esquire for Plaintiff 395 St. Johns Church Road Camp Hill, PA 17011 717-761-7573 hvesell @kopelaw.com David Kesner, pro se 1918 Forster Street Harrisburg, PA 17103 Defendant 1 MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this dJ day of , 2013, by and between Corrie Dukes-Kesner, (hereinafter referred to as "Wife,") and David Kesner, (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, that Husband and Wife were lawfully married October 20, 2002; and WHEREAS, there were two children born of this marriage; Ethan Kesner, age 13, and Grace Kesner, age 8 and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. DEFINITIONS (a) Date of Execution of this Agreement. The phrase "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the parties if they each have 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. (b) Distribution Date. The phrase "distribution date" shall be defined as fourteen days following the entry of a final decree in divorce and the filing of Waivers of Appeals by each party. If the fourteenth day falls on a weekend or holiday, the distribution date shall be the next business date. 2 2. ADVICE OF COUNSEL The parties have had an opportunity to review the provisions of this Agreement with their respective counsel. Wife is represented by Hilary Vesell, Esquire. Husband is proceeding pro se and acknowledges that he has been advised that he should seek independent counsel and that Hilary Vesell, Esquire represents Wife in this divorce and has not provided any legal advice to Husband. Husband and Wife acknowledge that 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. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not at any future time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement. 3. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 4. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of the agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, follow, stalk, nor in any way interfere with the peaceful existence, separate and apart from the other. 5. DIVISION OF PERSONAL PROPERTY The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible marital property except for the bedroom suite that the 3 Husband may take from the marital residence. The Husband is also already in possession of a television set from the marital residence, which he may keep. Otherwise, neither party shall make any claim to any other such items of marital property, or to the separate personal property of either party, which are now in the possession and/or under the control of the other. The parties have equally divided all joint checking, savings and other non- retirement accounts to their mutual satisfaction. The parties agree to retain their separate financial accounts. However, the Wife will tender to the Husband $5,688.00 in cash upon the signing of this agreement, representing all marital funds to which the Husband is entitled. The parties acknowledge that the amount that Wife pays to Husband is subject Provision 8 of This Agreement. The parties agree to cooperate in transferring any title or document to accomplish the above distribution. Neither party will make further claim to any joint financial account following the distribution date of this Agreement. 6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE Neither party shall be entitled to spousal support or APL. 7. ALIMONY Wife and Husband represent and acknowledge that they each have sufficient property for her or his reasonable needs and are able to support herself or himself through appropriate employment and/or assets according to the standard of living which they are accustomed to and waive the right to receive alimony. 8. AUTOMOBILES The parties were the owners of two automobiles at separation, a 2003 Chevy Express and a 2003 Dodge Grand Caravan. The Chevy Express shall be the sole and exclusive property of Husband. The Chevy Express is paid off. The parties acknowledge that Wife has paid the insurance for the Chevy Express in the amount of$151.00. The parties also acknowledge that Wife will pay the costs to have the title transferred for the Chevy Express from Wife to Husband. The parties mutually agree that the amounts that Wife pays for the insurance and the cost to transfer the title for the Chevy Express shall be 4 deducted from amount that Wife owes to Husband pursuant to Provision 5 of This Agreement. The parties agree that the amount of$5,688.00 in Provision 5 of This Agreement that Wife owes Husband shall be reduced by $151.00 for the insurance cost and the cost to transfer the Chevy Express title to Husband. The Dodge Grand Caravan shall be the sole and exclusive property of Wife. The Dodge Grand Caravan is paid off. Should any action be required to transfer title or other document of ownership, the parties will take steps to transfer and reflect ownership as soon as possible after the distribution date. However, Husband agrees to transfer title of the Chevy Express into his name including all necessary insurance documents before signing this agreement. Both parties agree to assume all responsibility and hold each other harmless for any and all liability, including insurance, costs and expenses associated with ownership of the above. The costs of any title transfers or fees shall be borne equally by the parties. 9. DIVISION OF REAL PROPERTY The parties own one parcels of real estate. Residence. The parties were owners of real estate located at 20 Queen Avenue, Enola, Pennsylvania. This property shall be the sole property of Wife. The property is tilted in the name of the Wife. It is believed to be worth approximately $110,000.00. The residence has a mortgage in favor of M&T Bank with an approximate balance of$83,500.00. Wife agrees to indemnify and hold Husband harmless for this mortgage. There is also a second mortgage on the real estate in favor Citi Financial for approximately $10,500.00. Wife agrees to indemnify and hold Husband harmless for this mortgage. Should any action be required to transfer title or other document of ownership, the parties will take steps to transfer and reflect ownership as soon as possible after the distribution date. Wife agrees to indemnify and hold Husband harmless for any mortgage balance, tax, insurance or utility on their respective properties. 5 10. PENSION, RETIREMENT ACCOUNTS, INVESTMENT AND SAVINGS ACCOUNTS At the time of separation, the parties were titled to the following retirement accounts. N/A Neither party shall make a claim to a retirement or financial account of the other party. 11. MEDICAL INSURANCE Neither party is required to maintain medical insurance coverage for the benefit of the other party following the entry of a Decree in Divorce. 12. MARITAL DEBTS (a) During the course of the marriage, the parties incurred no joint obligations. Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist which provide for joint liability. From the date of execution of this Agreement, each party shall use only those cards and accounts for which that party is individually liable. (b) The parties have accumulated various debts during the marriage. Husband shall be solely responsible for the payment of any and all debt in his name. Wife shall be responsible for the payment of any and all debt in her name. Debts incurred solely in Husband's name: None. Debts incurred solely in Wife's name: None (c) Since separation, neither party has contracted for any debts, which the other will be responsible for and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. 13. FILING AND PAYMENT OF TAXES 6 The parties agree to file separate income tax returns for the year a decree in divorce is entered. The parties represent that they have filed all income taxes for each year up to the year a Decree in Divorce is entered. The parties shall file a separate income tax return for the year 2013. 14. DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and allow to be filed the necessary documents to obtain a divorce under Section 3301(c) or 3301(d) of the Divorce Code. 15. DEATH PRIOR TO DIVORCE If either Husband or Wife dies before the entry of a final decree in divorce between the parties, this Agreement is deemed to survive the death, and the parties, heirs or assigns shall enter into the same status as after the Agreement was entered into. 16. INCORPORATION This agreement is to be incorporated for the purposes of enforcement, but not merged into any subsequent Decree in Divorce. 17. CONTINUED COOPERATION The parties agree that they will, after the execution of this Agreement, execute any and all written instruments, assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this Agreement. 18. COUNSEL FEES Except as otherwise provided for in this Agreement, each party shall be responsible for his or her own legal fees and expenses. 19. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement or for seeking such other remedies or relief as may be available to him or her. 20. VOLUNTARY AGREEMENT The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable; that it is being entered into voluntarily; and that it is not the result of any duress or undue influence. 21. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 22. BINDING EFFECT This Agreement shall be binding upon the parties' heirs, successors and assigns. 23. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formalities as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 24. PRIOR AGREEMENTS It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this Agreement are null and void and of no effect. 8 25. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 26. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding effect whatsoever in determining the rights or obligations of the parties. 27. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 28. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. IN WITNESS WHEREOF, the parties set their hands and seals the day and the year first written above. /6 ej ,t, Witness Corrie Duke esner, Wife Ak&Zo te2i-ede Witness David Kesner, Husband 9 Commonwealth of Pennsylvania • /,, ' ss County of ��(.�n I°'.�.'�� aJi : PERSONALLY APPEARED BEFORE ME, this bday of ` - , 2013, a notary public, in and for the Commonwealth of Pennsylvania, C rrie Dukes- Kesner, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal ' / �� Della E.Fillers Witcher,Notary Public Juniata Twp.,Perry County V fir My Commission Expires June 21,2016 Notary Public MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES Commonwealth of Pennsylvania • : ss County of -( CI, : PERSONALLY APPEARED BEFORE ME, this 02Jday of y - , 2013, a notary public, in and for the Commonwealth of Pennsylvania, avid Kesner, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 0 I &kTCP/12A. COMMONWEALTH OF PENNSYLVANIA - No ry Public Notarial Seal Della E.Fillers Britcher,Notary Public Juniata Twp.,Perry County My Commission Expires June 21,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES CORRIE DUKES-KESNER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. • NO.: 13-5112 (CIVIL TERM) DAVID KESNER, •▪ CIVIL ACTION — LAW Defendant. •▪ IN DIVORCE ACCEPTANCE OF SERVICE I, David Kesner, the above-captioned Defendant, hereby accepts service of the Complaint in Divorce in the above-captioned matter. r /. Date: 7 -2S (s f David Kesner rn (-') • a''€7, S+ C- 43"7 - r