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Home My WebLink About14-0307 Supreme Co ennsylvania COUP ��o leas For Prothonotary Use Only: Docket No: Cu gland County 3 D 7 Gc The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the_filing and service ofpleadings or otherpapers as required by law or roles of court. Commencement of Action: S El Complaint El Writ of Summons Petition r7 Transfer from Another Jurisdiction r7 Declaration of Taking E C Lead Plaintiff s Name: Lead Defendant's Name: Chad Divens Keith Walborn T Dollar Amount Requested: El within arbitration limits Are money damages requested ? Ox Yes F 7 No (check one) r, outside arbitration limits a; N Is this a Class Action Suit? L7 Yes E No Is this an MDJAppeal? 0 Yes F1 No „A Name of Plaintiff /Appellant's Attorney: Kari E. Mellinqer, Esq. U Check here if you have no attorney (are a Self - Represented (Pro Sel Litigant) 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 you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS U Intentional ® Buyer Plaintiff Administrative Agencies E] Malicious Prosecution El Debt Collection: Credit Card ® Board of Assessment Motor Vehicle r Debt Collection: Other Board of Elections Nuisance Dept. of Transportation S Premises Liability r-71 Statutory Appeal: Other Product Liability (does not include mass tort) r7 Employment Dispute: E 0 Slander/Libel/ Defamation Discrimination ® Other: Employment Dispute: Other � Zoning Board � Other: T I r_7 Other: 0 MASS TORT Asbestos ' Tobacco r] Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste Ejectment 01 Common Law /Statutory Arbitration B Other: n Eminent Domain/Condemnation n Declaratory Judgment ® Ground Rent 0 Mandamus M Landlord/Tenant Dispute ® Non - Domestic Relations rl Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial 0 Quo Warranto Dental 17 Partition r] Replevin rJ Legal 0 Quiet Title Other: [ Medical Other: rl Other Professional: Updated 1/1/2011 R. J. MARZELLA & ASSOCIATES, P.C. BY: Kari E. Mellinger, Esquire Attorneys for Plaintiff, Pennsylvania Supreme Court I.D. No. 316046 Chad and Julie Divens, Individually 3513 North Front Street and as Parents and Legal Guardians Harrisburg, PA 17110 of Jordan Divens, and Jordan Divens Telephone: (717) 234 -7828 Facsimile: (717) 234-6883 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Chad and Julie Divens, Individually and as Parents and Legal Guardians /J of Jordan Divens, and Jordan Divens Docket No. 6 1009 Pennland Lane Hershey, PA 17033 Plaintiff V. Keith Walborn ) -- 909 Kochenderfer Road r Lebanon, Pa 17046; and Old Dominion Freight Line, Inc. JURY TRIAL DEMANDI3 , 100 Old Dominion Way Thomasville, NC 27360 Defendants PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue Writ of Summons in the above - captioned action. 1 Writ of Summons shall be issued and forwarded to () Attorney (X) Sheriff 1,03. 7SPd • a4 46* ,24a4,S Kari E. Mellinger, Esquire �- 3513 North Front Street Signature of Attorney Harrisburg, PA 17110 (717) 234 -7828 Supreme C urt No. 316046 Names /Address/Telephone No. of Attorney Date: 2 R. J. MARZELLA & ASSOCIATES, P.C. BY: Kari E. Mellinger, Esquire Pennsylvania Supreme Court I.D. No. 316046 Attorneys for Plaintiff, 3513 North Front Street Tina Smith Harrisburg, PA 17110 Telephone: (717) 234 -7828 Facsimile: (7171234 6883 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Chad and Julie Divens, Individually and as Parents and Legal Guardians of Jordan Divens, and Jordan Divens Docket No. P/- 307 1009 Pennland Lane Hershey, PA 17033 Plaintiff V. Keith Walborn 909 Kochenderfer Road Lebanon, Pa 17046; and Old Dominion Freight Line, Inc. JURY TRIAL DEMANDED 100 Old Dominion Way Thomasville, NC 27360 Defendants WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF(S) HAS /HAVE COMMENCED AN ACTION AGAINST YOU. Prot onotary 3 Date: by Deputy Check here if reverse is used for additional information. 4 _ r I-IE PRx0 H0N01li 2011 FEB 12 PM 3. 2 R.J.MARZELLA& ASSOCIATES,P.C. CUMBERLAND OOUavTY BY: Kari E.Mellinger,Esquire PENNSYLVANIA Pennsylvania Supreme Court I.D.No.316046 Attorneys for Plaintiff, 3513 North Front Street Tina Smith Harrisburg,PA 17110 Telephone: (717)234-7828 Facsimile: (717121L-6883 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Chad and Julie Divens, Individually and as Parents and Legal Guardians of Jordan Divens, and Jordan Divens Docket No. 14-307 Civil_ 1009 Pennland Lane Hershey, PA 17033 Plaintiff V. Keith Walborn 909 Kochenderfer Road Lebanon, Pa 17046; and Old Dominion Freight Line, Inc. JURY TRIAL DEMANDED 100 Old Dominion Way Thomasville,NC 27360 Defendants PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please re-issue Writ of Summons in the above-captioned action. 2 Writ of Summons shall be issued and forwarded to (x)Attorney ( ) Sheriff 120 3 01 6�-k Kari E. PJlellin er, Esquire 3513 North Front Street Signature of Attorney Harrisbur , PA 17110 Supreme Court ID No.86072 (� (7I ) 2;4-7828 Date: R\Harrburg,J MARZELLA& ASSOCIATES,P.C. i E.Mellinger,Esquire ia Supreme Court I.D.No.316046 Attorneys for aintiff, Front Street Tina Smith PA 17110 (717)234-7828 ar.qi i1e: (717)234-6883 IN THE COURT OF COM N PLEAS F CUMBERLAND COUNTY, ENNSYLVANIA Chad and Julie Dive , Individually and as Parents and Leg Guardians of Jordan Divens, and Jor Divens Docket No. _14-307 Civil_ 1009 Pennland Lane Hershey, PA 17033 Plaintiff V. Keith Walborn 909 Kochenderfer Road Lebanon, Pa 17046; a Old Dominion Frei t Line, Inc. JU TRIAL DEMANDED 100 Old Dominio Way Thomasville,N 27360 Defendants 7 WRIT OF SUMMONS REISSUED TO THE ABOVE NAMED DEFENDANT(S): SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson �L l}t` ; Sheriff tv 'r? 3 is j(� r.31 lb�P 11J IJ l 9\ Jody S Smith 2DIh FEB I i P 3: f�, Chief Deputy Richard W Stewart � �IELA � I;' Solicitor PENNSYLVANIA Chad Divens Case Number vs. Keith Walborn 2014-307 SHERIFF'S RETURN OF SERVICE 01/14/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Keith Walborn, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lebanon, Pennsylvania to serve the within Writ of Summons according to law. 01/17/2014 01:15 PM -The requested Writ of Summons served by the Sheriff of Lebanon County upon Keith Walborn, personally, at 909 Kochenderfer Road, Lebanon, PA 17046. Bruce E. Klinger, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.46 SO ANSWERS, January 31, 2014 RONN ANDERSON, SHERIFF WRIT OF SUMMONS No. 14-307 Civil J. Marzella & Associates, P.C. Return to Cumberland County Kari E.Mellinger,Esquire Chad and Julie Divens,Individually 3513 North Front Street and as Parents and Legal Guardians of Harrisburg,PA 17110 Jordan Divens, and Jordan Divens 717-234-7828 vs. Keith Walborn General File No. 14-00138 STATE OF PENNSYLVANIA} COUNTY OF LEBANON } SS: Brad Seyfert, Deputy Sheriff, being duly sworn according to law, deposes and says that he served the within WRIT OF SUMMONS upon KEITH WALBORN the within named DEFENDANT, by handing a true and attested copy thereof, personally to the defendant on January 17, 2014 at 1:15 P.M., in the Lebanon County Sheriff's Office located at 400 South Eighth Street, Lebanon (Lebanon City), Lebanon County, Pennsylvania, and by making known to the defendant the contents of the same. Sworn to and subscribed before me SO ANSWERS, This aKday of . 14CIPlat)011.4t , 20 pi tiofiy„, N^' 04), Notary Public J D' ' COMMONWEALTH OF PENNSYLVANIA By Authorization Of: Notarial Seal Debra Ann Johnson,Notary Public City of Lebanon,Lebanon County My Commission Expires Nov.20,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES i ^' K c 0 is SHERIFF SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced Costs paid on 01/16/14 Check No. 94617 Amount $ 150.00 Costs Incurred: Amount $ 73.10 Amount of Refund: Check No.98-I Amount $ 76.90 All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L. 1072 R. J. MARZELLA & ASSOCIATES, P.C. BY: Kari E. Mellinger, Esquire Pennsylvania Supreme Court I.D. No. 316046 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234 -7828 Facsimile: (717) 234 -6883 • -1 0 .0111/114 / 1 41. , ,',�l rp,r 1 f. �, i3cR iIj 0 Attorne s for S.)i;Eitlr N/A ' COUNTY Y �/� Chad and Julie Divens IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Chad and Julie Divens, Individually and as Parents and Legal Guardians of Jordan Divens, and Jordan Divens 1009 Pennland Lane Hershey, PA 17033 Plaintiff v. Keith Walborn 909 Kochenderfer Road Lebanon, Pa 17046; and Old Dominion Freight Line, Inc. 100 Old Dominion Way Thomasville, NC 27360 Defendants Docket No. _14 -307 Civil JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please re -issue Writ of Summons in the above - captioned action. 1 Writ of Summons shall be issued and forwarded to ( ) Attorney (X ) Sheriff G +s1I.1Spdaiy CL t!- L/ 2 Kari E. Mellinger Es_quire 351; North Front Street Harrisburg, PA 17110 (717) 234-7828 Signa ureofAtte ey Supreme Court ID No. 316046 Date:(5/k2 i f� SAG'' rf>A"elfA, R.J.MARZELLA&ASSOCIATES,P.C. BY: KARI E.MELLINGER,ESQUIRE PA SUPREME COURT I.D.No.316046 3513 NORTH FRONT STREET ATTORNEYS F iPLAINTIFF HARRISBURG,PA 17110-1438 TELEPHONE: (717)234-7828 FACSIMILE: (717)234-6883 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Chad and Julie Divens, Individually and as Parents and Legal Guardians of Jordan Divens, and Jordan Divens Docket No. 14-307_ 1009 Pennland Lane Hershey, PA 17033 Plaintiff V. : Keith Walborn 909 Kochenderfer Road ---- Lebanon, Pa 17046; and Old Dominion Freight Line, Inc. JURY TRIAL DEMANDED 100 Old Dominion Way Thomasville,NC 27360 Defendants PRAECIPE TO DISCONTINUE PURSUANT TO PA. R.C.P. 229 TO THE PROTHONOTARY, CUMBERLAND COUNTY: Please mark the above-referenced action as settled, discontinued and ended, with prejudice as to all Defendants. Respectfully Submitted, R.J.MARZELLA&ASSOCIATES,P.C. BY: KARI E.MELLINGER,ESQUIRE ` �Ir iJ ID No. 316046 DATED: ` `t" CERTIFICATE OF SERVICE I, Eliza J. Decoste, hereby certify that a true and correct copy of the foregoing document was served upon counsel of record this 26th day of Ausust , 2014, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: ROBERT MCDIVITT,ESQ. FINEMAN,KREKSTEIN,AND HARRIS 1735 MARKET STREET SUITE 600 PHILADELPHIA,PA 19103 (Attorney for Defendants Keith Walborn and Old Dominion Freight Line) R.J.MARZELLA&ASSOCIATES,P.C. BY: ELIZA J.956COSTE,LAW CLERK