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Home My WebLink About14-3364COMMONWEALTH OF PENNSYLVANIA COUR OMMON PLEAS Judicial District, County Of Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. /V/ Me NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT Keith Walborn and Old Dominion Freight Line MAG. DIST. NO. 09-2-02 NAME OF MDJ Honorable Jessica Brewbaker ADDRESS OF APPELLANT 909 Kochenderfer Road, Lebanon, PA 17046 CITY STATE ZIP CODE DATE OF JUDGMENT May 8, 2014 IN THE CASE OF (Plaintiff) Divens, et al. vs Walborn, et al. (Defendant) DOCKET No. MJ -09202 -CV -0000001-2014 SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial .District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy If appellant was Claimant (see PT -R. C. P.D.J. No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R. C. P. D. J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Jordan Divens, Julie Divens and Chad Divens appellee(s), to file a complaint in this appeal 2/n gamemof appellee(s) (Common Pleas No. 3 J(,[r ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of ap r attorney or agent RULE: To Jordan Divens, Julie Divens and Chad Divens , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: (/V. 20 it/ YOU MUST INCLUDE A COPY Ot fit NOTICE OFf,JU-DGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 �� 4 , ,F+`.3\ 1Qa � r, -• Signature of Prothonotary or Deputy aht4 *io3.sO/dally Cr -1f 7o» COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of JudgmentlTranscript Civil Mag. Dist. No: MDJ-09-2-02 MDJ Name: Honorable Jessica Brewbaker Address: 18 North Hanover Street, Suite 106 Business Central Building Carlisle, PA 17013 Telephone: 717-240-6564 Robert Eisen McDivitt III, Esq. Fineman Krekstein ET AL 1735 Market St Ste 600 Philadelphia, PA 19103 Disposition Summary Docket No MJ -09202 -CV -0000001-2014 MJ -09202 -CV -0000001-2014 MJ -09202 -CV -0000001-2014 MJ -09202 -CV -0000001-2014 MJ -09202 -CV -0000001-2014 MJ -09202 -CV -0000001-2014 Judgment Summary. Participant Chad Divens Jordan Divens Julie Divens Keith Walborn Old Dominion Freight Line Co (cc - Cross Complaint) Plaintiff Jordan Divens Jordan Divens Julie Divens Julie Divens Chad Divens Chad Divens Jordan Divens, Julie Divens, Chad Divens v. Keith Walborn, Old Dominion Freight Line Co Defendant Keith Walborn Old Dominion Freight Line Co Keith Walborn Old Dominion Freight Line Co Keith Walborn Old Dominion Freight Line Co Joint/Several Liability $0.00 $0.00 $0.00 $5,228.83 $5,228.83 Individual Liability $0.00 $0.00 $0.00 $0.00 $0.00 Docket No: MJ -09202 -CV -0000001-2014 Case Filed: 1/2/2014 Disposition Judgment for Plaintiff Judgment for Plaintiff Judgment for Plaintiff Judgment for Plaintiff Judgment for Plaintiff Judgment for Plaintiff Disposition Date 05/08/2014 05/08/2014 05/08/2014 05/08/2014 05/08/2014 05/08/2014 Amount $0.00 $0.00 $0.00 $5,228.83 $5,228.83 Judgment Finding (*Post Judgment) In the matter of Jordan Divens; Julie Divens; Chad Divens vs. Keith Walborn; Old Dominion Freight Line Co on MJ -09202 -CV -0000001-2014, on 5/08/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $5,056.33$0.00 $5,056.33 Costs $172.50 $0.00 $172.50 Grand Total: $5,228.83 MDJS 315 Page 1 of 3 Printed: 05/08/2014 10:43:30AM i✓ Jordan Divens, Julie Divens, Chad Divens v. Keith Walborn, Old Dominion Freight Line Co Docket No.: MJ -09202 -CV -0000001-2014 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. l. - Date Magisterial District Judge Jessica Brewbaker I certify that this is a true and correct copy offhe record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 2 of 3 Printed 05/08/2014 10:43:30AM Jordan Divens, Julie Diverts, Chad Divens v. Keith Walborn, Old Dominion Freight Line Co Private(s) Plaintiff(s) Participant List Robert Eisen McDivitt III, Esq. Fineman Krekstein ET AL 1735 Market St Ste 600 Philadelphia, PA 19103 Kari Elizabeth Mellinger, Esq. R J Marzella & Associates 3513 N Front St Harrisburg, PA 17110 Chad Divens 1009 Pennland Lane Hershey, PA 17033 Jordan Divens 1009 Pennland Lane Hershey, PA 17033 Julie Divens 1009 Pennland Lane Hershey, PA 17033 Defendant(s) Old Dominion Freight Line Co 500 Old Dominon Way Thomasville, NC 27360 Keith Walborn 909 Kochenderfer Rd Lebanon, PA 17046 Docket No.: MJ -09202 -CV -0000001-2014 MDJS 315 Page 3 of 3 Printed: 05/08/2014 10:4 3:30AM 1HE PR0T1i0h0"-TAI; ?OR SEP -5 pti 2: 5 R. J. MARZELLA & ASSOCIATES, P.C. BY: KARI E. MELLINGER, ESQUIRE CUMBERLAND COUNTY PA SUPREME COURT I.D. No. 316046 PENNSYLVANIA 3513 NORTH FRONT STREET ATTORNEYS FOR PLAINTIFF 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 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. 14-3364 JURY TRIAL DEMANDED 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, DATED: DATED: q/0 q/yl MY BY: R. J. MARZELLA & ASSOCIATES, P.C. KARI E. MELLINGER, ESQUIRE LAINTIFFS FINEMAN, KREKSTEIN, AND HARRIS, P.C. ROBERT E. MCDiVITT III, ESQUIRE FOR DEFENDANTS