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Home My WebLink About99-032471 FAFILMDATAFILMDONEOAL.D0P14.C0MAM. C.,cd. 05115/99 09 25 11 AM Bcvirzd: 0925N909.5940 AM 505014 DONEGAL MUTUAL INSURANCE COMPANY, as Subrogee of RIVERS M. GROVE, Plaintiff V. OMER JACKSON McFALLS, IV, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 -,3aO,-l CIVIL 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 defenses 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 Plaintiffs. 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 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 By V),-J ('-- `) Snn1"n'l1L-- Daniel K. Deardorff, Esquire U? I.D. No. 17837 Attorneys for Plaintiff Dale: June 1, 1990, DONEGAL MUTUAL INSURANCE IN THE COURTOF COMMON PLEAS OF COMPANY, as Subrogee of CUMBERLAND COUN'T'Y, PENNSYLVANIA RIVERS M. GROVE, Plaintiff V. OMER JACKSON McFALLS, IV, Defendant : CIVIL ACTION - LAW : NO.99- CIVIL • 3447 COMPLAINT 1. Plaintiff Donegal Mutual Insurance Company as Subrogee of Rivers M. Grove is n licensed insurance company with its principal office at 1195 River Road, Marietta, Lancaster County, Pennsylvania. 2. Defendant Omer Jackson McFalls, IV, is an adult individual who resides at 477 Wolf's Bridge Road, Carlisle, Cumberland County, Pennsylvania. 3. On or about October 18, 1997, Defendant entered the home of Rivers M. Grove in Orrtanna, Pennsylvania and caused damage to the personal property in the home and the structure of the home. 4. Plaintiff insured Rivers M. Grove's premises and because of the damage to the premises caused by Defendant, Plaintiff was required to pay for said damage in the amount of $4,319.12. 5. Plaintiff paid Rivers M. Grove $2,286.78 for damage to the personal property in the premises. Proof of payment is attached as Exhibit "A" attached hereto. 6. Plaintiff paid Rivcrs M. Grove $1,932.34 for damage to the structure as evidenced by Exhibit "B" which is attached hereto, 7. Defendant caused said damage to the premises of Rivers M. Grove by his intentional acts and/or negligent acts. WHEREFORE, Plaintiff demmndsjudgment against Defendant in the amount of $4,219.12. MARTSON DEARDORFF WILLIAMS & OTTO By__?_? Daniel K. Deardorff; squuc (ae I.D. No. 17837 'fell East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys firr Plaintiff' Dale: June 1, 1999 Exhlblt A A AY7 L.. ..° ' ! ',a t ? 1. ,. ,.? r IYJ16f'? TM??('1,?. ? f ?? vur -. `' T ?. ; ..-.. .._.. .? . e , ... '. i 1•?? ? ".rr r: •1 ? rl 4irv ..r.?A/WYY °°'- L ,. •? . ? 7T .JtiJJ ,14 ?;?111, I:, • ra. ? 1 •y. ' ? a I DONEGAL COMPANIES -: P.O. SOX 902, MARIETTA, PA 17504702 ti -rt 1 -.. POLICY N0.y1 ?'-i=B43i2S7L DRAWN ON COMPANY MARKED ONO [?y ATLANTIC STATES INS. CO. DELAWAE ATLANTIC INS, . C? DONEGAL MUTUAL INS. CO. O LINO. K 337a • ' 51, ? PIONEER INS. CO. ? SOUTHERN INS, CO. OF VIRGINIA DR ACCIDENT 1 ! ,-11 . __,_OAIE ISSUED •tl'20? _ O 66912 919 ?.2r_?i,???i1f.$'i1d Oi".arc,AT,O?.Y.,,t nin.u„A?L'.{Y11..DtI!uf>17L!1?'iL' APt?TL'0.- -. .? -'.',•.'BECAUSE OF INJURY TO PERSON OR PPOPEHTy ON OR Al1tJUT 111E A110VE l.OSIACCIOfNT HATE AMOUNT ?r-••I• ?JG}.?a-- L ?..r ../ .. ? rP!71fc_1Mn? ? °-? _OOILAR4L•'1.1 . To y IAr' i'iW3 ? __ .. <1 :: r FARMERS IINST SANK MAMETLA,VGINGYLVANIA YODII NUT 1-11LBENIEU WITHIN 6 MONTHS FROM ISSUE DATE' rota ?, BXIIII3IT "A" I Exhibit B I Ir; .. n +•? r . '-..t :? ? ....:r ? .,. ?:t ;.. .:. •"] .. o• ?r•L h 1k .?..+w•w. }Y?yy?.R "'r??}r T,;.. L:.:? ? •? ??AIPOII JToJI • • DONEGAL COMPANIES P.O. BOX 702, MARIETTA, PA 17541-0302 I POUCY IN PAYMENT OF{ x•4449? E•u Qgm6L-k BECAUSE OF INJURY TO 4•f 1::1(.C4?. l.:;i.?.?JySt :. I n.: J 1V DRAWN ON COMPANY MARKED ? ATLANTIC STATES INS. CO. ? DELAWARE ATLANTIC INS. CO. 9 DONEGAL MUTUAL INS. CO. ? PIONEER INS. CO. ? SOUTHERN INS. CO. OF VIRGINIA DATE OF LOSS _ OR ACCIDENT 1.3 its P-1 1 SPAY r ?VJC?} GpOdQ,' ?TTHi 1`t3?1 0?o R`;' j .. j. ofoeR QFr?tt?•t?',aA 1'1'3s3 FARMERS FIRST BANK" • MARIETTA, PENNSYLVANIA ' .?hy A _` Z . nNl:?...". 'fin .e:IG t•h. i e`'. EXHIBIT "B" CHECK NO. 337392„2 ACCIDENT DATE ¢a ?.BLE _ . : VOID IF NOT PRESENTED WITHIN 0 MONTH$ FROM ISSUE DATE' 11 Christine E. Myers, who is Claim Representative of Donegal Companies and acknowledges that she has the authority to execute this Verification in behalf of Donegal Companies certifies that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief: To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Donegal Companies Cliristine E. Myer ' F.IFILEMATAFILCIDON[GAL DG(?149.COM. ISRSI9, I; I i I I i I? I ,I , /, 669 Piw ell "I. 9 ?s Di, n nt e -0 O `" C c 0 r t p; ,^ 1 t ` L . CV •. fl . c_% ,r (J SHERIFF'S RETURN - REGULAR i CASE NO: 1999-03247 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DONEGAL MUTUAL INSURANCE CO VS. MCFALLS OMER JACKSON IV CHRISTOPHER EVANS Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT upon MCFALLS OMER JACKSON IV was served defendant, at 14:08 HOURS, on the 3rd day of June the 1999 at 477 WOLF'S RPTnnP Dn AT cyxL15LE, PA 17013 County, Pennsylvania, by handing to FAY MCFALL'S (MOTHERBERLAND a true and attested copy of the NOTICE AND COMPLAINT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 So answers: Service 3.72/9te Affidavit .00 y Surcharge 8.00 ?Tromas in S ie i $27-772-MA7TSON DEARD FF, WZLLI S 0607/1?51 i by Y Sworn and subscribed- before me this 7 a_ day of? 19 (yej A.D.? /J«L Lc! iLC? kr 1 O aXy I 1 DONEGAL. MUTUAL INSURANCE COMPANY, as Subrogee of RIVERS M. GROVE, Plaintiff V. OMER JACKSON McFALLS, IV, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 3247 CIVIL TO: OMAR JACKSON McFALLS, IV, Defendant You are hereby notified that on -- , the following Judgment has been entered against you in the above-captioned e. Date: g13119'A Prothonotary J I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Mr. Omar J. McFalls, IV 477 Wolf's Bridge Rod Carlisle, PA 17013 r.WiLPSIDAd'APILLIDOKDGAL.DOQI W.PRA.Il,d9 C.tc 09130M 03 30.34 PM Reviled: URg01990319.29PM DONEGAL MUTUAL INSURANCE COMPANY, as Subrogee of RIVERS M. GROVE, Plaintiff V. OMER JACKSON McFALLS, IV, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 3247 CIVIL Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of $4,219.12 plus interest and costs of suit, as prayed for in the Complaint for failure to file an answer to Plaintiffs Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendant at the address indicated thereon, on August 17, 1999, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON DEARDORFF WILLIAMS & OTTO By Q . Daniel K. Deardorff, Esquire (Aj Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: August 30, 1999 f: aRT"TATI BWONMAJ-DW179-NOTAW, CM&L, OMM 09:13:11 AM UrInd W37/09 It ]IM AM 3010.179 DONEGAL MUTUAL INSURANCE COMPANY, as Subrogee of RIVERS M. GROVE, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 3247 CIVIL OMER JACKSON McFALLS, IV, Defendant TO: OMER JACKSON McFALL, IV, Defendant YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. JF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO fem.. By - ( Daniel K. Deardorff, Esquire I.D. No. 17837 C( ;1 Ten East High Street t-? Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: August 17, 1999 I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Notice was served this date by depositing same in the Post Office at Carlisle, PA, certified mail, postage prepaid, addressed as follows: Mr. Omer J. McFalls, IV 477 Wolf's Bridge Road Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO BYTricia D. Eckanroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 17, 1999 I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praccipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Omar J. McFalls, IV 477 Wolf's Bridge Rod Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO Eckenroad 5en la D. EastHigh Street C ' L& Carlisle, PA 17013 (717) 243-3341 Dated: August 30, 1999 ra ' _ tJJ?. Cdr V CJ CT CJ c?- cb C CP V ;,4 F.VILES\DATAFILL\DORGPALDOCd49 APFAAd: C.tM 08130M) 0117 17,41 PM R,Omd: 09130199 0]1619 PM DONEGAL MUTUAL INSURANCE IN THE COURT OF COMMON PLEAS OF COMPANY, as Subrogce of CUMBERLAND COUNTY, PENNSYLVANIA RIVERS M. GROVE, Plaintiff CIVIL ACTION - LAW V. NO. 99 - 3247 CIVIL OMER JACKSON McFALLS, IV, Defendant COMMONWEALTH OF PENNSYLVANIA S.S. COUNTY OF CUMBERLAND Daniel K. Deardorff, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS & OTTO, attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a Notice of intention to enter default judgment on the Defendant was given to him by certified mail on August 18, 1999 return receipt requested and said receipt returned from the Post Office with an indecipherable signature. Attached is a true and correct copy of said receipt. Sworn to and subscribed before me this 30th day of August, 1999. o as Public t Notarial Seal Tricie D. Eckenroatl. Notary Public Carlisle Bbro, Cumberland County My Commission E6pires Oct. 23. 2000 Z 013 '338 169 US Poetal Service Receipt for Certified Mall No Insurance Coverage Provided. SENDER es =loot: aa r sped yNaYour n ctoh ypou .pAeancNhl.lNe i d*U fj xThe Return aNh'sre0. 3. Article P . CCq eC c L' c Do not use for international all See reverse n° tl C n r ? P Ste ,a P P 33 N Fe SGT J 1 O0 . ryFee : ' qetum ro WhanB verod .•' Z5 Ream F Date, 8PANk TOTAL Postage d Fees i $ C? u u ' Pwoneac orDre i I xwor 2 rr aemsanel srNose. I also Wait to receive Bts 3.4m. and ab, fotlawing services (for an ra sddms on lidrn m of a" tonrt so that ws cm return WS extra fee): to the front or the mdlptad, or on the bwk If spew don not 1. ? Addressee's Address omoRequedWontiemelgawbalowt Articlenuroec 2.13 ResNLtedDo" Mpt WJ stow to whom to emits was delivered rip the deb Cer19Ult p061nlaetef fgf fee. A ?. y signet PS Form ?.tYf-fir `V 1PA??? Q Registered I? Certified ? Express Mal ? In" ? tistum Receipt for Merdwtdss ? COD Cl) r L? i:I_.. ,` ?? it