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Home My WebLink About06-3247Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs DONEGAL MUTUAL INSURANCE COMPANY, as subrogee for TINA WITTMAN, Plaintiff NAOMI RICKER MORROW, Defendant TO: NAOMI RICKER MORROW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 -31,2(17 CIVIL TERM NOTICE You are hereby notified that on J11,:)Jr J? 2006,judgment by confession was entered against you in the sum of $9,044.96, plus interest and costs of suit in the above captioned case. Date: ` Pr honot YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 I hereby certify that the following is the address of the Defendant stated in the certificate of residence: Naomi Ricker Morrow 993 North Franklin Street Chambersburg, PA 17201 0'z"" .5 e-- _ Christopher E. Rice, Esquire Attorney for Plaintiff F:\ FILES\DATAFIL"one ,13050\Cnrtent\402\402.pm.mnod$ mt Cm,ted. IV5105 642" Revie 6/6/06 4:42PM Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs DONEGAL MUTUAL INSURANCE COMPANY, as subrogee for TINA WITTMAN, Plaintiff v NAOMI RICKER MORROW, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - dIY7 CIVIL TERM PRAECIPE TO ENTER JUDGMENT PURSUANT TO A CONFESSION OF JUDGMENT RELEASE To the Prothonotary: Pursuant to the authority contained in the attached instrument, please confess judgment in favor of Plaintiff and against Defendant in the amount ofthe remaining balance, being $9,044.96, plus interest and costs of suit. Attached is the Conditional Release with a Confession of Judgment. MARTSON DEARDORFF WILLIAMS & OTTO By f Ir! - Christopher . Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: 6- 0-0 CONDITIONAL RELEASE WHEREAS, Naomi Ricker, hereinafter referred to as Defendant, of Carlisle, Pennsylvania, is indebted to Donegal Companies, hereinafter referred to as Plaintiff, of Marietta, Pennsylvania, in the sum of $12,394.96, because of damages negligently caused to the Plaintiff on or about December 12, 1996. WHEREAS, the Safety Responsibility Division of the Department of Transportation of the Commonwealth of Pennsylvania has revoked the operating privileges of the said Defendant, and WHEREAS, Plaintiff is willing to accept payments of the said indebtedness in monthly installments. NOW, THEREFORE, it is agreed by and between Plaintiff and Defendant that for an in consideration of the sum of $12,394.96, receipt whereof is hereby acknowledged, and in consideration of the first initial payment of $300.00 flue September 1, 1997, and the second initial payment of $300.00 due October 1, 1997 and subsequent payments of $100.00 mad4 on or before the 30th day of each month beginning on November 30, 1997, and continuing until the sum $12,394.96 shall have been paid, Plaintiff has released Defendant from any and all responsibility arising out of a collision of a motor vehicle owned and/or operated by Defendant and damages sustained by Plaintiff. In the event that said Defendant shall fail in making said payments, the Release is voidable at the discretion of the Plaintiff. Otherwise to be in full force and effect. AND FURTHER, in the event that any monthly payment shall after the fifteenth day of the month due remain unpaid, it is agreed immediately become due and owing and Defendant does hereby authorize and empower the Prothonotary or Clerks or any attorney of any Court of record of Pennsylvania, or elsewhere, to appear for a balance, with or without declaration, with the costs of suit, release or errors, without stay of execution, and Defendant also levied upon to collect this unpaid sum and does hereby voluntarily condemn the same, and authorize the Prothonotary to enter upon the fieri facias his said voluntary condemnation and Defendant hereby waives and releases all relief from any and all appraisement, stay or exemption laws of any state, now in force, or hereafter to be passed. IN WITNESS wher of, the par hereunto have set their hands and seals this day of/ 1997. WITNESS: /rl • l Naomi Ric er NOTARIAL SEAL DAWN M. SHUGHAK,, Notary Public Carlisle, Cumberland County My commission Expires Nov. 28, 1998 bS d L I ddY 4001 ?E??vFG Christopher E. Rice, Esquire LD. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs DONEGAL MUTUAL INSURANCE COMPANY, as subrogee for TINA WITTMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NAOMI RICKER MORROW, Defendant NO. 06 - CIVIL TERM CERTIFICATE OF RESIDENCY To the Prothonotary: The address of the Plaintiff is: Donegal Mutual Insurance Company 1195 River Road Marietta, PA 17547-0302 The address of the Defendant is: Naomi Ricker Morrow 993 North Franklin Street Chambersburg, PA 17201 MARTSON, DEARDORFF, WILLIAMS & OTTO By ?c,ltip.?, S Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: June 6 2006 F TMES\DATA ME\Dwepl3O50\CumntWO2\402.eR C,wW 125105 8?42A Revixd' NI/06 9:29A Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs DONEGAL MUTUAL INSURANCE : IN THE COURT OF COMMON PLEAS OF COMPANY, as subrogee for : CUMBERLAND COUNTY, PENNSYLVANIA TINA WITTMAN, Plaintiff 3 v : NO.06 - 17 CIVIL TERM NAOMI RICKER MORROW, Defendant AFFIDAVIT The j udgment by confession is not being entered against a natural person in connection with a consumer credit transaction. MARTSON, DEARDORFF, WILLIAMS & OTTO By 5 YL, Christopher . Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Sworn to and subscribed before me this day of , 2006. LA, 9 Not blic C MM NWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public CarIMM Eloro, Cumberland County My Commission Ezpiree Aug. 18, 2007 Member, Pannnvwgn?n eesoeiation of Notaries t t- ?- a G - C?o :, ` Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Attorney I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DONEGAL INSURANCE COMPANIES, as subrogee for TINA WITTMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NAOMI RICKER MORROW, Defendant NO.06 - 3-ZV7 NOTICE CIVIL TERM You have been sued in court. Ifyou wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint andNotice 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 furthernotice 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 ' F,TMESDATAFMF\DmegA13050\Curt t\402W02,COM Cewted'. 512]/06 4'.t IPM Revi, 6/6/061131AM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Attorney I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DONEGAL INSURANCE COMPANIES, as subrogee for TINA WITTMAN, Plaintiff V. NAOMI RICKER MORROW, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - CIVIL TERM COMPLAINT Plaintiff, Donegal Mutual Insurance Company, is a Pennsylvania corporation with its offices at 1195 River Road, P. 0. Box 302, Marietta, Pennsylvania 17547-0302 and is the subrogee for Tina Wittman, Subrogor. 2. Subrogor, Tina Wittman, is an adult individual residing at 200 West Ridge Street, Carlisle, Pennsylvania 17013. 3. Defendant, Naomi Ricker Morrow, is an adult individual residing at 993 North Franklin Street, Chambersburg, Franklin County, Pennsylvania 17201. 3. On or about December 1, 1996, Tina Wittman was operating her 1994 Mitsubishi Eclipse stopped at a traffic signal at the intersection of South West Street and West Ridge Road in the Borough of Carlisle, Cumberland County, Pennsylvania. 4. On or about December 1, 1996, Defendant was operating a 1975 Chevrolet Nova owned by Shawn M. Morrow approaching the intersection of South West Street and West Ridge Road in the Borough of Carlisle, Cumberland County, Pennsylvania, when she failed to stop for the traffic signal and collided into the rear of Plaintiff's vehicle causing the damage in the amount of $12,394.96. Defendant was uninsured and agreed to make payments for the damages. 6. Defendant signed a Conditional Release on July 17, 1997, that contained a confession of judgment. A copy of the signed Release is attached hereto as Exhibit "A." 7. Defendant began to make payments. 8. As of this date, Defendant has failed to make any further payments since May 2004. 9. Defendant is in breach of the Release. 10. Defendant has suffered damages in the amount of $9,044.96, plus costs and interest, as a result of the breach. WHEREFORE, Plaintiffdemands judgment against Defendant in the amount of $9,044.96, plus costs, interest, and any other relief that the court deems appropriate. Date: 6- b - D (o MARTSON DEARDORFF WILLIAMS & OTTO sy( 5-. ?.', Chnst?.1opher E. Rice, Esquire Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 Attorneys for Plaintiffs CONDITIONAL RELEASE WHEREAS, Naomi Ricker, hereinafter referred to as Defendant, of Carlisle, Pennsylvania, is indebted to Donegal Companies, hereinafter referred to as Plaintiff, of Marietta, Pennsylvania, in the sum of $12,394.96, because of damages negligently caused to the Plaintiff on or about December 12, 1996. WHEREAS, the Safety Responsibility Division of the Department of Transportation of the Commonwealth of Pennsylvania has revoked the operating privileges of the said Defendant, and WHEREAS, Plaintiff is willing to accept payments of the said indebtedness in monthly installments. NOW, THEREFORE, it is agreed by and between Plaintiff and Defendant that for an in consideration of the sum of $12,394.96, receipt whereof is hereby acknowledged, and in consideration of the first initial payment of $300.00 dine September 1, 1997, and the second initial payment of $300.00 due October 1, 1997 and subsequent payments of $100.00 made on or before the 30th day of each month beginning on November 30, 1997, and continuing until the sum $12,394.96 shall have been paid, Plaintiff has released Defendant from any and all responsibility arising out of a collision of a motor vehicle owned and/or operated by Defendant and damages sustained by Plaintiff. in the event that said Defendant shall fail in making said payments, the Release is voidable at the discretion of the Plaintiff. Otherwise to be in full force and effect. AND FURTHER, in the event that any monthly payment shall after the fifteenth day of the month due remain unpaid, it is agreed immediately become due and owing and Defendant does hereby authorize and empower the Prothonotary or Clerks or any attorney of any Court of record of Pennsylvania, or elsewhere, to appear for a balance, with or without declaration, with the costs of suit, release or errors, without stay of execution, and Defendant also levied upon to collect this unpaid sum and does hereby voluntarily condemn the same, and authorize the Prothonotary to enter upon the fieri facias his said voluntary condemnation and Defendant hereby waives and releases all relief from any and all appraisement, stay or exemption laws of any state, now in force, or hereafter to be passed. IN WITNESS wher of, the pares? ee?? hereunto have set their hands and seals this day of =_ , 1997. WITNES; 1 Ap? Naomi Ric,* e VERIFICATION Christopher E. Rice, Esquire, of the firm ofMARTSON DEARDORFF WILLIAMS & OTTO, attorneys for Plaintiffin the within action, certifies that the statements made in the foregoing Complaint are true and correct to the best ofhis knowledge, information and belief. He understands that Use statements herein are made subj ect to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. 0"a4 ?: /r-" - ,V Y rya cn C G7 n G' U T -^C i F:\FILES\Clients\Don 3050\Cutrent\402\3050.402.afdavit1 Created: 12/5/05 8:4 Revised: 522%09 1:4 PM Jacob M. T heis, Esquire I.D. Numb 208631 Hubert X. G ilroy, Esquire I. D. Numbe r 29943 MARTSO DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSO LAW OFFICES Ten East Hi Street Carlisle, P 17013 717-243-33, 11 Attorneys fo r Plaintiffs UUNLUAL MUTUAL INSURANCE COMPANY, as subrogee for TINA W MAN, Plaintiff v NAOMI RI?KER MORROW, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 3247 AFFIDAVIT OF MOTOR VEHICLE ACCIDENT COMMON EALTH OF PENNSYLVANIA ) . SS. COUNTY CUMBERLAND ) On J e 8, 2006, a Praecipe to enter judgment by confession in the above captioned action was entered in favor of Plaintiffs and against Defendants in the amount of 9,044.96, plus interest, attorney's fees and costs of suit and said judgment is the result of a motor vehicle accident which occurred on I mal to authoritie statute. 1, 1996. these statements pursuant to 18 Pa. Cons. Stat. §4904 relating to unswom falsification and understand that false statements may subject me jp criminal penalties under that Sworn to and subscribed before me thisa,?da of,(,/a , 200f . Hubert X. CIVIL TERM Esquire COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sh* Brooks, Notary Public Carlisle Boro, Cumberland County My Commiaaw Expires Aug. 5, 2009 Member, Pennsylvania Association of Notaries ARY GE.1? t:??r Y . ? -; 7- s T