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HomeMy WebLinkAbout01-5878ROCKIE L. THUMMA, Plaintiff JOANNE C. JONES, Defendant · IN THE COURT OF COMMON PLEAS · OF CUMBERLAND COUN · TY, PA · IN EQUITY PARTITION/ACCOUNTING : NO. ~/- ~V~? %~.;~ ~ NO/U'Cg You have been su ~on within tw~, ton~-~- ~ one ~ollowin~ ~ -- .... ~u ue~end served, by --~= ~=u/ days after this c~-~=¥es' you must take entering a written ump&alnt and notice are and filing in wr~=' appearance personally or by attorney · ulng with the COUrt your to. the claims set forth a a defenses or Objections fa~l to do s _ g inst you. You are Warned that if you be entered against you by the court Without further notice for any o the Ca~e may proceed without you and a judgment may money claimed in the COmplaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or Other rights important to you. YOU S~{OULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF yOU DO NOT ~]AVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORT~ BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ~RLAND COUNTY BAR ASSOCIATI0~ 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AVISo Le hah demandado a usted en la corte. Si Usted .quiere defenderse de estas demandas eXpuestas usted tiene Veinte (20) d' en law paginas sigulentes, f.e~_~a Y la notifica · las de plazo al partir _ -~a o en ..... Clon. Hace fal~ ..... de la fecha forma escrlta sus ~_=__ con ~n abogado v en~ ..... a .comparencla contra de su Der~^~=~unsas o sus obge~i~_~=~ur a la corte en COrte tomara --==~ a aVlsado ~,e ~ ..... las de~andas en ' · Y pUede continuer ia d .... ~_ se def~ende, ia ~ ?~%o a~o o not~=ac~on. ~ .... ~-~ sn contra ~u~a ~si%~sde~nda9te Y requiere que Z~5 1~ COrte puede decidir a · es~a de s~e~ CUmpla con todas law propledades u o~ .... mgnda. Usted Duedm perder dinero o sus =~u~ uerecnos lmportantes pa~a Usted. ABOC. ADO~ ESTA DEMANDA A UN o s~ ~o ?~ ~ ~ =umu~ C~SE~IR ~~ ~ ~ ~S~TION 2 LI~R~ A~ ~IS~, PA 17013 (717) 249-3166 2 ROCKIE L. THUMMA, Plaintiff VS. JOANNE C. JONES, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : IN EQUITY - PARTITION/ACCOUNTING COMPLAINT COUNT I PARTITION OF REAL ESTATE 1. Plaintiff, Rockie L Thumma, is an adult individual residing at 234 E. Main Street, Shiremanstown, Cumberland County, PA 17011. 2. Defendant, Joanna C. Jones, is an adult individual residing at 234 E. Main Street, Shiremanstown, Cumberland County, PA 17011. 3. Plaintiff and defendants are the owners of certain real estate in Cumberland County as described below, and all the interests of the parties in the property are held as joint tenants and are undivided. 4. The parties acquired title to the property known as 234 E. Main Street, Shiremanstown, Pennsylvania by deed from Mellon Bank, N.A. Executor under the Last Will and Testament of Gertrude M. Wolfe, dated May 24, 1994, recorded in the office of the Recorder of Deeds of Cumberland County in deed book 105, page 1137 wherein said grantor conveyed all those two certain tracts of land situate in the Borough of Shiremanstown, County of Cumberland and Commonwealth of Pennsylvania bounded and described according to a survey Plan by Robert G. Hartman, Jr. R.S. dated April 29, 1994, unto Rockie L. Thumma, single man and Joanne C. Jones, single woman, to have and to hold as joint tenants with right of survivorship. 5. No person other than the parties to this suit has any interest in the property, which is presently in the possession of plaintiff and defendant. VERIFICATION I, ROCKIE L. THUMMA, hereby acknowledge that I am Plaintiff in the foregoing Complaint, that I have read the foregoing, and the facts stated therein are true and COrrect to the best of my knowledge, information and belief. I Understand that any false Statements herein are made subject to penalties of 18 Pa.C.s. Section 4904, relating to Unsworn falsification to authorities. SHERIFF'S CASE NO: 2001-05878 P COMMONWEALTH OF PEN-NSYLVAiqIA: COUNTY OF CUMBERLAND THUMMAS ROCKIE L VS JONES JOAiNNE C RETURN - REGULAR DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon JONES JOA_NNE C the DEFENDAiqT , at 1400:00 HOURS, at 234 E MAIN ST SHIREMANSTOWN, PA 17011 JOANNE C JONES on the 15th day of October , 2001 by handing to a true and attested copy of COMPLAINT - EQUITY together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.45 Affidavit .00 Surcharge 10.00 .00 36.45 Sworn and Subscribed to before me this /F~-~ day of ~-~ .~0 / A.D. ~7 P~cothonot ary So Answers: R. Thomas Kline 10/16/2001 BRATIC & PORT]CD By: ~~~ _ Deputy Sheriff IN ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROCKIEL. THUMMA, JOANNE C. JONES, Plaintiff : : : NO. OI- ~-/~ Civil Term : : IN EQUITY - PARTITION/ACCOUNTING D~fendant : PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT To the Prothonotary: Please enter judgment of default in favor of plaintiff ROCKW, L. THUMMA and against defendant JOANNE C. JONES for defendant's failure to plead to the complaint in this action within the required time. The complaln~ contains a notice to defend within 20 days f~om the date of service thereof. Defendant was served with the complaint on October 15, 2001, and defendant's answer was due to be filed on November 5, 2001. Attached as Exhibit "A# is a copy of plaintiffs written Notice of Intention to File Praecipe for Entry of Defanlt Judgment, which I certify was mailed by regular mail to the defendant at her last known address and to her attorney of record on May 24, 2002, which is at least 10 days prior to the filing of this Praecipe. Damages to be assessed at trial. Date: Suly 3, 2002 101 South U.S. Route 15 Dillsburg, Pennsylvania 17019 (717) 432-9706 Attorney for Plaintiff ROCKIE I- THUMMA, Plaintiff V~. JOANNE C. JONES, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : IN EQUITY- PARTITION/ACCOUNTING : NO. 01-5878 To: Joanne C. Jones, Defendant, and Richard S. Friedman, Esquire, her attorney Date of Notice: May 24, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASF_ UNLESS YOU ACT WITHIN TEN DAY8 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 ONCF_ IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WI-IERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 UBERTY AVENUE CARLISLE, PA 17013 101 South U.S. Rou~ 15 Dillsburg, PA 17019 (717) 432~ Attorney far Plaintiff ROCKIE L THUMMA, Plai,~;;; JOANNE C. JONES, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : IN EQUITY - PARTITION/ACCOUNTING : NO. 01-5878 CERTIFICATE OF SERVICE I HEREBY CERTIFY, that I served a true and correct copy of the forgoing IMPORTANT NOTICE in the above captioned matter upon the individuals listed below as follows: Richard S. Friedman, Esquire 600 N. Second Street, Fii~h Fl. P.O. Box 984 Han-isbur~, PA 17108 Attorney for Defendant Joanne C. Iones 234 E. Main Street. Shiremanstown, PA 17011 Defendant Date: Stephen K. Portko, Esquire 101 South U.S. Route 15 Dillsburg, PA 17019 IN ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOANNE C. JONES, Plaintiff : : : NO. o/-s'~ Civil Term : : IN EQUITY - PARTITION/ACCOUNTING D~mdant : AFFIDAVIT OF NON-MILITARY SERVICE The undersigned, being duly sworn accordin~ to law, deposes and says that he makes this affidavit on behalf of the within plainfi~ being authorized so to do and that he knows of his own personal knowledge, and therefore avers, that defendant, loanne C. Jones, is ai least ~0 years of a~e; that her place of residence is 234 East Main Street, Shiremanstowr~ Pennsylvania; that she is self employed and operates an upholstery business or related services, with her place of business located at 234 East Main Street, rear, Shiremanstown, Pennsylvania, and that she is not in the military servi~ of the United States or its allies, or oth~vise subject to the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1904 and its amendments, 50 U.$.C. App. § 501 et seq. COMMONWEALTH OF PENNSYLVANIA : : SS. cowrYo~ ¥,~ ~ : Pe~ona~y apo~a~d ~for~ me. a No~r~ Pub~o. ~ '~__da~ of 3, I ~ . 200!. St~ph~ K. Portko, known to me or satisfactorily proven to be the person whose name/is subscribed to the within instrument and acknowledged that he executed the same for the purposes there~ contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. My Commission Expires: C) IN THE COURT OF COMMON PLEAS OF CUMBE~ COUNTY, PENNSYLVANIA ROCIC~, L. ~ JOANNE C. JONES, Plaintiff : : : NO. o/-5~'/~ Civil Term : : IN EQUITY - PARTITION/ACCOUNTING I~f~nclant : AFFIDAVIT OF NON-MILITARY SERVICE The undersigned, be~.g duly sworn accordin8 to law, deposes ami says that he makes this affidavit on behalf of the within plaintiff, bein~ authorized so to do and that he knows of his own personal knowledge, and therefore avers, that defe~ant, Joanne C. Jones, is at least $0 years of abe; that her place of residence is 234 ~ Main Street, Shh'emansto~ Pe~ylvania; that she is self employed and operates an upholstery business or related service~ with her place ofbusinms located at 234 East Main Street, rear, S~-~own, Pe-~,,~mia, and that she is not in the military servi~e of~he United State~ or its allies, or otherwise subject to the provi~ons of the Soldiers and Sailors Civil Relief Act of Congress of 1904 and its amendments, ~0 U.S.C. App. § $01 et seq. COMMONWEALTH OF PID~-NSYLVANIA : : coum'vo %, : P~ya~~omme, aN~b~c,~s ~ ~a ~Y~ ~ ,2~2, St~ K. Po~o, ~o~ to me or ~fi~ ~ to be ~ p~n who~ ~e/is mb~ w ~ ~ ~SS ~OF, I ~ve ~o ~ my h~ ~ n~ ~. ~o~ ~b~c My Commission Expires: ROCKIE L THUMMA, Plaintiff v~,. JOANNE C. JONES, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : IN EQUITY - PARTITION/ACCOUNTING : NO. 01-6878 ~TIFICATE OF SERVI _~ I H'~R~BY C~RTII~, that I ~erved a Uue and correct copy of tho foregoing IMPORTANT NOTICE in the above captioned matter upon the individuals li~ted below as follows: Richard S. Friedman, E~re 600 N. Second Street, Fifdl Fl. P.O. Box 984 I~i~burg, PA 17108 Attorney for Defend&hr Jo~nne C. 7o~es 234 E. Main Street. Shiromansmwn, PA 17O 11 Date:, ~C/Z~//O~-- Stephen K. Portko, Esquire 101 SouthU.S. Route 15 Dillsburg, PA 17019 JAH~5 Z003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROCKIE L. THUMMA, Plaintiff JOANNE C. JONES, Defendant : NO. 01-5878 . .. : EQUITY-PARTITION/ACCOUNTING ORDER AND NOW, ~J"-->t~. 2_// Zo= %, upon consideration of plaintiff's motion for the entry of an order directing partition because of defendant°s default and it appearing that the complaint has been duly served, that defendant failed to answer the complaint within the time allowed, IT IS HEREBY ORDERED that partition be made of the land mentioned and described in the complaint, located at 234 E. Main Street, Shiremanstown, Cumberland County, Pennsylvania, more particularly described in Deed Book 105, at page 1137. The co-tenants in this action in p~_rtition are the plair~t[ff, Rockie L. Thumma and the defendant, Joanne C. Jones~ Hav~=~~the property as joint tenants with the right of survivorship, ~ '",-,,~ ~-- ...... . · . prnp~.,~,~,_ -.. .-"°-_~'~ ~..,.~,.~..... ,...~ .D~'"L'"~.__..._ L. Th u,m,,m,&, f;~- ~,/o/"~'~' ' p~, u~-nt; to Joanne G. The parties or their attorneys are directed to appear for a preliminary conference on 7~-~/-~-~ . ~/.~ ~ -~ (date), to consider the matters set forth in Rule 1558. Counsel or the parties, if ' ' proceeding pro-se, are directed to file a pre-conference memorandum with the Court no later than ~:~//_~/ days prior to the preliminary conference. The memorandum shall include, at a minimum, a summary of the issues before the JAN 1 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROCKIE L. THUMMA, Plaintiff JOANNE C. JONES, Defendant : NO. 01-5878 .- _, : £QUIT~-PARTITION/ACCOU NTING : The basis for plaintiff's motion is that the complaint was duly served on the named defendant, the time for responding to the complaint has expired, and no answer has been filed by the named defendant. WHEREFORE, plaintiff requests that the property at issue be partitioned as aforesaid. I.D. #34538 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney For Plaintiff Motion for Order Directinq Partition Plaintiff, Rockie L. Thumma, by the undersigned counsel, moves tl'i¢;~ou~ · pursuant to Pa. R.C.P. No. 1557 for the entry of an order directing partition:cf the" real property described in plaintiffs complaint according to the interests of ~'~e ~": ':-~-' named parties as alleged in the complaint, a copy of which is attached as Exhibit IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROCKW~ L. THUMMA, JOANNE C. JONES, Plaintiff : : : NO. D/~~r-~ 7~ Civil Term .. : IN EQUITY - PARTITION/ACCOUNTING Defendant : PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT To the Prothonotary: Please enter judgment of default in favor of plaintiff ROCKTE L. THUMMA and against defendant JOANNE C. JONES for defendant's failure to plead to the complaint in this action within the required time. The complaint contains a notice to defend within 20 days from the date of service thereof. Defendant was served with the complaint on October 15, 2001, and defendant's answer was due to be filed on November 5, 2001. At~ached as Exhibit "A" is a copy of plaintiffs written Notice of Intention to File Praecipe for Entry of Dethult Judgment, which I certify was mailed by regular mail to the defendant at her last known address and to her attorney of record on May 24, 2002, which is at least I0 days prior to the filing of this Praecipe. Damages to be assessed at trial. Date: July 3, 2002 Steph'en Portko, Esquire #34538 I01 South U.S. Route I5 Dillsburg, Pennsylvania 17019 (717) 432-9706 Attorney for Plaintiff ROCKIE L. THUMMA, Plaintiff VS. JOANNE C. JONES, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : IN EQUITY- PARTITION/ACCOUNTING : : NO. 01-5878 To: Joanne C. Jones, Defendant, and Richard S. Friedman, Esquire, her attorney Date of Notice: May 24, 2002 IMPORTANT NOTICE )OFU- _A_RE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF ANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCF_ IF YOU LAVVYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TDHOE NOT HAVE A OFFICE, TO FIND OUT VVHERE YOU CAN GET LEGAL HELP: FOLLOWING CUMBERLAND COUNTY BAR ASSOCIATION 2 UBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Stephen'K. Portko, Esquire 1'01 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff ROCKIE i_ THUMMA, * Plaintiff V$; JOANNE C. JONES, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : IN EQUITY - PARTITION/ACCOUNTING : : NO. 01-6878 Cr nrICA I ~r~.IIERy CI~RTII~, th~ I served a true ~nd corre~ copy. of the foregoin~ IMPORTANT NOTICE in the above captioned matter upon the individuals listed below as follows: 600 N. Second Street, F'flih Fi. P.O. Box 984 I-Iarris~ PA 17108 Attorney for Defendnnt loanne C. Sones 234E..Main Street. Shiremnn~own, PA 17011 Defendant 101 South U.S. Route 15 Dil[~hurg, PA 17019 ROCKIE L. THUMMA, Plaintiff VS. JOANNE C. JONES, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA :IN EQUITY- PARTITION/ACCOUNTING : : NO. NOTICE 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 objecuions 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 Plaintiff. You may lose money or property or other rights important to you. YOU SHOUr.m 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. CUMBERI2%ND COUNTY BARA~soCiATION 2 LIBERTY AVENUE CARLI$?~, PA 17013 (717) 249-3166 AVISO Le han demandado a us~ed en la corte. Si usted quiere defenderse de estas demandas expuestas en law paginas siguientes, usted tiene vein~e {20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y en~regar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, ia corte tomara medidas y puede continuer ia demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para us~ed. LT.~TVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE ELDINERO SUFICIENTE DE PAGAR T3tL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENT~A ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ROCKIE L. THUMMA, Plaintiff VS. JOANNE C. JONES, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : : IN EQUITY- PARTITION/ACCOUNTING :NO. o/- ~'~£ ~ -'~.~_ COMPLAINT COUNT I PARTITION OF REAL ESTATF 1. Plaintiff, Rockie L. Thumma, is an adult individual residing at 234 E. Main Street, Shiremanstown, Cumberland County, PA 17011. 2. Defendant, Joanne C. Jones, is an adult individual residing at 234 E. Main Street, Shiremanstown, Cumberland County, PA 17011. 3. Plaintiff and defendants are the owners of certain real estate in Cumberland County as described below, and all the interests of the parties in the property are held as joint tenants and are undivided. 4. The parties acquired title to the property known as 234 E. Main Street, Shiremanstown, Pennsylvania by deed from Mellon Bank, N.A. Executor under the Last Will and Testament of Gertrude M. Wolfe, dated May 24, 1994, recorded in the office of the Recorder of Deeds of Cumberland County in deed book 105, page 1137 wherein said grantor conveyed all those two certain tracts of land situate in the Borough of Shiremanstown, County of Cumberland and Commonwealth of Pennsylvania bounded and described according to a survey Plan by Robert G. Hartman, Jr. R.S. dated April 29, 1994, unto Rockie L. Thumma, single man and Joanne C. Jones, single woman, to have and to hold as joint tenants with right of survivorship. 5. No person other than the parties to this suit has any interest in the property, which is presently in the possession of plaintiff and defendant. 6. No partition or division of the property has ever been made, although plaintiff has requested the defendant to join with him in making one. WHEREFORE, plaintiff demands that: (a) the Court decree partition of the real estate; (b) the sham or shams to which the respective parties am entitled be set out to them in severalty and that all proper and necessary conveyances and assurances be executed for carrying such partition into effect; and that, if the real estate cannot be divided without prejudice to or spoiling the whole, such proper and necessary sale or sales of the same may be made by such persons and in such manner as the Court may direct; (c) such other and further relief be granted as the Court deems just and proper. COUNT II ACCOUNTING OF DISSOLVED PARTNERSHIP-APPOINTMENT OF RECEIVER ENJOIN COLLECTION OF PARTNERSHIP DEBTS BY DEFENDANT PARTNER 7. Paragraphs one (1) through six (6) are incorporated by reference as if fully set forth herein. 8. Prior to 1998, plaintiff and defendant were partners in the business of Rockie Jo Upholstering, at 234 East Main Street, Shiremanstown, Pennsylvania, under and pursuant to a verbal agreement. 9. On or about1997, the partnership was dissolved by mutual consent of the parties. 10. The premises at which the partnership business was conducted at the time of the dissolution was held by plaintiff and defendant in fee simple from May 24, 1994. 11. It was orally agreed between plaintiff and defendant that defendant should take to herself the benefit of that portion of the premises used for Rockie Jo Upholstering, accounting to plaintiff for his proportion of the value thereof, and in pursuance of such agreement the defendant has ever since continued and now is in possession of said portion of the premises used in furtherance of the business. 12. No settlement of the partnership accounts has ever been made between plaintiff and defendant. Although plaintiff has repeatedly applied to defendant to come to a final settlement with respect thereto, the defendant absolutely refuses to do so. 15. Defendant has possessed herself of the partnership books, and has refused to permit plaintiff to inspect them, or render plaintiff any account of the partnership moneys received by her. 16. Since the dissolution, plaintiff has paid certain utilities, taxes and expenses in respect of the partnership debts, and it appears upon a true and just settlement of the partnership accounts a considerable balance will be due from the defendant to plaintiff in respect of their partnership dealings. WHEREFORE, plaintiff prays: (a) that defendant be ordered to account for all the late partnership dealings and transactions until the time of the expiration thereof, and that defendant be directed to pay to plaintiff what, if anything, shall appear to be due to him, plaintiff being ready and willing and hereby offering to pay to defendant what, if anything, shall appear to be due to her; (b) that some proper person be appointed to receive and collect all moneys which may be coming to the credit of the late partnership; (c) that defendant be restrained from collecting or receiving any of the debts due and owing to the partnership during the pendency of this action; (d) such other equitable relief as may be deemed just and proper. Stel~hen K. Portko~ Esquire I.D. #34538 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney For Plaintiff VERIFICATION I, ROCKIE L. THUMMA, hereby acknowledge that I am Plaintiff in the foregoing Complaint, that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities- Th,,mma Date: ROCKIE L. THUMMA, Plaintiff VS. JOANNE C. JONES, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : : IN EQUITY- PARTITION/ACCOUNTING : : NO. 01-5878 CERTIFICATE OF SERVICE I HEREBY CERTIFY, that I served a true and correct copy of the foregoing MOTION for Order Directing Partition in the above captioned matter upon the individuals listed below as follows: Richard S. Friedman, Esquire 600 N. Second Street, Fifth FI. P.O. Box 984 Harrisburg, PA 17108 Attorney for Defendant Joanne C. Jones 234 E. Main Street. Shiremanstown, PA 17011 Defendant Sti- .... ~ ~(Esquire 101 South U.S. Route 15 Dillsburg, PA 17019 ROCKIE L. THUMMA, Plaintiff Vo JOANNE C. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQuITy NO. 01-5878 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of March, 2003, upon consideration of the attached letters from Stephen K. Portko, Esq., attorney for Plaintiff, and John F. King, Esq., attorney for Defendant, the hearing scheduled for March 13, 2003, is cancelled. Stephen K. Portko, Esq. 101 Office Center Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 Attorney for Plaintiff John F. King, Esq. 600 N. Second Street Fifth Floor P.O. Box 984 Harrisburg, PA 17108 Attorney for Defendant BY THE COURT, J~esley Ol~J:~., j. :rc DUSAN BRATIC, ESQ. STEPHE~ IC PORTKO, ESQ. BRATIC A~O PORTKO · 4g~m~r at Law 101 O~CE ~, SUSA 10l ~U.S. ~ 15 Dado, P~SyLv~a 1701~ March 11, 2003 FAX (717) 432-9706 (717) 432-2538 (717) 432-9220 VIA FACSMILE. 717 ,2 and T CLASS The Honorable J. Wesley Oler, Jr. Cumbegand County Cum t u£Common PI~ Cum~ County Court House One Court House Squar~ Carlisle, Pennsylvania 17013 RE: Roekie L. Thumma vs. Janne C. J~uez; No. 01-$878 Dear Judge O1~: The parties in ~he above reference matter ar~ sch~lul~l for a pre-hearing conf~eno¢ in your chambers on Thursday, March 13, 2003 at 3:15 p.m. I am pleased to inform the Court that the parties have resolved the controversy and have reached a settlement ror, ardin8 nil oluim$. Attaohed i~ a copy ora lett~ dated March 10. 200.3 from defendant's counsel confirming the settle~nent and containing his concutrenoe that we cancel the heating scheduled for Thursday. Aceo~y, I res~ ask the Court to cancel the Pre-Hearing Conference in this matter. At~r thc patties hnvc ful~llod the terms ofthoir a~'eeme~ I will file a prae~pe to discontinue the suit. Thank you for your attention. Very truly yours, Stephen K. Portko SKP/rsr cc: John F. Kin~g, Egluire Vi~ F~e: 236-6080 and First Class Mail Rookie L. Tlmmma ~0×~0'~ ~--o S. FR=um.m M~r ch 10, 2003 TIME $ENSIFIVE! Stephen K. Por~ko, Esquire Bra=ic ~ Portico 101 Office Center, Suite A 101 south U.S. Roug~ 15 Dillsburg, PA 17019 In re: Dear Steve: Rockie L. Thumma v. Joanne C. Jones NO. 01-5878 (Cu~rland Co.) This is to follow up on our telephone conversation on the mo~ning of March 10, 2003. I am happy to relate that we were informed by the bank that none of the checks that we received 'from our client (~otmlin~ $45,000.00) were rmturned for insufficient fw/]ds. As I informed you in our conversation, our paralegal will be in later this week =o prcpare& deed, a withdrawal of fictitious name, a Praecipe =o discontinue with prejudice, as well as a mutual release, which she will bo forwardin~ alon~ w4th the $45,000.00 payment. I understand you will be holding the paymen~ in escrow until the document~ ~e executed. I would be most appreci=Uive if you would iuu~ediately inform the court of the resolution of this mat~er and the cancellation of the Pre-Trial Conference. ~'0×£0 ' d 0EEGE£~L IL SS: £I £00a- I I-~W ~'d q~±O$ Stephe~ K. Por~ko, Esquire March 10, 2003 P~ge 2 JFK/bp:corresmz\portko.ltr cc: Joanne C. Jones Thank you very much for your attention to this matter. ~0×P0 ' d ROCKIE L. THUMMA, Plaintiff Vo JOANNE C. JONES, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01~-5878 : EQUITY-PARTITION/ACCOUNTING PRAECIPE Kindly mark the above-captioned matter settled and discontinued with prejudice. Date: Respectfully submitted, BRATIC and PORTKO Steph~n K. Portko, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706