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Home My WebLink About01-05878 , YS. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : IN EQUITY - PARTITION/ACCOUNTING : NO. 0/- 5??f ~ I.e.-- ROCKIE L. THUMMA, Plaintiff JOANNE C. JONES, Defendant 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 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 jud~ent 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 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 sn FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ,HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 .-'14'"'11...,",":., ,> .,"" --I . , ~, ~" mm^'~"""""H' "",."" """" , . AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entre gar a la corte en forma escrita sus defensas 0 sus objeciones alas 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 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cuntpla con todas law provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEOIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA 0 I.J:.AME PeR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCOENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 2 ,1, ~ 0' _ .<' ,r; ~, ,~" .~ , I "",- ,.. ...,., ,~ .' ",,- " VS. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : IN EQUITY - PARTITION/ACCOUNTING ROCKIE L. THUMMA, Plaintiff JOANNE C. JONES, Defendant . ; NO. 01- .n;1f ~ I~ COMPLAINT COU~TI PARTITION QF REA~ ESTATE 1. Plaintiff, Rockie L. Thumma, is an adult individual residing at 234 E. Main Street, Shiremanstown, Cumberland County, P A 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, NA 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. "~--'" "1 "''',"' ',"';" ,,,_,~"- I "-,,, ~~- ..,.,.., - ,~ ,,,.- "m ~ " . 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 share or shares to which the respective parties are 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 ACCOUNTIf\lG OF DISSOLVED PARTNERSl:!l.P-APPOII':JJMENT 9F R,EQEIVER- ENJOIN COLLECtiON QF PARTNER,~HIP 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. - '~~lil.," "' - '" -,~. ','",-' .. ,~ c , , . ~ ~~, ;J '>""~ ~'~_.N '~","~ " ,<. . ~ 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, plaintiffibeing ready and willing and hereby offering to pay to defendant what, if anything, shall appear to be due to her; (b) that ~ome 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. c~~ Stephen K. POrtko, Esquire U 1.0.#34538 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney For Plaintiff ,,'. ,,' " ~ " -' "~ " ~ I . ."~~ : ~.'~ ~ ~.~"- 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. ~ie1:-[~ Date: 10- '1,- OJ <;<1'!t11 ~ '" '" -< - , "I I--~'~ ~. " . - ,<\' tf <. ~'l'W~,{:!i!~~7" ,~" . '"'" ""'iiiilllli1i''f'iiI'\'1iilctrt ' Ier'liu.I""I"'I"ili'lif't'li1" c' ~-" C::.: c= , ,-"]I 'i., L.._. -' -,:~ l-:) ~=i "'.-1 :< "_ .l1!~""~"~m"""i.ry1I"':O'j,,;,,,~~,+"'Y''''".'''''''!'i'i~,~l?\H~~~"'i~;w,~.-I"l'~'tW''''''''-''f,'H';''i-';1~''''''l'!If1~JII\':wJ'~'111!i!1l11~'1~!~F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROCKIE L. THUMMA, Plaintiff v. . . : NO. 0 1- ~e Civil Tenn JOANNE C. JONES, : IN EQUITY - PARTITION/ACCOUNTING Defendant PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT To the Prothonotary: Please enter judgment of default in favor of plaintiff ROCKIE 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. Attached as Exhibit" A" is a copy of plaintiffs written Notice of Intention to File Praecipe for Entry of De fault 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: July 3, 2002 ~~ Stepnen Portko, Esquire #34538 101 South U.S. Route IS Dillsburg, Pennsylvania 17019 (717) 432-9706 Attorney for Plaintiff ""r~ , . -~-". , . ~ r. ,,' " ' ~ , _ ,",_, h ,~, ~~ ~... """" ." I ",,;,~.~ ,. . . ROCKIE L. THUMMA, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY. PA YS. . . : IN EQUITY - PARTITION/ACCOUNTING JOANNE C. JONES, Defendant . . : NO. 01-5878 To: Joanne C. Jones, Defendant, and Richard S. Friedman, Esquire, her attorney Date of Notice: May 24. 2002 ~'jl I ;1 ':1 I I I I ! '.1 , , ,'.: :i 1 , -'! iJ :1 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE F.AlLED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF nflS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WlnfOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A lAWYER AT ONCE. IF 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: J -~ ,~ ~ "I ',I :1 "i .' CUMBERLAND COUNTY BAR ASSOCIATION 2 UBERTY AVENUE CARUSLE, PA 17013 (717) 249-3166 , 1 , , '~'-'---, Q '~lC R Stephen K Portko, Esquire .101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff J ., ::\ :] j 'i ! .i I. I ., " I ~I l~;~.If!l;~.~, "",<' ''', "..,"',_""'" _ 'I'" _ rl E~ltJ:~ I( A- \, ~~'- - . 4 ROCKIE L. THUMMA, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA va. . . : IN EQUITY - PARTITION/ACCOUNTING : NO. 01-5878 JOANNE C. JONES, Defendant q;RTmCATE Qf SERVIQ: I HEREBY CERTIFY, that I served a true and correct copy of the foregoing IMPORT ANT NOTICE in the above captioned matter upon the individuals listed below as follows: Richard S. FriedIlllUl, Esquire 600 N. Second Street, Fifth Fl. P.O. Box 984 Harrisburg, P A 17108 Attorney for Defendant Joanne C. Jones 234 E. Main Street. Shiremanstown, P A 17011 Defendant Date: ~ / Z '1/ () 'L ~.~ Stephen K. Portko, Esquire 101 South U.S. Route 15 Dillsburg, PA 17019 ~",~<o;i- r~', ~,...", '., "'.~,,<._.-. ,-"<,V,."o1.n" c',''''_~'_'' .' 'I-~~ ," ." 1; ~ . ~t."" ~,.",g(, ~,,~ '".~.~ ~'-'-' -,." f t ~ , <:) '" , Co t ~"'JI'!~ ~ <"~ _~ ,~ ~~,' -" h>~"<;". -<->- ,-, rc b. ":a"':'11iiJL""''''m'":''''': \f'''!l'ft[f'f''l1t~''l''~';:~;'\ "o~{:HT'T:~: ~ r ~ J1 ,.0 r 2 .,.,. <;:' ..0 1:. ~ ~ ~ o ~ "1:)(:('; rn.r~- ;; ;--~ 2?>'" ~~[1 5:! ~? ~n (.0 ;-:::;: ,......: ::"D .' "-':'; ~. J] -< ],J'Wll!!~""~~.j.Ir\:i~'Nl"~,{Mt";;5'.!'-,'0\';l:i'W1>"!l5'$!-'jWl>-;~~t.!i!~~,!I'(. j,liW~ '<',_ "~j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROCKIE L. THUMMA, Plaintiff v. : NO. ol-SB78 CivH TeJI1Il JOANNE C. JONES, : IN EQUITY - PARTITION/ACCOUNTING Defendant :.1 AFFIDA VlT OF NON.MlLITARY SERVICE ,:; :1 d '.~ ~, ),j The undersigned, being duly sworn according to law, deposes and says that he makes this affidavit on behalf of the within plaintiff, being authorized so to do and that he knows of his own personal knowledge, and therefore avers, that defendant, Joanne C. Jones, is at least 50 years of age; that her place of residence is 234 East Main Street, Shiremanstown, Pennsylvania; that she is self employed and operates an upholstery busmess 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 service of the United States or its allies, or otherwise subject to the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1904 and its amendments, 50 U.S.C. App. ~ 501 et seq. 'ji iU. :~ ;;1 ::j , ::-i ~~~ Affiant COMMONWEALTH OF PENNSYLVANIA COUNTY OF y, ,. II- SS. "- Personally appeared before me, a Notary Public, this '3 r day of ,,)\1. \ ~ . 2002, Stephen 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 therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ~.JM N'otary Public My Commission Expires: (SEAL) tloIII.n&lgeal ~1GII& S. I'lia... NOIIlIIy Public _bur9 Boro, Ycrk ~ My Oommisslcr "xci'ss Fsb. If, 2005 .... "snnsylvama ASsociation ot NlIIIIies :,:!.,~,;~,." -" "',-,< ',<..~'.< ,- ", ,"' , ,,~ _ r 'l1 .. ,~, .. ,-" .-~ ., - ',,, ',_rlO /, 1 '""-in',' 0= """v''''d''''''~1'''lf~''xc'-,",;:.''':;->-['-'~,"'Or :-/ "trJij--':-~--jK~-'T'Y'-T11j',:F_\ ?,t1Fk'{~ ~ V\ o S; -n~"'-: g2 ~~:::~ 2'::C~ it''1 ':" .:'<::::.-- r--',-', -~,-J 5> ~2 L; ~'-, -<: -c;? r.....J ~:.:'::: : ~i ! G~ ~ ',-, '::) _._1 :;;! ~-O'J ::-<~ ' ~_R!lI!1I. ~'-0!<1"F'CJj!!;{''''~'1fi",,'''-n-W~'-l-'''''''''''~*';i"~''lim..'''''U~!>iIi'Wili%';i~~ffilIJm~~~~); ~~. SHERIFF'S RETURN - REGULAR CASE NO: 2001-05878 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THUMMAS ROCKIE L VS JONES JOANNE C DOUGLAS DONS EN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon JONES JOANNE C the DEFENDANT , at 1400:00 HOURS, on the 15th day of October ,2001 at 234 E MAIN ST SHIREMANSTOWN, PA 17011 by handing to JOANNE C JONES 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 Service Affidavit Surcharge 18.00 8.45 .00 10.00 .00 36.45 So Answers: ~~ 1<'~~~ R. Thomas Kline me this /~ day of 10/16/2001 BRATI:y~ P~ ~N~ Deputy Sheriff Sworn and Subscribed to before (Op:t;;::L.,,-, :;".0 I A. D. Q%,,_O~ ~ P othonotary I -"~~i~lf",,_^, ". ~ , """ ..- '..r_ 1 ,-,: ,:;! f~ t'l (! ~1 "i Hi , ~~ I:" .. C:;' f':; '::1 L'i i" ,/ )'i li ';', i 'I ~i ! ,-!;: ':i! ":, .;, ~ ;i-i ,,', ~:ii ,-'! JAN~ 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROCKIE L. THUMMA, Plaintiff : NO. 01-5878 v. JOANNE C. JONES, Defendant : EQUITY-PARTITION/ACCOUNTING ORDER AND NOW,..! ~t7. Lit ZO'D"3., 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, mgre particularly described in Deed Book 105, at page 1137. The co-tenants in this action in P4Irtition are the plaintiff, Rockie L. Thumma and the defendant, Joanne 10 e.L'?~ O'-<A....OSo. ~ C. Jone~ PIa-ViR e'iNfleel the property as joint tenants with the right of survivorship" thEfCewrt effie,,:> lil<:tl tilt> I.llv..,orlioll vr ti,t> .espective iR!k:f{.st in the (rw--':' rrnp'ilr-ty is as fellews: te Reski8 l. TRl:Jffiffil!, fifty (:50%) f't>I<;~II1; to Joamlt> O. JeRes, fifty (59%) l3ereenta The parties or their attorneys are directed to appear for a preliminary conference on ~~ / ~ / ~ .;2(JiJ 3 at ] I!J Pm, (time) in to consider the matters set forth in Rule 1558. Counselor the pa ies, proceeding pro-se, are directed to file a pre-conference memorandum with the Court no later than b A~ days prior to the preliminary conference. The memorandum shall include, at a minimum, a summary of the issues before the (date), (p'lace ) if Ij). , -,""",. ,,,-,'I~-;; ,~ . ',"".-- . " . ,..,..".~~ -~ .:,)"',dU;'~i"""',,j;,,,'i;.i'~~,db!I~~'iP' -' - j&;','il:"""tl!<<';~",Hd--.'__',L,,; "~I\lslilll1li[e.~",fMlilIg..,;!) -;~~ ~ "- , ;r,(".\"jl",.l JL,~j,.Il:L n' ,,_ --ilIiIi'""-"''''-'''\jGll!llii.;@,,~ F'I EE'-OFFlCE _ l~ , ""'Q'MY ....., i'- "Ci:'~;f{'J, .I1\\. I 1 OF I",. '."" ,., j ,1,,__ 03JAN23 111'111:08 8EPLAi~D COUNlY CUMpENNSYlVANIA " .,..' ':t1r;.~ :'R;i' ,~.. : ',.- ,; ,,-^" , " ~--~ '..._,n.,. ',.. !J 1M p.' ,__"~, ,,_~ ,~. , .' ~ -- b ],y:q:\J;,.~~,L~;_,.,~" ;,__, ~_~,e_"'_,,", ~~J,J!U,.",." ,.. ^ 'v.. ,"" .. . " ~ '" c:j c:J: ~ J r!i '<~ Court and a representation as to whether the parties have reached an agreement concerning the disposition ofthe property. IT IS FURTHER ORDERED that the plaintiff shall provide a copy of this order to the defendant and file appropriate proof of service with the Prothonotary's Office. The defendant is advised that she may lose money or property or other rights if she fails to attend the preliminary conference scheduled herein above. She is further advised that she should take a copy of this order to her attorney. If,she does not have a lawyer or cannot afford one, she shoufdgo to or telephone the Cumberland County Bar Association, 2 Uberty Avenue; Carlisle, PA 17013, telephone number 717-249-3166 to find out where she can get legal help. By the Court: I I I , I I , ~ ! J I :1 n';j~UPl,J,=,.,,,,,__..,,,,,,~,,,_,,,..,- _'.,. _,,0,,_" ,., "" . ~ : -- = _,"_o,____~.. _ ". e__,_ JAN 1 5 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROCKIE L. THUMMA, Plaintiff : NO. 01-5878 v. JOANNE C. JONES, Defendant : EQUITY-PARTITION/ACCOUNTING o C'-') c (" ? ili ~T; :~;; L"!' ',-" Motion for Order DirectinQ Partition ~~ c Plaintiff, Rockie L Thumma, by the undersigned counsel, moves t~{?ourI~ '-'''-(,:J pursuant to Pac R.C.P. No. 1557 for the entry of an order directing partitig;;~f th~ ;:j ,,- real property described in plaintiff's complaint according to the interests of tne 01 named parties as alleged in the complaint, a copy of which is attached as Exhibit ~ ~ J ~;-:.:; ~~ -< ....A.II 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. ~rtk~ I.D.#34538 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney For Plaintiff "'I ,,'_'" ._j,__"~,<,,"~..,,_~__~___ '.'___'~" __ ,,<...-; "I .,," ~. . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROCKIE L. THUMMA, Plaintiff v. : NO. Dt-$7B Civil Term JOANNE C. JONES, : IN EQUITY - PARTITION/ACCOUNTING Defendant PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT '\ To the Prothonotary: Please enter judgment of default in favor of plaintiff ROCKIE 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. Attached as Exhibit' 'A" is a copy of plaintiff's written Notice of Intention to File Praecipe for Entry of Default 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: July 3, 2002 <:)i;~~~~~~' Steptlen Portko, Esquire #34538 101 South US. Route 15 Dillsburg, Pennsylvania 17019 (717) 432-9706 Attorney for Plaintiff , f~.A- ";--'~),~)"J",!;l,., ",' ,,', , . ", - ~ . I. ROCKIE L. THUMMA, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY. PA vs. . . : IN EQUITY - PARTITION/ACCOUNTING : NO. 01-5878 JOANNE C. JONES, Defendant 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 CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERlY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF 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 COUNlY BAR ASSOCIATION 2 UBERlY AVENUE CARUSLE, PA 17013 (717) 249-3166 '-!l~lcQ~ Stephen K Portko, Esquire 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attomey for Plaintiff ... ~ . - (Iel"- t: lil., L,. t .~ ;"\1.""",,)~ '^~',^,_" .-- '" "'_"T'~'~._'" \'1 'M'~<_ -d,'" '-~-"-.-- -^ ROCKlE L. THUMMA, . Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERlAND COUNTY, PA vs~ . . . : IN EQUITY - PARTlTIONlACCOUNTING JOANNE C. JONES, Defendant . . : NO. 0101878 CERTIFICATE OF SERng I HEREBY CERTIFY, that I served a true and correct copy. of the foregoing lMPORTANT NOTICE in the above captioned matter upon the individuals listed below as follows: Ricbard S. FriMm""> Esquire 600 N. Second Street, Fifth Fl. P.O. Box 984 Harrisburg, PA 17108 Attorney for Defendant < 108111le C. lones 234 E. Main Street. ShiremaDstown, PA 17011 Defendant Date: 5"( z..i.f.l 02.. ~~ 101 South U.S. Route 15 Dillsburg, PA 17019 'I ._, 'I t-xL\:"]' -~ 11,1 "-' i- f ",i'f; , ". '<O',~, <"~' ,,-,', '", ~~= " --, -~"- ~~~~"', V5. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : IN EQUITY - PARTITION/ACCOUNTING : NO. 01- 5'S?i' ~ -77-- ROCKIE L. THUMMA, Plaintiff JOANNE C. JONES, Defendant 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 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 Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE $ET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 -Ji.~, ,,,.,~~, _, ,~~,,'-,. - ~ ,- '''< ~~, ~"'-~-'" <, '"' ~ ~-. _ '" AVISO Le han demandado a usted en la corte. Si usted qui ere defenderse de estas dernandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una cornparencia escri ta 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, ia corte tornara rnedidas y puede continuer ia demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del dernandante y requiere que usted curnpla con todas law provisiones de esta dernanda. Usted puede perder dinero 0 sus propiedades u otros derechos irnportantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 2 -!"i~OI{,,:< ". ",,",,"''''-'"^' r4...~ ~ ...,.,. ,- V5. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : IN EQUITY - PARTITION/ACCOUNTING ~ NO. 01- !J'p P' ~ Tu.-- ROCKIE L. THUMMA, Plaintiff JOANNE C. JONES, Defendant 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, 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, NA 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. ," tj p 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. ,~. , '/, C'< ,,^,,",~,__,~,q:,_'" ',",,' _, ~ ,~~~'~ " -I '- ~ ,,' e"..,. '-", "' 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 share or shares to which the respective parties are 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. i' 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. ::- ~ " ~; 'j ':: . 'l':'1Jq0""'^'~" '''1_, ,",,,',,','_"~'" . "0,,_, _ ? '"I ". 'c , , ........", ~ " , .,' ~ ,>' ,'. -:'1 ,:.!I't""., ,,,-.=~,,,~ " 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. c:~ rEM:iJ-J Stephen K Portko, Esquire I. D. #34538 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney For Plaintiff ~ ~, ~ . ~:.....--.; .. . - ~, . . .. -~:.~;::-:;{~h:::.::~).: ~::'. ,O':,~,),~_ . _,' " O"'~^" C,' ~7 _,,, ,~, '.'c, VERIFICATION I, ROCKIE L. THUMMA, hereby acknowledge that I a.IIl 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. 1f~) l- f l'AAA~ Rockie L. Thumma Date: /0-'7---0/ , ,- "'- , ~ -", . .- t -~ -- ~.>~, '", ",'-'> VS. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : IN EQUITY - PARTITION/ACCOUNTING ROCKIE L. THUMMA, Plaintiff JOANNE C. JONES, Defendant : 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, P A 17011 Defendant Date: _~ !1'ZJ! D3 ~f 101 South U.S. Route 15 Dillsburg, 1> A 17019 'N.!~ "-,"',"~ ,'",t,. '0<,,,0,,'",',"'''__'__ '__~', ,__" Im;~__ '., ' ~--. . . --,~,~ .~. .. ~~ . " ROCKlE L. THUMMA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - EQUITY JOANNE C. JONES, Defendant 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. J. Stephen K. Portko, Esq. 10 1 Office Center Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 Attorney for Plaintiff - .~ ~ .3 - J,) . 0..3 John F. King, Esq. 600 N. Second Street Fifth Floor P.O. Box 984 Harrisburg, PA 17108 Attorney for Defendant Cf-. :rc ';: ;~r, -_' ~. ' , _c ,,' ,'-",', c.,, , _,' ,~<'^ ,~ . . If __ "'~~""H ;~~~~liii:iliM~Ii:i.~~~,*-",,,,,li<%,-i-'''''''c,,,..o-,,,;,,,,,<;,,,,,~,';.i;.jG'''~Sr.M-LJ .~ c.b!!!'c_I!,J~,",",_ 1l1LJf 1".L 'cl!~~,!I!'I)""", ..." :') I ,) ~ ;- .f!'j,j "jf 11:20 it,; '"J:,' '; ,,\ITv PEi";\iC:\fI\/A"I'iA'V'" I \j, ,....,It_~AI\:1 ",~ ,"~, <~"", ,- ~'-~,- - DRATIe AND PORTKO Alturn.."s III Law 101 OFFICE~, SurreA 101 SOUlll U.S. RoUTE 15 DILLSBURG, PENNSYLVANIA 17019 March 11, 2003 (717) 432-9706 (717) 432-2538 l' AX (717) 432-9220 DUSAN DRATIe, ESQ. STEPHEN K. PORTKO, ESQ. VIA FACSMILE: (717) 140-6462 an..FlRST CLASS MAlL The Honorable 1. Wesley Oler, Jr. Gunlberland County CUUlL urCo1lllD.OD Picas Cumberland CQunty Court House One Court House Square Carlisle, pennsylvlmia 17013 U: Rodde L. Thumma VII. Janne C. Junes; No.Ol..s878 Dew- Judge Oler: The parties in the above reference matter are schWullild for a pre-hearing "onference 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 TCgarding 011 olaims. Attached is a copy of a letter dated Maroh 10, 2003 fimm defendant's counsel confirming the settlement and containing his concurrence that we Cllll.CeI the hearing scheduled for Thursday. Accordingly, I respectfully ask the Court to cancel the Pre-Hearing Conference in this Jllatter. Afkr the parties bve tultillcd the tenns of their agreement, I will file a praecipe to discontinue the suit. Thank you for your attention. Very truly yours, c~~ Stephen K. ponko SKP/rsr 00: John F. King, Esquire Via: Facsimile: 236-6080 and First Class Mail Rookie L. Thumlna l>0/c0.d elcc6cEl>l.tl. 0cc6cEl>l.tl. SS:Et E00c-tt-~~ 'W!ljr~!J "~_,_,~r . ,"'I .. " ~ ~ FRIEDNAN &: KING. P. C. ATTOllIiEYS AX LAw 600 N. SECONI;l ST. F'JFnI: P't.o<>H P.O. Box 984 HABIlISllUBO. PaNNsYLV.urrA.1710e (717) liGa-aOOO TBucoPIBB No. 17171 2"""8080 fnM'ma'llll'l"ldkluKillJ:lI,JUwt.i1.(.uu:. RrCliAllD S. FRU;:DXAN JOin< F. Kn<o M"u:ch 10, 200:3 FAX TRANBMJ:SSJ:ON and :B'OLIoOW OE' COPY BY MAJ:L 1'1 ME S ENS I T I VEl Stephen K. portko, Esquire Brati.c & l?ort]~o 101 Office Center, Suite A 101 south U.S. Route lS Dillsburg, PA 17019 In re: Rockie L. Thumma v. Joanne C. Jones :NO. Ul-5818 (CultllJl:H:land co.) Dear Steve: This is to follow up on our telephone conversaL1uH on the mnrning of March 10, 2003. I am h~ppy to relate that we were informed by the bank that none of the checks that we received. 'from our client (totaling $15,000.00) w..re r"t:llrn..d for insufficient funds. As I inform..d you in our conversation, our paral..gal will be in later L.1,15 week to prepare a deed, a. withrlr~wal of fictitious name, a Praecipe to discontinue with prejudice, as well as a mutual release, which she will be forwarding along with th.. $45,000.00 payment. I understand you will be holdi.ng the payment in escrow until the document~ dre exe~uted. I would be most appre~ldtive if you would immedia.tely inform the court of the resolution of this matter and the cancellation of the Pr..-Trial Conference. p0/~0'd 0cc6c~p~1~ 0cc6c~p~1~ SS:~l ~00c-ll-~~W ,,"\~~~1<'l;J!'7 _, ~ " . l70'd ll::!lOl stephen K. portko, Esquire Ioiarr.h 10, 2003 p"ge :2 ThanK you very llLuch foJ:' your attelltion t:t'l this matter. JFK/by:correBmz\portko-1tr cc: JOQpne C. Jones l70/l70'd 0GC:6C:>:l71.11. 0C:C:6C:>:l71.11. 55:>:1 >:00C: 11 ~I::!W ~;"H"~'lli,,,,,,~ _~ ,'-- ~r ROCKIE L. THUMMA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01~-5878 JOANNE C. JONES, Defendant EQUITY-PARTITION/ACCOUNTING PRAECIPE Kindly mark the above-captioned matter settled and discontinued with prejudice. Respectfully submitted, Date: 0u...'fle. 5>, 6l.co3 BRATIC and PORTKO tr ~V~ StePh~ Portko, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 ;',v" - C';' ',~". ~ ." ,'1-'":' ", '," ,,"" -"', -, , " ~~, -- ,-', " . ~.--" ,i1 , ~=__^" ~__, ~W"',~ ,~ .", ,0- "'~'~,~' ,. "ti'i'.C-'T"'''-'illli ilUnllfi!il , 'ill 0 c:> 0 C (...) <-" TI -o6~ '-- ~-;:! ~.- nlr,'-', ~- --"", "'1" 2-'-'1 '"- - 0~:-- I h1 0', C; r::t I C) ,'~ -(J "!", ,C> ~tX 3,; -] -,., is; 0 >,:S r'f'1 ;< -::;:.:! ~ -( (.::J :D -"'~ I., Vw ,~ , __~ ""~,'~" ,_~ ..,'"f~"tll~~"""-K~~~wi!1:f ~J;'. .l,,_, _ ~ ", '~, ~~-?,'~~",:J"A,IUt:c_~" "",,lJl; ,.1~o~~;