Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Branch
2011-07-11-01

STATE OF SOUTH CAROLINA

COUNTY OF GREENVILLE

Tombstone, LLC,

Plaintiff,

-vs-

The Gospel Properties, LLC, Ron B.
Vergnolle and G. Alexander Crawford,

Defendants.

The Gospel Properties, LLC and Ron B.
Vergnolle,

Third-Party Plaintiffs,

-vs-

John B. Helmers,

Third-Party Defendant.

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IN THE COURT OF COMMON PLEAS

 

 

 

 

 

 

ORDER OF DISMISSAL OF PARTIES
AND CLAIMS

 

 

C.A. No. 09-CP-23-7472

 

WHEREAS, The plaintiff, Tombstone, Inc. (“Tombstone”) commenced this action (the “Action”) against the defendants, The Gospel Properties, LLC (“Gospel Properties”), Ron B. Vergnolle (“Vergnolle”) and G. Alexander Crawford (“Crawford”), to collect a promissory note executed by Gospel Properties and jointly and severally guaranteed by Vergnolle and Crawford, and to foreclose a mortgage securing said promissory note on real property owned by Gospel Properties; and

WHEREAS, Gospel Properties and Vergnolle asserted counterclaims against Tombstone and a third-party complaint against the third-party defendant, John B. Helmers (“Helmers”); and

WHEREAS, the parties have reached a settlement of certain issues in the Action; and

WHEREAS, Crawford is in default,

NOW, THEREFORE, upon motion of Arthur L. Howson, Jr., attorney for Tombstone and Helmers, by and with the consent of W. Andrew Arnold, attorney for Gospel Properties and Vergnolle, it is

ORDERED, ADJUDGED AND DECREED that:

  1. The claims of Tombstone against Vergnolle and Crawford are hereby dismissed, with prejudice.

  2. Vergnolle and Crawford are hereby dismissed from the Action, with prejudice.

  3. The counterclaims of Gospel Properties and Vergnolle against Tombstone are hereby dismissed, with prejudice.

  4. The third-party complaint of Gospel Properties and Vergnolle against Helmers is hereby dismissed, with prejudice.

  5. Helmers is hereby dismissed from the Action, with prejudice.

  6. Tombstone hereby waives its right to a deficiency judgment against Gospel Properties in the Action.

  7. The First, Third, Fourth, Fifth, Sixth, Seventh and Eighth Defenses of Gospel Properties’ Answer are hereby stricken, with prejudice.  (All allegations constituting or implying affirmative defenses in the Second Defense of Gospel Properties’ Answer are hereby stricken, with prejudice.) (Within ten (10) days of the filing of this Order, Gospel Properties shall file and serve on Tombstone an amended Answer admitting and/or generally denying the allegations in the Complaint as modified by this Order).

  8. Tombstone’s Action against Gospel Properties to foreclose the mortgage shall continue, and this matter shall be referred to the Honorable Charles B. Simmons, Jr., Master in Equity for Greenville County, by a separate order.

IT IS SO ORDERED.

  s/Edward W. Miller
Edward W. Miller, Judge
Thirteenth Judicial Circuit

July 11, 2011