STATE OF SOUTH CAROLINA
COUNTY OF FAIRFIELD IN THE COURT OF COMMON PLEAS
SIXTH JUDICIAL CIRCUIT
C/A #: 2016-CP-20-00387
UNITED STATES OF AMERICA, ACTING THROUGH THE FARMERS HOME ADMINISTRATION, UNITED STATES DEPARTMENT OF AGRICULTURE,
Plaintiff,
Vs.
GLORIA B. GASTON AND TYRANCE BAGLEY AS HEIRS AT LAW OF RICHARD D. BAGLEY, SR. A/K/A RICHARD BAGLEY A/K/A RICHARD DEAN BAGLEY, DECEASED, AND ANY OTHER HEIRS-AT-LAW OR DISTRIBUTEES OR PERSONAL REPRESENTATIVES AND THEIR SPOUSES, IF ANY THEY HAVE, AND ALL OTHER PERSONS WITH ANY RIGHT, TITLE OR INTEREST IN AND TO THE REAL ESTATE DESCRIBED IN THE COMPLAINT HEREIN; ALSO ANY UNKNOWN ADULTS AND THOSE PERSONS WHO MAY BE IN THE MILITARY SERVICE OF THE UNITED STATES OF AMERICA, ALL OF THEM BEING A CLASS DESIGNATED AS JOHN DOE; AND ANY UNKNOWN MINORS OR PERSONS UNDER A DISABILITY BEING A CLASS DESIGNATED AS RICHARD ROE; ALLSOUTH FEDERAL CREDIT UNION; CACH LLC; and SOUTH CAROLINA DEPARTMENT OF REVENUE,
Defendants.
SUMMONS AND NOTICE OF FILING COMPLAINT
TO THE DEFENDANTS ABOVE NAMED:
YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action, a copy of which is herewith served upon you, and to serve a copy of your answer to the said Complaint upon the subscribers, at their office, 1703 Laurel Street, Post Office Box 11682, Columbia, South Carolina 29211, within thirty (30) days after the service hereof, exclusive of the day of such service; and if you fail to answer the Complaint in the time aforesaid, judgment by default will be rendered against you for the relief demanded in the Complaint.
NOTICE IS HEREBY GIVEN that the original Complaint in the above entitled action was filed in the office of the Clerk of Court for Fairfield County on October 25, 2016 and the Amended Complaint on November 16, 2016.
GRIMSLEY LAW FIRM, LLC.
P.O. Box 11682
Columbia, South Carolina 29211
(803) 233-1177
BY: Benjamin E. Grimsley
Attorney for Plaintiff
December 2, 2016
NOTICE OF ORDER APPOINTING GUARDIAN AD LITEM NISI AND ATTORNEY
TO: THE DEFENDANTS HEREIN, NAMES AND ADDRESSES UNKNOWN, INCLUDING ANY THEREOF WHO MAY BE MINORS, IMPRISONED PERSONS, INCOMPETENT PERSONS, UNDER OTHER LEGAL DISABILITY OR IN THE MILITARY SERVICE, IF ANY, WHETHER RESIDENTS OR NON-RESIDENTS OF SOUTH CAROLINA AND TO THE NATURAL, GENERAL, TESTAMENTARY GUARDIAN OR COMMITTEE, OR OTHERWISE, AND TO THE PERSON WITH WHOM THEY MAY RESIDE, IF ANY THERE BE:
PLEASE TAKE NOTICE that a Motion for an order appointing Kelley Y. Woody, Esquire, as Guardian ad Litem Nisi, for all persons whomsoever herein collectively designated as Richard Roe or John Doe, defendants herein, names and addresses unknown, including any thereof who may be minors, imprisoned persons, incompetent persons, or under other legal disability, and as Attorney for said parties who may be in the military service, whether residents or non-residents of South Carolina, was filed in the Office of the Clerk of Court for Fairfield County.
YOU WILL FURTHER TAKE NOTICE that unless the said minors or persons under other legal disability, if any, or someone in their behalf or in behalf of any of them, shall within thirty (30) days after service of notice of this order upon them by publication, exclusive of the day of such service, procure to be appointed for them, or either of them, a Guardian ad Litem to represent them for the purposes of this action, the appointment of said Guardian ad Litem Nisi and Attorney shall be made absolute.
Edward L. Grimsley
Benjamin E. Grimsley
Attorneys for the Plaintiff
December 2, 2016
AMENDED LIS PENDENS
TO THE DEFENDANTS ABOVE NAMED:
NOTICE IS HEREBY GIVEN that an action will be commenced in this Court upon the Complaint of the above-named Plaintiff against the above-named Defendants for the foreclosure of that certain Mortgage of Real Estate given by Richard D. Bagley, Sr. a/k/a Richard Bagley a/k/a Richard Dean Bagley, now deceased, and Barbara J. Bagley to the Plaintiff, its successors and assigns, dated March 24, 1988, and recorded on March 24, 1988, in the office of the Clerk of Court for Fairfield County, South Carolina in Book 242 at Page 316 and re-recorded on May 17, 1988 in Book 245 at Page 209 (the “First Mortgage”).
NOTICE IS FURTHER GIVEN that an action will be commenced in this Court upon the Complaint of the above-named Plaintiff against the above-named Defendants for the foreclosure of that certain Mortgage of Real Estate given by Richard D. Bagley, Sr. a/k/a Richard Bagley a/k/a Richard Dean Bagley to the Plaintiff, its successors and assigns, dated March 16, 2011, and recorded on March 22, 2011, in the office of the Clerk of Court for Fairfield County, South Carolina in Book 1025 at Page 257 (the “Second Mortgage”).
At the time of the filing of this notice, the premises affected by the said action were situated in the County of Fairfield, State of South Carolina, and are described as follows:
All that certain piece, parcel or lot of land lying, being and situate in Fairfield County, in the State of South Carolina, on the northeastern side of Road S-20-93, containing seventy-five hundredths (.75) of an acre, more or less, and having such special shape, metes, courses and distances as are shown on a plat thereof made by W.D. Bozard, R.L.S., dated March 12, 1988, and recorded in the office of the Clerk of Court for Fairfield County in Slide 427, Page 62, said plat being herewith incorporated by reference and made a part of this description. Reference to said plat is hereby craved for a more complete description of said property. Be all measurements a little more or less.
This being the same property conveyed to Richard D. Bagley, Sr. and Barbara J. Bagley by deed of Edward Teal and Ruby H. Teal dated March 24, 1988 and recorded on March 24, 1988 in the office of the Clerk of Court for Fairfield County in Book JS at Page 260. Subsequently, Barbara J. Bagley conveyed her interest in the property to Richard D. Bagley, Sr. by deed dated August 14, 1990 and recorded on August 16, 1990 in Book LD at Page 25.
TMS#: 183-02-02-003-000
For a complete description of the property encumbered by the Mortgages, the undersigned craves reference to the Mortgages, the terms of which are incorporated herein by reference.
GRIMSLEY LAW FIRM, LLC
P. O. Box 11682
Columbia, South Carolina 29211
(803) 233-1177
By:
Edward L. Grimsley
Benjamin E. Grimsley
Attorneys for the Plaintiff
November 14, 2016
02/23/2017, 03/02/2017, 03/09/2017