STATE OF SOUTH CAROLINA
COUNTY OF FAIRFIELD
IN THE COURT OF COMMON PLEAS
C/A NO.: 2018-CP-20-00106
SUMMONS AND NOTICES
(Non-Jury)
FORECLOSURE
OF REAL ESTATE
MORTGAGE
Wells Fargo Bank, N.A.,
Plaintiff,
v.
Dolsie Able; Ernest Able; Ernest Able Sr.; Tiara Henderson; Any heirs-at-law or devisees of Beverly D. Able, deceased, their heirs, Personal Representatives, Administrators, Successors and Assigns, and all other persons or entities entitled to claim through them; all unknown persons or entities with any right, title, estate, interest in or lien upon the real estate described in the complaint herein; also any persons who may be in the military service of the United States of America, being a class designated as Richard Roe; and any unknown minors, incompetent or imprisoned person, or persons under a disability being a class designated as John Doe; Crown Asset Management, LLC; South Carolina Department of Motor Vehicles,
Defendant(s).
TO THE DEFENDANT(S) ABOVE NAMED:
YOU ARE HEREBY SUMMONED and required to appear and defend by answering the Complaint in this action, a copy of which is hereby served upon you, and to serve a copy of your Answer on the subscribers at their offices at 3800 Fernandina Road, Suite 110, Columbia, SC 29210, within thirty (30) days after the service hereof, exclusive of the day of such service; except that the United States of America, if named, shall have sixty (60) days to answer after the service hereof, exclusive of the day of such service; and if you fail to do so, judgment by default will be rendered against you for the relief demanded in the Complaint.
TO MINOR(S) OVER FOURTEEN YEARS OF AGE, AND/OR TO MINOR(S) UNDER FOURTEEN YEARS OF AGE AND THE PERSON WITH WHOM THE MINOR(S) RESIDES, AND/OR TO PERSONS UNDER SOME LEGAL DISABILITY:
YOU ARE FURTHER SUMMONED AND NOTIFIED to apply for the appointment of a guardian ad litem within thirty (30) days after the service of this Summons and Notice upon you. If you fail to do so, application for such appointment will be made by Attorney for Plaintiff.
YOU WILL ALSO TAKE NOTICE that Plaintiff will move for an Order of Reference or the Court may issue a general Order of Reference of this action to a Master-in-Equity/Special Referee, pursuant to Rule 53 of the South Carolina Rules of Civil Procedure.
YOU WILL ALSO TAKE NOTICE that under the provisions of S.C. Code Ann. § 29-3-100, effective June 16, 1993, any collateral assignment of rents contained in the referenced Mortgage is perfected and Attorney for Plaintiff hereby gives notice that all rents shall be payable directly to it by delivery to its undersigned attorneys from the date of default. In the alternative, Plaintiff will move before a judge of this Circuit on the 10th day after service hereof, or as soon thereafter as counsel may be heard, for an Order enforcing the assignment of rents, if any, and compelling payment of all rents covered by such assignment directly to the Plaintiff, which motion is to be based upon the original Note and Mortgage herein and the Complaint attached hereto.
LIS PENDENS
NOTICE IS HEREBY GIVEN THAT an action has been or will be commenced in this Court upon complaint of the above-named Plaintiff against the above-named Defendant(s) for the foreclosure of a certain mortgage of real estate given by Beverly D. Able to Wells Fargo Home Mortgage, Inc. dated February 11, 2002 and recorded on February 21, 2002 in Book 534 at Page 206, in the Fairfield County Registry (hereinafter, “Mortgage”). Thereafter, the Mortgage was transferred to the Plaintiff herein by assignment and/or corporate merger.
The premises covered and affected by the said Mortgage and by the foreclosure thereof were, at the time of the making thereof and at the time of the filing of this notice, more particularly described in the said Mortgage and are more commonly described as:
All that certain piece, parcel or tract of land, with improvements thereon, if any, situate, lying and being in the County of Fairfield, State of South Carolina, consisting of one and one-half (1.5) acres, more or less, and being designated as Parcel 5 on a plat prepared for Quay Padgett, to be recorded in the Office of the Register of Deeds for Fairfield County and being bounded on the North by lands now or formerly of Quay Padgett: on the East by South Carolina Highway S-20-64; on the South by land designated on said plat as Parcel 4, and on the West by land now or formerly of Quay Padgett.
Also included herewith is that certain 1997 Chandeleur Manufactured Home bearing serial number CH2AL04042AB.
This being the same property conveyed to Beverly D. Able by Deed of Quay Padgett dated February 3, 1999 and recorded February 4, 1999 in Book PO at page 122.
TMS No. 198-00-03-025-000
Property Address: 1084 Little Cedar Creek Road, Winnsboro, SC 29180
NOTICE OF FILING COMPLAINT
TO THE DEFENDANTS ABOVE NAMED:
YOU WILL PLEASE TAKE NOTICE that the original Complaint, Cover Sheet for Civil Actions and Certificate of Exemption from ADR in the above entitled action was filed in the Office of the Clerk of Court for Fairfield County on February 27, 2018.
ORDER APPOINTING GUARDIAN AD LITEM AND APPOINTMENT OF ATTORNEY
It appearing to the satisfaction of the Court, upon reading the filed Petition for Appointment of Kelley Woody, Esquire as Guardian ad Litem for unknown minors, and persons who may be under a disability, and it appearing that Kelley Woody, Esquire has consented to said appointment.
FURTHER upon reading the filed Petition for Appointment of Kelley Woody, Esquire as Attorney for any unknown Defendants who may be in the Military Service of the United States of America, and may be, as such, entitled to the benefits of the Servicemember’s Civil Relief Act, and any amendments thereto, and it appearing that Kelley Woody, Esquire has consented to act for and represent said Defendants, it is
ORDERED that Kelley Woody, Esquire, P.O. Box 6432, Columbia, SC 29260 phone (803) 787-9678, be and hereby is appointed Guardian ad Litem on behalf of all unknown minors and all unknown persons who may be under a disability, all of whom may have or claim to have some interest or claim to the real property commonly known as 1084 Little Cedar Creek Road, Winnsboro, South Carolina 29180; that he is empowered and directed to appear on behalf of and represent said Defendants, unless said Defendants, or someone on their behalf, shall within thirty (30) days after service of a copy hereof as directed, procure the appointment of Guardian or Guardians ad Litem for said Defendants.
AND IT IS FURTHER ORDERED that Kelley Woody, Esquire, P.O. Box 6432, Columbia, SC 29260 phone (803) 787-9678, be and hereby is appointed Attorney for any unknown Defendants who are, or may be, in the Military Service of the United States of America and as such are entitled to the benefits of the Servicemember’s Civil Relief Act aka Soldiers’ and Sailors’ Civil Relief Act of 1940, and any amendments thereto, to represent and protect the interest of said Defendants,
AND IT IS FURTHER ORDERED
That a copy of this Order shall be forth with served upon said Defendants by publication in The Independent Voice, a newspaper of general circulation published in the County of Fairfield, State of South Carolina, once a week for three (3) consecutive weeks, together with the Summons and Notice of Filing of Complaint in the above entitled action.
Brock & Scott, PLLC
3800 Fernandina Road, Suite 110
Columbia, SC 29210
Phone 844-856-6646 Fax 803-454-3451
Attorneys for Plaintiff
04/05/2018, 04/12/2018, 04/19/2018
