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News Archive
2008 LEGALS
Week of July
2, 2008
AMENDED SUMMONS AND NOTICES
Foreclosure of Real Estate Mortgage (Non-Jury
CIVIL ACTION NO.
2008-CP-04-01433
IN THE COURT OF COMMON PLEAS
STATE OF SOUTH CAROLINA
COUNTY OF ANDERSONGreen Tree Servicing, LLC, formerly known as
Conseco FinanceServicing Corp., a Limited LiabilityCompany under the
laws of the State of Delaware,Plaintiff,vs.
The Personal Representative if any whose name is unknown, of
the Estate of Candace Cannady a/k/a Candace R. Cannady
a/k/a CandaceRene Cannady; Amanda Garrett, as Heir-at-Law; and any
unknown Heirs-at-Law, or Devisees of Candace Cannady a/k/a Candace
R.Cannady a/k/a Candace Rene Cannady, Deceased; their heirs, Personal
Representatives, Administrators, Successors and Assigns, and all
other persons entitled to claim through them; all unknown persons
with any right, title or interest in the real estatedescribed herein;
also any persons who may be in the military service of the United
States of America, being a class designated as John Doe; and
any unknown minors or persons under a disabilitb ing a class
designated as Richard Roe;and Robert L.
Cannady,Defendant(s).Deficiency Waived
TO THE DEFENDANT(S) NAMED ABOVE:
YOU ARE HEREBY SUMMONED and required to Answer the Amended
Complaint in this action, of which a copy is herewith served upon
you, and to serve a copy of your answer to said Amended Complaint on
the persons whose names are subscribed below at PO Box 4216,
Columbia, SC 29240, 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 answer the Amended Complaint within the time aforesaid, or
otherwise appear and defend, the Plaintiff in this action will apply
to the Court for relief demanded therein, and 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)
RESIDE(S), AND/OR TO PERSON UNDER SOME LEGAL DISABILITY, INCOMPETENTS
AND PERSONS CONFINED:
YOUR ARE FURTHER SUMMONED AND NOTIFIED to apply for the
appointment of a Guardian ad Litem within thirty (30) days after
service of this Amended Summons and Notice upon you. If you
fail to do so, application for such appointment will be made by the Plaintiff.
YOU WILL ALSO TAKE NOTICE that, pursuant to Rule 53(b) South
Carolina Rules of Civil Procedure, as amended effective September 1,
2002, the undersigned attorneys, on behalf of the Plaintiff herein,
will seek a general Order of Reference to the Master-in-Equity or
Special Referee for Anderson County, South Carolina, which order
shall, pursuant to the Rule 53(b) South Carolina Rules of Civil
Procedure, specifically provide that the Master-in-Equity or Special
Referee is authorized and empowered to enter a final judgment in this
action, with any appeal from the final judgment entered by the
Master-in-Equity or Special Referee directly to the Supreme Court or
to the Court of Appeals, whichever is appropriate.
ORDER FOR APPOINTMENT OF ATTORNEY AND GUARDIAN AD LITEM AND
SERVICE OF VARIOUS PARTIES BY PUBLICATION
Upon reading and filing the Motion and Consent attached hereto, it is:
ORDERED that, pursuant to Rule 17, SCRCP, George O. Hallman, Jr.,
a competent and discreet person, is hereby appointed as the attorney
to represent any unknown Defendants that may be in the military
service represented by the class designated as John Doe and
Guardian ad Litem for all unknown Defendants that may be incompetent,
incarcerated, underage, under any other disability, represented by
the class designated as Richard Roe, all of whom may have or may
claim to have some interest in or claim to the real property known as
Lot No. 1, Williamston Township, Plat 1097/1-A, Williamston, SC, also
100 Loveland Drive.
IT IS FURTHER ORDERED that, unless those Defendants who are
incompetent, incarcerated, underage, under any other disability, or
in the military service, shall, in person or through someone in their
behalf, within thirty days after final publication of this Order,
procure to be appointed some other suitable person as attorney or
Guardian ad Litem in the place and stead of George O. Hallman, Jr.,
this appointment shall be final.
AND IT IS FURTHER ORDERED that this Order, the Amended Summons
shall be served upon all unknown persons with any right, title or
interest in the subject property, including the Defendants, John Doe
and Richard Roe, who may be incompetent, incarcerated, underage,
under any other disability, or in the military service, by publishing
a copy thereof once a week for three weeks in the Williamston
Journal, a newspaper of general circulation with the County of
Anderson, South Carolina, and which is hereby designated as the paper
most likely to give notice to the Defendants intended to be
served.Notice of Filing Complaint
NOTICE IS HEREBY GIVEN that the Amended Complaint in the above
entitled action, together with the Amended Summons, was filed in the
Office of the Clerk of Court for Anderson County on May 14, 2008.
B. Lindsay Crawford, III
Theodore von Keller
Sara C. Hutchins
Leath, Bouch, Crawford & von Keller, LLP
P.O. Box 4216,
Columbia, SC 29240
803-790-2626
Attorneys for Plaintiff
June 18, 25, July 2, 2008
SUMMONS AND NOTICES
C/A NO.: 2007-CP-04-4094
STATE OF SOUTH CAROLINA
COUNTY OF ANDERSONIN THE COURT OF COMMON PLEAS
CitiMortgage, Inc. successor by reason of merger with
CitiFinancial Mortgage Company, Inc. Plaintiff
vs. Lisa T. Ellison Defendant(s). (BFC) 0761
TO THE DEFENDANT(S): LISA T. ELLISON
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, 140 Stoneridge Drive, Suite 450,
Columbia, South Carolina 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 Plaintiff.
YOU WILL ALSO TAKE NOTICE that under the provisions of South
Carolina Code£29-3-100, effective June 16, 1993, any collateral
assignment of rents contained in the attached mortgage is perfected
and 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 and the Complaint
attached hereto.
NOTICE
TO THE DEFENDANT LISA T. ELLISON:
YOU WILL TAKE NOTICE that the Cover Sheet for Civil Actions,
Certificate of Exemption/Withdrawal from Arbitration and Mediation,
Summons and Notices, and Complaint, of which the foregoing is a
copy of the Summons, were filed with the Clerk of Court for Anderson
County, South Carolina on December 21, 2007.
Sandra L. Burr,
SC Bar No. 1045
BURR & ASSOCIATES, LLC
140 Stoneridge Drive,
Suite 450
Columbia, SC 29210
(803) 404-5555
Attorneys for Plaintiff
June 18, 25, July 2, 2008
SUMMONS
C/A No.:2008-CP-04-438
IN THE COURT OF COMMON PLEAS
13TH JUDICIAL CIRCUIT
STATE OF SOUTH CAROLINA
COUNTY OF ANDERSON Paul R. Hutchinson,Plaintiff,
vsLoree Mercier, Roger Calvin Mercier, and any unknown adults,
claiming any right, title, estate, or interest in or lien upon the
real estate described herein, being as a class designated as John
Doe; and any unknown infants fourteen (14) years of age or older, or
imprisoned person being designated as a class as Jane Doe; and any
unknown infants under the age of fourteen (14) or persons under
a disability, being as a class designated as Richard Doe,
Defendants.TO THE DEFENDANT(S) 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 complaint upon the subscriber at his
office at Post Office Box 273, Anderson, South Carolina, 29622 within
thirty (30) days after the service hereof, exclusive of he day of
such service. If you fail to answer the complaint within that
time, the plaintiff will apply to the court for the relief demanded
in the complaint.
TO: INFANT(S) OVER FOURTEEN YEARS OF AGE OR IMPRISONED PERSON:
You are further summoned and notified to apply for the appointment
of a guardian ad litem to represent you in this action 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 the plaintiff herein.
TO:INFANT(S) UNDER FOURTEEN YEARS OF AGE INCOMPETENT OR INSANE AND
TO ANY GENERAL OR TESTAMENTARY GUARDIAN WITH WHOM (S)HE/THEY RESIDE(S):
You are further summoned and notified to apply for the appointment
of a guardian ad litem to represent said infant(s) under fourteen
years of age (or said incompetent or insane person) 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 the plaintiff herein.
CHAPMAN, BYRHOLDT & YON, L.L.P.
Attorneys for Plaintiff
/S/ E. Alex Turner, III
117 West Benson Street
Post Office Box 2506
Anderson, SC 29622
(864) 225-1411
SC Bar No.: 66515
Anderson South Carolina
February 8, 2008
June 25, July 2, 9, 2008
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